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97-034 RESOLUTION NO. 97-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR CONDUCTING SPECIAL EVENTS WITHIN THE CITY; ESTABLISHING AN APPLICATION PROCESS; ESTABLISHING CRITERIA FOR APPROVING SPECIAL EVENTS HELD WITHIN THE CITY AS CONTAINED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SPECIAL EVENT AGREEMENTS ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Aventura, Florida, recognizes the need for establishing procedures for conducting special events within the City; and WHEREAS, in order to provide for the orderly process of Special Event Applications, staff has developed the Special Events Application and Manual as contained in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the City Council, upon the recommendation of the City Manager, is therefore desirous of adopting the Special Events Application and Manual as set forth in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Section 1: The City Council hereby adopts the Special Events Application and Manual as set forth in Exhibit "A" attached hereto and made a part hereof. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, the Special Event Agreement as contained in Exhibit "A" attached hereto and made a part hereof embodying the terms, conditions, specifications as set forth in Resolution No. 97-34 Page 2 the subject Agreement. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 4: This Resolution shall be effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Perlow , who moved its adoption. The motion was seconded by Councilmember Ro~ers- and upon being Libert put to a vote, the vote was as follows: Councilmember Arthur Berger absent Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 20th day of Ma~ 1~9~,~.~ ~ A~TH~JR I. S~YDER, MAYOR TERESA I~. SMITH, CMC CI~ CLERK APPROVED AS TO LEGAL SUFFICIENCY: CI~ ATTORNEY COMMUNITY SER VICES DEPARTMENT SPECIAL EVENTS MANUAL 1 CITY OF AVENTURA Community Services Department Special Events Application and Manual Thank you for your interest in holding a special event within the City of Aventura. The City of Aventura recognizes the value special events have to organizations. Fund-raising and conununity relations are just two of the benefits gained when conducting a special event. Visitors and residents alike are extremely responsive to special events held in Aventura. While the City of Aventura supports organizations conducting events within its boundaries, we feel that these events should not unduly tax the community. The costs of an event to the City must be paid by the sponsoring organization. City staffwill assist in every way possible to ensure that costs are kept to a minimum. It is the purpose of this manual to assist organizations in completing the event application process and to provide some suggestions on how to ensure your event will be successful. If you wish to contact the Community Services Department for assistance at any time during the development of the event, please feel free to do so at: (305) 466- 8930. It is our wish to help you to provide a safe, healthy and fun event to the public, and that your event is a successful one. I. APPROVAL PROCESS Below are the steps in which your application will be processed fur submittal to the City o£ Aventura Community Services Department. A. All applications are available at the City o£ Aventura Community Services Department Office. Applications may be submitted to the Community Services Department, or mailed to~ City o£ Aventura Government Center Community Semites Dept. 2999 N.E. 191 St. Suite #500 Aventura, FL. 33180 ATT: Special Events The deadline for applications is forty five (45) days prior to the event. The application should be accompanied by a thirty dollar non-refundable application fee payable to the City of Aventura by cashier's check. B. Please answer all questions on the attached application. C. All applications are forwarded to the Community Services Director for approval. Should the application be denied by the Community Services Director, you will be given the opportunity to appeal the denial by appearing before the City Manager. D. All approved applications are then forwarded to the City Manager to prepare an initial event contract between the City and the applicant. Attached in this manual is a sample of a standard event contract (your contract may vary due to the requirements of the event). While there are many important clauses in the contract, the two that cause the most concern are: 1) the Event Agreement/Hold Harmless; 2) the liability insurance requirements E. The City retains the right to modify and/or to terminate any event which endangers the health, safety and welfare of the public. F. The application will then be scheduled for approval by the City Manager. G. Upon approval by the City Manager, you will be notified by staffto attend a planning meeting with representatives from the: Police, Community Services and Community Development Departments. The purpose of this meeting is to help coordinate your event, offer advice on the best way to conduct it and determine any necessary fees. All fees are due at least 20 days prior to the event or as directed by the Community Services Department. H. At the event, the Community Services Department may assign a member to review the event, primarily for any safety and sanitary concerns. I. Ail organizations must resubmit their application annually~ No application will be considered unless the prior year's event bills are paid in full. Ail applicants must correct any deficiencies addressed in their event review the prior year. H. EVENT CONSIDERATIONS A. Site attendance Capacity-Events must not exceed department guidelines for crowd capacity at an event. These standards include the number of people per area and parking requests. Crowd capacity guidelines are based upon the standards established by the Police Department. B. Maintenance and Security- Ail organizations must submit maintenance and security plans in their event applications. The Community Services Department reserves the right to require event organizers to provide additional resources in these areas and a trash bond, if necessary. If the event site is left in good condition, the bond will be refunded. C. Road Closings- All requests for road closings must be approved by the City Manager. Applicants must submit a detailed map and the exact times required for the closing with the application. Prior to submitting the application to the City Manager for approval, the Community Services Department will obtain Police Department review and approval of the proposed road closing. D. Carnival Rides- Carnival Rides and other amusements are not permitted unless sponsored by the City as a City event. E. Noise Ordinance- Organizations which plan to host special events where noise levels are expected to exceed the levels established in the City's Noise Ordinance must also submit an Application For Special Event Permit. This application shall be submitted a minimum often days prior to an event. The prohibitions or hour restrictions contained herein may be modified subject to such conditions as the City Manager may impose. The decision of the City Manager shall be final and not subject to appeal, except as provided by law. F. Event Review- City staff will provide on-site review and evaluation of the major events conducted in Aventura. The review will focus on safety and health concerns. Should the review committee determine improvement needs to be made in any area, approval of the organization's event application the following year will be withheld until the appropriate concerns are corrected. G. Country Club Drive Exercise Trail- All events held at this facility will be subject to review based upon the impact of its availability to the residents. H. Notice Requirements- Sufficient public notice shall be given by applicant for all events to be held at any City park. III. FEE STRUCTURE Four applicant categories have been established as guidelines for establishing fees. Your fees may be determined by the category in which your application is placed. The applicant categories are described below. This structure has been established as a guideline for services provided by the City: A. Aventura Based Non-Profit or Charitable Organization without Paid Staff: Profit or benefit stays within the City. Fees are assessed to reimburse City for actual direct costs. City Manager may waive this fee. B. Aventura Based Non-Profit or Charitable Organization with Paid Staff: Profit or benefit from the event stays within the within the City. Fees are assessed to reimburse City for actual direct costs. C. Non-Profit or Charity Organization: Profit or benefit from the event is not restricted to the corporate limits of the City: Fee assessed to reimburse City for actual direct costs plus up to fifteen percent (15%) for indirect costs as determined by City Manager. D For Profit Organizations: Profit or benefit from the event is not limited to corporate limits of the City. Same as (C) except indirect cost may be assessed up to twenty five percent (25%). CITY OF AVENTURA EVENT AGREEMENT This is an Agreement, entered into on between: THE CITY OF AVENTURA, a municipal corporation of the State of Florida, referred to as "City", and referred to as "Applicant". In consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1) PERMISSION TO USE: Applicant shall be entitled to use certain City streets and property ("Property") to be determined by the City Cormnunity Services Department in conjunction with Applicant for the _("Event"). Opening Date: Hours: to Closing Date: Hours: to The Property is described on Exhibit "A" attached sheets. 2) CROWD AND TRAFFIC CONTROL: Applicant shall provide crowd and traffic control, and also make arrangements with the appropriate City department to assist Applicant in providing crowd control, security, and police protection. However, Applicant shall remain solely responsible for same. In this regard, Applicant shall, without any cost or expense to City, retain and employ such off-duty policemen as may be necessary in order to accomplish crowd and traffic control in an efficient and proper manner. 3) EMERGENCY MEDICAL SERVICES VEHICLE: Applicant may be required by City to provide a minimum of one fi~lly- manned Metro Dude Fire Rescue stand-by service vehicle at all times during the Event, and for a period beginning one hour before and ending one hour after the hours as determined in Paragraph 1 above. 4) SANITARY FACILITIES: Applicant shall provide sufficient temporary public sanitary facilities and daily service of same at all times when the Event is in progress, and be subject to all applicable county health regulations. 5) CONSTRUCTION OF FACILIT1ES~ STRUCTURES~ TENTS AND CONCESSION STANDS: A) Applicant shall be and is hereby granted permission to erect tents, concession stand, or both, at such locations as approved by the City. It is ~rther agreed and specifically understood that permission to erect such tents, concession stands, or both, as aforementioned, is conditioned upon Applicant complying with the following: l. Filing an application containing a detailed proposal speci~ing the locations, hours, dates and types of concessions, with copies of the appropriate contracts with the individuals, corporations or partnerships as required by the City. 2. Obtaining and filing with its application a certificate that such tents or concession stands to be used during the period of time encompassed by this Agreement are of fireproof material and will not constitute a fire hazard. 8 B) All construction and installations, including electrical hook-ups, shall be made at Applicant's expense and approved in advance by the City Community Development Department. If electricity is required, Applicant shall negotiate arrangements for such service with the City. C) All such structures, facilities, concession stands and tents shall be removed not later than 24 hours following the conclusion of the Event, or as agreed to by both parties. Except where such structures, facilities, concession stands and tents are permitted by this Agreement, the same shall not otherwise interfere with the normal operations of the Property. D) Failure to remove structures, facilities, concession stands, etc., et. al. or to restore the property to the same condition it was in prior to the event, will be cause for payment by Applicant of $50.00 a day in liquidated damages (and not a penalty) to the City of Aventura until the organization is in compliance. 6) MAINTENANCE OF AND PAYMENT FOR DAMAGE TO PROPERTY: Applicant shall be responsible for and shall maintain all areas of the Property utilized by it in a clean, attractive and orderly condition. In this regard, the applicant's responsibility shall include, but not be limited to, the removal of all trash or debris which accumulated on any portion of the Property utilized by it. The Applicant shall further be responsible for damage to all turf~ plants, shrubs, trees and paved surfaces, and to any and all structures located and situated upon any portion of the Property utilized by the applicant, and for damage to all plants, shrubs, tu~ underground utilities, structures, irrigation, trees and paved surfaces, and to any and all structures located and situated upon any portion of the Property not utilized by the applicant, it' any such damage is caused by any act or omission o£the Applicant or its agents, employees, licensees or servants, or by any act or omission of any participant in the Event. It is further agreed that City shall furnish a written report of such damage to the Applicant, which report shall state the cost to be paid by the Applicant to City to correct said damage no later than seven (7) days after the receipt by it of City's report. Failure to correct the damage within seven (7) days may cause the City to sue for its correction, assess liquidated damages hereby authorized at the same rate as provided in (5) (D) above, and/or do the corrective work itself and bill the Applicant. 7) SECURITY: All Construction materials, equipment, goods, signs and any other personal property of Applicant shall be protected solely by Applicant. Applicant acknowledges and agrees that City assumes no responsibility whatsoever for any such item and that the security and protection of any such item from theft, vandalism, the elements, acts of God, or any other cause, are strictly the responsibility of Applicant. 8) SUBLEASE OR TRANSFERS: The City's grant of permission for each event is deemed personal to the Applicant. Applicant shall not assign, sublease or transfer any of its obligations or rights under this Agreement, in whole or in part, to any person without the prior written approval of the City Manager, which can be unreasonably withheld. Any such action by Applicant will result in immediate cancellation of this Agreement by City. 9) DETAILS OF EVENT AND USE OF PROPERTY: A) The name(s) of the company (companies) or entity (entities) to be promoted or sponsored by Applicant, and promotion of product(s) is (are): B) The detailed description of the item(s) Applicant will be distributing without charge at the Event is (are) limited to the following: (Note all such items are subject to approval by the City). 10 10) LICENSES AND PERMITS: COPYRIGHTS, PATENTS AND TRADEMARKS: Applicant agrees to secure and pay for all licenses and permits required by any governmental agency having jurisdiction, including City of Aventura occupational license and any other permits. Copies of all licenses and insurance schedules shall be provided to City with the completed application. Additionally, if Applicant intends to use any item which is or may be protected from infringement, such as, but not limited to, copyrights, patents and trademarks, Applicant shall provide City fifteen (15) days in advance of the first date of Property use, evidence showing that the applicable license, permit or permission has been secured and if applicable, all fees have been paid in fuil by Applicant. The provisions of this paragraph specifically apply to ASCAP, BMI, and any other similar organization which may require written permission and payment of a fee for use of protected material. If Applicant is exempt from these copyrights, proof of exemption is required with application. 11) STANDARDS OF CONDUCT: COMPLIANCE WITH RULES, REGULATIONS~ ORDINANCES: Applicant shall at all times comply with all rules, regulations and ordinances of City and any other governmental agency having jurisdiction. Applicant shall further take all precautions and use extreme care to conduct its operations in a safe and prudent manner with respect to its agents, employees and visitors to its Event. 12) INSURANCE: A) If required by the City, the Applicant agrees to obtain, pay for and keep in force continuously for the period of time encompassed by this Agreement, comprehensive general liability insurance with policy limits of not less than $l,000,000.00 for any one person, and $1,000,000.00 for any one incident, with coverage which shall include property damage, bodily injury and death. A valid Certificate of Insurance shall be provided to city by Applicant no later than thirty (30) days before the date permission to first use the Property begins. Any such policy shall name the City as an additional named insured and shall not be affected by any insurance that the City may carry in its own name. The policy shall remain in full force and effect at all times of setup and breakdown in connection with the Event. All policies require a thirty (30) day 11 cancellation and/or material modification notice to all parties named in the policy. B) Applicant shall timber provide evidence of Chapter 440, F.S. Workers' Compensation insurance in force for the benefit of Applicant's employees with a Certificate of Insurance no later than thirty (30) days prior to use of the Property. C) All insurance is to be submitted at least thirty (30) days prior to the event to the City's Finance/Support Services Director who is to comment upon or approve any such policy. The Finance/Support Services Director may require a modification or change of insurance depending on the event in his professional discretion. D) An additional $500,000.00 liquor liability insurance policy may be required by City, if alcoholic beverage sales are allowed. 13) INDEMNIFICATION AND HOLD HARMLESS: If any person, firm or corporation should sustain any damage, death or injury not covered by the insurance required above, or in excess of the limits provided by such insurance, Applicant agrees and consents to indemnify and hold City, its employees and officials, harmless from any and all legal, equitable, tort, contract or any other claims, suits, actions, judgments, attorney's fees, court costs and any other expenses whatsoever, arising out of or in connection with use of the Property. If called upon by City, Applicant shall defend not only itself, but also City, its' employees and officials, in connection with any such claim, at no cost or expense whatsoever to City, without recourse. Selection of reputable insurance defense counsel shall be by the Applicant, with the consent of the Finance/Support Services Director. 14) REIMBURSEMENT OF EXPENSES: Applicant shall reimburse City within fourteen (14) days of receipt of any invoice from City, for all of the costs incurred by the City's Community Services Department in the conducting of the Event, including, but not limited to, set-up, maintenance and removal of the City's vehicles, clean- up, maintenance and repair of the Property. Late payments shall accrue interest of 18% per annum, until paid to the City. 12 15) AUTHORITY OF COMMUNITY SERVICES DHIECTOR: Use by Applicant of the Property shall be coordinated with the Director of the Community Services Department ("Director") or his/her designee. The Director shall have authority to suspend all or any part of the activities of Applicant when, in the Director's opinion, such activities may be or are detrimental to the public or to the City, or if the City has reason to believe any law or ordinance is being violated by Applicant, its agents or employees. City reserves the right, through the Director, to suspend or terminate use of the Property if visitors become unruly, and to reject any presentation, material or item which is or may be, in the sole opinion of the Director, hazardous, offensive, immoral or disparaging to the image of the City, or to any person or group of persons. The decision of the Director in such regard shall be final, binding and conclusive. Any matter not expressly addressed herein shall be within the discretion of the Community Services Director. 16) COMPLIANCE WITH LAWS: Applicant also specifically agrees that its Event will be conducted in compliance with all Federal, State, and County laws and all local ordinances, resolutions and other requirements of the City of Aventura including, but not limited to, those relating to noise, building, zoning, gambling, fire protection, liquor regulation, and hours of operation. 13 EX[BlT "A" 1N WITNESS OF THE FOREGOiNG, the parties have set their hands and seals the day and year first written above signifying they have read, understand and agree to its terms in its entirety. CITY OF AVENTURA ATTEST: By CITY MANAGER CITY CLERK Approved as to legal form: CITY ATTORNEY WITNESSES: APPLICANT (By authorized officer, general partner of partnership, or individual, as applicable) ATTEST: By FOR THE APPLICANT (CORPORATE SEAL) By FOR THE APPLICANT STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared and as and respectively, of and acknowledged the. v executed the foregoing Agreement as the proper officials of , for the use andpurposes mentioned in it and they affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. 1N WITNESS OF TIIE FOREGOING, 1 have set my hand and official Seal at , in the State and County aforesaid on 199__ (SEAL) Nota9, Public My Commission Expires: 14 EXIBIT "A" COMMUNITY SERVICES DEPARTMENT OUTDOOR EVENT APPLICATION (PLEASE COMPLETE APPLICATION WITH TYPEWRITER ONLY) Name of organization Name of contact person Address Phone Fax PART I. EVENT REQUEST: EVENT TITLE: PURPOSE OF EVENT: REQUESTED LOCATION: ALTERNATE LOCATION: 15 EXIBIT "A" REQUESTED DATES AND TIMES AS INDICATED BELOW: DATE DAY FROM(AM/PM) TO (AM/PM) SET - UP EVENT EVENT B1LEAKDOWN ALTERNATE DATES OR RAIN DATES: DATE DAY FROM(AM/PM) TO (AM/PM) ANTICIPATED ATTENDANCE PER DAY: UTILITY SERVICE PLAN (INCLUDE NAME AND LICENSE NUMBER OF LICENSED MASTER ELECTRICIAN WHO WILL WORK THE EVENT): PART II. SPECIAL CONDITIONS OF PROPOSED EVENT: ARE YOU PLANNING ANY TYPE OF AMUSEMENT R1DES AS PART OF THIS EVENT? YES NO IF YES, WHAT IS THE NAME OF THE COMPANY WHO WILL BE PROVIDING THE EQUIPMENT? WHAT AMUSEMENT RIDES WILL BE AT THE EVENT (INCLUDE BOUNCE HOUSES) 16 EXIBIT "A" ARE YOU PLANNING TO CHARGE AN ADMISSION, DONATION, PARTICIPANT FEE, ETC..? YES NO IF YES, HOW MUCH? $ ARE YOU REQUESTING TO FENCE THE EVENT? YES NO IF YES, INDICATE THE AREA TO BE FENCED ON AN ATTACHED SITE PLAN. ARE YOU PLANNING ON HAVING ANY TYPE OF CONCESSION? YES NO ARE YOU PLANNING ON SELLING ALCOHOLIC BEVERAGES? YES NO ARE YOU PLANNING TO USE ANY TYPE OF MUSIC (AMPLIFIED OR NOT)? YES NO iF YES, PLEASE DESCRIBE IN DETAIL: WILL YOUR EVENT AFFECT TRAFFIC OR REQUIRE ROAD CLOSINGS? YES NO IF YES, PLEASE DESCRIBE REQUESTED ROAD CLOSING IN DETAIL: (STREETS AND REQUESTED CLOSING TIMES) (ATTACH MAP): PART IH. REQUEST FOR CITY INVOLVEMENT: PLEASE DESCRIBE IN DETAIL THE SERVICES THAT YOU ARE REQUESTING FROM THE CITY OF AVENTURA (IF NONE, WRITE "NONE"): 17 EXIBIT "A" If this event application is approved, I agree to provide a notarized financial statement of the event to the Community Services Department within ninety (90) days of its conclusion. I understand that a Community Services sponsored activity has precedence over the above schedule, and I will be notified in the event that any conflicts arise in adequate time to reschedule my event. I may be required to furnish the City with proof of liability insurance naming the City as additional insured. Insurance must be in the minimum amount of $1,000,000, or greater, as deemed satisfactory to the City Finance/Support Services Director, plus $500,000 liquor liability insurance, if applicable, also nanfing the City as additional insured, if selling alcohol at the event. PRINT NAME DATE SIGNATURE TITLE DATE RETURN OR MAIL APPLICATION TO: CITY OF AVENTURA SPECIAL EVENTS COMMUNITY SERVICES DEPARTMENT 2999 N.E. 191 ST., SUITE 500 AVENTURA, FL 33180 18 EXIBIT "A" FOR OFFICIAL USE ONLY APPROVALS: REC./CULTURAL SUPERINTENDENT DATE PUBLIC WORKS SUPERINTENDENT DATE COMMUNITY SERVICES DIRECTOR DATE CITY MANAGER DATE NOT APPROVED DATE CONDITIONS OF APPROVAL: