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HomeMy WebLinkAboutR-95-0840RESOLUTION NO.9 5 - 840 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS, AS SPECIFIED HEREIN, FOR THE USE OF THE ORANGE BOWL STADIUM BY PACE MOTORSPORTS, INC., D/B/A PACE/SUPERSPORTS AND SRO MOTORSPORTS, INC., FOR THEIR SUPERBOWL OF MOTOR SPORTS ON FEBRUARY 10, 1996, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND PACE MOTORSPORTS, INC., AND SRO MOTOR SPORTS, INC., FOR SAID PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the Department of Public Facilities is responsible for the operation of the Orange Bowl Stadium and attempts to secure the presentation of entertainment events for the community; and WHEREAS, Section 53-131 (C)(7) of the Code of the City of Miami, Florida, as amended, provides that the City Commission has the right to establish and fix special charges or special terms and conditions for the use of 'said Stadium; and WHEREAS, Pace Motor Sports, Inc., d/b/a Space/ Supersports (PACE) and SRO Motor Sports, Inc., (SRO) have requested the use of the Orange Bowl Stadium to stage their Superbowl of Motor Sports event for a use fee of Five Thousand Dollars ($5,000), or ,ATTACHMENT(S) s CONTAINED %'. CITY CO?+'lMSSION MEETING OF. DEC 0 7 1995 Revolution No. 95- 840 10t of the gross ticket sales, with a cap of Twenty Thousand Dollars ($20,000); and WHEREAS, PACE and SRO have agreed to pay for event personnel ir and other costs, as well as the cost of police personnel and ticket surcharge, for the event; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Special charges, terms and conditions, including a use fee of Five Thousand Dollars ($5,000) or 10% of gross ticket sales, with a cap of Twenty Thousand Dollars ($20,000) are hereby established for the use of the Orange Bowl Stadium by Pace Motor Sports, Inc., d/b/a Pace/Supersports (PACE) and SRO Motor Sports, Inc., (SRO) for their Superbowl of Motor Sports on February 10, 1996, subject to the organizers paying all Stadium costs and expenses and ticket surcharge and obtaining insurance to protect the city in the amount prescribed by the iCity Manager or his designee. _i i Section 3. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with PACE and SRO for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. -r 95- 840 APPROVED AS TO FORM AND CORRECTNESS: 3- 95- 840 USE AGREEMENT BETWEEN THE CITY OF MIAMI, .FLORIDA AND PACE MOTORSPORTS, INC., d/b/a PACE SUPERSPORTS, A TEXAS CORPORATION AND SRO MOTORSPORTS THIS AGREEMENT made and entered into this day of 1995, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and PACE MOTORSPORTS, INC., d/b/a PACE/SUPERSPORTS, a Texas Corporation and SRO MOTORSPORTS, INC., with its principal office located at 9780 16th Street North, St. Petersburg, FL 33716, telephone number (813) 579-8211, hereinafter referred to as 'the "USER". R E C I T A L: In consideration of the covenants and agreements hereinafter set forth, the CITY does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the CITY known as the Orange Bowl Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting the Superbowl of Motorsports, 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 8:00 p.m. on Saturday, February 10, 1996 and terminating at 12:00 midnight on that same day, not including set up and dismantle times. Set up shall commence no earlier than 7:00 am on the day prior to the EVENT and dismantle shall be completed by Monday, February 12, 1996. The above hours of use, including set up and dismantle times, shall hereinafter be referred to as the "USE PERIOD". ,i 2. Use Fee: USER agrees to pay the CITY for the use of said FACILITY: Five Thousand Dollars ($5,000.00) minimum use fee or 10% of the gross ticket sales, exclusive of State of Florida sales tax and CITY ticket surcharge, whichever is greater, plus 6.5% State of Florida Use Tax, hereinafter referred to as the "USE FEE". The percentage portion of the USE FEE shall have a cap of $20,000.00 9 5 - 840 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 Surcharge $1.00 to $5.00 $0.50 $5.01 to $15.00 $0.75 $15.01 and Over $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 as soon as possible after the conclusion of the EVENT, in accordance with City Code provisions and the terms of this Agreement. 4. Deposit: A deposit of One Thousand Two Hundred L Fifty Dollars ($1,250.00) is required by the CITY. Said deposit shall be held by CITY throughout the USE PERIOD to -cover any and all unpaid sums due CITY, and, if not used, shall be returned to USER, or shall be used to cover their USE FEE and/or expenses. 5. Payment for Additional Services: USER shall pay to the CITY, on demand, such reasonable sum or sums as may be due to said CITY for additional services, accommodations or material furnished to said USER for the EVENT. 6. Damage Repair.: USER shall pay to the CITY the 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. 7. 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. 8. Forfeit for Cancellation: All advanced sums, or advanced payments for services shall be forfeited if, through the fault or action of the USER, the EVENT is not held on the date andtime contracted. -2- 95-- 840 9. Audit Rights: a. CITY reserves the right to audit the records of USER at any time during the performance of this Agreement and for a period of three years after the final payment is made under this Agreement. b. If so requested by the CITY, USER shall submit to the Department of Conferences, Conventions, and Public Facilities an independent audit, by a -certified accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the funds for the 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. 10. Complimentary Tickets: USER shall furnish to the DIRECTOR or designee two hundred. (200) complimentary tickets for the EVENT for the purpose of promoting the CITY and the FACILITY for further events. 11. Gate Opening and Time of Performance: Gates are to be opened at least two hours prior to the start of the All advertising shall indicate the gate opening time. ,ire CITY reserves the right to open gates or adjust gate opening time as it deems appropriate. 12. 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. 13. Condition of FACILITY: CITY represents and warrants that the FACILITY and its fixtures and furnishings will be clean, in good order and repair, and reasonable 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. 14. Playing Field: USER agrees to comply with the Field Preparation Rules (included with agreement) and guarantees that no damage will be done to the Orange Bowl playing field (Prescription Athletic Turf) and that it will be jointly inspected by USER and the Grounds and Turf Manager to insure that is returned in the same condition as it was accepted. All monies necessary to repair damage shall be paid by USER. _3_ 95- 840 line . Items Fur shed by USER: USER 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. Facility Rules: USER acknowledges that it 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, 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. 17. Authority: USER agrees that any matters not herein expressly provided for in this Agreement shall 'be provided by mutual agreement between CITY and USER. 18. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. EVENT Staff and S lies Furnished by USER: 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. EVENT Personnel: If EVENT personnel staffing is required by 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, restroom attendants 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 .1.099 statements for tax purposes, in accordance with federal, state and/or local laws. If staging and/or other structures are to be erected after normal CITY working hours, USER shall additionally pay for the services of a groundskeeper who will be assigned for the required off -duty period. -4- 95- 840 21. Union Reguirgments: 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 of 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. 22. Fire Safety: USER shall provide a diagram of the proposed EVENT layout to the office of. the Fire Prevention Bureau, 275 N.W. 2nd Street, Miami, FL, and obtain permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department manpower requirements for the EVENT shall be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. The USER shall be responsible for the payment of Fire Department services. 23. Police Security: a. The DIRECTOR, or designee, after full discussion with the USER as to the type of event and related activities, will contact the CITY's Police Department to ascertain the level of Police and/or other security staffing necessary for adequate - ii —.7d control, traffic circulation and safety and/or ether required security prior to, during and after the EVENT. USER shall be responsible for the direct payment of designated Police and security services - upon the conclusion of the EVENT. 24 b. If during the course of the EVENT, the EVENT Police commander reasonably determines that security for the EVENT is insufficient for proper crowd control, he may summon additional officers in sufficient numbers to effectively control the situation. The USER will assume the responsibility of paying for the services of these additional officers. If such additional officers are already on duty, payment shall be made at their normal hourly rate of pay. If such additional officers are off -duty, payment shall be made at the overtime rate of one and one-half times the normal hourly rate. Total compensation to such off -duty officers shall 'be 'the greater of the following: four hours' minimum compensation, or, compensation for the actual time devoted to the EVENT problem, including time spent booking prisoners and the like. Clean-up and Dismantle: a. USER agrees to pay directly for the cleaning contractor to clean up the FACILITY after the EVENT has ended. If the -5- 95- 840 25. 26 FACILITY is not properly cleaned, the CITY has the right to order additional cleaning of the FACILITY and to invoice the USER for such additional cleaning. b. USER agrees to tear down and remove all USER effects immediately after the EVENT has ended, and shall be completed not later than twenty-four hours after the conclusion of the EVENT, unless otherwise approved by the DIRECTOR or designee. 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. Concession Rights It is understood that concession .rights for all events at the FACILITY belong to the CITY. For the purposes of this Agreement, USER shall be granted. the. -__,1ht to sell programs, authorized novelties and/or % her merchandise depicting the EVENT and/or performers) or player(s), limited to T-shirts, buttons, hats, other apparel, records, tapes, photographs, posters, and other common souvenir items. Such items offered for sale to the public are subject to the advance approval of the DIRECTOR or designee, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, the sale of food or beverages by the USER is strictly prohibited. 27. Parking: a. The CITY shall furnish its normal and customary event parking facilities for public parking. The CITY will provide adequate personnel to man such parking facilities, at its own cost and expense. b. The CITY agrees that charges to the public for parking on CITY property shall not exceed the usual and customary charges for such parking, provided that such charge is sufficient to ensure that total parking revenues are not less than the cost of operating the parking facility for the EVENT. The CITY shall be entitled to 100% of all gross receipts from parking charges. C. If parking revenue is less than CITY's cost, then the USER shall reimburse the CITY for the difference, in accordance with applicable CITY Code provisions. 95 840 d. The CITY shall furnish USER with up to 200 parking passes for the EVENT to be distributed by USER to all press, VIPs, sponsors, officials and USER's staff. 28. 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 USER or its employees except when such charge or claim was caused by the willful negligence or misconduct of the CITY or the CITY's agents, officers 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. 29. Risk of Loss: The CITY shall not be liable for any loss, 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 a_ the risk of the 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 i.ts licensees is placed in the FACILITY during the USE OD, 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. 30. Insurance: Liability insurance is required of USER and is to be cleared through the office of the CITY's Risk Management Division, Insurance Coordinator, Dupont Plaza, 300 Biscayne Way, Suite 328, Miami, Florida, 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 company affording coverage and the types and limits of liability 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. 31. Default Provision: In the event that USER shall fail to comply with each and every material term and condition of this Agreement or fails to perform any of the material 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. -7- 05- 840 32. 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. 33. 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 representation or 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. 34. Nondiscrimination: USER agrees that it shall not discriminate as to race, sex, color, religion, handicap, age, marital status or national origin in connection with its performance under this agreement. 35. Intent of Agreement_ The parties intend that this doc i. 11e.s-it shall be a License Agreement and that no leasehold. in'�e _ vst is conferred upon the USER. 36. 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 ccsts, 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. 37. Nonassig,Lnment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 38. 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 of each to each other as if its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 39. Amendments: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. -8- 95- 840 IN WITNESS WHEREOF, the parties hereto have individually and through their, proper corporate officials executed this agreement the day and year first above written. THE CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida: Walter Foeman, City Clerk Cesar H. Odio, City Manager_ USER: PACE MOTORSPORTS, INC., d/b/a PACE/SUPERSPORTS, INC., a Texas Corporation and SFO MOTORSPORTS, INC. ATTEST - Corporate Secretary (signature) (print name and title) (SEAL) APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND CORRECTNESS: Frank K. Rollason, Deputy Chief A. Quinn Jones, III Risk Management Division City Attorney Cjl1,�,/, APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajares, Director Department of Conferences, Conventions and Public Facilities -9- 95a 840 z COR10RATE_ RESOLUTION WHEREAS, the Board of Directors PACE MOTORSPORTS. INC., d/b/a PACE/SUPERS PORTS desires to enter into an agreement with the CITY of Miami for use of the ORANGE BOWL STAD'IUM; and WHEREAS, the Board of Directors of PACE MOTORSPORTS. INC.. d/b/a PACE/ SUPERSPORM has examined terms, conditions and obligations of the proposed Agreement with the CITY for said use; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTOi;:S of PACE MOTORSPORTS. INC., d/b/a PACE/SUPERSPORTS that the President( ) or Vice-president( ) or Secretary( ) (please check one) is hereby authorized and instructed to enter into a contract in the name of and on behalf of this corporation with the CITY of Miami for the use of the ORANGE BOWL STADIUM in accordance with the contract documents furnished by the CITY of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the CITY of Miami. 95- 840 IN WITNESS WHEREOF, this day of , 199 CHAIRMAN, Board of Directors By (Signature) Print or Type Name (SEAL) I. EXHIBIT 1 95- 840 EVENT WEEK: *Equipment may be delivered and parking area dirt may be prepared. 2 DAYS PRIOR TO EVENT: *At 12 Noon or later, cover grass with GEOTEXTILE or ANKAMAT/GEOTEXTILE in track areas. *Install single sheet of PLYWOOD over track area and then doubled at mud pit area, heavy truck areas, pulling track and large mounds. It may be helpful to screw down second sheet. 1 DAY PRIOR TO EVENT: *Cover PLYWOOD with 4m1 POLY, STRAW or other barrier at edge of track. *clove dirt in with trucks, loaders and/or ST11.1all dozers. Plan for adequate equipment. 'EVENT 'DAY: *Finish track *Cover perimeter grass with plastic sheeting one hour prior to event. AFTER EVENT: *Prepare for dirt removal. *Dirt removal should wait until daylight hours to avoid noise complaints from residents nearby. 1 DAY AFTER EVENT: *6am-10am: Remove all dirt from stadium field. Proper planning of equipment is required. *9am-6pm: Remove all PLYWOOD and GEOTEXTILE or ANKAMAT/GEOTEXTILE from floor. This usually requires 16-20 laborers, 1-5 supervisors, 1 fork-lift, hand tools, brooms, rakes and shovels. *Sweep field with power broom. 95-- 840 *.Dirt/parking area may be graded smooth for Car parking, seeded with 100 lb Bermuda grass seed and 200 lb of Millit seed and mulched with 100 bales hax. 2.DAYS AFTER EVENT: *Finish clean-up and hose down of paved areas and streets, ANY CHANGE IN THIS TIME SCHEDULE WILL CAUSE MORE THAN NORMAL TURF LOSS. For any questions regarding these procedures, please contact Dale Sandin, Grounds and Turf Manager at (305) 643-7100. 95- 840 i f%A CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM to ; Honorable Mayor and Members DATE : Nov 2 8 ���5 FILE of the City Commission SUBJECT : Resolution to set use fee and regulations for: PACE MOTOR SPORTS, INC. Cesa to REFERENCES: City ger ENCLOSURES: R�COMMF.N»ATION : It is respectfully recommended that the City Commission adopt the attached proposed resolution establishing special charges, terms and conditions for the use of the Orange Bowl Stadium by Pace Motor Sports, Inc. for the presentation of the Super Bowl o`. Motor Sports, a motor sport event which will take place Februar;;- 10, 1996. The legislation would also authorize the City Manacc to execute an agreement, in substantially the attached with this organization for_this purpose. BACKGROUND The Department of Conferences, Conventions and Public Facilities wishes to allow Pace Motor Sports, Inc. to use said facility fo. the presentation of the Superbowl of Motor Sports, a motor sport j event, for said period. The administration has determined that modifications to the standard use charges, terms and conditions as specified in the City Code are appropriate for this event and has prepared an agreement with Pace Motorsports, Inc. which delineates the various revised charges, terms and conditions for said use. e�Q-1 95- 840 SUpREBOWL OF MOTORSPORTS REVENUES/EXPENSEPROJECTIONS ORANGE HOWL STADIUM FEBRUAP y 10, 1995 Attendance: $5,000 Use Fee: or 10% ($20,000 cap) Surcharge: $220,000 $ .00 Per Cap Concessions: -Parking: $5.00 RF.y�NUEs' $ 20,000 Use Fee $ 20,000 Surcharge $ 60,000 Concessions $ 25,000 Parking Total $125,000 EXPENSES: $ 3,000 parking Personnel $122,000 NET REVENUE i i 1, 95 840 1