Loading...
HomeMy WebLinkAboutLegislation FR/SRSecond Readir�r Ordinance City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01371A Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/USE REGULATIONS," MORE PARTICULARLY BE CREATING A NEW SECTION ENTITLED "NAMING RIGHTS," TO ESTABLISH UNIFORM CITY OF MIAMI ("CITY") POLICIES FOR THE DESIGNATION AND NAMING OF CERTAIN BUILDINGS IN CITY OF MIAMI PARKS WITHIN THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, governments throughout the United States have been successful in raising revenue and in -kind services from the private sector in exchange for granting exclusive naming rights of government property to private entities; and WHEREAS, while the City Commission of the City of Miami ("City")has expressed its desire to offer naming rights for sale within the City, no formal policies have yet been promulgated; and WHEREAS, it is the desire of the City Commission to both stimulate consideration of the sale of naming rights for certain City facilities within parks and to establish a set of uniform policy guidelines for the sale of such rights; and WHEREAS, the revenue generated from naming rights can be used to enhance programs and services within the parks where the facilities are located without displacing usual funds budgeted for the parks' purposes; NOW, THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 38 of the Code of the City of Miami, Florida, as amended, entitled, "Parks and Recreation," is amended in the following particulars:{1} "CHAPTER 38 PARKS AND RECREATION ARTICLE II. USE REGULATIONS City of Miami Page 1 of 3 Printed On: 3/31/2008 File Number: 07-01371A Sec. 38-67. Naming Rights. The naming rights policy contained in this Section is established to provide guidance in approving naming rights for City owned facilities in parks within the City. Definitions relevant to this section: 1. "Honorary naming rights" shall mean the naming of City property to honor the service, commitment, or other type of participation by an individual, or civic or charitable group. 2. "Naming rights" shall mean a mutually beneficial business arrangement between the City and an external entity (individual, for -profit, or not -for -profit organization), where the external entity provides goods, services, or financial support to the City in return for the public display of the external entity's name on City property. 3. "City property" shall mean a City owned or controlled public facility such as buildings or features such as a pool, meeting space, gymnasium or the like. A Naming rights plan shall be established to review a process, either by a standing committee the composition shall be identified in the plan) or by department emplovee(s), and shall be approved by the City Manager before implementation of the plan, and specific grants of naming rights under the terms of this section shall be accomplished by naming rights resolution of City Commission made in consideration of the review committee's recommendations. The review committee established in the plan shall consider compliance with an established naming rights policy; whether the donation is from a potentially controversial source {e.q. tobacco, alcohol, etc.); appropriate signage; compliance with the required approval process for accepting donations; whether a donor contract is appropriate, and if so, the terms of the contract; citizen input; and any other relevant factors. The Director of Parks shall solicit a "Request for Sponsorship (RFS)" using an open and competitive process for third parties to express their interest in participating in naming rights opportunities with the City. Requests for sponsorship should include a summary of the sponsorship opportunity, the facility to be named, benefits for participation, and a description of the open and competitive procedure for expressing interest in participating in sponsorship opportunities. A "Naming Rights Agreement" which shall be a contract evidencing the right to name or re -name City -owned facilities, shall be entered into which contains terms acceptable to the City and approved by the City Commission. Indemnification and termination clauses are required as part of the agreement. All such agreements are to be reviewed by the City Attorney prior to finalization. Dates indicating the term of the agreement should be indicated but shall be for five year increments with an option to continue for an additional five years at the discretion of the City. A. In general, the following industries and products are not eligible for sponsorships with the City: police -regulated businesses; faith -based and political organizations; companies whose business is substantially derived from the sale of alcohol, tobacco, firearms or adult use. Applications by sponsors City of Miami Page 2 of 3 Printed On: 3/31/2008 File Number- 07-01371A that fall into one of the above -stated categories shall be subject to review and approval by the City. B. The City shall reiect sponsorship that does not comply with the standards set forth in this policy. All full advertising graphic designs must be submitted in sufficient detail to determine content, size, and final general appearance. C. Solicitation and negotiation of sponsorships will be conducted by the Directors of Parks and Purchasing, who shall be responsible for ensuring that staff understand the requirements of this policy and that they are provided with appropriate guidance and training related to sponsorship practices. D. All funds generated by naming rights agreements shall be allocated to programs in parks where the facilities are located. No reduction in budgetary funding levels shall occur because of revenues generated by Naming Rights Agreements. E. Naming Rights Agreements shall not be solicited for any City property that the City Commission has determined to be appropriate for Honorary Naming Rights. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of the Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provision may be renumbered or relettered to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 Printed On: 3/31/2008