HomeMy WebLinkAboutR-94-0802J-94-940
10/31/94
RESOLUTION NO.
94- 802
A RESOLUTION, WITH ATTACHMENT, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
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 MOTOR SPORTS, INC., FOR THEIR SUPERBOWL
OF MOTOR SPORTS ON FEBRUARY 11, 1995;
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 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
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 Motorsports, Inc., d/b/a Pace/Supersports
(PACE) and SRO Motor Sports, Inc. (SRO) have requested the use of
CITY COI'TiMISSION
K7- E.T".TG OF
N TI ! 7 '14
Resolution No.
94- 802
the Orange Bowl Stadium to stage their Superbowl of Motor Sports
event for a use fee of Five Thousand Dollars ($5,000), or 10% of
the gross ticket sales, with a cap of Twenty Five Thousand
Dollars ($25,000); and
WHEREAS, PACE and SRO have agreed to pay for event personnel
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. The City Manager's establishment of 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 Five Thousand Dollars ($25,000) 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 Motors Sports to be held on February 11, 1995,
is hereby ratified, approved and confirmed, 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 City Manager or his designee.
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. 9 802
-2-
PASSED AND ADOPTED this 17th day of November , 1994.
q1tt,;�P ,� .
S EPHEN P. CLA K, MAYOR
ATTEST:
MATTY HZ AI a
CITY CLERK
PREPARED A
APPROVED BY:
OLGA AMTREZ-SEIJAS
ASST TANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
0
A. `QUI
CITY A
ORS:osk:M4'M7
-3-
94- 802
USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND PACE MOTOR!SPORTS, INC.
THIS AGREEMENT made and entered into this day of
1994, 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
e� Texas orporation, and SRO MOTOR SPORTS, INC., with its principal
office located at 1101 9th Avenue Nort Pe rsburg, F
33705, telephone number (813) 82 -8929� ereinafter referred to
cpk�e� 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 Bow]. 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 fr 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 11,
1995 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 13, 1995.
The above hours of use, including set up and dismantle
times, shall hereinafter be referred to as the "USE PERIOD".
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 Tex, hereinafter referred to as
the "USE FEE". The percentage portion of the USE FEE shall
have a cap of $25,000.00
94- 802
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. —Payment for AdditionalServices: 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.
5. Damage Repair: USER shall pray 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.
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 an other bills or sums of money
owed by the USER to other pa ties.
7. 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 and time contracted.
8. Audit Rights:
a. CITY reserves the right to audit the records of USER
with respect to the event 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.
94- 802
9. Complimentary Tickets:
or designee two hundred
EVENT for the purpose of
for further events.
USER shall furnish to the DIRECTOR
(200) complimentary tickets for the
promoting the CITY and the FACILITY
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 fixtureE and furnishings will be clean,
in good order and repair, ancreasonable fit for the purpose
for which they are -to be u-sed, in -saf-e condition for the u-se
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.
13. 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 is returned in the same condition as it was
accepted. All monies necessary to repair damage shall be
paid by USER.
14. Utilities Items Furnished 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.
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.
94- 802
16. Authority: USER agrees that any matters not herein
expressly provided for in tlis Agreement shall be provided
by mutual agreement between CITY and USER.
17. 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.
18. EVENT Staff and Supplies Furnished by USER: USER shall
furnish, at its sole cost and expense, ticket sellers,
ticket takers, and us -hers.. USER _shall cans.ult 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 operati ns workers, electricians, sound
technicians, groundskeepers, Irestroom attendants and others
necessary for the proper o eration 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.
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 tra e 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 the Fire Prevention Bureau,
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.
94- 802
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 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 responsibi �ity of paying for the services
of these additional fficers. If such additional
officers are already bn 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.
23. 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
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 cle ning.
b. USER agrees to tear dow. 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 st rage for each day that said
effects remain in or on the grounds of the FACILITY after
the end of the USE PERIOD.
94- 802
25. Concession Riahts: It is understood that concession rights
for all events at the FACILI Y belong to the CITY. For the
purposes of this Agreement, OSER shall be granted the right
to sell programs, authorized novelties and/or other
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.
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.
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.
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.
27. Indemnification: The USERI shall indemnify and save
harmless forever the CITY,J 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.
28. 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 risk
of USER or the owner thereof. property place or moved in the
FACILITY shall be at the disk of the USER or the owner
thereof.
94- 802
Furthermore it is the responsibility of the USER to provide
security whenever personal property either owned or used by
the USER or its licensees iE 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.
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 osuch insurance policies and a
certificate of same.
i
30. 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.
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 otherw se provided in this Agreement
and that this Agreement co stitutes 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 finding 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:
discriminate as to
age, marital status
its performance under
USER agrees that it shall not
race, sex, color, religion, handicap,
or national origin in connection with
this a reement.
94- 802
34. Intent of Agreement: The pa ties 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. Nonassignment: This Agreement may not be transferred or
assigned by 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 obli ations 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.
38. 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.
ATTEST:
Matty Hirai, City Clerk
THE CITY OF MIAMI, a municipal
corporation of the State of
Florida:
Cesar H. Odio, City Manager
J4-- 802
`7 Un-
• I USER: PACE MOTOR SPORTS, INC.,
d/E/a PACE/SUPERSPORTS, a
Texas Corporation and SRO
MOTORSPORTS, INC.
ATTEST:
Corporate Secretary
APPROVED AS TO INSURANCE:
(signature)
(print name and title)
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
Frank K. Rollason, Deputy Chief A. Quinn Jones, III
Risk Management Division City Attorney 00
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Tony Pajares, Director
Department of Conferences, Conventions
and Public Facilities
94- 802
WHEREAS, the Board of Directors PACE MOTOR SPORTS, INC.,
d/b/a PACE ZSUPERSPORTS desires to enter into an agreement with
the CITY of Miami for use of the ORANGE BOWL STADIUM; and
WHEREAS, the Board of Directors of PACE MOTOR SPORTS, INC.
d/b/a PACE/SUPERSPORTS 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 DIRECTORS of
PACE MOTOR SPORTS. INC.. d/b/a PACE/ SUPERS PORTS 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.
94- 802
IN WITNESS WHEREOF, this da3; of
I
Attest:
Corporate Secretary Signature
Print or Type Name
199
CHAIRMAN, Board of Directors
By
i
EXHIBIT 1
(Signature)
Print or Type Name
(SEAL)
94' 802
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 4ml POLY, ST , W or other barrier at edge of
track.
*Move dirt in with trucks, loaders and/or small 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 forklift, hand tools, brooms, rakes
and shovels.
*Sweep field with power broom.
*Dirt/parking area may be graded Fnd
mooth for car parking, seeded
with 100 lb Bermuda grass seed 200 lb of Millit seed and
mulched with 100 bales hax.
94- 802
i
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.
94- 802
CITY OF MIAMI, FLORIDA CAM
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATle FILE
.of the City Commission NOV 3- Ig94
FROM : Cesa O
City ger
SUaJECT : Resolution to set use fee
and regulations for, Pace
Motor Sports Inc., a/b/a
Pace/Supersports
REFERENCES:
ENCLOSURES: '
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 Pace Motor Sports Inc'., d/b/a Pace /Supersports, for
the presentation of the "Superbowl of Motor Sports" on February
11, 1995. The legislation would also authorize the City Manager
to execute an agreement with thisorganization for this purpose.
The Department of Conferences, Conventions and Public Facilities
has been working with Pace Motor Sports Inc., d/b/a
Pace/Supersports 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 last year, brought in over 31,000 attendees.
The administration has determin d 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 Motor Sports. Inc., d/b/a Pace/Supersports,
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- 802