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Home My WebLink AboutR-83-0110rr {i J-83-93 r r f ,, RESOLUTION NO.�=g1Q A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO (2) YEAR AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, WITH DRUM CORPS. INTERNATIONAL, INC. FOR THE USE OF THE ORANGE BOWL STADIUM IN THE YEARS 1983 AND 1984 FOR THE PURPOSE OF STAGING THE ANNUAL WORLD COMPETITION MARCHING EVENT. WHEREAS, the Drum Corps International marching units will draw thousands of both participants and spectators to the City of Miami and therefore has significant impact on the economy of the City; and WHEREAS, the City owns and operates the Miami Orange Bowl Memorial Stadium, commonly known as the Orange Bowl Stadium, which is a desirable location for the presentation of the Drum Corps International World Competition; and WHEREAS, the Drum Corps has for many years staged the Annual World Competition in major stadiums in the United States and Canada, and desires to use the Orange Bowl for the staging of its World Competition; and WHEREAS, the City and Drum Corps International are mutually desirous of entering into a multi -year agreement for the staging of the Annual Drum Corps International World Competition at the Orange Bowl Stadium; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a two (2) year agreement, substantially in the form attached, with Drum Corps International, Inc. for the use of the Orange Bowl Stadium by said Drum Corps for the purpose of staging the Annual World Competition Marching Event in accordance with the terms and conditions set forth therein. CITY COMMISSION MEETING OF GFSOLLMON NO•C50-1.10 ............... ».... SEMI,RKS:........................... . PASSED AND ADOPTED this loth clay of February _ 1983. ATTEST: R PH G ONGIE, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY Maurice A. Ferre MAURICE A. FERRE M A Y O R 7 APP OVED AS TO FORM AND CORRECTNESS: r � Awa I 4 SE R. GARCIA-PEDROSA ITY ATTORNEY -2- ' AGREEMENT THIS AGREEMENT, made and entered into this day of , 1982, by and between the CITY OF MIAMI, a Municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "CITY") and the DRUM CORPS INTERNATIONAL, INC., a corpora- tion in the State of Wisconsin, with its principal office located at 719 South Main Street, P.O. Box 413, Lombard, Illinois 60148, telephone 312-495-98660, (hereinafter referred to as the "DRUM CORPS"). W I T N E S S E T H: WHEREAS, the Drum Corps International marching units draws thousands of both participants and spectators to the City of Miami and therefore has significant impact on the economy of the CITY; and VIHEREAS, the CITY owns and operates the Miami Orange Bowl Memorial Stadium, commonly known as the Orange Bowl Stadium, which is a desirable location for the presentation of the Drum Corps International World Competition; and WHEREAS, the DRUM CORPS has for many years staged its annual World Competition in major stadiums in the United States and Canada, and desires to use the Orange Bowl for the staging of this World Competition; and WHEREAS, the CITY and Drum Corps International are mutually desirous of entering into a multi -year agreement for the staging of the annual Drum Corps International World Competition at the Orange Bowl Stadium; NOW, THEREFORE, in consideration of the premises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: CITY HEREBY AGREES: 1. To allow the DRUM CORPS the use of the Orange Bowl Stadium on August 15, 16, 17, 18, 19 and 20, 1983, with an 83—I10 t Y�1 1 ^r/ Option to use the Orange Bowl Stadium under this Agreement August 13, 14, 15, 16, 17 and 18, 1984 for the purpose of staging its annual Drum Corps International World Competi- tion at the Orange Bowl Stadium. The DRUM CORPS shall give notice, in writing, to the CITY at least ninety (90) days after the completion of its 1983 Drum Corps International World Competition covered by this Agreement, of its desire to stage the following year's International World Competi- tion in the Orange Bowl. The notice by the DRUM CORPS to the CITY shall include the dates requested. 2. That the DRUM CORPS may present the annual Inter- national World Competition at the Orange Bowl Stadium during the term of this contract on dates which do not conflict with the National Football League Orange Bowl football schedule in the month of August. Final determination of the date for presentation of the event shall be subject to approval of the CITY, which approval shall not be unreason- ably withheld. 3. That, in the event that the International World Competition is designated for telecast from the Orange Bowl Stadium, the CITY agrees that it has no rights, or addi- tional use fees resulting from such telecast and that said telecast is the sole property of the DRUM CORPS. 4. That it shall furnish, at its expense, all water and electrical power necessary for the use and operation of the Orange Bowl Stadium by the DRUM CORPS pursuant to the terms of this Agreement. 5. That the participants will be permitted reasonable use to the Orange Bowl Stadium for practice sessions prior to the International World Competition. 6. That, in the event that through any cause, the participants to the International World Competition shall fail to appear, or be prevented from appearing, then the 63-110 1 2 s 0 0 DRUM CORPS shall have the option of cancelling the Inter- national World Competition without rental penalty being assessed by the CITY. The DRUM CORPS shall be responsible for any actual expense incurred by the CITY in preparation for the International World Competition which is subse- quently cancelled. DRUM CORPS HEREBY AGREES: 7. That it will utilize the Orange Bowl Stadium, owned and operated by the CITY, for one International World Competition annually for a period of two (2) years beginning with the scheduled August 1983, dates and for August 1984 as requested by formal notice. 8. That it will pay the CITY for the use of said Stadium for said event a flat amount use fee of Ten Thousand Dollars ($10,000.00) for said event by the DRUM CORPS. 9. That the flat amount use fee payable hereunder shall be the sole consideration payable by the DRUM CORPS for its use of the Stadium under this Agreement, with the exception however, as set out herein of expenses reasonably incurred by the CITY for personnel necessary to afford the DRUM CORPS use of the Stadium on the days on which the DRUM CORPS events occur. IT IS HEREBY MUTUALLY AGREED: 10. That the CITY shall make available the press box facilities and the home and visitors dressing rooms which from time to time may be required by the DRUM CORPS. 11. That the DRUM CORPS shall furnish, at its expense, the following personnel as required to stage its event: Ticket Takers, Ticket Sellers, Ushers The DRUM CORPS shall provide all of the aforemen- tioned personnel in sufficient numbers as necessary during the staging of the games authorized by this Agreement, and whose functions will be to handle seat- 3 DRUM CORPS shall have the option of cancelling the Inter- national World Competition without rental penalty being assessed by the CITY. The DRUM CORPS shall be responsible for any actual expense incurred by the CITY in preparation for the International World Competition which is subse- quently cancelled. DRUM CORPS HEREBY AGREES: 7. That it will utilize the Orange Bowl Stadium, owned and operated by the CITY, for one International World Competition annually for a period of two (2) years beginning with the scheduled August 1983, dates and for August 1984 as requested by formal notice. 8. That it will pay the CITY for the use of said Stadium for said event a flat amount use fee of Ten Thousand Dollars ($10,000.00) for said event by the DRUM CORPS. 9. That the flat amount use fee payable hereunder shall be the sole consideration payable by the DRUM CORPS for its use of the Stadium under this Agreement, with the exception however, as set out herein of expenses reasonably incurred by the CITY for personnel necessary to afford the DRUM CORPS use of the Stadium on the days on which the DRUM CORPS events occur. IT IS HEREBY MUTUALLY AGREED: 10. That the CITY shall make available the press box facilities and the home and visitors dressing rooms which from time to time may be required by the DRUM CORPS. 11. That the DRUM CORPS shall furnish, at its expense, the following personnel as required to stage its event: Ticket Takers, Ticket Sellers, Ushers The DRUM CORPS shall provide all of the aforemen- tioned personnel in sufficient numbers as necessary during the staging of the games authorized by this Agreement, and whose functions will be to handle seat- 0 ing and normal crowd control. The DRUM CORPS will have exclusive use of ticket office space as assigned by the Stadium Manager for administration of sales and personnel from 9:00 A.M. to 11:00 P.M. on each day of the event. 12. That the DRUM CORPS shall [in addition to the use fee of Ten Thousand Dollars ($10,000.00)) pay to the CITY $13,400 for staffing and services necessary to cover each of the six days which comprises the Drum Corps International World Competition event. Said staffing and services furnished by the CITY for the above mentioned fee are as follows: A. Police and Security Personnel B. Rest Room Attendants C. Scoreboard Operator D. Office Attendant E. Electricians F. Sound Technicians G. Elevator Operator H. Groundskeeper I. Event Supervisor J. Nurse K. Stadium Manager or Assistant L. Stadium Cleaning M. Field Lights N. Ordinary Electric, Water and Sewer 13. •That no liability shall be incurred by either of the parties hereto should the Orange Bowl Stadium, during the term of this Agreement, be condemned, become unfit for the International World Competition to be staged therein because of any Act of God or public enemy, or is closed to the public by the CITY or through government action, during any year that the event is to be staged. That, in the event 83--110 4 i the Orange Bowl Stadium is condemned or is too damaged due to fire, windstorm, or other catastrophe, and the CITY decides not to repair or rebuild, either party may cancel, terminate, and declare this Agreement null and void. 14. That, in the event that the CITY or its assigns or successors in interest at some point of time in the future makes the decision to build a new stadium and to abandon the use of the present Orange Bowl Stadium for major events, then and in that event, the CITY or its assigns or succes- sors will have the option of cancelling this Agreement upon one year's written notice to the DRUM CORPS. 15. That the CITY will control all concession rights at all events staged within the Orange Bowl and its grounds. DRUM CORPS will retain the right to sell programs and novel- ties unique to the individual participants in the Interna- tional World Competition, upon the approval of the Conces- sionaire and the CITY. 16. That the Concessionaire's employees, necessary to perform the Concessionaire's obligation under its contract with the CITY, shall be admitted free of charge during the staging of these events. 17. That authorized CITY employees shall have the right of ingress and egress to the Orange Bowl at any time, except that during DRUM CORPS events held pursuant hereto, only those employees who are actually performing services at that time and who have assignment identification shall be admitted to the Orange Bowl without payment of regular admission charges, and public officials not actually per- forming services shall not be admitted without admission tickets. A list of such working personnel shall be supplied to the DRUM CORPS two hours before event. 18. That the DRUM CORPS agrees to assume all risk of loss, injury or damage of any kind or nature whatsoever to 83--JL10 5 l r, any personal property or equipment of the DRUM CORPS or groups participating in the International World Competition, except such losses as may be directly attributable to the CITY through its agents, servants or employees. 19. That the DRUM CORPS shall obtain at its sole cost and expense public liability insurance in the amounts of not less than $200,000 for each occurrence and $100,000 per person for judgments entered against DRUM CORPS and the CITY shall be one of the named insureds in said policy. The policy of insurance shall provide that the CITY be given at least thirty (30) days advance written notice of cancella- tion of said policy. A certificate of insurance shall be provided to the CITY prior to the execution of this Agree- ment. The insurance coverage required herein shall be reviewed and approved by the CITY's Assistant Director of the Division of Risk Management of the Finance Department. 20. That the DRUM CORPS shall make no additions, partitions, improvements or alterations of a permanent nature to the physical structure of the Orange Bowl Stadium or any part thereof without first having obtained the written consent of the CITY. All requests shall be in writing and shall include plans and specifications pertain- ing thereto. All alterations, improvements, additions or partitions made or installed by the DRUM CORPS shall become either the property of the CITY or the space will be returned to its original state at the option of the DRUM CORPS upon the expiration of this Agreement. All such alterations, improvements, additions or partitions as set forth herein shall be made at the DRUM CORP's sole cost and expense. 21. That the DRUM CORPS agrees that the stadium area within the lower level or "old" press box structure desig- nated by the CITY as CITY V.T.P. box shall henceforth be 83-110 6 specifically excluded from use by the DRUM CORPS, and shall be reserved for exclusive use by CITY officials and their guests for viewing of the DRUM CORPS' events. The DRUM CORPS shall provide event tickets for the V.I.P. box in a maximum number of ten (10) per event, to be donated to the CITY from the DRUM CORPS upon notice from the Orange Bowl Stadium Manager of the CITY's desire to utilize the said box. 22. DRUM CORPS shall indemnify and save harmless CITY, its agents, officials and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable architects and attorneys' fees, which may be imposed upon or incurred by or asserted against CITY (its agents, officials and employees) by reason of any of the following occurrences during the term of this Agreement: (a) Any work or thing done in, on or about the demised premises or any part thereof by DRUM CORPS or any party other than CITY; (b) Any use, nonuse, possession, occupation, condi- tion, operation, maintenance, or management of the demised premises or any part thereof of any alley, sidewalk, curb, passageway, or space adjacent thereto; (c) Any negligence on the part of DRUM CORPS or any of its agents, contractors, servants, employees, sub- tenants, licensees or invitees; (d) Any accident, injury, or damage to any person or property occurring in, on or about the demised premises or any part thereof, or any alley, side- walk, curb, passageway, or space adjacent thereto; or (e) Any failure on the part of DRUM CORPS to perform 83-110 I or comply with any of the covenants, agreements, terms provisions, conditions, or limitations contained in this lease on its part to be per- formed or complied with. In case any action or proceeding is brought against CITY (its agents, officials and employees) by reason of any such claim, DRUM CORPS upon written notice from CITY shall at DRUM CORPS' expense resist or defend such action or pro- ceeding by counsel approved by CITY (its agents, officials and employees) in writing. 23. That it is understood and agreed between the parties hereto that written notice by registered or certi- fied mail or delivered to: DRUM CORPS INTERNATIONAL 719 South Main Street P.O. Box 413 Lombard, Illinois 60148 shall constitute sufficient notice to the DRUM CORPS, and written notice mailed by registered or certified mail or delivered to: CITY MANAGER City of Miami City Hall. Dinner Key Miami, Florida 33133 shall constitute sufficient notice to the CITY to comply with the terms of this Agreement, except as either notify the other party of a change of address by registered or certified mail. 24. That the captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this Agreement or the intent of any provision thereof. 25. That this Agreement shall be binding upon the CITY and the DRUM CORPS, their successors and assigns, and they shall abide by each of the terms and conditions hereof and shall be interpreted according to the laws of the State of H il Florida. IN WITNESS WHEREOF, the CITY has caused these presents to be executed in duplicate in its name, signed by its City Manager and attested by its City Clerk, and has caused its corporate seal to be hereto affixed, and the DRUM CORPS has caused these presents to be executed in duplicate in its name, signed by its President, attested by its Secretary and has caused its corporate seal to be hereto affixed. ATTEST: RALPH G. ONGIE City Clerk ATTEST: Corporate Secretary REVIEWED BY: JOHN J. COPELAN, JR. Assistant City Attorney CITY OF MIAMI, a municipal corporation of the State of Florida By HOWARD V. GARY City Manager DRUM CORPS INTERNATIONAL By Executive Director APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCI, City Attorney JJC/wpc/2-K 83 -110 0 A F F I D A V I T TO: City of Miami Orange Bowl Stadium 1501 N.W. 3rd Street Miami, Florida 33125 STATE OF FLORIDA ) )S.S. COUNTY OF DATE ) TO WHOM IT MAY CONCERN: This is to certify that ac Donald Pesceone is authorized to sign contracts on be- half of Drum Corps International , a Wisconsin Corporation, with its principal place of business at 719 South Main Street, P. 0. Box 413 Lombard, Illinois as its duly sworn (Executive Director) and is empowered to make and sign contracts and agreements binding the aforementioned Corporation to any contracts and agreements with the Office of Stadiums. By: (SEAL) Gai 1 R. Royer - Chai n SWORN TO AND SUBSCRIBED before me this day of Dec eml"r , 1grz-. ftAtb'07" q&4r, 8,3-110 C # 0 CITY OF MIAMI, FLORIDA 41 INTEROFFICE MEMORANDUM TO Howard V. Gary City Manager FROM Cesar Odio Assistant City Manager DATE January 4, 1983 SUBJECT: Proposed Resolution the City Manager to Agreement with Drum International, Inc. REFERENCES: FILE: Authorizing Execute Corps ENCLOSURES Draft Resolution and attached contract The Office of Stadiums recommends the adoption of a resolution autho- rizing the City Manager to enter into a two (2) year agreement with Drum Corps International, Inc., for the purpose of staging the Annual World Competition marching event in the Orange Bowl Stadium. The Drum Corps tradition in America dates from drum units of the American Revolution, through the early 1900s, to the modern drum and bugle evolved into the most disciplined and precise musical pageantry in existence. Although all Corps International are under 21 years of age, marching excellence is unmatched in any other sport. Perfection is the name of the game. m the military fife and the bugle bands of corps. The latter has audiovisual display of performers in Drum their musical and youth performing art or For Miami, two consecutive years the Drum Corps International will bring some 12,500 youngsters from throughout this nation to the Orange Bowl for their annual World Competition marching event. In addition to bringing thousands of youngsters to Miami, an estimated 25,000 or more parents and boosters will be here for the weeklong competition. We are looking forward to more than 40,000 tourist - visitors for a full eek in two normally o rum" months. The Office of Stadiums anticipates that it will net $50,000, after expenses, annually rom this event as follows: $10,000 Rent 30,000 Concessions 10,000 Parking $50,000 Total The Office of Stadiums recommends the approval of this Agreement between the City and Drum Corps International, Inc. cc: Law Dept. 8u-110