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Home My WebLink AboutR-77-0624RESOLUTION NO: 11-624 A:RESOLUTION AUTHORIZING TEE CITY MANAGER '•• 11'101.8N'ITR INTO AN AGREEMENT BETWEEN THE CITY MIAMI AND STAR ENTERTAINMENT COMPLEX, INC4, TO PROVIDE ADVERTISING AND PROMOTIONAL ACTIVITIES.. TO STIMULATE THE USE OF THE CITY OF MIAMI/8 PUBLIC FACILITIES BY DEVELOPMENT OF APPROPRIATE NEW EVENTS FOR PRESENTATION AT THOSE FACILITIES-. ••• URERtAS, the City of Miami has advertised for proposals provide advertisinr and promotional activities that will stimulate use of the City o Miami's public facilities, and therefore increase City revenue from these facilities, by development of appropriate new events for presentation at those facilities; and •:: WHEREAS, the proposal from Star Entertainment Complex , -,Ind. was the only proposal received; and WHEREAS, the City Commission adopted Resolution No. 17-481i, approving in principle the above proposal; and WHEREAS, the • payments- to Star Entertainment.,CoMpleXT.' • - • . • • . . . - • : - • . will be frorn revenUe•generated:-.from new productions introduced by . . . . • • . • . • • . . , - , • • . • 'them; . • - - • • •. • .40wTHEREFORE }3E TC RESOLVED BY THE COMMISSION OF. TRE. CITY OF MIAiT, FLORTDA: •-•-•-•• • Section 1, That-the."CitYY:Managerv.ishereby authorized to enter into an agreement between the City of Miami and Star Entertainment Complex, Inc, to provide advertising and promotional activities to stimulate the use of the City of Miami's public facilities by development of appropriate new events for presentation at those PAssp AAD ADOPTED this 28. Oar: of JULY 1977 0!V1U CM"; CLERK "DOCUMENT INDEX ITEM NO. • MAURICE A. FERRE MAURICE A. j'ERF.H M A Y 0 h CITY COMMISSION MEETING OF JUL 2 8 1977 k 7 7 - 6 2 II/SOLUTION Q. REMARKS: ..... ............. 4 PREPARED AND APPROVED BY; MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY APPPV,I) A:!D CORft-n-CVIESS • t7 - (117 tATE F. KNOX, JR. IT., A=CRNEY # " i•Or!!L 0077-624 0 MEM MEM Joseph R, rrasse City MnnaE;er R. L. fnning, Director Dena ,ment of 'ublic Facilities July 22 1977 t:. Resolution authorizing the City Manager to enter into agreement With Star Entertainment Complex, «,•. _,_=t..:<. Inc e i) Copy of draft resolution 2) Copy of draft agreement At its June 3, 1977 meeting, the City Commission passed and adopted Resolution No, 77- 84, approving; in principle Lo adver- tising proposal of Star Entertainment, Inc.,Inc ` providesp of and promotional activities to stimulate the � the City''s Public Facilities by development o� appropriate new events for presentation at those facilities, and authorized the City Manager to prepare a contract for said service between the City and Star - Entertainment Complex, , Inc. for review and action thereon by the Commission. Funding for this service will be derived from proceeds generated from, new productions introduced by Star Enter- tainment Complex, Inc. r� „t of Public Facilities recommends the adoption The Department tt,bli_ : ac�l' of the attached reso1 tion authorizin " the City Manager to enter into the attached agreement between the City of Miami and 2tar Entertainment Complex, Inc. Law Department 4 ACf,[iC mEiirl_ HIS AGAEEME 1T4 made this by and betbteeti the CITY OF P IAMI, t Municipal corporation of th,2 of FlOrida, hereinafter called "CITY" and STAR ENTERTAINMENT • tOMPLEX, INC., 9300 South Dadeiand Boulevard, Penthouse 700, Miami, Pia hereinafter called "AGENT." WITUES ET Ii: WHEREAS, the CITY desires to engage the services of firm with demonstrated experience, contacts and expertise to acquire appropriate new cultural and entertainment events and thus increase revenue to the CITY at the Miami Orange Bowl Stadium, Commodore Ralph Munroe Stadium, Dinner Key Exposition Hall, Bayfront Park Auditorium and Miami Baseball Stadium; and WHEREAS, it is the CITY'S desire that the AGENT be retained on a one-year basis: NOW TIHEREFORi, the CITY and the AGENT, under the terms and conditions hereinafter set forth, agree and covenant, one unto the other as follows: SECTION I - DEFINITIONS I. CITY is hereby defined as the City of Miami, Florida. II. CITY MANAGER is hereby defined as the City. Manager City of Miami, Florida. III. AGENT is hereby defined as Star Entertainment Complex, Inc., 9300 South Dadeland Boulevard, Penthouse 700, Miami, Florida 33156. IV. CITY FACILITIES day or Orange Bowl Stadium, Key Exposition Hall, Bayfront Park Auditorium and Miami Baseball Stadium. is hereby defined as the Miami Commodore Ralph Munroe Marine Stadium, Dinner V. PUBLIC FACILITIES DIRECTOR is hereby defined as the Director of the Department of Public Facilities of the City of Miami, Florida. td in these catnpair;tts will, however) be sub.jeet to the pproval of the PUBLIC FACILITIES DIRECTOR prior to mailing) publication or any other VISO. in this rerrard also, reasonable expenses related to the above campair':ns ( such as a dedicated telephone line to contact and receive calls from promoters, agencies and events; the costs of producing mailers and/or brochures) advertising; throurh trade papers, mail expenses, etc.) shall be itemized and approved by the CITY prior to the actual expenditure Commitment, invoices for same to be submitted to the CITY and paid CITY, V. AGENT shall attempt to attract the follOwing types of CITY FACILITIES: Theatre productions; including Broadway plays, children's theatre and closed circuit television broadcasts. Filming for motion pictures, television and commercials. Expositions such as World and State Fairs and circuses. Special sporting; events such as Basketball, Motorcycle Shows, Softball, Weight Lifting, Rowing, Karate, Tennis, Bowling, Chess, Backgammon, Track and Field, Horse Shows, Gymnastics, Boxing, etc. Special events such as Billy Graham, Oral Roberts, Jehova's Witnesses, etc. Rock•, Fop, Folk and Jazz Concerts. Any other event consistant with the applicable ordinances, resolution, etc. of the CITY. AGENT may act as a promoter for special events only; and only with CITY MANAGER'S approval. When AGENT acts as the promoter, he shall waive the percentage fee and only receive the financial rewards of the event alone, If, however, any event attracted by AGENT requests and receives free facility rental from the City Commission of the CITY, then AGENT shall receive no percentage fee for acquiring that event. SECTION III - COMPENSATION FOR SERVICES I, AGENT shallreceive a monthly draw of one thousand (0 .,000), payable no later than the tenth day of each Af_'r_i Ei 1Ei T117 AGREEMENT made this and between the CITY Or MIAMI, a Municipal Corporation of th State of Florida, hereinafter called "CITY" and STAR ENTERTAINMENT C0I1PLEX, INC,) 9300 South Dacleland Boulevard; Penthouse 700, Miami, 41a s j hereinafter called "AGENT." wITii'ESSETII WHEREAS) the CITY desires to engage the services of a firm with demonstrated experience, contacts and expertise to acquire appropriate new cultural and entertainment events and thus increase revenue to the CITY at the Miami Orange Bowl Stadium, Commodore Ralph Munroe Stadium, Dinner Key Exposition Hall, Bayfront Park Auditorium and Miami Baseball Stadium; and WHEREAS, it is the CITY'S desire that the AGENT be retained n,a one-year basis: NOW THEREFORE, the CITY and the AGENT, under the terms and conditions hereinafter set forth, agree and covenant, one unto the other as follows: SECTION I - DEFINITIONS CITY is hereby defined as the City of Miami, Florida. I. II. CITY MANAGER is hereby defined as the City. ManagerME owl City of Miami, Florida. III. AGENT is hereby defined as Star Entertainment Complex, Inc., 9300 South Dadeland Boulevard, Penthouse 700, Miami, Florida 33156. IV. CITY FACILITIES is hereby defined as the Miami Orange Bowl Stadium, Commodore Ralph Munroe Marine Stadium, Dinner Key Exposition Hall, Bay I'rotit Park Auditorium and Miami Baseball Stadium. s, V. PUBLIC FACILITIES DIRECTOR is hereby defined as the -:Eirector of the Department of Public Facilities of the City of Miami, Florida, I: AGENT shall have the exclusive privilege of adtiVely otloting and acquiring appropriate new cultural and entertainment eVehts for CITY FACILITIES) and snail be the sole representative Contracted by the CITY for this purpose. This shall not, however, preclude the CITY from contracting for events directly with other Agents or Promoters, II. AGENT will be expected to familiarize himself with CITY FACILITIES, ordinances, resolutions, application forms, contracts and rules and regulations; and to conduct his activities within the framework of these documents (copies attached) and after consideration of the physical constraints and geographical locations of the said CITY FACILITIES. With regard to arrangements for facility functions acquired by AGENT he shall actively engage him- self, cooperatively with the facility manager, in event preparations and activities such as staging, internal security, external security, maintenance, electricians, box office, ticket takers, first aid, concessionaires, etc. AGENT may propose, in writing to the PUBLIC FACILITIES DIRECTOR, those changes to the CITY'S procedures and governing documents which he considers appropriate and in the interest of improved management and/or administration. AGENT will attend a representative sample of all types of events t all CITY FACILITIES. III. AGENT shall execute no contracts with regard to the of CITY FACILITIES for any event. The final decision with regard to the appropriateness and acceptability of an event shall rest with the PUBLIC FACILITIES DIRECTOR. All contracts for the of CITY FACILITIES shall be executed by the CITY MANAGER or his authorized representative. The CITY MANAGER reserves the right to accept or reject any event acquired and offered by AGENT. TV. AGENT shall devise, coordinate and administer an effective and intelligent campaign which will provide increased exposure for CITY FACILITIES throuh trade papers, mailouts, agencies and promoters, Written material and/or pictures to be Utilized to these caini aigno will) noweVers be subject to the alp roVal of the PUBLIC FACILITIES DIRECTOR priori to mailihr 3 publication or any other use. In this re►r-.ird :also, reasonable ekpenses related to the above carnpaitrns (such as a dedicated telephone line to contact and receive calls from promoters, agencies and events; the costs of producing mailers and/or brochures) adVertising throe h trade papers, mail expenses, etc.) shall be itemized and approved by the CITY prior to the actual expenditure commitment, invoices for same to be submitted to the CITY and paid by the CITY. V, AGENT shall attempt to attract the following types of CITY FACILITIES: Theatre productions; including Broadway plays, children's theatre and closed circuit television broadcasts. Filming for motion pictures, television and commercials. Expositions such as World and State Fairs and circuses. Special sporting; events such as Basketball, Motorcycle Shows, Softball, Weight Lifting, Rowinfr, Karate, Tennis, Bowling, Chess, Backgammon, Track and Field, Horse Shows, Gymnastics, Boxing, etc. Special events such as Billy Graham, Oral Roberts, Jehova's Witnesses, etc. Rock•, Pop, Folk and Jazz Concerts. Any other event consistant with the applicable ordinances, resolution, etc. of the CITY. AGENT may act as a promoter for special events only; and only with CITY MANAGER'S approval. When AGENT acts as the promoter, he shall waive the percentage fee and only receive the financial rewards of the event alone. If, however, any event attracted by AGhNT requests and receives free facility rental from the City Commission of the CITY, then AGENT shall receive no percentage fee for acquiring that event. SECTION; ITT — COMPENSATION FOR SERVICES I, AGENT shall receive a monthly draw of one thousand ($1,000), payable no later than the tenth day of each MEM MEM MEM • s 1 S c'otnpen atiot ageht ervices for the CITY r' IT, AGENT Shall t'rcrlv )erCent (17 e) of the CITY tS net rental revrhne (t.('tnr exP'nt3e4) derived from the revenue generated over and above the nro►int;ocher lterl in each CITY FACILITY (each CITY FACIL.TY wt1..L stand #,pa me froth ;il.1 others) during; the base period which is the twelve (1') month period immediately pre- ceding the effective date of this agreement. AGENT shall receive no percentage figure until the base period revenue of each CITY FACILITY has been quailed and surpassed. Further, the AGENT shall receive no money under this percentage provision until the amount paid to him under the monthly draw provision (SECTION III, Para- graph I, above) has been recovered by the CITY. "Net rental revenue" shall be defined as the rental revenue (excluding concession and parking revenue) received by the CITY as a result of the presentation of the new event; after the CITY has paid all direct costs associated with the event. llirect cost; shall include personnel (other than parking attendants and concession personnel) who are required to work only as a result of that particular event and who must be paid by the CITY rather than the event promoters; any cost of facility clean-up or crowd control (ushers, ticket sellers and ticket takers) which is paid by the CITY rather than event promoter; any significant, measurable,and above normal (for an event in that time period) use of CITY electricity or water; cost of any special security,construction, or other special events preparation which is borne by the CITY rather than the event promoter. The base event revenue is as follows: CITY FACILITY 12 MONTHS REVENUE Miami Orange Bowl Stadium 0 dollars (football not include Commodore Ralph (Munroe Marine Stadium $17,715 (boat races included). Dinner Key Exposition Hall S37,330 I3ayfront Park Auditorium $49,550 Miami i3aseball Stadium $134, 228 (baseball not included Ifs the event that any dates are booked by AGiE ► during the period Of this Agreement for events w lich tii1 occur within one year artet the expiration of the Agreement) then rental for those events on the shown herein. If rental rates at AGENT sail redeive his percentage the base event revenue are 'raised or loWered by the CITY) then it is agreed that the affected ° base revenue figure(s) shown above shall be adjusted by a percentage which equates to the increase or decrease of rental rate. III. After recovery of the outstanding; draw amount, CITY shall pay AGENT his compensation percentage Within fifteen (15) working days -of the final performance of that event acquired by AGENT. SECTION TV - TERM n? AGENT'S SERVICES ICES The term of this Agreement shall be one (1) year and AGENT agrees to commence operations immediately upon execution hereof. The CITY and AGENT retain the right to terminate this Agreement at any time without penalty of further liability to the CITY or AGENT and, • in that event, termination of this Agreement shall be in writing to the other party with thirty (30) days notice prior thereto. SECTION V - EXTENT OF A(i711',I:E' iv T This Agreement represents the entire and integrated agreement between the CITY and the AGENT and supersedes all prior negotiations, representa- tions or agreements whether written or oral. This Agreement may be amended only by written instrument signed by both CITY MANAGER and the AGENT. SJ C T FO J VI - arOCE;?:3OiiS AND ASSIGiNS AGENT shall make no assignment of transfer of the Agreement; or sublet, assign or transfer any part of his agreed services under this Agree- ment without written consent of the CITY. IN WITNESS .S TIIEREOP , the parties hereto have individually and through their proper corporate officials executed this Agreement, the day and year first set forth, Lee LaWrence President Star Entertainment Complex, Inc. The CITY OF MIAMI, a municipal corporation of the State•of Flor' Attest: city Clerk Approved as to contents':. Approved as to form and correctness: