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HomeMy WebLinkAboutR-91-0112RESOLUTION NO. 91- 112 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION OF THE ORANGE BOWL STADIUM BY MUNDIAL SPORTS GROUP, INC. FOR THE PRESENTATION OF A SERIES OF SOCCER MATCHES ON SELECTED DATES DURING THE PERIOD FEBRUARY 1, 1991 THROUGH FEBRUARY 28, 1992; 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; AND 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 Conferences, Conventions, and Public Facilities is responsible for the operation of the Orange Bowl Stadium and seeks to secure the presentation of various sporting and other events at said facility; and WHEREAS, the Mundial Sports Group, Inc. wishes to conduct international soccer matches utilizing one-half of said stadium on selected dates during the coming year; and WHEREAS, said events are popular sporting exhibitions which are expected to attract over 10,000 attendees per match; and WHEREAS, said group has agreed to present a minimum of four (4) such events during the period February 1, 1991 through February 28, 1992; and WHEREAS, the first two proposed events, the 1991 Miami Cup, were scheduled for February 1 and 3, 1991; and 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 $5,000 to the standard use charge of $2,500 Minimum guarantee versus 10% of gross ticket sales is appropriate for each event under this multiple use arrangement, and WHEREAS, said organization will collect and pay to the City all applicable surcharges and will cover stadium personnel and operating expenses for each event; and WHEREAS, the Department of Conferences, Conventions and Public Facilities has prepared an agreement for the City Manager's signature which delineates the various charges, terms and conditions for said use; and WHEREAS, the modified charges, terms and conditions of the proposed use will not have adverse affect on the revenues of said facility but will assist in securing significant additional revenues to the City in the form of added stadium use fees, surcharge, parking and concession revenue; 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; Section 4. The herein authorizations are hereby conditioned upon the organizers obtaining insurance to protect the City in the amount as prescribed by the city Manager or his designee. Section 5. ' This Resolution shall become immediately upon its adoption. PASSED AND ADOPTED this 14th day of ,VIER )k. WAREZ, j _3 1 Y effective 1991. 1 1 Li USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MUNDIAL SPORTS GROUP, INC. THIS AGREEMENT made and entered into this day of 1991, by and between the CITY OF MIAMI, a municipal corporation of the State of Plorida, hereinafter referred to as the "CITY" and MUNDM SPORTS GROUP, INC. with its principal office located at 2200 W. Commercial Blvd., Suite 203, Ft. Lauderdale, Florida 33309, telephone number (305) 731-7700, 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 a portion of the municipal facility of the CITY known as the Orange Bowl Stadium, specifically the playing field and one-half of the seating areas, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting a series of Soccer Matches, hereinafter referred to as the "EVENT(S)", and for no other purpose whatsoever. 1. Agrgement Term'IEVENT Dates: Said use is permitted on selected dates during the period commencing on February 1', 1991 and terminating on February 28, 1992, hereinafter referred to as the "AGREEMENT TERM", on specific dates as may be available, subject to the approval of the Director of Conferences, Conventions and Public Facilities (hereinafter referred to as the "DIRECTOR") or designee. A minimum of four (4) EVENTS shall be conducted by USER on selected dates within the AGREEMENT TERM. As of execution of this Agreement by the USER, the dates of February 1 and 3, 1991 are tentatively reserved pending receipt of applicable payments and/or deposits. Subsequent EVENT dates shall be subject to the approval of the DIRECTOR or designee, and to the CITY's receipt of request from USER at least thirty (30) days in advance of the proposed date. 2. Use Period: The hours of use for each EVENT shall include set up and dismantle times. Set up shall commence no earlier than 7:00 am on the day prior to each EVENT and cleanup shall begin immediately upon the conclusion of the EVENT and conclude within a twenty-four hour period, unless otherwise mandated by the DIRECTOR or designee. The above' hours of use, including set up and dismantle times, shall hereinafter referred to as the "USE PERIOD". . 3. 11lig USER agrees to pay the CITY for each use of said FACIbI'X s io.Thouaand Five Hundred Dollars ($2,500 00) per USE PER100 (EVENT. day), as a minimum guarantee, or ten percent (10�) of rose{"ticket sa fes,' after taxes whichever is greater, plus stint► of Fiorida use;, tax, hex'eina4fte referred as the "U65-. FE D, The total USE ria for any USE PERIOD' h411 :not, greeter, than $5,000, plus 6% Stints of F. �#.1 •'� r .►�i�Aft PUAVI ` 0 4. Use Fee in Case of _.EVENT.Cancellations If USER does not produce at least four (4) EVENTS within the AGREEMENT T9RM, then USER shall pay to the CITY the minimum guaranteed fee of $2,500 plus 6% State of Florida use tax for each EVENT that does not occur. 5. De ooss-i-.tt A deposit of Five Thousand Three Hundred Dollars ($5,300.00), equal to the minimum guaranteed USE FEE plus State of Florida use tax for two EVENTS, is required at the time of the signing of this Agreement by USER. Said deposit shall be held by CITY throughout the AGREEMENT TERM to cover any and all unpaid sums due CITY, and, if not used, shall be returned to USER, or shall be used to cover the USE FEE and/or expenses for the last USE PERIODS. 6. 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. 7. 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, accommodation or material furnished to said USER for the EVENTS. 8. 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 EVENTS. 9. a�vments Due: The minimum guaranteed portion of all USE FEES and applicable taxes, shall be due ten (10) days prior to each use of said FACILITY for the immediately ensuing USE PERIOD. The balance of all USE FEES (the percentage portion), and any other sums due CITY pursuant to this Agreement, including the ticket surcharge and personnel expenses, shall be paid upon the conclusion of each EVENT. 10. 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 use fee and/or expenses incurred through USER's use of the FACILITY at the close of the EVENT. USER grants to the CITY the first `right of claim to be paid from all monies that are on hand such as "on Premises gate receipts" or all monies held by USER's ticket sales agency for any unpaid use fee, expenses, surcharge, additional services, accommodations, M materials furnished, cost of repair, rehabilitation, damage correction, and/or replacement or restoration of the rACILITY as a consequence of the presentation of the event. The DIRECTOR or designee shall be entitled to collect all, Ouch 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 USER agrees that any agreement entered into by 'the USER with a ticket sales agency or agendas will .n_1 140, the agency recognition that the CITY has first right`Wclaim, and the CITY is to be paid from 4ny and all, =` .. ," 91.E s ; monies held by the said ticket agency. "On Premises gate receipts" shall be defined as all sums of money collected by the USER or his agent in connection with the EVENT(S). _ 11. Forfeit .-.for.. cancellations All advanced sums, or advanced -'' payments for services shall be forfeited if, through the fault or action of the USER, the EVENTS are not held on the dates and times contracted. 12. 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 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(S). 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. 13. Admission and Tickets: All entry to the FACILITY on the EVENT dates shall be by ticket only, purchased at the full ticket price established by USER, except for employees of USER and CITY whose presence is required for the presentation of the EVENT who have received passes issued by USER, or as otherwise provided by this Agreement. Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies, and the CITY's ticket surcharge. All admission tickets must be printed by a bonded printer if feasible and listed on a ticket manifest. The manifest shall be presented to the DIRECTOR or designee, and USER will prepare a complete box office statement of all admission tickets sold or distributed as complimentary tickets. 14. Complimentary Tickets: CITY shall permit USER to utilize a maximum of 5% of the total authorized tickets printed for each EVENT as complimentary Tickets for promotional purposes. USER shall furnish to the DIRECTOR fifty (50) complimentary tickets for each EVENT for the purpose of promoting the CITY and the FACILITY for future events. All complimentary tickets issued in excess of the 5% limitation shall have a value equal to the average ticket price offered for sale to the public and shall be included in the calculation of gross ticket sales for determination of the USE FEE as described in Paragraph 1 of this Agreement. 7-1 18. 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 01. EVENT. Subject to the foregoing, USER agrees to accept said f` FACILITY in an "as is,, condition at the start of the USE PERIOD. 19. Uti13ties, Items Furnished by CITY: CITY agrees to furnish, _ at its expensa, except as may be otherwise provided herein, electricity for ordinary use, water for all reasonable purposes, restroom supplies and nothing else. 20. Restriction for Playing Field: USER agrees to restrict all N 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. 21. 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 r 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. fr 22. 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. 23. 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. 24. Ogcu2ational License: Any and all required occupational = license(s) for USER's commercial activity or that of its agents shall be secured by USER from the CITY's Tax and License Division, Treasury Management, 3006 Aviation Avenue, Miami, Florida. Said license(s) shall be presented to the DIRECTOR, or designee, prior to the start of the AGREEMENT TERM and shall be attached to this agreement. Said license(s) are required in accordance with Chapter 31 of the Code of the City of Miami. 25. EVENT Staff and Supplies Furnished by USER: USER shall furnish, at its sole cost and expense, ticket sellers, ticket _takers, and ushers. USER shall consult with the DIRECTOR or designee to ensure that staffing levels for such personnel are adequate to handle attending crowds. USER shall also furnish, at its sole cost and expense, all game officials and gamefield personnel, and all supplies and consumable goods for the sideline areas, locker rooms, game officials' room, including without limitation, ice, soft drinks, towels, and soap. 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. 27. Union Rgguirementst 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. 28. 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 fire permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department manpower requirements for each 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. 29. 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(S). USER shall be responsible for the direct payment of designated Police and security services upon the conclusion of each 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. 30. Clean-up and, Dismantle: a. USER agrees to pay directly for the cleaning contractor to cleanup the FACILITY after each USE PERIOD (EVENT day) 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 cleaning. The disposal of the trneh from the FACILITY may only be performed by the CITY's Solid Waste Department. b. USER agrees to tear down and remove all USER effects immediately after the last EVENT has ended, and shall be completed not Later than twenty-four hours after the - conclusion of the last EVENT. The DIRECTOR or designee may allow USER's effects to remain at the FACILITY overnight between USE PERIODS when such use is authorised for consecutive days. When USE PERIODS are R authorised for consecutive days, USER effects shall be removed on the last day in accordance with this ":.provialon. w 31. Removal -of .USER._Effectat The CITY reserves the right to remove from the premises all USER effects remaining in or on the grounds of the FACILITY and/or STADIUM after the end of each USE PERIOD at the expense of the USER, or the CITY may charge storage, at the rate of $1,000 per day, for each day or part of a day that said effects remain in or on the grounds of the FACILITY and/or STADIUM after the end of each USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. 32. Parkins: 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, and 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 each game to be distributed by USER to all press, VIPs, sponsors, players, coaches, officials and USER's staff. 33. 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 and 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. 34. 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. 35. Risk of Loss: The CITY shall not be liable for any loss, injury or damage to any personal property or equipment of the USER, or anyone whomsoever, during any times the premises are under the control of and occupied by the USER. All personal property placed or moved on the subject 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 on the FACILITY during the USX 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, .36, Jaggraagal Liability insurance is required of USER and is to+e cleared through the office of the 01TY's R,sk ag+ nt Division, insurance Coordinator, 17�4 E, Fl,�gler Stroot, Seventh Floor, Miami, Florida, 33131, telophont- 372. ,, , 4515. The insurance policy must be endorsed to name the CITY as an additional insured. No qualification of the additiona insured provision is permitted. The limits and types of liability coverage and the company affording coverage must be acceptable to the CITY in terms of Management Classification and Financial Category ratings as stipulated by the latest issue of Best's Key Rating Code. The CITY is to be provided with a copy of such insurance policies and a certificate of same. 37. 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. 38. 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. 39. 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. 40. Nondiscrimination: USER shall not discriminate as to race, sex, color, creed, handicap or national origin in connection with its performance under this Agreement. 41. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 42. 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. 43. agaassignmgThis Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 44. 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. 45• , No amendments to this Agreement shall be binning 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 ATTEST: Corporate Secretary APPROVED AS TO INSURANCE: THE CITY OF MIAMI, a municipal corporation of the State of Florida: Cesar H. Odio, City Manager USER: Mundial Sports Group, Inc., a for -profit Florida corporation (signature) (print name and title) (SEAL) APPROVED AS TO FORM AND CORRECTNESS: n Segundo Perez Jorge L. Fernandez Insurance Coordinator City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: 'Tony Pajares, Director Department of Conferences, Conventions and Public Facilities l e i F E, 1 b 0A .};;t^P4 ..,,'J" y{r t 3 tt 44` LP$,}3i"',5 ifs ' 15" agg­ 5 CORPORATE RESOLUTION WHEREAS, the Board of Directors of MUNDIAL SPORTS.GROUB, a desires to enter into an agreement with the CITY of Miami for use of a portion of the ORANGE 13OWL STADIUM; and AN WHEREAS, the Board of Directors of MUNDIAL SPORTS_ GROUP. INC., 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 MUNDIAL SPORTS GROUP. 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 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. IN WITNESS WHEREOF, this day of , 199 _ CHAIRMAN, Board of Directors By (Signature) Print or Type Name Attest: (SEAL) Corporate Secretary Signature Pr .nt o r Type Name EXHIBIT 1 t eiv 18� tax+' ... ,,, tb _t w, ....-.r. _., :r. .. _ .. -" ... tr:•c-„...-...,...= . ._. _.._. .. - - -_ CITY OF MIAMI, FLORIDA 1-5-- INTER -OFFICE MEMORANDUM � Honorable Mayor and Members DATE : JAN FILE •of the City Commission SUBJECT : Resolution establishing fees for Mundial Sports Aw Group, Inc. FROM : REFERENCES; Cesar H. Odio ENCLOSURES: City Manager It is respectfully recommended that the City Commission adopt the attached resolution establishing special charges, terms and conditions for the use of the .Orange Bowl Stadium by Mundial Sports Group, Inc. for the presentation of a series of soccer games during the period February 1, 1991 through February 28, 199.2. The legislation would also authorize the City Manager to execute an agreement with this organization for this purpose. BACKGROUND: The Department -of Conferences, Conventions, and Public Facilities has been working with Mundial Sports Group, Inc. to complete arrangements for the presentation of major soccer events at the Orange Bowl Stadium. This organization has offered to present a minimum of four (4) international matches during a one year period. The first two of these events, the 1991 Miami Cup, are scheduled for February 1 and 3, 1991. With attendance estimated at'10000 to 15,000•per game, only one-half of the stadium will be used. 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 Mundial Sports Group which delineates the various charges, terms and conditions for said use. Mundial has agreed to pay a minimum guarantee of $2,500 per game against 10$' of gross admission sales receipts up to a maximum of $5,000 per game. Mundial will also cover all applicable surcharges, personnel and operating expenses for each event. 04 t5--1 �I -L