SUBJECT/RECOMMENDATION:
Title
Approve First Amendment to the Agreement between the City and Ruth Eckerd Hall Inc. for the management and operation of The BayCare Sound; funding of $270,000 for the ten days of events held as City Events at The BayCare Sound and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
A venue license agreement between the City and Ruth Eckerd Hall Inc. (REH) was entered into in December 2022 to manage, program, and operate the venue now known as The BayCare Sound. The grand opening of the park and The BayCare Sound occurred on June 28, 2023, and has been in operation for almost a year.
During the first year of operation both the City and REH have recognized the need to amend the original agreement to provide for certain clarifications as well as add new language to strengthen the agreement between the city and REH. These changes and additions to the agreement will allow for REH and the city to provide for more effective and efficient operations of The BayCare Sound.
Amendments to the agreement are as follows:
“Section 2.2 (e) - Property Security for events” - Amends title to “Safety of Attendees at Events” and adds a paragraph to clarify when REH is to notify city about a confirmed event; capacity of the green, deadlines to increase or decrease attendance estimates; standard seating configurations and modifications if needed. Also adds language regarding the city’s Severe Weather policy and responsibility of each party.
“Section 2.2 (h) - Operational Services” - Amends section by adding language to clarify responsibility for the payment of operational expenses including electricity, water, sewer, wastewater, trash compaction, stormwater, and reclaimed water; removal of seats and cleaning of turf area; providing portable or temporary restroom facilities for crowds over 4,000 persons; and keeping public areas open during private events at the View.
“Section 2.2 (g) - Parking Facility at the Venue” - Amends section by adding a sentence to clarify the use of the south side of Drew Street during an event.
“Section 2.2 (l) - Compliance with Laws” - Amends section by adding language to clarify monitoring of sound levels by REH; proposing amendments to the city’s noise ordinance to allow for sound checks; continued compliance with existing sound ordinance; providing hotline for neighbors and citizens regarding real-time issues; and provide method for responding to citizen complaints.
“Section 2.2 (o) - Maintenance” - Amends section on maintenance to include REH responsibility for Wi-Fi; city responsibility for maintenance between 7:00 am and 4:00 pm; maintenance after these hours; and requirements for notification of repairs or maintenance completed.
“Section 2.2 (r) - Venue Management” - Amends section by adding paragraph to address vendor or REH responsibility to cover damage to park property and adds paragraph regulating public waterfront access during concerts.
Create a new Section entitled “Section 2.2 (t) - Temporary Fencing and Other Equipment Setup and Removal” - The new section addresses the timing of the setup for events, public access to the venue during sound checks and repairs, access to the public restrooms up to three hours before events and time when set up for events are to be removed.
Create a new Section entitled “Section 2.2 (u) - Modifications and Upgrades to the Venue” - The new section addresses improvements or modifications to the Venue by REH.
“Section 3.3 - Securing the Venue” - Allows for the licensee to be responsible for securing the venue rather than the city and provides for additional permanent fencing and gates for the venue; provides for a new exhibit F depicting location of permanent and temporary fencing.
“Section 3.5 - Venue Sponsorships and Associated Benefits” - Amends this section to clarify pouring rights locations in the park; acknowledges the City’s Naming Rights Agreement with BayCare; recognizes the relationship of REH and city to work together on other Venue and Park Sponsorships.
“Section 3.5 (b)- Venue Sponsorships and Associated Benefits” - Provides for REH to donate ten tickets to the Venue Sponsor rather than the city or sponsor having to compensate REH for them.
“Section 3.5 (f) - Venue Sponsorships and Associated Benefits” - Allows the Vendor Sponsor the ability to purchase two additional front section or highest price tickets if available.
Create new subsections for “Section 3.5 - Venue Sponsorships and Associated Benefits” - These new subsections below are needed to address issues relating to the City’s Naming Rights Agreement with BayCare.
Subsection 3.5 (g) - addresses the use of logos in marketing and media buys and Style Guide for logos.
Subsection 3.5 (h) - addresses the depletion of old logo inventory and replenishment of new inventory.
Subsection 3.5 (i) - addresses use of the VIP area aka the View.
Subsection 3.5 (j) - addresses minimum obstruction or concealment of the facility logo.
Subsection 3.5 (k) - addresses new domain name.
Subsection 3.5 (l) - addresses staff uniforms and logos and compliance to Style Guide.
Subsection 3.5 (m) - addresses using facility logo on digital tickets.
“Section 3.8 - City Assets and Maintenance” - Created a new subsection 3.8 (e) that addresses the stocking of paper products, soap and cleaning supplies for the restrooms and responsibilities for cleaning shared restrooms between REH and the city.
“Section 3.11 - City Events” - Amends section to allow the City to schedule the use of the venue from 365 days to 180 days prior to the event and details process for scheduling and securing venue dates; established provisions for the use of professional venue management services used for City Events; provides for the use of professional event management services if the city event ticket price exceeds twenty-five ($25.00) for a city event; provides language to address provisions for how the city can use and reserve the unshaded lawn portion of the Venue for city lawn events.
“Section 3.12 - Additional Events” - Amends section to eliminate programming of the Venue by REH during Jazz Holiday if Jazz Holiday is held in Coachman Park rather than the Venue.
“Section 5.2 - Profit Sharing” - Amends section to change annual payment from calendar year to fiscal year.
“Section 5.5 - City Information Rights” - This section is deleted in its entirety and replaced with new language regarding records and right to audit as provided by the City auditor.
“Section 9.3 - Order of Precedence” - This section is deleted in its entirety and replaced with new language. This amendment is needed to reflect the new relationship between all parties. In the event of any unforeseen conflict between the City Naming Rights Agreement with BayCare and this First Amendment the Naming Rights Agreement shall supersede and control.
Section 3.11 of the Venue Agreement between the City and Ruth Eckerd Hall, Inc. addresses the City’s right to use The BayCare Sound without payment of rental or usage fees, on July 4, July 5, and up to ten additional dates per calendar year.
To address the scheduling and cost for these ten events they have been included in this agenda item for discussion and approval.
The events and costs recommended are as follows:
1. October 2024 Hispanic Heritage Festival $50,000
2. December 2024 Holiday Event $50,000
3. January 2025 Martin Luther King Jr. Rally $15,000
4. February 2025 Sea Blues Festival Day 1 $30,000
5. February 2025 Sea Blues Festival Day 2 $30,000
6. May 2025 Memorial Day Event $15,000
7. May 2025 High School Graduation(s) $25,000
8. November 2025 Veterans Day Event $15,000
9. August 2025 BayCare Sound Silver Screen Movie $15,000
10. September 2025 Clearwater’s Live, Love, Local Celebration $25,000
Total $270,000
There is no requirement to use any or all the ten days allocated by the agreement with REH but, if the city chooses to use the venue for these events the total costs is estimated to be $270,000 which would be included in the special events budget for FY 2024/25 budgeting purposes.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITIES:
Approval of this amendment supports several Strategic Plan Objectives, including:
• 1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers.
• 2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors.
• 2.2: Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. and
• 2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events.
