HomeMy WebLinkAboutR-84-0962i
O
3-84-793
8/20/84
rr/048/D1
M84-944, M84-952
(8/16/84)
RESOLUTION NO. 84-%2
A RESOLUTION RATIFYING AND APPROVING THE
CITY MANAGER'S EXECUTION OF THE ATTACHED
AGREEMENT WITH THE GREATER MIAMI HOST
COMMITTEE, INC. FOR THE MISS UNIVERSE/
MISS U.S.A./MISS TEENAGE U.S.A. PAGEANTS
IN THE YEARS OF 1985 AND 1986 TO BE HELD
IN THE CITY OF MIAMI WITH FUNDS THEREFOR
ALLOCATED IN AN AMOUNT NOT TO EXCEED
$250,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND; FURTHER
EXPRESSING THE CONCERNS OF THE CITY
COMMISSION AS A GUIDE FOR THE HOST
COMMITTEE IN ITS NEGOTIATIONS WITH THE
SPONSOR OF SAID PAGEANTS.
8E IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager's execution of the
attached agreement with the Greater Miami Host Committee,
Inc. for the Miss Universe/Miss U.S.A.,/Miss Teenage U.S.A.
Pageants in the years of 1985 and 1986 to be held in the City
of Miami is hereby ratified and approved with a sum not to
exceed $250,000 being hereby allocated therefor from
Special Programs and Accounts, Contingent Fund.
Section 2. The said Host Committee is hereby
requested and urged to consider the following concerns in the
Committee's negotiations with the sponsor of the above
Pageentas
(a) In conducting its own publicity efforts and
activities, the City of Miami:
(i) shall be able to make free and full
reference to the holding of the
Pageants;
(ii) shall be permitted to negotiate for
and/or engage the services of
Pageant participants to represent
u%' i f ii a
the City upon the expiration of any
commitment that may exist between 4
the participants and the Pageant
sponsor;
shall be recognized as being able to
reproduce freely original theme
songs used in the staging of the
Pageants;
(iv) shall have free use of and full
access to any documentary film(s) of
the Pageants produced by or through
the Pageant sponsor.
b. The 1984 Miss Universe Pageant's resulting
deficit to the City of Miami shall be given due
consideration.
PASSED AND ADOPTED this 20th day of August , 1984.
Maurice A. Ferre
TEST
PREPARED AND APPROVED BY:
DEPUTY CITY ATTORNEY
APPROVEPO�TO FVli ANp CORRECTNESS:
%-W , ar% Me �_
AGREF11ENT n;ade this day of Aug., 1984, by and between The
City of Miami, (CITY) a Florida tlunicipal corporation having an
offi ce at 3500 Pan Amer i can Br i ve, 1•1-i �Imi , Fl or i da 33133 and the
Greater Miami Host Committee, Inc., (HOST) a Florida not -for -
profit corporation having an office at >60 S. Bayshore Drive,
Miami, Florida 33133•
k'ITNESSETH:
WHEREAS, HOST is negotiating an agreement with the Miss
Universe, Inc., (PAGEANT) to promote and conduct pageants known
as the "Miss Teen U.S.A. Fapoe-rit," "Miss U.S.A. Pageant" and
"Miss Universe Pageant" for the purpcse of selecting winners for
the titles " Si ss Teen U.S.A. ," "i�i ss U.S.A." and "Xi ss Universe";
WHEREAS, It is in the City's 1)cst interest that HOST enter
into an agreement with P:-Eeant to conduct the 1985 Piss Teen
U.S.A. , 1985 M-L ss Universe, 10 6 N�i ss T•I en U.S.A. and the 1986
,J:'s .S. Pr ccr11.S Wit. t}ie C.c,!. e—.1Licn CF'r',ter ("FaC.11lty"),
.ut
ct to t},e a ai ? ;-t i 1 its' of c-s, or such cat,},cr facility as
may be required, whA-ch is loc, t.ed in 'ir<<T�i, P;-de County, Florida.
tOW1 T}t?rirC?FF, jr, cr' c '} r,,
.. .crc., z c>n r.:�f, � ,r r. } tur:l COvc ;,ants
contained herein, the parties ngrce as follows:
1. The City shall grant "HOST" $C50,000, receipt of which
is hereby acknowledged, to induce PAGEA14T to enter into the
aforemention proposed agreement; provided that, $100,000 may be
spent by HOST upon execution of said agreement with PAGEANT and
r
$150,000 rha11 4put in rrcrow find shall 16 distributed only
upon wri ttcn aut hor i ,. at. i on by the Ci t.y tanager and upon
ful fi l lment of the fol 1 owi rig c ondi t.i nns by HOST:
a. HOST shall request that PAGEANT, consider a Miss Free -
Cuba Contestant and, prohibit the participation of a contestant
from South Africa and any other country i}►at. has a governmental
policy of discrimination.
b. HOST shall require PAGEANT to !zW)mit a proposed budget
for the use of CITY's contribution to HOST hnd shall further
require the submittal of verifiable receipts by the PAGEANT for
the expenditires of such money in accordance with the submitted
budget.
C. In the event :.hat HOST has not secured the commitment of
the other public or private contributions, with the exception of
$500,000 frcrr the State of Flj ur-i da, in each or in writing by
October 1, 19841 HOST si;all not spend the remaining $150,000 held
in escrow -r;d fortl,4.i t h r c turn t o the CITY the entire
S C00 in t1he cv<_nt such V-,00,000
by ?°'ay 1, 1(-'-" ' he Hi`)ST t; l l rc_ f;;r,d to "he CITY the entire
$r50,000 rev r,c _d Ily 11,e City.
d. hOLT r,i , 11 cc r;t.r act for t};c rc-tu, n of all m"Jncy's
advanced together with interest and dEm-,,c:s in the event PAGEANT
defaults.
e. Except staff services authorized by the City N,anager,
HOST agrees to reimburse CITY for all other CITY services
provided for the event including but not limited to police, fire,
sanitation apublic worksl a"d *�'e ulP Cli'� 4;XCJ(-h1r.
f. In the gent the i r r ome r(•cei N,ed HOST exceeds i is
ob)lgatinns r)its contract with the PAIWANT, HOST Pgree_ to
nd..
reimburse all contributors a sum prc-ratPd to the mount of
contribution.
g. HOST acknowledges that it is an iridependc-nt contractor
and not an agent of the CITY in any of its nrCotiations with
PAGEANT and specifically agrees to r-jr-fj rn 1, hold harmless and
indemnify the CITY against any and al Iiabilities or
suits that may arise out of this Agreement. or its rgreement with
PAGEANT.
IN WITNESS WHEREOF, the parties I)ereto have caused this
instrument he executed by the persons thereto Iegally authorized,
this the day and year first above written.
Attest:
C�fiFC..�h;LTE'S E Cr,F.TAR1'
Attest:
MY CLERK
Ralph Ongie
GRFATFR h,IAijI,H0-0.7 "'1;�ITTEE, INC.
F4L
I nt.y ;rz i -�ar
C'1'FY OF , A i;UNJ CIFAL
CC 15 0 ,.�;'I IGti OF iiNE SIATF
OF F ! t'R ? PA
By
Gl il' !� hkGER
Howard V. Gary
APPROVED AS ; RM AND CORRECTNESS:
C ATT R�NEY—
Lucia A. Dougherty
• s
s
CITY OP MIAMI, FL*RIDA
INTER -OFFICE MEM!' MAN®UM
To Honorable Mayor and August 17, 1984
Members of the City DATE Illt
Commission SUBJECT Negotiation Contract
/ for 1985 A 1986
Pageants
.ROM Howard V. Gary
City Manager REFERENCES
ENCcbSVRES
The City Commission on August 16, 1984, directed the City Manager
and City Attorney to negotiate a contract for pageants to be held
in Miami in 1985 and 1986 pursuant to the proposal proferred to
the Greater Miami Host Committee by Miss Universe, Inc. Attached
is a copy of the negotiated contract.
The contract is between the City of Miami and the Greater Miami
Host Committee and provides for the conditions stipulated by the
City Commission. Specifically, the contract provides for the
payment of $250,000 to the HOST Committee, but only $100,000 can
be used now to solidify the pageants for 1985 and 1986. The
City's contribution is refundable by the HOST Committee if the
following conditions are not met:
1. Secure matching funds from Dade County, the State of Florida
or some other source(s) by a time certain.
2. Provide a detail budget for the use of the City's contri-
bution as well as verification of the expenditures for same.
3. Hold the City harmless and indemnify it against all claims,
liabilities, or suits.
4. Request that PAGEANT consider a Miss Free -Cuba Contest and
prohibit the participation of a contestant from South Africa and
any other country that has a governmental policy of
discrimination.
The contract further states that the HOST Committee will be
responsible for reimbursing the City for all City services
provided for the event including but not limited to the use of
City facilities, police, fire, sanitation and public works.
In the event the income of the HOST Committee exceeds its PAGEANT
obligations, the City will receive a pro-rata share of this
income based on its percentage contribution to the HOST Committee
for the pageants.
e
AGREE t-,EtJ made this day of Aug. , 1984 by and between The
City of Miami, (CITY) a Florida Municipal corporation having an
office at 3500 Pan American Drive, h,icmi, Florida 33133 and the
Greater Miami Host Committee, Inc., (HOST) a Florida not -for -
profit corporation having an office at 2560 S. Eayshore Drive,
Miami, Florida 33133•
W1TNESSETH:
WHEREAS, HOST is negotiating an agreement with the Miss
Universe, Inc., (PAGEANT) to promote and conduct pageants known
as the "i;iss Teen U.S.A. Pageant," "Miss U.S.A. Pageant" and
"miss Universe Pageant" for the purpose of selecting winners for
the titles ".'iss Teen U.S.A.," "Miss U.S.A." and "t-1iss Universe";
WHEREAS, It is in the City's best interest that HOST enter
into an agreement with Pageant to conduct the 1985 Miss Teen
U.S.A., 1985 Miss Universe, 1986 hiss Teen U.S.A. and the 1986
Xii ss U.S.A. Pageants at the Mi arr,i Convent i- on Center ("Facility"),
subject to the availability of oaten, or such other facility as
may be required, which is located in I'iami, Dade County, Florida.
NOW, THLREFGRE, i n cvnsi dent ion of the mut ual covenants
contained herein, the parties agree as follows:
1. The City shall grant "HOST" $250,000, receipt of which
is hereby acknowledged, to induce PAGEANT to enter into the
eforemention proposed agreement; provided that, $100,000 may be
spent by HOST upon execution of said agreement with PAGEANT and
A150,000 shall b * t in escrow :,nd shall istributtd only
upon written author i :.at i on by the City tlanager and upon
fulfillment of the following conditions by HOST:
a. HOST shall request that PAGEANT, consider a hiss Free -
Cuba Contestant and, prohibit the participation of a contestant
from South Africa and any other country that has a governmental
policy of discrimination._
b. HOST shall require PAGEANT to submit a proposed budget
for the use of CITY's contribution to HOST and shall further
require the submittal of verifiable receipts by the PAGEANT for
the expenditires of such money in accordance with the submitted
budget.
C. In the event that HOST has not secured the commitment of
the other public or private contributions, with the exception of
$500,000 from the State of Florida, in cash or in writing by
October 1, 1984, HOST shall not spend the remaining $150,000 held
in escrow and shall forth�,,ith return to the CITY the entire
<250,000. In the event that HOST has not secured such 4,�00,000
by May 1, 1985 the HOST shall refund to the CITY the entire
$250,000 advanced by the City.
d. HOST shall contract. for the rc:t i)rA of al l money's
advanced together with interest and darr,ages in the event PAGEANT
defaults.
e. Except staff services authorized by the City Manager,
HOST agrees to reimburse CITY for all other CITY services
provided for the Event including but not limited to police, fire,
sanitation ar}ti public works G"6 44v- uLe of a4,�j -Gkc.J fier. *&.
/ �,�(
• f. 1n the nt the income rereirE�! +reds Its
4 y
obligations under is contract ewithe the PA 1`, MOST agrees to
reimburse all contributors a sum pro -rated to the amount of
contribution.
g. HOST acknowledges that it is an independent contractor
and not an agent of the CITY in any of its negotiations with
PAGEANT and specifically agrees to defend, hold harmless and
indemnify the CITY against any and all claims, liabilities or
suits that may arise out of this Agreement or its agreement with
PAGEANT.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument be executed by the persons thereto legally authorized,
this the day and year first above written.
Attest: GREATER NIAM1 H093 leiil ITTEE, INC.
CORPORAfiE SECRETARY
Attest:
CITY CLERK
Ralph Ongie
By
PRESIDct (SEA
t;onty a rai nz r
CITY OF MIPMI , A );UNICIPAL
CORPORATION OF THE STATE
OF FLORIDA
By:
CITY 1�AhAGER
Howard V. Gary
APPROVED AS X RM AND CORRECTNESS:
Lucia A. Dougherty