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14082
RESOLUTION NO. 14082 A RESOLUTION APPROVING A FACILITY RENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO BULLS HOCKEY CLUB, INC., FOR THE USE OF CERTAIN PUEBLO ICE ARENA PREMISES, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Pueblo Ice Arena Rental Agreement between the City of Pueblo, a Municipal Corporation, and the Pueblo Bulls Hockey Club, Inc. dated November 12, 2018, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2: The President of City Council is hereby authorized and directed to execute the Pueblo Ice Arena Rental Agreement on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. SECTION 3: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Pueblo Ice Arena Rental Agreement to effectuate the transactions described herein. SECTION 4: This Resolution shall become effective immediately upon passage. INTRODUCED November 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-8 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: November 12, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Parks and Recreation SUBJECT: A RESOLUTION APPROVING A FACILITY RENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO BULLS HOCKEY CLUB, INC., FOR THE USE OF CERTAIN PUEBLO ICE ARENA PREMISES, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME SUMMARY: This Resolution will approve a facility rental agreement for the Pueblo Bulls Hockey Club (PBHC) to utilize the Pueblo Ice Arena for a new Tier II Junior A hockey franchise which is scheduled to begin play in September 2019. PREVIOUS COUNCIL ACTION: None BACKGROUND: On September 17, 2018, Jerry Wilhite, Pueblo Bulls Hockey Club owner, along with his PBHC management team, introduced their Junior hockey team to City Council and how they wanted to make the Pueblo Ice Arena their home game site in the Western States Hockey League. Assistant coach David Nelson gave a brief summary of what the Pueblo Bulls are all about and why Pueblo is such a great place for their team to call home. Mr. Nelson stated that the Pueblo Bulls Hockey Club will be a Pueblo community-based organization, that will: (i) promote the game of hockey, (ii) be highly visible with community events, (iii) offer leadership programs, and (iv) interact with local students in Pueblo City and County Schools. They are excited to be able to bring a new form of entertainment to Pueblo and believe that their players will be role models for young people in the community. Mr. Wilhite and his team are committed to being affordable as well as competitive. FINANCIAL IMPLICATIONS: The Pueblo Bulls Hockey Club has not requested City funds. The initial agreement will be for five (5) years. In order to assure the PBHC is successful, the City has agreed to rent the facility for team practice at no or little cost for the first two years, while the ice rental cost for game ice will remain at the current ice rental rate of $170.00 per hour. In the third year, PBHC will pay the current ice rental rate of $170.00 per hour for both practice and game ice. The fourth and fifth year of the agreement will each see a practice ice hourly rental rate increase of $85.00, which is 50% of the current $170.00 per hour ice rental. The organization will pay to the City a base rent as follows: Practice Rental Rates (Current Ice Rental Rate - $170.00/hour): Year 1 (May 1, 2019 – April 30, 2020) $ 0.00 per hour Year 2 (May 1, 2020 – April 30, 2021) $ 85.00 per hour Year 3 (May 1, 2021 – April 30, 2022) $ 170.00 per hour Year 4 (May 1, 2022 – April 30, 2023) $ 255.00 per hour Year 5 (May 1, 2023 – April 30, 2024) $ 340.00 per hour or the then current hourly rate, whichever is higher Game Rental Rates (Current Ice Rental Rate - $170.00/hour): Year 1 (May 1, 2019 – April 30, 2020) $ 170.00 per hour Year 2 (May 1, 2020 – April 30, 2021) $ 170.00 per hour Year 3 (May 1, 2021 – April 30, 2022) $ 170.00 per hour Year 4 (May 1, 2022 – April 30, 2023) $ 170.00 per hour Year 5 (May 1, 2023 – April 30, 2024) $ 170.00 per hour or the then current hourly rate, whichever is higher PBHC will also partner with the ice arena to promote sponsorship opportunities that will assist with its annual operating expenses, where it will receive a 50% profit share on all facility sponsorships it secures. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: PBHC made a presentation to City Council during the Work Session on September 17, 2018. ALTERNATIVES: Council could choose not to approve the facility rental agreement and not allow the Junior hockey program to utilize the Pueblo Ice Arena as its home. RECOMMENDATION: Approval of the Resolution. Attachments: Pueblo Ice Arena Rental Agreement Exhibit A – Pueblo Ice Arena Facility Rules & Regulations Exhibit B – PIA/PBHC Partnership Sponsorship Plan Exhibit C – Colorado PERA Supplemental Questionnaire PUEBLO ICE ARENA RENTAL AGREEMENT THIS RENTAL AGREEMENT("Agreement"), made and entered into on Noveel 81 R '2 , 2018 ("Effective Date") by and between the City of Pueblo, a Municipal Corporation, ("Landlord") and the Pueblo Bulls Hockey Club, Inc., ("Tenant"). WITNESSETH: 1. For and in consideration of the mutual agreements contained herein and subject to the terms and conditions hereinafter stated, Landlord hereby grants to Tenant the temporary non-exclusive right to use and Tenant hereby accepts such grant and non-exclusive right to use Landlord's ice rink, locker rooms, and spectator seating areas as designated by Landlord(referred to herein as the"Leased Premises"), located at the Pueblo Ice Arena, 100 North Grand Avenue, Pueblo, Colorado 81003 (the"Arena"). Tenant shall use only the Leased Premises and only for the purposes and times indicated in this Agreement or agreed upon in writing by both parties. 2. The initial Term of this Agreement shall commence on the Effective Date and end on April 30, 2024("Term") unless sooner terminated pursuant to the terms of this Agreement. The term of this Agreement may be extended for additional two (2) year terms, following the Term or any subsequent renewal term, upon the agreement of the parties in writing at least sixty (60) days prior to the expiration of the then current term. No extension shall be effective until it is reduced to writing and signed by both parties. 3. If Tenant commits a breach of any term of this Agreement, Landlord may terminate this Agreement upon fourteen (14) days' prior written notice to Tenant specifying the breach and the date of termination. Notwithstanding the foregoing, either party may terminate this agreement without cause by providing sixty (60) days' prior written notice to the other party. No termination of this Agreement shall affect any right of either party accrued prior to such termination, whether such right is conferred by the terms of this Agreement or arises under general principles of law. 4. The Tenant shall have the right to occupy and use the Leased Premises solely for Tenant's practices, games and related special events, and this Agreement shall not be assigned or sublet. Use of the Leased Premises shall entail: a) Practices shall be limited to Tuesdays through Thursdays between the hours of 6:00 a.m. and 10:00 a.m.,and Fridays for in-state away games and home game weekends between the hours of 6:00 a.m. and 9:00 a.m. b) There shall be at least eight(8)games on home weekends,to consist of three(3)games per weekend on the Friday night, Saturday night, and Sunday afternoon of a weekend. c) Playoffs: There is a potential for playoff hockey that might require additional home weekends, in which case the parties shall negotiate the timing of such games. d) There is the possibility of the Landlord and Tenant hosting the league's Thorne Cup Championship. Both parties must agree in writing prior to a bid to host being submitted to the league. e) Games shall conclude prior to, and not in any way hinder, the Pueblo Ice Arena's Lazer Light Friday Night event. Tenant's players may interact with youth in attendance and join the Pueblo Ice Arena Lazer Light Friday Night event upon approval of Landlord. Depending upon the Friday night game schedule, Landlord may at its option adjust the Lazer Light event schedule to accommodate the earlier Friday night games.The Tenant,with approval and support of the Landlord,may sponsor a Saturday event in order to offer an additional public skating opportunity to the youth of the community. 0 Tenant may hold special events only upon Landlord's written approval provided through the City's Director of Parks and Recreation ("Director") and at hourly rates negotiated by both parties. All practices, games, and special events must first be scheduled with Director prior to use of the Leased Premises. Any attempted assignment or subletting shall be void and of no effect. 1 45. This Agreement represents the entire agreement between the parties and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable,no other provision shall be affected by such holding, and the remaining provisions of this Agreement shall continue in full force and effect. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one and the same agreement. 46. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into,execute, and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed as of the Effective Date. TENANT: LANDLORD: Pueblo Bulls Hockey Club, Inc. City of Pueblo, A Municipal Corporation By: By: illricident of City Council Title: �te1�cJG,� ATTEST: CL-11/11:4-1C) Acting City Clerk 8 EXHIBIT A r;� 4 PUEBLO 100 N Grand Ave, Pueblo, CO 81003 Ph 719-553-2730 www.coolicepueblo.corn FACILITY RULES 8t REGULATIONS Each user group shall sign a contract with the Arena stating they have read and understand these rules and regulations. Special Events may cancel your scheduled weekly activity—DO NOT ASSUME --- PLEASE CHECK THE SCHEDULE. After a Special Event is completed, the Arena will revert-back to the normal schedule. If a Special Event runs over the allotted time, the schedule will be moved forward (clockwise). Any club/group/special event that goes over the allotted time shall be charged for their additional ice time. Ice Arena reserves the right to cancel at any time events that are taking place at the facility if the operation of the facility should be deemed unsafe. Staff reserves the right to evacuate the building at any time due to any safety concerns. Ice Arena is a NO TOBACCO, NO VAPORS, NO ALCOHOL facility.This policy is strictly enforced. If the policy is violated,the following action will be taken: - 1st offense will result in the person being suspended indefinitely from the facility; _ 2nd offense will result in the team being suspended indefinitely from the facility; and - 3rd offense will result in the league/ program being suspended indefinitely from the facility. Procedures for Eviction and Suspension within the Facility will be strictly adhered to. NO person shall open the doors or get on the ice until the Zamboni doors are closed. Prior arrangements must be made for use of sound equipment and time clock controller. Equipment will be used by authorized persons only. Person checking out the equipment will be responsible for its return to the Box Office immediately after the end of the ice rental period. If there are any damages to this equipment, the User will be charged for repairs or replacement. Locker Room keys will only be issued to the Coach, Manager or Supervisor of the activity scheduled. The person receiving the key will be responsible for its return to the Box Office. The use of keys is recommended, as the City is not responsible for any lost or stolen items. 1 All users are required to be off-of the ice promptly at the end of their scheduled session and out of the locker rooms within 60-minutes.The locker room(s) must be left in a tidy manner—brooms and dustpans are available in the room for cleaning purposes. If the room is untidy or damaged, the individual/organization will be invoiced for the cost of repairs and or cleaning as each group is responsible for the cleanliness due to limited time between bookings. All participants/spectators are requested to deposit garbage in cans provided in the Ice Arena and locker rooms. Individuals/organizations causing damage to any equipment and or the facility will be charged for all repair or replacement costs. The Ice User Groups must provide to the Ice Arena Management the name of the designated ice scheduler (including e-mail, phone and fax numbers) by August 15th of each year. A copy of all league schedules must also be forwarded to the Ice Arena Office by September 15th of each year. *** All leagues must provide Proof of Insurance for each player or as a group to the Ice Arena Manager before the season commences. City must be names as an additional insured on all required Certificates of Liability. *** Thank You! We hope you enjoy your time at the Pueblo Ice Arena, the "COOLEST PLACE IN TOWN!" r OF PU.t it . '"%‘ SVD REC- 2 EXHIBIT B ik tri p u L11111601° (911 -1/4 PUEBLO , _�,�- _ c I Hu LIS PUEBLO PIA/PBHC Partnership Sponsorship Plan Sponsoring Agency: Contact Name: Mailing Address: City: State: Zip: Email Address: Phone Number: Fax Number: The Pueblo Bulls Hockey Club,Inc.(PBHC)is working with the City of Pueblo to offer sponsorship opportunities on behalf of the Pueblo Ice Arena (PIA).The PBHC will income-share with the PIA on all sponsorship opportunities listed below.Your advertising will have tremendous branding exposure to visitors of the Pueblo Ice Arena.The Pueblo Ice Arena is a 39,800-square foot facility that has a National Hockey League sized rink and building capacity of 1,020.With the scheduled events and activities at the Pueblo Ice Arena and the highly anticipated inaugural season of the Pueblo Bulls Junior"A" Hockey club in the Western States Hockey League (WSHL), public audience will reach more than 120,000 views annually. Options (Check Appropriate Box) Dasher Board© 6'x 24"full color dasher board premier advertising opportunity with high ❑ $750/year frequency views! Wall Banner 0 4'x 8'full color wall banner advertisement opportunity 0 $600/year Ice Glass Single Panel 0 5'x 46"full color single ice glass panel advertisement opportunity 0 $600/year Ice Glass 5-Panel Wrap 0 5-panel,full color grouped ice glass panel wrap advertisement opportunity 0 $3,200/year Pueblo Bulls 18"x 24"signage available in the Pueblo Bulls locker room ❑ $250/year Locker Room Signage Locker Room Signage 0 18"x 24"locker room signage available in three(3)locker rooms. 0 $250/year Zamboni—Tank Wrap 0 Superior branding opportunity!Make your company stand out from the 0 $5,000/year Zamboni Wrap-Full © crowd with tank or full wrap opportunities. 0 $7,500/year Reserved Box Game Two(2)boxes available! Each box consists of authentic dasher boards 0 $200/game Seating with excellent view of ice!Sponsor banner will be placed on box during plus food& game(s)sponsored. bevera•e Advertising opportunities in PBHC game programs,game flyers, ❑ TBD/game schedules,etc. Other PBHC events as scheduled 0 TBD/event © Manufacturing and mounting expenses of dasher board ads, wall banners,signs, ice glass panel wraps, and Zamboni wraps will be the responsibility of the PIA and PBHC and are included in each sponsorship package.(Excluding Event Sponsorships) • Facility Sponsorships, excluding PBHC Event Sponsorships, are for a one-year commitment but can be secured for up to a three-year commitment upon request. • All dasher board,wall banner,ice glass panel wraps,locker room signs and Zamboni wrap designs must be approved by the PIA. • Annual maintenance of banners, signs, dasher board ads, glass wraps, and Zamboni wraps will be responsibility of the sponsor, PBHC and PIA. • Sponsors will receive recognition on the PBHC and PIA websites along with Facebook page recognition during term of agreement. • PBHC and PIA will 50% profit share, after expenses, on all Facility Sponsorships secured through this agreement excluding PBHC sponsored special events that are offered and conducted by PBHC.PBHC will receive 100%profit from these latter sponsorships.Sponsors will be required to provide their own banners for Event Sponsorships and must meet PIA approval. 1 The City of Pueblo ("City") allows the Pueblo Bulls Hockey Club to utilize certain advertising space, which they then may lease to you (the "Sponsoring Agency").At no time does the Pueblo Bulls Hockey Club own the rights to the advertising space,nor do they have any permanent control over the space. This Agreement is subject to and requires the existence of a pre-existing agreement between the Pueblo Bulls Hockey Club and City. Under the agreement,the User Group is prohibited from assigning or subletting its rights,and this Agreement does not violate that prohibition. Specific sponsorships are sold on a first-come,first-serve basis. Liability for the content of sponsorships(text, representation and illustrations)is assumed by sponsoring agencies.Sponsoring Agency agrees to defend,hold harmless,and indemnify,the Pueblo Bulls Hockey Club,the City and their officers, employees, and agents, from any and all claims and liability, including reasonable attorney's fees and costs, for injuries, or damages to any person,arising from Sponsoring Agency's advertising,including copyright/trademark violations,or in any way related to this Sponsorship Agreement,or any default or breach of any term of this Agreement by Sponsoring Agency.The Pueblo Bulls Hockey Club and the City reserve the right to refuse any sponsorship,or remove any advertisement,including but not limited to banners,fliers,and social media postings that are not consistent with the Pueblo Bulls Hockey Club or the City's sponsorship policies,or determined,in the sole and absolute discretion of the Pueblo Bulls Hockey Club or the City,not to be in the Pueblo Bulls Hockey Club or the City's best interest.Sponsors will be responsible for maintenance of the advertising materials, unless the materials are damaged or destroyed through City's own negligence.Sponsorship is a form of advertising and is not considered a charitable contribution. Sponsors should consult with their accounting and tax professions about treatment of the expenses.An IRS W-9 form will be provided upon request.The City is a non-taxable entity and will not be liable for any tax associated with this Agreement. Liability for the content of sponsorships(text,representation and illustrations)is assumed solely by the Sponsoring Agency,and the City and Pueblo Bulls Hockey Club will hold no such liability.Any viewpoint expressed in a Sponsor's advertising as a result of this Agreement does not necessarily reflect the official viewpoint or position of the City. By entering into this Agreement,the City does not endorse or support any particular participating sponsor. City will determine the placement of any advertising but may consider the preference of the Sponsor in doing so.All sponsorship and related advertising will comply with the Pueblo Municipal Code,including Title XVII,Chapter 10,and all state and federal law. The term of this Agreement shall be for one(1)year from the last signature date. Upon the written agreement of all parties at least thirty(30)days prior to the end date,this Agreement may be extended for an additional one(1)year term upon the same conditions. Neither the City of Pueblo nor the Pueblo Bulls Hockey Club are liable for delays in delivery,and/or non-delivery in the event of an Act of God,action by any governmental or quasi-governmental entity,fire,flood, insurrection, riot,explosion, strikes(whether legal or illegal), labor or material shortage, transportation interruption of any kind,work slowdown,or any condition beyond the control of the City of Pueblo or the Pueblo Bulls Hockey Club affecting production of delivery in any manner. Nothing in this Agreement is intended,nor should it be construed,to create any rights,claims,or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act,§24-10-101 et seq.,C.R.S. Nothing in this Agreement is intended to, nor shall be deemed to constitute, a partnership or joint venture between the parties, or to create any agency or partner relationship between the parties. Neither the City, Pueblo Bulls Hockey Club, nor Sponsor shall hold itself out as a partner,joint venture,agent,or representative of any of the other parties under this Agreement. This Agreement shall be governed by the laws of the State of Colorado.Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. This Agreement shall not be assigned by Sponsoring Agency without the prior written consent of the City and the Pueblo Bulls Hockey Club,which consent may be granted,denied,or conditioned in the City and Pueblo Bulls Hockey Club's sole and absolute discretion. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. This Agreement represents the entire agreement between the parties and supersedes all prior discussions and written agreements or understandings.This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding,and all of the remaining provisions of this Agreement shall continue in full force and effect.This Agreement may be executed in multiple counterparts,each of which shall be deemed an original, and all of which together constitute one and the same agreement. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute,and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. By signing below, I hereby acknowledge that I have completed the above information to the best of my knowledge, read the above information, received a copy of the Sponsor Terms&Policies and will agree to all said rules and guidelines. Signature Date Please Complete and Return to: Chris Wilhite,Head Coach OR Daphne Artichoker,Recreation Coordinator Pueblo Bulls Hockey Club,Inc. City of Pueblo Parks&Recreation 1465 Kelly Johnson Blvd,Suite 200,Colorado Springs,CO 80920 100 N.Grand Avenue, Pueblo,CO 81003 Phone:719.576.3264 Email:Marketing@pueblobullshockey.com Phone:719.553.2734 Email:dartichokera(�pueblo.us FOR OFFICE USE ONLY Date Submitted: Staff Initials: Amount Paid Date Paid__ Directors Approval: Date Approved: 2 EXHIBIT C COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA)in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: (a) Are you,or do you employ or engage in any capacity, including an independent contractor,a PERA Retiree who will perform any services for the City of Pueblo? Yes , No . (Must sign below whether you answer "yes"or "no".) (b) If you answered"yes"to(a)above,please answer the following question: Are you 1)an individual,2)sole proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party? Yes ,No . (If you answered"yes"please state which of the above listed entities(1,2,or 3)best describes your business: (c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two,please attach a supplemental list) If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Signed ,20 By: Name: Title: For purposes of responding to question(b)above,an"affiliated party"includes(1)any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,siblings,half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,spouse's parents,stepparents, stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. 1