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HomeMy WebLinkAboutReso 2008-1232 RESOLUTION NO. 2008- I ~ 3;1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT IN SUBST ANTIALL Y THE SAME FORM, WITH OFFSHORE SUPER SERIES POWERBOAT RACING ASSOCIATION (OSS), FOR OFF-SHORE POWERBOAT RACES IN SUNNY ISLES BEACH SCHEDULED JUNE 21-22, 2008, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND DOLLARS ($125,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to present off-shore powerboat races from Saturday, June 21,2008 through Sunday, June 22, 2008 to coincide with the City's 11 th Anniversary Celebration; and WHEREAS, the Offshore Super Series Powerboat Racing Association (OSS) services and promotes the sport of Offshore Powerboat Racing and the individuals, firms corporations and other business entities who participate therein and is an organization formed for the purposes of the promotion, development, organization and operation of powerboat racing events under the name of ass; and WHEREAS, the OSS and the City are desirous of entering into a mutually beneficial agreement whereby OSS members, boats and crews shall participate in the race; and WHEREAS, the City wishes to enter into an agreement with Offshore Super Series Powerboat Racing Association (OSS) for off-shore powerboat races in the City from Saturday, June 21,2008 through Sunday, June 22, 2008, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The agreement, in substantially the same form, with Offshore Super Series Powerboat Racing Association (OSS) for Off-Shore powerboat races in the City from Saturday, June 21,2008 through Sunday, June 22, 2008, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R200S- Agrmt OSS Powerboat Racing Assn Page I of2 Section 3. Authorization of City Attorney and City Manager. The City Attorney and City Manager are hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21 st day of February 2008. ATTEST: ~. J -.....1.-.- Jane . Hines, CMC, City 'Clerk APPROVED AS TO FORM AND G SUFFICIENCY: Vote: Y -0-1 Mayor Edeicup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scho II I\L \,./(Y es) Y1o~(Yes) \.../(Y es) v(Yes) ---1L1Yes) R200S- Agrmt OSS Powerboat Racing Assn Page 2 of2 Moved by: Seconded by: _(No) _(No) _(No) _(No) _(No) CO~~~~21t\) ~ ~ C;OOt.)h\4#J CITY OF SUNNY ISLES BEACH AND OSS POWERBOAT RACING AGREEMENT CONTRACT NO: C0708-028 :filHIS AGREEMENT (Agreement) is entered into this L3-- day of fJ. '{t( L , 2008, by and between the City of Sunny Isles Beach, a municipal corporation of the state of Florida ("the City") and the Offshore Super Series Powerboat Racing Association ("OSS"), a corporation duly formed and existing under the Not for Profit Corporation Laws of the State of New York. RECIT ALS WHEREAS, OSS has as its purpose servicing and promoting the sport of Offshore Powerboat Racing and the individuals, firms, corporations and other business entities who participate therein and is an organization formed for the purposes of the promotion, development, organization and operation of powerboat racing events under the name of OSS; and WHEREAS, OSS and the City are desirous of entering into a mutually beneficial agreement whereby OSS' members, boats and crews shall participate in the race. NOW THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Payment: The City agrees to pay to OSS an amount not to exceed $125,000 (One Hundred and Twenty Five Thousand Dollars) for the powerboat race scheduled for Saturday, June 21,2008, through Sunday, June 22, 2008 ("Race"). (a) City's Responsibilities: The City's responsibilities for this Agreement shall be limited to an amount not to exceed $125,000 (One Hundred and Twenty Five Thousand Dollars). The City's costs in the amount of $125,000 includes all police, safety, rescue and all other City services that may be required for the safe operation of the Race. Included within the $125,000 paid to OSS are the following specific costs: (1) $30,000 (Thirty Thousand Dollars) in association fees; (2) $50,000 (Fifty Thousand Dollars) in cash prize fees; (3) $10,000 (Ten Thousand Dollars) in television fees; (4) $35,000 (Thirty Five Thousand Dollars) in operational costs to produce the Race consistent with customary standards of the City, including all rentals, services, safety and security personnel. All City costs associated with police, safety, rescue and all other City services, including regular pay, overtime pay, etc. shall be provided in kind by the City. In addition to the $125,000 payments referenced above, the City shall be responsible for the following fees/in kind services: (1) the production of six (6) thirty second commercials for purposes of advertising the local race site, and any additional commercial spots at a cost of $1,500 (One Thousand Five Hundred Dollars) per additional commercial; (2) Non-paid advertising for press releases and local advertising; (3) space at event sites by the City, provided C0708-028 ass Powerboat Racing Agreement 1 ~( City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax said areas may be located in the City; and (4) Facilities, Race Areas, Registration and Meeting Rooms (if the space is allocated by Miami-Dade County and upon request from OSS). (b) OSS' Responsibilities: OSS shaH be responsible for the following fees and/or costs: (1) Registration and sanction fees; (2) Coast Guard permits and other necessary governmental permits and/or approvals; (3) Airing six (6) thirty second promotional commercials for purposes of advertising the local race site; (4) paid advertising for print media, television and radio broadcasts; (4) obtaining any approval and payment for on site properties located in Miami-Dade County; (5) Security to protect the areas that include the Racers Village or Dry Pits, Wet Pits or Launching Area; (6) Hotel Accommodation and Car Usage for use by OSS (in the event the City is unable to obtain in kind services from sponsors); (7) Additional transportation for use by OSS (in the event the City is unable to obtain in kind services from sponsors); (8) Insurance Requirements; (9) Medical, Patrol, Turn, Tow, Pace and Course Set Boats; (10) Race Course set up; (11) Medical and Safety Teams; (12) Race Officials; (13) Links on its website to include the City's website, and one revolving banner thirty (30) days before the event and thirty days afterwards for promotional purposes; (14) OSS Race Coordinator; and (15) Wrist Bands, weekend passes and/or credentials for the Race. 2. Registration and Sanction Fees. OSS shall exclusively and solely receive and retain all registration and entry fees in accordance with the rules, requirements and guidelines contained in the OSS Official Rule Book and/or its By-Laws. The City shall not be entitled to receive any registration or entry fees and shall not solicit or require the payment of fees from any member of OSS. OSS will determine, collect and retain all registration and entry fees for the Race. The City will not issue any Sanction fees for the Race and the City is not entitled to receive a Sanction fee from OSS or any other sanction body for the Race. 3. Term. This Agreement is for the Race scheduled for Saturday, June 21, 2008, through Sunday, June 22, 2008, and shall terminate at the end of said Race. The Race shall be scheduled to include the following: One (1) day of scheduled testing/qualifying/racing on Saturday, June 21, 2008. One (1) day of racing on Sunday, June 22, 2008, with a minimum of three (3) and no more than six (6) racing events. The times for both dates shall be from 9:00 a.m. to 5:00 p.m. or as otherwise agreed to in writing by the parties. The number of races and category composition of the races may be modified depending on the number of boats registered to race in each category, the construction of the race course and in the interest of the safety of the OSS' racers. The Chief Referee with the approval of OSS' Board of Directors will be responsible for the determination of the number of races and category composition or as otherwise required by applicable Federal, State or local laws or the laws of the State of Florida and/or licenses, permits and approvals to conduct the Race. 4. Association Fee, Prize Money and Trophies. The association fees and cash prize fee, totaling $80,000 (Eighty Thousand DoHars) are included in the total amount of $125,000 paid to OSS. C0708-028 ass Powerboat Racing Agreement 2 ~{ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (a) The City shall pay to OSS a $30,000.00 (Thirty Thousand Dollar) association fee. (b) The City shall pay to OSS a $50,000.00 (Fifty Thousand Dollar) cash prize fee. OSS shall provide trophies for the first, second and third place teams. The number of trophies may vary depending upon the number of race categories. However, there will be at least six (6) race categories and no more than ten (10) race categories. (c) The prize money and trophies shall be distributed to the winning teams at the awards ceremony in accordance with OSS' methods, procedures and policies or as otherwise determined in the sole discretion of OSS. 5. Television Fees. The City shall pay to OSS a $10,000.00 (Ten Thousand Dollar) television fee. The television fee is included in the total amount of $125,000 paid to OSS. 6. Operational Costs. The City shall pay to OSS $35,000.00 (Thirty Five Thousand Dollars) in operational costs to produce the Race consistent with customary standards of the City, including all rentals, services, safety and security personnel at a level acceptable to the City. The operations costs are included in the total amount of $125,000 paid to OSS. 7. follows: Payment Schedule. The City shall pay the above referenced fees and costs as (a) $10,000.00 deposit due within ten (10) days of execution of this Agreement towards the OSS association fee. (b) $10,000.00 shall be paid by City to OSS on or before May 1,2008. (c) The balance of the association fee of $10,000.00 as well as the $10,000.00 television fee shall be paid by the City to OSS on or before June 1, 2008. (d) The prize purse of $50,000.00 shall be paid by City to OSS on or before June 20, 2008. (e) The $35,000.00 in operational costs shall be paid by City to OSS as follows: $17,500.00 shall be paid by City to OSS on or before May 21, 2008, and the remaining $17,500.00 shall be paid on or before June 30, 2008. 8. Coast Guard Permits and Other Necessary Governmental Permits and/or Approvals. The City shall (a) work with OSS Director of Race Control to make prompt application to the Coast Guard and any other necessary governmental agencies to obtain permits and other approvals required for racing on Saturday, June 21, 2008, through Sunday, June 22, 2008 from 9:00 a.m. to 5 :00 p.m. on both dates, or as otherwise agreed to in writing by the OSS, (b) furnish accurate and complete information regarding the Race, as required, (c) pursue such application(s) with diligence, (d) cooperate in good faith with the Coast Guard and any other necessary governmental agencies to obtain such permits and approval(s) and (e) promptly give notice to OSS in the event that any information regarding the Race is required to be submitted C0708-028 ass Powerboat Racing Agreement 3 ~{ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax by OSS. OSS hereby agrees to cooperate with City and City shall comply with all requirements of the Coast Guard and any other governmental agencies for such permits and/or approval(s) and shall furnish OSS with a copy of said applications and a copy of said permits and/or approvals promptly after receipt thereof. OSS shall provide the Coast Guard or any government agency with any documents, information and any other relevant requirements including but not limited to its safety plan and race course information. In addition, the OSS shall attend and/or conduct preliminary meetings with the Coast Guard and/or any such government agency, if necessary. 9. Production Materials and Media Coverage. For promotions pnor to the Race, OSS shall provide the following: (a) Television. The City shall have the right to the airtime of six (6) thirty second promotional commercials for purposes of advertising the local race site, at no additional cost to the City. The production costs of the six (6) thirty second commercials will be at the expense of the City. Any additional commercial spots shall be at a cost of $1,500.00. The City shall exercise this option as soon as reasonably practicable but no later than ninety (90) days prior to the event. All costs in producing the commercial(s) shall be the responsibility of the City. OSS will offer fifteen (15) seconds to City for local narration, sponsorship and event signage. All logos and event narration is to be provided to OSS in proper formats by City six (6) days prior to event. (b) Radio. OSS will provide a general narration template to be used in all radio ads. All radio ads produced by radio stations will be sent to OSS for final approval. (c) Print. OSS may supply general specifications and art template to be used in all print ads. All print ads will be reviewed by OSS for final approval. (d) The City will provide press releases and local advertising at its sole expense. However, any paid advertising will be the responsibility of OSS. The advertising shall be done in print media and with television station affiliated with a major network, two (2) top forty radio stations in major markets nearest to the OSS Race and one (1) major newspaper. Advertising and Race promotions must take place a minimum of thirty (30) days prior to the Race. (e) Press releases, promotions and advertising are to take place at least thirty (30) days prior to the event. OSS shall concentrate on promoting the event through the use of press releases, promotions and advertising during the final two (2) weeks before the event. (f) All promotional materials must include the official OSS logo and the official City logo. OSS shall receive one (1) full page in the event program. The City must notify the OSS National Headquarters of the deadline to submit said page. OSS shall provide, subject to customary standards and practices, a one (I) hour tape delayed show of the event on a national television network of its sole discretion featuring the City of Sunny Isles Beach and its local sponsors provided that the City pays the $10,000.00 television fee. The television fees is C0708-028 ass Powerboat Racing Agreement 4 ~( City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax included in the total amount of $125,000 paid to OSS. OSS has the sole discretion and authority to negotiate television coverage, to select a production company to produce the show and to determine the content of the show and advertising allotments. OSS will include selected in-show highlights of the Race in the telecast. In the event that the OSS is not able to provide television pursuant to this subparagraph (e), OSS sole liability is to refund the television fee. (g) The City agrees that OSS shall, at all times, retain the sole and exclusive worldwide media, broadcast or publication rights, title, interest and associated good will in and to the Race and its associated OSS' logos, and to all contents comprising the media, broadcast or publication coverage, without limitation, the exclusive right to permit or authorize any person, firm, entity or corporation to take and make use of any still photograph, motion picture or television recordings in respect thereof. The Race and its sponsors may use photos for brochures and print media for promotion of the race. If this Agreement is not renewed, photos of OSS may not be used in future promotions. 10. On Site Properties OSS will be provided the following space at event sites by the City, provided said areas may be located in the City: (a) 40 x 40 Area for Reserved OSS V.I.P. tents; (b) 40 x 40 OSS wet pits promotional area; (c) OSS dry pits promotion area 40 x 40; (d) Full product sample privileges; (e) Ten (10) OSS display installations at lOx 10 each; and (f) Winners circle and podium exclusive to OSS sponsors. To the extent any or all of the areas indentified in subparagraph (a) through (f) above are located in Haulover Park, Miami Dade County, OSS is responsible for securing the respective area(s) from Haulover Park, and obtaining the requisite approval from Miami-Dade County. In addition, OSS is responsible for any associated fees. 11. Facilities, Race Areas, Registration and Meeting Rooms. The City shall provide certain specific designated areas for the location of the racing event, facilities and meeting rooms (assuming said areas may be located in the City) including but not limited to the following areas: (a) OSS Technical Inspection Area: The inspection area must be able to accommodate three (3) semi-trailers in addition to providing adequate area to enable these trucks to turn around without interference. (b) Wet Pits or Launch Site: The launch site shall include two (2) cranes, with a minimum weight capacity of 75 tons, for the launching and recovering of the race boats. Although the City shall provide the launch site area, OSS shall be responsible for payment of the C0708-028 ass Powerboat Racing Agreement 5 If City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax two (2) cranes. The cranes must be capable of lifting up to 15,000 pounds and reaching out to at least a water depth of 3.5 feet. The actual size cranes needed will be determined by the physical site of the proposed area. Both cranes are required to be located in the same area with adequate space for crews, staff, and boat transport equipment. Upon request from OSS, the City shall provide a minimum of four (4) volunteers and security for the crane area during race weekend and/or during all race activities. However, the cost to provide the volunteers and security for the crane area shall be at OSS' expense. The cranes shall be available on Saturday, June 21, 2008, for testing, qualifying, racing and/or for any kilo runs from 8:00 a.m. to 6:00 p.m. or as otherwise agreed to in writing and shall also be available on Sunday, June 22, 2008, race day from 9:00 a.m. to 6:00 p.m. or as otherwise agreed to in writing. Notwithstanding the aforesaid, should there be a delay in the Race, for any reason whatsoever, or should there be an accident or any race incident, the cranes must be available to stay as late as necessary to insure the safe removal of all OSS boats. Upon request from OSS, the City is to provide adequate lighting in the crane area for the safety and well-being of the public and for the safe removal of boats. Upon request from OSS, the City is to provide a portalet and shade at or near the crane area. However, the cost to provide the portalet and shade at or near the crane area shall be at OSS' expense. NOTE: These times may be subject to change depending upon Coast Guard permit, City permits and weather conditions. OSS shall provide specific needs including dates and times as they become available). (c) Boat Slips, Docks and/or Moorings: The City shall provide a minimum of fifteen (15) boat slips, docks and/or moorings for the race boats. (NOTE: OSS requirements for slips, dock and/or mooring may change. OSS shall provide reasonable notice to the City of its specific needs as they become available). (d) Racers Village or Dry Pits: OSS shall be responsible for securing adequate space and location for the area designated and known as "Racers Village or Dry Pits", to be located at Haulover Park, Miami-Dade County. The proposed area should be minimally at least 5 acres. The Racers Village or Dry Pits must be able to accommodate at least fifty (50) race boats, in an average size space of 80' x 30' their support trailers with a 30' awning, support vehicles and boats or a similar size area for hospitality at no additional charge to OSS. The Racers Village or Dry Pits shall be located within the event site in order to attract and allow spectators to view the race boats and their support vehicles. Boats to begin arriving at the Racers Village or Dry Pits on Wednesday, June 18,2008, and departing Monday, June 23, 2008. Boats will remain in Racers' Village during the racing event except during scheduled racing events, when boats are testing or boats which are assigned to promotions for sponsors, producers or OSS. Upon request from OSS, the City will provide at least two (2) volunteers for each day commencing Wednesday, June 18, 2008, to Monday, June 23, 2008, to assist the Race Village Coordinator or Operations Director. However, all associated costs in securing the Racers Village or Dry Pits area, including the costs to provide volunteers for each race day, shall be at OSS' C0708-028 ass Powerboat Racing Agreement 6 ff City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax expense. (e) Offshore Super Series Sponsor Midway area: OSS shall be responsible for securing adequate space at Haulover Park, Miami-Dade County, for the Offshore Super Series Sponsor Midway area, including but not limited to space for sponsor signage and booths for the OSS national sponsors. OSS will also provide a liaison for placement of signage and booths. (Currently four (4) 20x20 areas are needed, subject to change.) The City shall assist OSS is securing this Sponsor Midway Area from Miami-Dade County. However, all associated costs in securing said area shall be the responsibility of OSS. (t) Fueling Area: OSS shall be responsible for securing a fueling area at Haulover Park, Miami-Dade County, which must be located away from any of the public areas. OSS shall use its best efforts to provide the fueling area at the Dry Pits or Race Village. Fueling shall be provided by an official OSS fueling company or as otherwise agreed to in writing. OSS shall obtain all necessary permits and/or approvals for the fueling area, and shall assume responsibility for all costs associated with said area. (g) Registration: If the space is allocated by Miami-Dade County, the City shall provide adequate space and location for the Racers' Registration area. The area must be large enough for eight (8) 6ft tables in a "U" shape around the room with 8 chairs. A copy machine and outside phone line must be easily accessible. Space must be secured by locked door at night, if feasible. The City will make a good faith effort to obtain sponsors to defray the costs of the Registration area; however if the City is unable to do so, OSS shall be responsible for the associated costs. (h) Drivers' Meeting: The City will make a good faith effort to secure adequate space and location in the City for the Drivers' Meetings Area, to be set up theatre style for 300 people with overhead projector, screen, podium, and microphone. The City will also make a good faith effort to obtain sponsors to defray the costs of the Drivers' Meeting area; however if the City is unable to secure adequate space and location in the City for the Drivers' Meeting Area, and is also unable to obtain sponsors to defray the associated costs, then OSS shall be responsible for all associated costs. (i) Race Control: Upon request from OSS, the City shall provide adequate space and location for Race Control. Depending on logistics and course layout, space may be located in a hotel room, on a pier or a boat within 100 yards of the race course at the Start/Finish line. Proposed area must be able to support 15 persons. Space must be private and away from public eye. Basic requirements include three (3) 6ft tables and a suitable number of chairs, tent/awning, for pier and/or building top locations, and 110 volt AC power for computer from a regulated constant source. The City will make a good faith effort to obtain sponsors to defray the costs of the Race Control area; however if the City is unable to do so, OSS shall be responsible for the associated costs. U) Award Ceremony: The City shall provide adequate space and location for the Award Ceremony. The location of the award's ceremony must be approved by OSS in writing prior to the Race Event. OSS shall provide to the City its specific needs for the A ward Ceremony C0708-028 ass Powerboat Racing Agreement 7 fJ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax as it becomes available. (k) Swimming Pool: OSS shall provide thirty (30) days notice prior to the event to the City that it requires the use of a swimming pool (minimum 6' to 10' deep) in order that OSS may conduct the Racers' Water Safety Test. In said notice, OSS shall provide the City its specific needs including dates and times the pool needs to be available to conduct said tests as it becomes available. The City will make a good faith effort to obtain sponsors to defray the costs of the Swimming Pool area; however if the City is unable to do so, OSS shall be responsible for the associated costs. (1) Spectator, Guest and VIP Viewing Areas: The City shall provide adequate areas for spectators, guests and VIP viewing of the Race. OSS shall provide to the City its specific needs for viewing of the race event when they become available. The infrastructure for the Spectator and Guest Viewing Areas, if at the request of OSS, shall be at the expense of OSS. However, the City shall provide, if it so chooses, the infrastructure for the VIP Viewing Area. (m) Live Radio Broadcast: The City will make a good faith effort to secure an adequate area for live radio broadcasting during the Race and to also obtain sponsors to defray the costs of the live radio broadcasting during the Race. OSS will provide their own Radio announcers. OSS shall provide to the City its specific needs for viewing of the Race Event and equipment requirements when they become available. Typically the proposed area must have a 110 volt power, an internet connection and a phone line. However, in the event the City is unable to secure an adequate area for live radio broadcasting during the Race, or obtain sponsors to defray the costs of the live radio broadcasting; OSS shall be responsible for the associated costs. NOTE: OSS shall use its best efforts to prevent unauthorized broadcasting of the Race Event. All Radio Broadcast shall be approved in writing by OSS. To the extent any or all of the spaces and locations for the Racers Village or Dry Pitts, Wet Pits or Launching Areas, Cranes, Boat Slips, Docks and/or Moorings, Technical Inspection Areas, OSS Midway and fueling areas, Registration, Drivers' Meetings and Award Ceremony, are located in Haulover Park, Miami Dade County, the City and OSS will jointly work together in order to secure the respective areas from Haulover Park. However, any associated fees shall be paid by OSS, including any required police fees, as required by Miami-Dade County. 12. Security. OSS shall provide adequate security to protect the areas that include the Racers Village or Dry Pits, Wet Pits or Launching area. Security must be placed at all entrances, exits and gates in order to protect the race boats and ancillary support vehicles and any other property belonging to the OSS or its members. These areas shall be secured by 24 hour security. Adequate security must be provided in Race Village beginning at dusk on Wednesday, June 18,2008, through dawn on Monday, June 23, 2008. 13. Complimentary Hotel Accommodation and Car Usage. The City will make a good faith effort to obtain in kind services from sponsors to provide at least C0708-028 ass Powerboat Racing Agreement 8 f! City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax twenty (20) hotel rooms for use by OSS. However, if the City is unable to do so, then OSS shall be responsible for the associated costs. If OSS requires any of the rooms for more than six (6) nights, OSS will advise the City within a timely manner. Hotel rooms to be provided in no more than three hotels and located in close proximity to Race Village and Registration. OSS shall provide to the City its specific needs for such hotel rooms when they become available. The City will make a good faith effort to obtain in kind services from sponsors to provide one (1) full size 4 door pickup truck, five (5) full size SUVs and four (4) full size cars for up to six (6) days during the event. However, if the City is unable to do so, then OSS shall be responsible for the associated costs. OSS will advise the City if a site requires additional vehicles in a timely manner. 14. Additional Transportation. The City will make a good faith effort to obtain in kind services to provide at least three (3) golf carts for use by OSS Officials for three (3) days during the event. However, if the City is unable to do so, then OSS shall be responsible for the associated costs. 15. Insurance Requirements: OSS shall be required to obtain, at its own expense, insurance as specified in this section. OSS will not be permitted to commence work associated with the Event (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the City as specified below. OSS shall maintain the required insurance throughout the entire duration of the RACE and any extensions specified in any attached schedules. Failure to comply with this provision shall release the City of any obligation to compensate OSS. Further, any material misstatement in the application for insurance coverage shall release the City from its obligations to pay under this agreement. OSS shall provide, to the City, as satisfactory evidence of the required insurance, including (1) the insurance policy application and (2) either: Original Certificate of Insurance or Certified copy of the actual insurance policy. An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Risk Management Department of the City of Sunny Isles Beach prior to the Event. The insurance policy must state that the City of Sunny Isles Beach is the certificate holder and additional named Insured. If the required insurance coverage is not provided, the City shall be entitled to a refund of all deposits, fees and costs paid to OSS and the Race shall be cancelled. Insurance should be mailed to: City of Sunny Isles Beach C/O Risk Management Dept. 18070 Collins Avenue Sunny Isles Beach, FL 33160 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the City by the insurer. C0708-028 ass Powerboat Racing Agreement 9 f-( City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Acceptance and/or approval of OSS' insurance shall not be construed as relieving OSS from any liability or obligation assumed under this contract or imposed by law. The City of Sunny Isles Beach, Florida, its employees and officials shall be included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing to the City's Risk Management Department and must be approved in writing by the City's Risk Management Department. OSS shall furnish the City with a certificate evidencing the minimum insurance coverage required hereunder no later than thirty (30) days prior to the Race. Prior to commencement of work governed by this contract, OSS shall obtain General and Excess Liability Insurance. Coverages shall be maintained throughout the life of the contract and include, as a minimum: . $1,000,000.00 (One Million) in general liability insurance . $4,000,000.00 (Four Million) in excess liability insurance . $10,000.00 (Ten Thousand) in medical expense insurance - anyone person . $50,000.00 (Fifty Thousand) in excess medical insurance (secondary to primary insurance carrier) . $10,000.00 (Ten Thousand) in accidental death insurance, anyone occurrence . $500,000.00 (Five Hundred Thousand) in fire damage insurance - anyone occurrence Furthermore, OSS shall also require that all participants, competitors, racers and organizations involved in the Race to execute an Indemnification and Hold Harmless Agreement for the benefit of the City and OSS shall submit same to the City's Risk Management Dept. prior to the Race. 16. Indemnification and Hold Hannless. ass agrees to indemnity, hold harmless and defend the City, including its officers, agents and employees, from and against any loss, damage or expense (including all costs and reasonable attorney's fees) suffered by City from (a) any breach from ass of this Agreement, (b) any inaccuracy in or breach of any of the representations, warranties of covenants made by ass herein, (c) any claims, suits, actions, damages or causes of action arising during the term of this Agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of the use of the property by ass's agents, employees, invitees, and all other persons, and (d) any claims, suits, actions, damages or causes of action of any kind whatsoever arising during the term of this Agreement for any personal injury, loss of life or property damage sustained by reason of this Agreement, its execution and/or its performance by ass or the participants in the Race. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities under the doctrine of sovereign immunity and as set forth in Section 768.28, Florida Statutes. Notwithstanding the foregoing, ass shall not be responsible to indemnity the City, including its officers, agents and employees, from and against any loss, damage or expense (including reasonable attorney's fees) by reason or as a result of the sole negligence of the City, its officers, agents or employees. C070B-02B ass Powerboat Racing Agreement 10 ~( S , 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 17. Medical, Patrol, Turn, Tow, Pace and Course Set Boats. OSS shall provide a minimum of four (4) medical and ten (10) patrol boats for test only days. OSS shall provide a minimum of eight (8) medical, ten (10) patrol, one (1) turn boat per race course turn, and a minimum of 3 Pace Boats during race days. OSS shall work in conjunction with the City in securing a minimum of three (3) Pace Boats. The City may not sell, auction or promise rides or seats in any paceboat during the actual races. OSS shall be in total control of all paceboats, crews and times on the water during race days. The City may not sell the right to be a paceboat without the express written permission of OSS. There should be a minimum of two (2) tow boats for testing days, three (3) for race days at and at least one dedicated course set boat. All boats should be equipped with fixed mounted VHF radios. All committee boats are to have a flag at least 12"x 18" to identify it as an official race support vessel. Other equipment details for boats are contained in OSS' Race Handbook. 18. Race Course Set Up. OSS will furnish a vessel with a Captain and 2 additional crew members along with all supplies needed to set up the race course and spectator lines. This would include, but not limited to cement blocks, line for buoys, smaller 8"-12" "Crab Pot" style buoys for spectator lines. OSS will furnish at its own expense the turn buoys. Details of the course are located in OSS' Race Handbook. The OSS Chief Starter will assist with the course set up. 19. Medical and Safety Teams. (a) OSS shall provide, at its own cost, medical and safety teams including water rescue divers. (b) In addition to OSS' medical and safety teams, on Sunday June 22, 2008, OSS shall provide at least eight (8) EMT's and eight (8) certified medical divers with proper equipment as designated by OSS. On Saturday June 21, 2008, OSS shall also provide at least four (4) EMT's and four (4) certified medical divers with proper equipment as designated by OSS. (c) OSS shall provide two (2) helicopters to be used to transport the medical and safety personnel including EMT's and/or certified medical divers. Helicopters must be capable of carrying three medical and safety personnel with up to 40 lbs. of equipment each and reaching speeds of up to 100 knots. Models such as the Jet Ranger, A-Star, Twin Star, or Long Ranger are acceptable. OSS requires at least one (1) helicopter in the air for continuous coverage of all testing on Saturday June 21, 2008, and two (2) helicopters in the air for continuous coverage for racing on Saturday June 21, 2008 and Sunday June 22, 2008. The helicopters shall be available during official testing and racing hours. 20 Race Officials. OSS shall provide its own race officials including its Chief Referee, scorer(s), technician(s) and inspector(s) and other personnel deemed necessary to the operation and conduct of the Race. The City will make a good faith effort to secure local volunteers, assistants and/or committees to aid in the Race. C0708-028 ass Powerboat Racing Agreement 11 (it City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 21. Web Pages. OSS shall place a link on its official website to include the City's official website. OSS shall also provide one (1) revolving banner thirty (30) days before the event and thirty (30) days after the event to be utilized for the promotion of their choice. 22. OSS Race Coordinator. The OSS Director of Operations will make at least one site inspection 2-4 weeks prior to event date. The City will make a good faith effort to obtain in kind services from sponsors to provide lodging accommodations (usually 2-3 nights) for this visit. However, if the City is unable to do so, then OSS shall be responsible for the associated costs. Details of this trip will be coordinated between OSS and the City as they become available. 23. Wrist Bands. OSS shall provide all wrist bands, weekend passes and/or credentials for the Race. The wrist bands, passes and/or credentials shall be distributed in accordance with OSS' customary rules, regulations, methods, policies and procedures adopted by OSS and in compliance with insurance requirements. The City will provide any needed passes or tickets for spectators, local sponsors, local VIP's and/or non-participants. 24. Sponsorship. OSS and the City may recruit sponsors for the Race subject to the approval of the other. Approval of the parties shall not be unreasonably withheld so long as there is not a conflict with OSS or City sponsorship already in existence or other OSS or City arrangement or commitment already in existence. All promotional materials must also be approved by OSS in order to insure that there is no conflict with OSS' sponsors. A sponsorship package will be given to OSS for its official file. All use of the OSS logo or trade name or any other OSS promotional material must also be approved by OSS prior to its use. 25. Additional Events or Activities. The City may also arrange for other events or activities in conjunction with the event provided written approval is given by OSS and provided that said event or activity is covered under the OSS' general liability insurance policy or provided that OSS obtain additional or supplemental coverage for said event or activity and that City is provided with a copy evidencing proof of said coverage prior to entering into any contract concerning said event or activity. If OSS arranges for other events or activities in conjunction with the event, then OSS shall be solely responsible for the costs and other customary responsibilities of such events or activities. However, if the City arranges for other events or activities in conjunction with the event, then the City shall be solely responsible for the costs and other customary responsibilities of such events or activities. 26. Disclosure. OSS shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112, Miami-Dade County Conflict of Interest Ordinance Section 2- 11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated herein by reference as if fully set forth herein. OSS shall disclose to the City all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the City. C0708-028 ass Powerboat Racing Agreement 12 ~( City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 27. Public Entity Crime. "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a OSS, supplier, subOSS, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". By execution of this Agreement, OSS warrants that it is in compliance with this requirement. 28. Complete Agreement. The terms and conditions of this Agreement, together with any attachments and schedules attached hereto or referenced herein, constitute the final, complete, and exclusive understanding between the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral or written. 29. Arbitration and Mediation. The merits of any dispute arising under, out of, in connection with, or in relation to this agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association. If the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be held before the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection of a mediator, such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration, in which event the parties shall proceed to Arbitration in accordance with the previous paragraph. All costs of the Arbitration, including Mediation and the legal action to confirm and enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of Arbitration and Mediation as may be determined by the court on confirmation. 30. Construction. Whenever the sense of this Agreement requires, words of the singular number shall be construed to be plural and vice versa, and words of the masculine C0708-028 ass Powerboat Racing Agreement 13 ~{ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax gender shall be construed to be feminine and vice versa. 31. Original Documents. This Agreement shall be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument. 32. Amendment. This Agreement may be altered, amended or terminated only in writing signed by all of the Parties. All amendments or modifications of this Agreement shall be binding upon the parties despite any lack of consideration so long as such amendment or modifications are in writing and executed by the parties. 33. Merger of Agreements. This Agreement supersedes any and all prior agreements or contracts, whether oral or in writing, if any, entered into between the parties as of the date hereof, which agreements, if any, are merged herein. 34. Notice. Any notice required to be given hereunder shall be deemed duly given if mailed in any United States post office, by registered or certified mail, return receipt requested, or by messenger service or telecopy with acknowledgment of receipt. Such notice shall be effective on the date appearing on the return receipt. Notices shall be sent to the following addresses or to such other addresses as any party listed may designate in writing to all other parties: To OSS: Ron Polli 241 South Shore Dr. Toms River, NJ 08753 Copy to: June Connolly Goldson Nolan Connolly, Pc. 425 Broad Hollow Road, Suite 300 Melville, New York 11747 To City: City Manager and City Attorney City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, FL 33160 35. Waiver. The waiver of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of any subsequent breach by said party, unless otherwise expressly provided in this Agreement. 36. Severability. The terms of the Agreement are independent of and severable from each other, and neither this Agreement nor any provision shall be affected or rendered C0708-028 ass Powerboat Racing Agreement 14 ~( City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable, in whole or in part for any reason. The section and paragraph headings are for convenience only and shall not affect the meaning or interpretation of this Agreement 37. Assignability. This Agreement shall not be assigned in whole or in part except by written agreement of the parties. The terms of this Agreement shall be binding and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Nothing herein expressed or implied is intended to confer on any person other than the parties hereto any rights, remedies, obligations or liabilities under or by reason of this Agreement. 38. Events of Default, Termination of Agreement and Remedies. (a) The following shall constitute events of default: (1) Any material misrepresentations, written or oral, made by OSS and/or its representati ves; (2) Failure by OSS to timely perform and/or observe any of the terms and conditions of this Agreement; (3) Insolvency or bankruptcy on the part of OSS. (b) City, work Agreement. The occurrence of any event of default to the City may, at the sole option of the as an immediate and automatic forfeiture of any rights conferred under this (c) In the event that OSS default, the City shall have all legal remedies available to it, including but not limited to termination of this Agreement upon ten (10) days written notice to OSS. In the event of such termination, the City shall be entitled to refund of all deposits, fees and costs paid to OSS. 39. Uncontrollable Circumstances ("Force Majeure"): The City and OSS will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: (a) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration and continues to furnish timely reports thereto during the period of the Force Majeure; C0708-028 ass Powerboat Racing Agreement 15 f{ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (b) the excise of performance is of no greater scope and of no longer duration than is required by Force Majeure; (c) no obligations of either party that arose before the Force Majeure causing the excuse of performance are expected as a result of the Force Majeure; and (d) the non-performance party uses its best efforts to remedy its inability to perform. 40. Cancellation: In the event the Race is cancelled due to Uncontrollable Circumstances ("Force Majeure") as defined in Section 39 above, or by the occurrence of any other event beyond the control of the parties hereto, the City shall be offered a 100% credit by OSS for all fees and/or costs paid by the City to OSS, provided the Race is rescheduled to occur in the City within 6 (six) months of the originally schedule Race dates. However, in the event OSS does not reschedule the Race in the City within 6 (six) months of the originally schedule Race dates, the City shall be entitled to a 100% refund of all deposits, fees and costs paid to OSS. 41. Miscellaneous. (a) The City shall not enter into a similar contract or agreement with any other racing organization for this Race event unless agreed to in writing by OSS; (b) Each of the signatories by signing below certifies and warrants that they are empowered to act and execute this Agreement on behalf of the respective parties; and (c) It is expressly understood and agreed that this Agreement is for the duration of this Race event only and that OSS has no right or privilege other than that expressly provided herein. 42. Incorporation of Attachment "A" into Agreement: The City and OSS agree that Attachment "A" attached hereto and made a part hereof, fully covers the total costs of the Race paid by the City and OSS. OSS agrees that the total amount paid by the City to OSS shall not exceed one hundred and twenty five thousand dollars ($125,000.00), as set forth in Attachment "A". Any additional costs, other than those specifically outlined in Attachment "A", shall be the sole responsibility of OSS. C0708-028 ass Powerboat Racing Agreement 16 ff( City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. WITNESSES: OFFSHORE SUPER SERIES POWERBOAT RAC G A SOCIATION: ~" ~h~ \Bt2.A)JV~ Print BY: rW1/eItL E(ler1 f?, Print ATTEST CITY OF SUNNY ISLES BEACH ~,A~ Jane Hines, CMC, City Clerk BY: 'ITnart S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIE CY C0708-028 ass Powerboat Racing Agreement 17 ~( i\ TTACHMENT "N' Offshore Powerboat Race Budaet Item City Expense Possible In-kind OSS Expense OSS Fees ass Association Fee $30,000 Prize Purse $50,000 ass TV fee $10,000 Initial paid to OSS $90,000 Additional operational paid to OSS $35,000 Total paid to OSS $125,000 City Staff for event days $20,000 Total hard costs paid by City $145,000 Other optional costs event program design/production $5,000 Banners / city and sponsors $2,500 Commercial production * $20,000 Shuttles (parking) $500 Total $28,000 Other Costs per Contract Paid media (recommended) $0 $5,000 $5,000 Helicopters $0 $12,000 (1 on Saturday / 2 on Sunday) Insurance $0 $9,000 Cranes $0 $1,800 Boats $0 $0 $0 Car rentals $0 $6,500 $6,500 trophies $0 $3,500 permit fees $0 $500 tents $0 $2,000 lighting $0 $2,700 security $0 $704 Infrastructure at Haulover (dumpster, toilets..) $0 $1 ,964 meeting rooms $0 $5,000 $0 hotel rooms $0 $15,000 $0 course set up $0 County Staff (Police and Fire) $17,500 Haulover fees $11,735 Total other costs ~ $74.903 Total Possible In-Kind expenses $31.500 Possible revenues sponsorship $60,000 In-Kind donations (as listed above) $31,500 vip area (boat?) $0 concessions $0 parking $0 program ads $0 Total potential revenue $91,500 fl ~ TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City AI/orney Jane A. Hines, CMC City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Susan Simpson, Cultural and Human Services Director February 21, 2008 AGREEMENT WITH OFFSHORE SUPER SERIES FOR THE PRODUCTION OF AN OFFSHORE POWERBOAT RACE IN AN AMOUNT NOT TO EXCEED $125,000 RECOMMENDATION: It is recommended that the City Commission consider an agreement with Offshore Super Series Powerboat Racing Association (OSS) to produce an offshore powerboat race in Sunny Isles Beach on June 21 st and 22nd, 2008 in an amount not to exceed One Hundred Twenty Five Thousand Dollars, ($125,000). REASONS: The City Manager and I are in the process of negotiating an agreement with OSS to hold a powerboat race off the shores of Sunny Isles Beach. In the event an agreement cannot be signed by this meeting, the item will be pulled until all matters are agreed upon. Staff will make a good will effort to secure funding for this project through sponsorships, of which at least $45,000 has been secured to date, both in-kind and cash. Another $30,000 from the Special Events account that was allocated for fireworks will be used for this project. The remaining cash amount of up to $65,000 will require a budget amendment. Funding availablc: 10.0 2 - 2/-0~ Agcnda [tcm No.: Covcr Mcmo Oss Boat Racing Ah>mt Commission Mccting Datc: TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Lewis .1. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. .Iohn Szerlag, City Manager Hans Ottinot, City Allorney .Iane A. lIines, CI\IC City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Susan Simpson, Cultural and Human Services Direct February 21,2008 AGREEMENT WITH OFFSHORE SUPER SERIES FOR THE PRODUCTION OF AN OFFSHORE POWERBOAT RACE IN AN AMOUNT NOT TO EXCEED $125,000 UPDA TE: OSS has faxed a signed agreement; the original is in the mail. Attached for your information is a budget overview/estimate of that stated in the agreement. In summary, if approved, the City will be financially responsible for a total hard cost of $145,000; $125,000 paid directly to OSS and $20,000 in staff expense for a 2-day event. Additionally, depending on the level of sponsors recruited for this event, other costs for banners, programs, etc. at the discretion of the City may cost up to $28,000. All other event related expenses, including helicopters, Miami-Dade County fees, infrastructure, etc., will be the financial responsibility of OSS in an amount estimated at $74,903. To date, the City has the following funding available: $30,000 cash sponsor, $30,000 which was budgeted for the annual fireworks, for a total of $60,000. The additional hard cost of $65,000, as well as any optional costs, would require a budget amendment from the general fund providing no other sponsorships are secured. To be conmleted hI' Department Head To be completed bl' CiW Clerk's Oflice ~ 10.. . -. nA'\a..I I" I -..so Funding a\"ailablc: Apprm.al: Agenda Item No.: IO(j Finance Department City i\lanager 2-2.1-0<2 Commission i\lceting Date: rlleau Recommemooss Update 02210R Offshore Powerboat Race Budqet Item City Expense Possible In-kind OSS Expense OSS Fees ass Association Fee $30,000 Prize Purse $50,000 ass TV fee $10,000 Initial paid to OSS $90,000 Additional operational paid to OSS $35,000 Total paid to OSS $125,000 City Staff for event days $20,000 Total hard costs paid by City $145,000 Other optional costs event program design/production $5,000 Banners / city and sponsors $2,500 Commercial production * $20,000 Shuttles (parking) $500 Total $28,000 Other Costs per Contract Paid media (recommended) $0 $5,000 $5,000 Helicopters $0 $12,000 (1 on Saturday / 2 on Sunday) Insurance $0 $9,000 Cranes $0 $1,800 Boats $0 $0 $0 Car rentals $0 $6,500 $6,500 trophies $0 $3,500 permit fees $0 $500 tents $0 $2,000 lighting $0 $2,700 security $0 $704 Infrastructure at Haulover (dumpster, toilets..) $0 $1 ,964 meeting rooms $0 $5,000 $0 hotel rooms $0 $15,000 $0 course set up $0 County Staff (Police and Fire) $17,500 Haulover fees $11,735 Total other costs iQ $74.903 Total Possible In-Kind expenses $31.500 Possible revenues sponsorship $60,000 In-Kind donations (as listed above) $31,500 vip area (boat?) $0 concessions $0 parking $0 program ads $0 Total potential revenue $91,500 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk March 24, 2008 Ron PoUi 241 South Shore Drive Toms River, NJ 08753 Re: Approval of Offshore Super Series Powerboat Racing Agreement Dear Mr. Polli At its regular meeting of February 21, 2008, the City Commission adopted Resolution No. 2008-1232, which approved an agreement with Offshore Super Series Powerboat Racing Association for Off-shore Powerboat Races in Sunny Isles Beach. Enclosed are two (2) original agreements for execution and witnessing by OSS. Upon execution, please return both originals to my attention for final processing. An original, executed agreement and a copy of the approving resolution will be mailed to you upon completion. Thank you. ~~Z:w Priscilla Walker, CM~ Deputy City Clerk Enclosures cc: Susan Simpson, Cultural and Human Services Director (w/o attachments) ass Powerboat Agrffit for Sig Tran Ltr City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk April 15,2008 Ron Polli 241 South Shore Drive Toms River, NJ 08753 Re: Approval of Offshore Super Series Powerboat Racing Agreement Dear Mr. Polli At its regular meeting of February 21, 2008, the City Commission adopted Resolution No. 2008-1232, which approved an agreement with Offshore Super Series Powerboat Racing Association for Off-shore Powerboat Races in Sunny Isles Beach. Enclosed are an original agreement and a copy of the approving legislation for your files. Thank you. ~rulY yours, ~~ 11 h QJ((U.. Priscilla Walker, CMC-- T- Deputy City Clerk Enclosures cc: Susan Simpson, Cultural and Human Services Director Anice Paul, Administrative Assistant to Finance Department ass Powerboat Agrffit Exec Tran Ltc