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HomeMy WebLinkAboutR-94-0016J-94-35 12/21/93 94- 16 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS, AND CONDITIONS FOR THE USE OF A PORTION OF THE ORANGE BOWL STADIUM BY THE BILL WEST DIVISION OF PACE MOTOR SPORTS, INC., ON FEBRUARY 5, 1994, FOR THE PRESENTATION OF A MONSTER TRUCK AND TRACTOR PULL EVENT ENTITLED THE "SUPERBOWL OF MOTOR SPORTS"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS PAYING FOR COSTS OF NECESSARY CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the Department of Conferences, Conventions, and Public Facilities is responsible for the operation of the Orange Bowl Stadium and attempts to secure the presentation of various sporting and other events at said facility; and WHEREAS, the Bill West Division of Pace Motor Sports, Inc., wishes to conduct its "Superbowl of Motor Sports" on February 5, 1994, as it has in 1981 through 1984; and WHEREAS, said event has been a popular sporting exhibition which has attracted over 15,000 attendees each; and CITY COMMSIOX MEETING OF, ATTACHMENT (S) JAN 1 3 1994 WHEREAS, the Director of the Department of Conferences, Conventions and Public Facilities and the City Manager have determined that modifications to the standard use charges, terms and conditions as specified in the City Code are appropriate for said events and recommend approval of same; and WHEREAS, said Director and the City Manager have determined that a "cap" of $25,000 to the standard use charge of $5,000 minimum guarantee versus 10% of gross ticket sales is appropriate for this event; and i WHEREAS, the Bill West Division of Pace Motor Sports, Inc., will collect and pay to the City all applicable surcharges and cover all City event expenses; and WHEREAS, the Department of Conferences, Conventions and Public Facilities has prepared an agreement for the City Manager's signature which delineates the various charg$, terms and conditions for said use; and WHEREAS, the modified charges, terms, and conditions for the proposed use will not have adverse effect on the revenues of said facility but will assist in securing significant additional revenues to the City in the form of added ticket surcharge, �! parking, and concession revenues; and I WHEREAS, said Director and the City Manager have determined that such modifications are appropriate for this event; and I 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; -2- 04- 16 -0 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporation herein as if fully set forth in this Section. Section 2. The special charges, terms and conditions as set forth in the attached agreement for the use of a portion of the Orange Bowl Stadium by the Bill West Division of Pace Motor Sports, Inc., are hereby established for said organization's presentation of the "Superbowl of Motor Sports" on February 5, 1994. Section 3. The City Manager is hereby authorized to execute the attached agreement, in substantially the attached form, between the City of Miami and the Bill West Division of Pace Motor Sports, Inc. Section 4. The herein authorizations are hereby conditioned upon the organizers paying for costs of necessary City services and applicable fees associated with said event and obtaining insurance to protect the City in an amount prescribed by the City Manager or his designee. Section 5. This Resolution shall become effective immediately upon its adoption. -3- 9 4 - 16 PASSED AND ADOPTED this 13th day of _January 1994. /c Ne ST PHEN P. CLA , MAYOR PREPARED AND APPROVED BY: CARMEN L. LOON' ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. Qjnm.N S , I Z3: CITY ATT740,48 EY CLL:osk: ORANGE BOWL STADIUM USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE BILL WEST DIVISION OF PACE MOTOR SPORTS, INC. THIS AGREEMENT made and entered into this day of 19_, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and THE BILL WEST DIVISION OF PACE MOTOR SPORTS, INC., a for profit Florida corporation with its principal office located at 1101 9th Avenue North, St. Petersburg, F1 33705, telephone number (813) 822-8929,, hereinafter referred to as the "USER." 1 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 Motor Sports, 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 5, 1994 and terminating at 12:00 midnight on that same day, not including set up and dismantle time. 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 7, 1994, unless otherwise mandated by the Director of Conferences, Conventions, and Public Facilities Department, hereinafter "DIRECTOR", or designee. The above hours of use, including set up and dismantle times, shall hereinafter be referred to as the "USE PERIOD". 94 16 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 $25,000.00. 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 each EVENT. Ticket surcharge revenue shall be paid upon demand, and/or as soon\ as possible after the conclusion of each 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 each EVENT. Such monies that are on hand at the FACILITY ticket office shall be described as "on premises gate receipts". The DIRECTOR or designee shall be entitled to collect all such monies 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. _2_ 04- 16 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 dates and times 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. 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 future events. 10. 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 to open gates or adjust gate opening time as it deems appropriate. 11. 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. 12. Condition of FACILITY: CITY represents and warrants that the FACILITY and its fixtures and furnishings will be reasonably 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. 94- 16 - 3 - 13. 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. 14. 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. 15. 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. 16. 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. 17. Right of Entry: The CITY reserves, the right to enter into the FACILITY at any time during the USE PERIOD as it deems necessary. 18. 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. 19. 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 1099 statements for tax purposes, in accordance with federal, state and/or local laws. -4- 94- 16 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. 20. 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 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. 21. Fire Safety: USER shall provide a 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. 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. 22. 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 crowd control, traffic circulation and safety and/or other 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. b. If during the course of the EVENT, the EVENT Police commander 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. -5- 94- 16 23. Clean-up and Dismantle: a. CITY shall be responsible for the payment to a cleaning contractor to clean up the FACILITY after the EVENT has ended. 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. 24. 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 orlon the grounds of the FACILITY after the end of the USE PERIOD. 25. 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 right to sell programs, authorized novelties and/or other merchandise depicting the EVENT and/or performer(s) 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. The sale of food or beverages by the USER is strictly prohibited. 26. 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. 94- 16 - 6 - 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. 27. 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. 28. 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 ana dismantle times and, in particular, during those hours of the USE PERIOD when the FACILITY is not open to the general public. 29. 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. 30. 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. - 7 - 94- 16 31. 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. 32. 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. 33. 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. 34. Intent of Agreement: 'the parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. , 35. 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. 36. Nonassianment: ' This Agreement may not be transferred or assigned by the USER without the express written consent of the CITY. 37. 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 of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 38. Amendments: No binding on either parties. amendments to this Agreement shall be party unless in writing and signed by both 94- 16 -8- IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day and year first above written. ATTEST: Matty Hirai, City Clerk Corporate Secretary i i APPROVED AS TO INSURANCE: i Sujan S. Chhabra, Director Risk Management Department CITY: THE CITY OF MIAMI, a municipal corporation of the State of Florida: Cesar H. Odio, City Manager USER: BILL WEST DIVISION OF PACE MOTOR SPORTS, INC., a for -profit Florida ` corporation (signature) (print name and title) (SEAL) APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: r�l'L* Tony Pajares, Director Department of Conferences, Conventions, and Public Facilities �1 -9- Y,: 94- 16 WHEREAS, the Board of Directors of BILL WEST DIVISION OF PACE MOTOR SPORTS, INC. desires to enter into an agreement with the CITY of MIAMI for use of a portion of the ORANGE BOWL STADIUM; and WHEREAS, the Board of Directors of BILL WEST DIVISION OF PACE MOTOR SPORTS, INC. has examined terms, conditions and obligations of the proposed Agreement with the CITY for said use; i and WHEREAS, the Board off 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 DIRECTORS of BILL WEST DIVISION OF PACE MOTOR SPORTS INC., 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 a portion 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. 94- 16 IN WITNESS WHEREOF, this _ day of , 19 Attest: Corporate Secretary Signature Print or Type Name CHAIRMAN, Board of Directors By (Signature) Print or Type Name (SEAL) 0 EXHIBIT 1 n 94- 16 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CAM To Honorable Mayor and Members : of the City Commission DATE �AN 41994 FILE SUBJECT Resolution establishing fees for the "Superbowl � of Motor Sports" at the `i! Orange Bowl Stadium FROM : Cesar io REFERENCES: City*a er ENCLOSURES RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached proposed resolution establishing special charges, terms and conditions for the use of a portion of the Orange Bowl Stadium by the Bill West Division of PACE Motor Sports, Inc., for the presentation of the "Superbowl of Motor Sports" on February 5, 1994. The legislation would also authorize the City Manager to execute an agreement with this organization for this purpose. The Department of Conferences, Conventions and Public Facilities has been working with the Bill West Division of PACE Motor Sports, Inc., to complete arrangements for the presentation of the "Superbowl of Motor Sports" at the Orange Bowl Stadium. This event has been presented at this City stadium from 1981 through 1984 and has brought in over 15,000 attendees to each. This year's event is scheduled for February 5, 1994. The Administration has determined that modifications to the standard use charges, terms and conditions as specified in the City Code are appropriate for these events and has prepared an agreement with the Bill West Division of PACE Motor Sports, Inc., which delineates the various revised charges, terms and conditions for said use. Under the terms of the agreement, the user has agreed to pay to the City a use fee of $5,000 vs 10% of gross ticket sales with a cap of $25,000. The organization will also collect and pay to the City all applicable surcharges, and will cover all City event expenses related to the event. 94- 16 SUPERBOWL OF MOTORSPORTS REVENUE/EXPENSES PROJECTIONS ORANGE BOWL STADIUM FEBRUARY 5, 1994 Attendance% 18,000 (average) Use Fee: $25,000 Surcharge: $1.00 Concessions: $4.25 per cap Parking: $5.00 REVENUES Use Fee Surcharge Concessions Parking TOTAL EXPENSES Parking Staff NET REVENUE 25,000 18,000 32,206 20,000 $95,206 3,000 $92,206