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HomeMy WebLinkAbout23550AGREEMENT INFORMATION AGREEMENT NUMBER 23550 NAME/TYPE OF AGREEMENT FEDERACION DE PELOTEROS CUBANOS EN EL EXILIO DESCRIPTION USE AGREEMENT/BOBBY MADURO MIAMI BASEBALL STADIUM/OLD TIMERS BASEBALL GAME EFFECTIVE DATE November 11, 1992 ATTESTED BY WALTER FOEMAN ATTESTED DATE 1/7/1993 DATE RECEIVED FROM ISSUING DEPT. 1/7/1993 NOTE 2355n DOCUMENT L06 FORM /CITY MANAGER'S OFFICE Hattie * f party(ies): ,Y. =T. `_emsft Document type: Purpose: Fedelcaci.on. de Pe totenoz Cabano s .en et ex iLto Ui e Agneement O.Jd TLmekz Bcusebate game Facility: Bobby Madcvco Miami Bays eba t Stadium Date(s) Sunday, "Decembers 13, 1992 Department: Con6enences, 'Conven ,i.ows g Pubt c Facil ts.e)s Contact person( questions) : M. de £a Bazti.de Tel , : - 7100 Contact person (del ivery) : M. de 2a Bazti.de Tel .: - 7100 EXPENSE/REVENUE $ ACCOUNT(s)/PROJECT(s) Authorized by Resolution No. (ATTACHED) OR APPROVED BY: Budget Director CIP Administrator Comm.Dev.Director (IF GENERAL FUNDS) (IF CIP FUNDS) (IF C.D. FUNDS) document(s) is(are) ready All City requirements have been met and the for execution Dep-t7)Director/Designee I it. DEPT. DIRECTOR ORDate /, ��n 1 ACM/Advisor iJ/ t� �'�►%�%j�'l(D t�re to t .gn' r. Date Rec.by Mgr's. Off.: Date signed by Mgr.: // / SL Attested by City Clerk: /-› 53 Returned to dept/office: ORIGINAL TO CITY CLERK: REV. 9/20/91 MIAMI BASEBALL STADIUM USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND FEDERACION DE PELOTEROS CUBANOS EN EL EXILIO THIS AGREEMENT made and entered into this / / day of A00646£TL 19 i-'a -, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and FEDERACION DE PELOTEROS CUBANOS EN EL EXILIO, a nonprofit corporation, with its office located at 1376 S.W. 4 St. Miami, F1 33135 telephone number (305) 599-2337, hereinafter referred to as the "USER." RECITAL: In consideration of the covenants and agreements hereinafter set forth, the CITY does hereby grant unto the USER the privilege the Bobby Maduro Miami Baseball Stadium, hereinafter referred to as the "FACILITY," the said FACILITY to be entered upon or into for the purpose of presenting a Cuban Old Timers baseball game, hereinafter referred to as the "EVENT," and for no other purpose whatsoever. 1. USE PERIOD: Said use for the EVENT shall be permitted for the period commencing at 1:00 p.m. on Sunday, December 13, 1992 and terminating at 5:00 p.m. on that same day, not including setup and dismantle times. The above hours of use shall hereinafter be ref.erred to as the "USE PERIOD." Set up and dismantle times, shall hereinafter be referred to as the "USE PERIOD." WHEN RETURNING FOR FURL REVIEW, PLEASE IDENTIFY AS 2. Use Fee: Pursuant to Resolution No. (id- — c�' / , adopted by the City Commission on Nw i2 �' 4� , the use` fee for the EVENT shall be waived. Said /iuse may be subject to any additional conditions imposed by the CITY. 3. Surcharge: Based upon an actual admission price, excluding taxes, USER shall levy and collect on behalf of the CITY, a ticket surcharge on each paid admission. The amount of the surcharge shall be based on the admission price as follows: Price of Admission $1.00 to $5.00 $5.01 to $15.00 $15.01 or Over Surcharge $0.50 $0.75 $1.00 USER shall record collection of the surcharge and shall list such revenue as a separate item in the statement of accounts for the EVENT. Ticket surcharge revenue shall be' paid upon demand, and/or assoon as possible after. the conclusion of the EVENT, in accordance with City Code provisions and the terms of this Agreement. 4. Payment for Additional Services: USER shall pay to 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 for the EVENT. 5. Damage Repair: USER shall pay to the CITY the reasonable cost of any repair, rehabilitation, damage correction, replacement or restoration; of the FACILITY, or to defray any other unusual but reasonable expense borne by the CITY as a consequence of presentation of the EVENT. 6. Demand for Payment: The 'CITY, through the DIRECTOR or designee, at its sole option and discretion, shall be entitled to demand full payment for any unpaid expenses incurred through USER's use of the FACILITY at the close of the EVENT. The DIRECTOR or designee shall be entitled to collect all such funds due the CITY and the CITY shall be paid prior to payment of any other bills or sums of money owed by the USER to other parties.. 7. Forfeit for Cancellation: 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 date and time contracted. 8. Audit Rights: a. CITY reserves the right to audit the records of USER at any time during the term of this Agreement and for a period of three years after the final payment is made under this Agreement. b. If so requested by CITY, USER shall submit to the Department of Conferences, Conventions, and Public Facilities an independent audit by a certified public accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the funds for said EVENT. Said audit shall be submitted to the department no later than sixty (60) days after receipt of CITY's request. c. At CITY's request, USER shall furnish a copy of its most recent Federal Income Tax return. 9. Gate Opening and Time of Performance: Gates are to be opened at least two hours prior to the start of the EVENT. All advertising shall indicate the gate opening time. The CITY reserves the right toopen gates or adjust gate opening time as it deems appropriate. 10. Prohibited Items: USER agrees to include in its. advertising that bottles and cans cannot be brought into the FACILITY. The CITY and USER will use their best efforts to ensure that no cans, bottles, glass containers, fireworks, weapons or other objects that may be used as missiles, are allowed in the FACILITY. 11. Condition of FACILITY: CITY represents and warrants that the FACILITY and its fixtures and furnishings will be clean, in good order and repair, and reasonably fit for the purpose for which they are to be used, in safe condition for the use intended, and will be free of defects which would prevent or impede the proper conduct of the EVENT. USER agrees to accept said FACILITY in an "as is" condition at the start of the USE PERIOD. 12. Utilities, Items Furnished by CITY: CITY agrees to furnish, at its expense, except as may be otherwise provided herein, light for ordinary use, water for all reasonable purposes, restroom supplies and nothing else. 13. Restriction for Playing Field: ,USER agrees to restrict all vehicles from the grass and playing field. Any exception to .this restriction may only be granted by the Grounds and Turf Manager for the FACILITY. 3 14. Facility Rules: USER acknowledges that ithas 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, USER certifies that it shall abide by each and every rule and regulation set'out therein without the need to have said Rules and Regulations repeated in this Agreement. 15. Authority: USER agrees that any matters not herein expressly provided for in this Agreement shall be provided at the discretion of the CITY Manager or his designated representative. 16. Right of Entry: The CITY reserves the right to enter upon the FACILITY at any time during the USE PERIOD as it deems necessary. 17. EVENT Staff and Supplies Furnished by USER: USER shall furnish, at its .sole cost and expense, ticket sellers, ticket takers, and ushers. USER shall consult with the DIRECTOR or designee to ensure that staffing levels for. such personnel are adequate to handle attending crowds. USER shall also furnish,, at its sole cost and expense, all game officials and gamefield personnel, and supplies and consumable goods for the sidelines areas, locker rooms, game officials' room, including without limitation, ice, soft drinks, towels and soap. 18.. EVENT Personnel: If EVENT personnel staffing is required by the USER, the DIRECTOR or designee will provide USER with a list of event personnel familiar with the FACILITY, including without limitation, EVENT Supervisor, office attendants, facility operations workers, 'electricians, sound technicians, groundskeepers and others necessary for the proper operation of the, EVENT. Upon request, USER shall be furnished with the estimated, hours of work and total personnel cost. USER agrees to pay said event personnel and shall be responsible for keeping proper employee records and the issuance of W-2 and 1099 statements for tax purposes., in accordance with federal, state, and/or local laws. 19. Union Requirements: USER shall ensure compliance with all necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of the EVENT. The CITY shall use its best effort to inform USER o,f the terms of any trade °or employee union agreement, written or 'oral, affecting all- relevant personnel or services used in connection with the EVENT and shall assist USER in complying with such agreements. 20. Placement and Removal of USER Effects: USER will be responsible to install whatever lighting, staging, props and/or structures are required for the conduct of the EVENT at USER's sole cost and expense. The CITY reserves the right to remove from the premises all USER effects remaining in or on the grounds of the FACILITY after the end of the USE PERIOD at the expense of the USER, or the CITY may charge storage, for each day that said effects remain in or on the grounds of the FACILITY after the end of the USE PERIOD. 21. Fire Safety: USER shall providea diagram of the proposed EVENT layout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, F1, and obtain permits required by the Code of the CITY of Miami,relative to fire safety. 22. Indemnification: The USER shall indemnify and save harmless forever the CITY, and all the CITY's agents, officers and 'employees from and against all charges or claims resulting from any bodily injury,- loss of life, or damage to property, from any act, omission or neglect, by itself or its employees; the USER shall become defendant in every suit brought for any of such causes of action against the CITY or the CITY's 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. 23. Risk of Loss: The CITY shall not be liable for any loss, bodily injury or damage to any personal property or equipment of the USER, or anyone. whomsoever, during any times the FACILITY is under the control of and occupied by the USER. All personal property placed or moved in the FACILITY shall be at the risk of USER or the owner thereof. Furthermore, it is the responsibility of. the USER to provide security.whenever personal property either owned or used by the USER or its licensees is placed in the FACILITY during the USE PERIOD; including setup and dismantle times and, in particular, during those hours of the USE PERIOD when the FACILITY is not open to the general. public. 5 24. Insurance: Liability Insurance i.s required of USER and is to be cleared through the office of the CITY's risk Management Division, Insurance Coordinator, 174 E. Flagler Street, Miami, Florida, 33131, telephone 579-6058. The insurance policy must be endorsed to name the CITY as an additional insured: No qualification of the additional insured provision is permitted. The limits and types of liability coverage, and the company affording coverage must be acceptable to the CITY in terms of Management Classification and Financial Category ratings as stipulated by the latest issue of Best's Key Rating Code. The City is to be provided with a copy of such insurance policies and a certificate of same. 25. Clean-up and Dismantle: a. USER agrees to clean up the FACILITY after each EVENT day has ended. If the FACILITY is not properly cleaned, the CITY has the right to order the cleaning of the site and charge the USER for the cleaning. b. USER agrees to tear down and remove all USER effects immediately after the last EVENT day has ended, and shall be completed within twenty-four (24) hours. c. USER is responsible for daily cleanliness of area and for regular trash and garbage removal from the general areas of the FACILITY to the site(s) designatedforUSER's trash containers. CITY agrees to provide trash containers on site during the USE PERIOD. 26. Security: Security •and Police requirements shall be determined by the DIRECTOR or designee upon consultation with the USER and with the CITY's Police Off -Duty Office, if required. Security and/or Police shall be paid directly be USER.. 27. Concession Rights: It is understood that concession rights. for all events at the FACILITY belong to the CITY. 28. Binding Agreement: All terms and conditions of this written Agreement shall be binding upon the parties, heirs and assigns, and cannot be varied or waived by any oral representationor promise of any agent of the parties hereto or other person unless the same be in writing and mutually signed by the duly authorized agent or agents executing this Agreement. 29. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 30. Court Costs and Attorneys' Fees: If it becomes necessary for the CITY to institute proceedings to,collect any monies due it by USER, USER agrees to pay any and all court costs, reasonable attorney's fees and other expenses incurred in the collection thereof. USER agrees that venue in any litigation and/or.arbitration arising from this Agreement shall be located within Dade County, Florida. 31. Nondiscrimination: USER agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this agreement. 32. Nonassignment: This Agreement may not be transferred or assigned by the USER without the express written consent of the CITY. 33. Default Provision: In the event that USER shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to USER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid by USER while in default of the provisions herein contained, shall be forthwith retained by CITY. 34. Assurances: Each party represents to the other that it has the power to'enter into this Agreement and to grant and accept the license herein granted and accepted, as the case may be, and that the consent of no other person or entity (governmental or otherwise) is required in connection therewith, except as otherwise provided in this Agreement and that this Agreement constitutes a valid and binding obligation of such party, enforceable against such party in accordance with the terms hereof. 35. Entire Agreement: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the use of the FACILITY and correctly sets forth the rights, duties, and obligations to each other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 36. Amendments: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day.and year first above written. - 7 - �_. ATTEST: A4.Matty ATTEST: City Clerk )ikr orate Secretary Y 7 CITY: THE CITY OF MIAMI, a municipal corporation of the Ste of Florida: Cesar H. Odio, City Manager USER: FEDERACION DE PELOTEROS CUBANOS EN EL EXILIO Florida nonprofit corporation (signature) (print name) (title) APP'e ED AS TO INS•" CE: APPROVED AS TO FORM AND CORRECTNESS: Sujan S.`Chhabra, Director• Risk Management Department A/ Q%inn J• -s, Iif City Atto1 r ey APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pa are , Director Department of Conferences,. Conventions and Public Facilities a3 550 8._