HomeMy WebLinkAboutR-84-0687T J
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RESOLt�TION �i0 a O8 / : 4 1
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEE0 $15400 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE ACCOUNT TO COVER
T9E USE FEE FOR MIAMI MARINE STADIUM ON
JULY 4o 14, AND 21, 1984 BY LEND -A -HAND
FUND, INC. AS SPONSOR OF THE GREATER MIAMI
OPERA ASSOCIATION FOR THE PURPOSE OF
PRESENTING SUMMER POPS CONCERT SERIES,
SAID ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH ADMINISTRATIVE
POLICY No. APM 1-84, DATED JANUARY 24, 1984.
WHEREAS, Lend -A -Hand Fund, Inc., has requested City
assistance in presenting the Summer Pops Concert Series; and
WHEREAS, the Summer Pops Concert Series serves as a summer-
time tourist attraction and provides family oriented cultural
entertainment for the local community and the south Florida
area;
NOW, THEREFORE, BE IT RESOLVED BY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. An amount not to exceed $15,000 is hereby allocated
from Special Programs and Accounts, Quality of Life Account to cover
the use fee of the Miami Marine Stadium on July 4, 14 and 21, 1984
by Lend -A -Hand Fund, Inc. as sponsor of the Greater Miami opera
7
Association for the purpose of presenting Summer Pops Concert Series
1
1984 to serve as a summertime tourist attraction and provide
family -oriented cultural entertainment for the local community and
the south Florida area.
Section 2. The herein allocation is conditioned upon subtantial
compliance with City of Miami Policy No. APM-1-841 dated January 24,
1984.
CITY COMMISSION
MEETING OF
J U N 14 1984
ION Nob "-68T
REMARKS.
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MAURICE A. F RRE, MAYOR ' <:
ATTESTS
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LPH ONGIE, CITY CLEW -
PREPARED AND APPROVED BY:
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ROBERT F. CLARK, D-EPTift CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
rR. GARCIA—PEDROSA, CITY ATTORNEY
tb: IrlLis
Howard V. Gary DATE: May 31, 1984 ;gam
City Manager
SUBJECT:
Resolution formalizing
Motion 84-578 Lend -A -Hand
FROM A" REFERENCES:InC.
Dena Spillman, Director June 14th City Commission
Department of Community Development ENCLOSURES: Meeting
The Office of Stadiums recommends the
adoption of a resolution to allocate up
to $15,000 from Special Programs and
Accounts to cover the use fee for the
Marine Stadium on July 4, 14 and 21, 1984
by Lend -A -Hand Fund, Inc. as sponsor of
the Greater Miami Opera Association.
This resolution formalizes Motion 84-578,
passed on May 24, 1984.
The Office of Stadiums has reviewed a Special Funding Request
for assistance submitted by Lend -A -Hand Fund, Inc., a nonprofit
foundation of the Miami Herald which is sponsoring the Greater
Miami Opera Association. Lend -A -Hand Fund, Inc., proposes a
three-day Summer Pops Concert Series to be held July 4, 14 and
21, 1984 at the Marine Stadium. For these events, the Office
of Stadiums recommends that Lend -A -Hand Fund, Inc.'s, Special
Funding Request be granted for the rent only, which is the
greater of $2,500 per day or 10% of gross ticket sales with a
maximum cap on rent of $15,000 for the three (3) event days of
this series. It is recommended that all event expenses such as
police, ushers, fire marshalls, rest room attendants, security
boats, box office manager, office attendant and cleanup be paid
for by Lend -A -Hand Fund, Inc. The Office of Stadiums has
discussed this proposal for rent and event expenses with Lend -
A -Hand Fund, Inc. and it is agreeable with them.
The Office of Stadiums believes there is the potential for the
City to receive about $5,000 in concession revenues from -the
Summer Pops Concert Series.
Enclosed are two agreements between the City and Lend -A -Hand
Fund, Inc. The first is to assure that Land -A -Hand Fund, Inc.,
is in compliance with the terms of Administrative Policy No.
APM 1-84 dated January 24, 1984 relating to Special Funding
Requests. The second is a standard agreement for the use of
the Miami Stadium by Lend -A -Hand Fund, Inc., for its proposed
Summer Pops Concert Series.
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This, Agreet ent of tiered into as of the of
,,.,,rday
1984,
by and batveeYt the City of Miami, a Municipal coporation of
riade
County, Florida, hereinafter referred to as "City"
and Lend -A-
Hand
Fund, Ine.,'hereinafter referred to as "GRANTEE".
W I T N E S S E T H
T-TURE,AS, Lend -A -Hand Fund, Inc. will sponsor the Greater Miami
i
Opera Association in presenting a Summer Pops Concert Series at the
Miami Marine Stadium, July 4, 14, and 21, 1984, to serve as a Summer-
time tourist attraction and provide family -oriented cultural enter-
tainment for the local community and the South Florida area, and
WURRAS, on the City Commission by Resolution
84- allocated $15,000 from Special Programs and Accounts,
Quality of life Account, to cover the cost of using the Miami Marine
Stadium for the Concert Series; and
WHEREAS, the GRANTEE will nay all other costs associated with
staging the Concert Series;
POW, THFRFFORF, the City of Miami and Lend -A -Nand Fund, Inc. do
mutually aeree as follows:
1. TERM:
This Agreement shall commence July 4, 1984 for the purpose of
providing services stipulated in Paragraph 2 of this Agreement
and shall terminate on July 21, 1984. If required, set up shall
be July 3, 1984 and dismantle shall be not later than 3:00 p.m.,
July 22, 1984. (Set-up and dismantle is normally free of charge
unless unusually long periods of, time is required).
2. GFANTFE AGREES:
a) The GRANTEE shall sponsor the Greater Miami Opera Association
in presenting a Summer Fops Concert Series at the Miami Marine Stadium
July 4, 14, and 21, 1984 to serve as a summer -time tourist attraction
and provide family -oriented cultural entertainment for the local communit•
and the South Florida area.
84—f 87 .
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h) The
OAAME
shall enter into a Ube Agreement with the
of Miami for
the Miami Marine Stadium.
The
OPANIT.
shall comply.with the covenants and,requirements
stipulated in said use
Agreement.
d) The
9RANTEE
shall pay for all other costs associated with
staging the
Concert
Series in the Miami Marine Stadium.
e) The GRANTEE shall provide a statement to the City of Miami,
Department of Community Development, of revenue and expenditures re-
lated to said event within 30 days after.the completion of the event.
f) The GRANTEE shall provide a certified statement to the
Department of Community Development within 30 days after the completion
of said event stipulating the amount expended in producing the Concert
Series.
3. 'CITY AGREES:
a) The CITY shall, as compensation for the services outlined
pursuant to Paragraph 2 hereof, allocate the amount not to exceed
$15,000, said, allocation to cover the cost,of three event day's use
fee of the Miami Marine Stadium.
b) The City's Department of Community Development will handle
the payment to the Miami Marine Stadium for and on behalf of the
GRANTER.
c) The GRANTEE and the CITY hereby agree that the maximum
amount payable under this contract shall not exceed $15,000.
4. TERMINATION OF' CONTRACT:
The CITY retains the right to terminate this Agreement at any
time prior to the completion of the services without penalty to the
CITY. In that event, notice of termiaation of this Agreement shall
be.in writing to the GRANTEE who shall be paid for expenses incurred
prior to the date of the receipt of the notice of termination. In
no case, however, will the CITY pay the GRANTEE an amount in excess
of the total sum provided by this Agreement.
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it is he reby understood.
by and
between the:
,'.���'� , A n �w�
GRANTEE that any Payments
made in accordance with phis; Recta
the GRANT99 shall be made
only if said
GRANTEE is
not in default
y
under the terms of this Agreement. If
the GRANTEE
is in def8ul r
pursuant to the terms of
Paragraph 14
or any other
provisions -Of'
Ilk
this Agreement, then the
CITY shall in no way be
obligated and 7
shall not pay to the GRANTEE any sum whatsoever.
S. GENERAL CONDITION:
a) All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and shall be
.delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed
given on the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of -actual receipt,
whichever is earlier.
Name, address and telephone. pf. 'GRANTEE t T.pnd-A-Nand Find _
Tnc as sponsor of the Greater Miami Opera Association •
City address: Number one Herald Plaza
Miami, Florida 0 05) 350-2527.
b) Titles and paragraph headings are, for convenient
reference and are not a part of this Agreemente
i
c) In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
documents, the terms in this Agreement shall rule.
6. AWARD OF AGREEMENT:
The GRANTEES warrant that it has not employed or retained
any person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by the CITY any fee, commission,
percentage, brokerage fee, or gifts of any kind contingent upon
or resulting from the award of this Agreement.
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Cade Chapter
City Section-11.1)' .►nd
t County r
'loida (bade County Code:
a Statute��►nd agrees that they will gully
Comply in all j
ri-brid
ect with the terms of said laws*;
res p
�. NONiOEL�GABLLITY: pursuant to
the GRANTEE p
That the oblightions undertaken by or firm
delegated to any other Person
' this Agreement shall not be he erformanee
unless the CITY shall first consent in writing to t P
erson or firm•
services or any part thereof by another p
of such �
8. CONSTRUCTION OE AGREEMENT: ed according to
This Agreement shall be construed and enforced
the laws of the State of Florida.
g. SUCCESSORS AND ASSIGNS: parties herein,
This Ag
� reement shall be binding upon the
their heirs, exec
utors, legal representatives, successors and
4
assigns.
i
10• AUDIT RIGHTS:
the
a) Pri
or to the release of any funds to the GRANTEE,
an independent
GRANTEE
shall provide the CITY a letter fro°61
Public Accountant (C.P.A•) which established that the
Certified safeguard their
GRAN
TEE's internal controls are adequate -to
assets and properly reconcile accounting
transactions. The CITY
GRANTEE prior to receipt of
will not release any
funds to the
this letter,
b) The CITY reserves the right to audit the records of the
time during the performance of this Agreement and
GRANTEE at any
for a period
of three years after final payment is made under
this Agreement. 15�000 or
c) The CITY will audit all GRANTEES receiving $
' more, agree to submit to
d) All GRANTEES receiving $25,000 or more independent
the City's Department of Community Development an P
audit, by
a certified public accountants which must include the
n of an opinion on the financial statements and account$
expressio 89� 68 7. .
funds. �$id audit snap a ,eub fitted tO the ity' i .i par t i tt
of ,
of -community Development no later than.. ninety day, , afte�.-
.:
ipt of CITY fUna e�F:
termination of this Agreement or final rece00-
whichever is applicable.
L1. INDENNIFICATION:
The GRANTEE shall indemnify and save the CITY harmless frOtY► .
and against any and all claims, liabilities, losses, and cause of
action, which may arise out of the GRANTEE'S activities under
this Agreement, including all other acts or omissions to act on
the part of the GRANTEE or any of them, including any person
acting for or on his or their behalf, and, from and against any
orders, judgments or decrees which may be entered, and from and
against all costs, attorneys fees, expenses and liabilities
incurred in the defense of any such claims, or in the
investigation thereof.
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12. ", CONFLICT OF INTEREST:
The GRANTEE covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interests, direct or indirect, in this Agreement: The GRANTEE
further covenants that, in the performance of this Agreement, no
person having such conflicting interest shall be employed. Any
such interests on the part of the GRANTEE or its employees, must
be disclosed in writing to the CITY. The GRANTEE, in the
{
performance of this Agreement, shall be subject to the more
restrictive law and/or guidelines regarding conflict of interest
promulgated by federal, state or local government.
13. INDEPENDENT CONTRACTOR:
The GRANTEE AND its employees and. agents shall be deemed to
be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of the City or any rights generally
afforded classified or unclassified employees; further he/she
shall not be deemed entitled to Florida Worker's Compensation
1
benefits as an employee of the CITY. 84-68 7—
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14 . � �`At3 PRO
i�i;3 IONS
to:C�lrl 1with :�A1+�1
h 'theV�n`` t+� GEAt'E faile
this Ag
geifient
theRAi�i'Ei :��Al.>e
atie�ty
t+n� canditib thy.
funds 'advanced �tndef this Agr�ttltnen
required . to rSpay Ali 1 four additi011":y
City and the GRAN ES may
not be eligible to �► Y s.
= the CITY Maycancsl and.
r»
grant funds-
bj� In the event of default'
terminate this Agreement, and said
Agreement shall be null and
further force and effect -
void of no
15• NON.DISCRIMINATION: `
to
TEE agrees that
it shall not discriminate as
The GRAN in in connection with
race, sexy color,
creed, or national origin ,
its performance under this Agreement-
l6. WAS R: deemed to have
an provision hereof shall be CITY
No waiver of y writing signed by the
i waiver be in the strict
been made unless such CITY to insist upon
The failure •of the this
Manager• or condition§ of
of any of the provisions
relinquishing
in
performance Waiving. or
shall not be construed as same shall
Agreement the
. such covenants or conditions but
the future any and effect•
continue and remain in full force
CONTINGENCY CLAUSE:
17• ent on the availability
for this Agreement is contingent ram activities and
Funding for program
funds and continued authorization of funds or
of due to lack
act to amendment or termination ulations•
is subje and/or change in reg
i authorization, reduction of funds' AND LOCAL LA'WSz
STATE
lg• COMPLIANCE WITH FEDERAL, laws,
comply With
all applicable
} Both parties shall Governments.
f Federal, State and Local
ordinances and codes o 1 With Title VI of the
the GRANTEE agrees to comply
SpecificallYs Civil Rights Act Of
Act of 1964, Title VIII of the
Executive Order 11264; Section 3 of
Civil Rights
` Order 110631 Ex
1968; Executive as amended.
Development Act
the Housing and
Urban of 1968;
19• BONDING AND INSURANCE: the GRANTEE shall
aj During
the term of this Agreement,
coverages in amounts as dot®rmined
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maintain bonding and insurance 84
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by the :a ' it hto.Offt6nt hivie bn of the CITY&
&OOi 6ab!e# the bllY shall be named as at! ad itioh&I ift uk4d'
b) the GRANTEE shall furnish certificates bf ihsuranbi acid
bonding, as required, to the CITY Erior to commencing any
activities under this Agreement.
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20, ASSURANCES AND CERTIFICATIONSt
The GRANTEE assures and certifies that:
a) All expenditures of funds will be made in accordance with
the proposal and Line Item Budget (both of which are attached as
Exhibits 1 and 2)0 approved by the City Commission.
b) CITY funds will not be co -mingled with any other funds
and that separate bank accounts and accounting records will be
maintained.
c) The expenditures of CITY funds will be properly
documented and such documentation will be maintained.
d) Periodic progress reports as requested by the CITY will
be provided.
e) The GRANTEE will be personally liable for any CITY funds
expended that were not consistent with the program approved by
the City Commission or any funds expended not in accordance with
proper accounting standards as determined by competent auditing
authority.
f) No activity under this Agreement shall involve political
activities.
g) The GRANTEE possesses legal authority to enter into this
Agreement; a resolution, motion, or similar action has been duly
adopted or passed as an official act of the GRANTEE's governing
body, authorizing the execution of this Agreement, including all
understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative
of the GRANTEE to act in connection with the GRANTEE and to
provide such additional information as may be required.
21) AMENDMENTS:
i
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
i
ITNS Wt#Eop, the parties hereto have oacsed th
IN Agreement to be exouted in their r�amee b their dl` actht�riaed -
g
corporate se
to be affixed hereto, alys.s of-
officers hnd'the + -
th� y e day and year -first above written. f
CITY OF MIAMI, a
municipal corporation of
the state of Florida
ATTEST:
I
Ralph Ongse
City Clerk
ATTEST:
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS:
Jose Garcia -Pedrosa
City Attorney
By
Howard V. Gary
City Manager
GRANTEE:
corporation name
By
PRESIDENT
SEAL
APPROVED AS TO INSURANCE REQUIREMENTS:
Department of Risk Management
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bATg: 4/2/
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Name of Event, Project or Program: summer, Pops Concert Series._ 1
Date of Event, Project or Programs July 4 14 11nd_21, 1984
Name oc Organizations
Herald, Knight Foundat
Name of Contact Perse
WCIX - 6,
Telephone : Work: A%n-2s22 Home:
Mailing Address: Number One Herald Plaza
Miami. F1 33101
Brief description of program/event (including number of people
expected to participate or attend program):
4211mmPT Pena co=cent ,$eries with such artists as Andy Williams
fl.,A Tex Beneke with 61000 to 6.500 expected per concert or 22,500 for the three
conger s
Benefits to'the City (quantify where possible):
Will serve as a summer -time tourist attraction and provide family -oriented
entertainment for the South Florida area.
Support Requested:
Cash Grant: $
In -Kind Services (specify type of service and $ value as
determined or estimated by the providing department):
1. Repair barge at Miami Marine Stadium by resurfacing.
2 Provide a portable roof for the stage (barge).
Provide police, stadium staff.
$2,500 per concert
Fee Waiver $ Amount: or 10% of gross Facility Miami Marine Stadium
sales fee
Date(s) Tr;;13 4,- 14 and 21
Total $ Requested from City:
Has City Provided support in previous years? Yes No X
If yes, please attach a letter from a certified public accountant
verifying the sufficiency of accounting systems and internal
financial controls during funding period. If you have received
$25,000 or more, a copy of an audit reflecting the expenditure of
those funds must also be provided. Also, specify past City
support and dates) of event or activity.
The city Provided in -kind support to the Florida Philharmonic Summer
_ preps Series, however, the 1984 series will be presented by a different
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�•Y + - 1 ty
fit ities?
Amaunt ( Indicate it
List Funding rdeived, still
koplied to. p+�nditi , or rejected)
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Please indicate what easures accounting will
funds:
ken to insure. adequate
financial.controls
See attached letter outlining these measures.
Please' attach the following information relative to your
organization to thi's application:
1) State Charter; DNA 2) Tax 'Exempt Certification; 06021400023 Lend -A -Hand Fund, Inc.
Docum
controls and letter
3) from ecertifiedf publicnaac financial
ant lverifying accounting
systems and internal controls;
4) A copy of the projected line item budget reflecting
expenditures and anticipated revenues for_ project/.event;
and
5) If this is not a organization'snannual budget e time event, pindicating lease call sourch a copy of
es
of funding Unknown at this time
Please describe organization's 'capability to accomplish
program/event:
Through the :ni••t effort of all sponsors the financial, promotional
and artistic coml2onents of the Summer Pops Concert Series will be provided.
I hereby certify that the information provided herein is true and
accurate and that the funds provided by the City will be expended
in accordance with the commitments approved by the City
Commission. F'urthermorel, the City will be provided with an
accounting of expenditures and receipts within thirty (30) days
after the event's conclusion applicable�aalong with any othert of nds from documentsthe
or
City, whichever is applicable,
data requested by the City:
PRESMERTOfflF CORPORATION
Beverly R. Carter
NAKE OF ORGANrZATION
the Miami Herald
i
84--687. .
CORPORATE SEAL
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Please l be
indicate what
ols andmeasures accountinglken to insure. adequate
of funds:
See attached letter outlining these measures.
Please attach the following information relative to your
organization to this application:
1) State Charter; DNA
2) Tax Exempt Certification; 06021400023 Lend -A -Hand Fund, Inc.
controls and letter
3) Documentation
ecertifiedf publicnaaccountantal
fromverifying accounting
systems and internal controls;
4) A copy of the projected line item budget reflecting
expenditures and anticipated revenues for project/.event;
and
5) If this is not a one time event, please attach a copy of
the organization's annual budget indicating all sources
of funding Unknown at this time
Please describe organization's capability to accomplish
program/event:
Tt,=nupb the ioint effort of all sponsors the financial. promotional
and artistic components of the Summer Pops Concert Series will be provided.
I hereby certify that the information provided herein is true and
accurate and that the funds provided by the City will be expended
in accordance with the commitments approved by the City
Commission. Furthermore, the City will be provided with an
accounting of expenditures and receipts within thirty (30) days
after the event's conclusion and/or receipt of funds ,from the
City, whichever is applicable, along with 'any other documents or
data requested by the City:
UUKVUKA-11UN
Beverly K. Carter
HAR—OF ORGUIZATION
Whe Miami Herald
CORPORATZ SE'
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Rental of the Marine Stadium on July 4, 14
and 21, 19849 by the Lend -a -Hand, Fund, Inc.
for the Summer Pops Concert Series at 7 500
$2,500 per day for three(3) days -
(or 10% of gros�n�coftsaes with a
$151000 for the
maximum Cap one
three events)
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CI Or MI MI , ltDA
THIS ACPSEMNT #idde and entered ;into this.,.. _,. tiday of
19849 by and betuten the CITY OF MIAMI, a Municipal Corporation of
the State of Florida, hereinafter referred to as the "City" and
Lend -A -Hand -Fund, Inc., a Corporation not for prof -it as sponsor of
the Greater.Miami Opera Association with its principal office at
number one Herald.Plaza, Miami, Florida 33101, telephone (305) 350-2527.
W I T N E S SFiTH
In consideration of the covenants and agreements hereinafter
set forth, the City does hereby grant unto the User and the Greater
Miami Opera,Association, the privilege of entry upon or*into the
Municipal facility of the City of Miami known as the Marine Stadium,
the said facility to be entered upon or into for the purpose of
presenting Summer Pops Concert Series 1984 on the days of July 4, 14,
and 21, 1984. If required, set-up shall be the day before each event
day. Dismantle shall be no later than 3:00 p.m. the day after each
event day. (Set-up and dismantle time is normally free of charge
unless unusually long periods of time are required).
User shall mean licensee.
THE USER HEREBY COVENANTS'AND AGREES:
1. To pay the City of Miami $2,500.00 (two thousand five hundred
dollars) or 10% of the gross ticket sales whichever is greater,
with a maximum use fee of fifteen thousand dollars, ($15,000,00)
for the total of the three (3) event days.
2. To pay the City, on demand, such sum or sums as may be due to
said City for additional services, accommodations or material
furnished to said User.
3. That all advanced sums, or advanced payments for -services,
shall be forfeited if, through the fault of the User,
the event -is not held on the dates and times contracted.
4, The User shall provide the City with a statement accounting
for all expenses and disbursements within 30 days after
completion of the event. The Statement should show how
much of the proceeds of the events were expended.
5. The City reserves the right to enter upon the premises at
any time during the period of use as it deems necessary.
84-687 _.
i
6. The City reserves the right to remove from the premises
all User effeets remaining in or on the ground of t'he
facility after the end of the contract period, at the
expense of the User, or to charge storage at the sathe rate
stated in paragraph 1 on the Agreement, for each day or.
part of a day that said effects retrain in or on the grounds
of the facility after the end of the contract period. For
purposes of this provision, "dismantle time" shall be
considered to be a part of the contract terms.
7. To provide a diagram of the proposed event layout to the
Office of Fire Prevention, 275 N.W. 2nd Street, Miami, F1.
and obtain fire permits required by Section 19-516 of the
Code of City of Miami, relative to fire safety. Fire
Department manpower requirements are as follows: Not to
exceed three Fire Marshalls.
8. That any matters not herein expressly provided for shall
' be in the discretion of the City Manager or his designated
representative.
9. That User has read the "Rules and Regulations for Use of
City of Miami Municipal Facilities" which are attached
to the "Application for Use of City of Miami Municipal
Facilities", that he or she fully understands said Rules
and Regulations, and that by the execution of this Agreement
he certifies that he will abide by each and every rule and
regulation set out therein without the need to have said
Rules and Regulations repeated in this Agreement.
10. The User shall indemnify and save harmless forever the
City, and all the City's officers, agents and employees
including all ppolice officers and -staffing as specified
in Paragraph 14 of this Agreement, from all charges or claims
resulting in any personal injury, loss of life, or damage
to property, from any act, omission or neglect, by himself
or his employees; the User shall become defendant in every
suit brought for any officials, agents and employees. The
User shall further indemnify City as to all costs, attorney's
fees, expenses and liabilities incurred in the defense of any
such claims and the investigation thereof.
11. The User agrees that there shall be n o discrimination as to
race, sex, color creed or national origin no connection with
any operation under this agreement.
THE CITY HEREBY COVENANTS AND AGREES:
12. To furnish at City's expense, except as may herein be other-
wise provided, electric power for ordinary use, water for
all reasonable purposes, and rest room supplies and nothing
else.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
13. That the following additional provisions shall be adhered to:
a. Necessary license to be secured from the Tax and License
Division, 65 S.W. 1 Street, Miami, Florida, if necessary.
b. Certificate of Use and Building Permit to be secured
through City of Miami Building Department, 275 N.E.
2nd Street, Miami, Florida, if necessary.
c. Insurance coverage is required, and is to be cleared
through the Office of the City of Miami Risk Management,
65 S.W. 1st Street, Miami, Florida. The policy must be
endorsed to name the City as an additional insured.and
the City is to be provided with certificate of same.
The Company must be acceptable to the City.
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84-68'7. .
3�4
11
is
d. All parking revenue belongs to the City, r
e. User agrees to pay for necessary personnel such as
electricians, custodians, nurses, fire marshalls,
office attendant, Marine patroltiekat boato, security
etc. Said personnel will be paid directly by User'.with-
a four (4) hour minimum at rates established by the
Stadium Administrator. The Stadiums Administrator will
provide the User with an estimate of said costs not le -se
than 72 hours prior to the start of the event.
f. The Stadium Administrator, after full discussion of the
'type of event with the User, will contact the City of
Miami Police Department for sufficient security prior
to, during and after the event. Police to be paid
directly by the User.
g. User agrees to pay two hundred fifty dollars ($250.00)
for a barge move each way.
h. User agrees to pay for cleaning contractor for cleanup
of facility after event has ended. The estimate for
cleaning is $350.00, based on attendance of 6,500.
i. User will install all staging and props, including
special lighting, etc., at own expense, same to be
approved by the Stadiums Administrator.
J. User agrees to include in all advertising for event
in the facility that bottles and cans cannot be brought
into the facility.
k. Ticket manifest is to be presented to the Stadium
Administrator at the time of the signing of the
contract.
1. The User shall furnish to the Stadiums Administrator
twenty five (25) tickets for promotional purposes for
other stadium events.
m. Box office manager, ticket sellers, takers and ushers are
responsibility of User.
n. User agrees to tear down immediately after event has
ended.
o. User shall secure proper Coast Guard approval of a marine
event which shall be in writing,.
P. A maximum attendance of 6,500 will be permitted for this
event.
q. Gates are to be opened at least 1h hour prior to show
time. All tickets and advertising shall indicate gate
opening time. The City reserves the right to open
gates or adjust gate opening time as it deems appro-
priate based on crowd control and conditions.
r. User agrees that he has no concession rights during the
duration of this Agreement.
s. User must provide the Stadium Administrator with a paid
receipt for each performance for all licensing fees due
each licensing agency whose music will be used; or
copies of a year -long "blanket" licensing contract with
each licensing agency whose music will be used. The
Artist/Promoter/User warrants that all copyrighted
material to be performed has been duly licensed or
authorized by the copyright owners or their representatives
and agrees to indemnify and hold City of Miami harmless
from any and all claims, losses, or expenses incurred
with regard thereto. User agrees to and accepts the
84-68T.
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5 ,•�jy'
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unequivoeabld right of the Stadiums Administrator to
Cancel an events prior to gate opening titre if said
proof ol-"'Cease is tot given to the Stadiums Administrator. z
14. Police requirements are as follows: A minimum off duty ,
staffing will consist of 0 commanding officer's, 1 super+.'
visor, 8_officers and D civilian personnel. Th'"�'`s
staffing"�'evel is estaSlished with the understanding
• that attendance for each performance is anticipated to
be 6,500 persons.
If in the opinion of the police commander, the User
of the stadium does not actively and conscientiously
suppress narcotics actively within the audience, he
may summon plain clothes officers in suffucient numbers
to effectively control the situation. The promoter will
assume the responsibility'of paying for the services of
these additional officers who may be on duty at their
normal hourly rate of off duty at time and one half pay.
If the additional officers are off duty, they will receive
a minimum of four hours compensation or the actual time
devoted to the problem including time spent completing
reports, booking prisoners, etc., whichever is greater.
15. All terms and conditions of this written Agreement shall
be binding upon the parties, their heirs and assigns,
and cannot be varied or waived by any oral representation
or promise of any agent or other person of the parties
hereto unless the same be in writing and mutually signed
by the duly authorized agent or agents executing this
Agreement.
16. That the parties intend that this document shall be a
License Agreement and that no leasehold interest is
conferred upon the User.
- 4 -
84-68T .
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ly
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i` �� 'ialaim
yY+�i.Oi . 4 above
^ _ iY 4G`a
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ISP. CITY of MAW, i
ty1 eY Cit Mana er
to
Attest:
witnesses:
s to serdual and
cote: If Use is itwo°Witnesses
not a corporation,
must sign.
APPROVED AS TO INSURANCE:
assurance Hager
G.F
SEAL
AppROVED AS TO FORM AND CORRECTNES
lty ttorney
84- 691# •--
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IN
S�URAtleg REi�UIREMLNT" 'Vol 140,
{
tlIT OF' tIAC.tITIE9
In urea
MR
Liabil y fi
. tnuat �,roide public it
facilities and 2g�000 Property e►a6 +.` k
„ City' Injury • , �.
tenants uaih00000tl Bodily ;t
ch lia►iCa of $ lrom their eur"
a of the followin8 Inathoda; Of Insurance
with a Certificate the city aa.
provide the City og the endoraet1ent naming
(1) Pr and• a COPY
yet .11olicY saver' =`
++Additional Insured" �.�.mita ap NpaO�.liaAliY j>=.
requ�•rad onal Insured'' and provide
o�,iaY wish th° ++Additi 1'
(2) PuvOlIx' • A P the City as
naming policy.
the event$ a Copy o£ the P which is °n file
i the City with,a policy be
Special EVents this policy mar
Obtain coverage through aFurther details on Managex'�
(3) of Miami. and/or
stadium
with the Ciom.'the auditorium Andf .I reed that
obtained fr it is understood and agreed
3 above' per eccurrance on Bodily
�►) With reference to $54�00 deductible p
s ons.or of the .claim' of
vent
( this poli:cy.ha9erty. Damaga► and that the P
n ury and Prop a ayment o£ the dainCconnection with this
I j for - the p Damage
will be • liable ur or Property
eicher.Dodily Inj y
- policy •
Ma 16 1984
Lend -A -Hand Fund, Inc..City
,of Miami facilities, by
sh t11a. required -insurance (ECKrONE o THESE SPACES)
di oau (1)�-(?)�'( �. ) ( G INFORMATION,
HE FOLLOWIN
3�-4 IS SBUCTED TILL IN CE POLICY
• l IN SURAN
Inc. +S SPECIAL EVENTS
Lend -A -Hand Fund , o f M i a m i
be named on the City
tue s t to .
clle date (s)• of
July 4, 14and 211984
summer Pop Concerts, Which includes $5.00 Adminis-,
Series of Suaun of $50_00 PER DIEM'
,e of
event, at a cost •
rive Cosc, ,
Miami M
CATION OF EVENT% a or Print
t By' 6 TITLE (;P ease tyP
• NAM E
eeti
Aduress-
54--613T
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x ti rye r t" "� �"G��v�G-r •8�.'{ "'� ^�• " ,`' '`�a � �� �• —
,'3t
14 1
t
LAIiC.
7�
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desir,es to ea�te�c �intO an
a�x
eeme��t with the . , i em r
Otis e o iMJCAMi�►�
f
andC .
I•tAND FUND, I)
t, F Dia�ecto1, s of LEND-A-
E V411EREAS , the 'board o..
-t ; cony
Ita9 examined terms,
di ions and obligations
ati:ons of t1le proposed conts.`aei: with
' of Miami for use o 141AMI MARINE STADIUM
_t y ; and
WI EREAS , • th e o
boardofD:ia-ectors at a duly held corporate
ith the
meeting has considered -thematter in accordance w• g
By -Laws og the corporation!
x'c R1�50..TvrD DX THE, BOARD OF DzIZJ cTpRs
NOW, THEREPORE. r BB,
' r•
Or . LEND -A -HAND FUND, INC.
.e.l:Ek r are he:rehy authoxi.zed and
that.the president and sect
- into a c�n�.r.act i n the 'name •09 and on be
Wall
:i.nstructed to en•Le . x'
this corporation wi.t11 '•L•ht 'City o:p t,,ai;ami i'o,r use o'�
o f
MIAMI MARINE STADIUM
:gin accordance" w:i.th lh e conj:a,act: clocuments• %FurntSh.6d by. the CL'l';r
q;P, miamt, and Cox the 'prise aitcl ul?on
therms
and- payments co11-
•wined in the 'proposed conta:Ltct submitted by th.e' City of Ifi:amti.
th:i: sday' o J;
I N {r]T.TN R S S ti�IIE RC or. , _.�-.—.--
Cl11>,:flZPtAW , Board og Directors
84-6 7 / -
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TC. fit ! Miami
..
Orange Rotxl stadium
3rd Street
Miami, Florida 33125
�v
STATE OF FLORIDA )
COUNTY OF DADE )
I
'
TO WHOM IT MAY CONCERN:
This is to certify that
is authorized to sign contracts
on behalf of
Lend -A -Hand Fund, Inc.
a Florida, Non-profit Corporations with its principal place
of business at f Number.l Herald plaza, Miami, F1. 33.101
s
as its duly sworn (President - Vice -President - Secretary) and
is empowered to make and sign contracts and agreements binding
the aforementioned Corporation to any contracts and agreements
with the Offide 'of .Stadiums.
0
0
By: (SEAL)
*Wme - Title
SWORN TO AND SUBSCRIBED before me this
day of , 19_0
NOTARY PUBLIC
State of Florida at Large
My Commission Expires: