229.445 HistoryHistory: 2015 a. 60. 229.45229.45 Powers granted to sponsoring municipality. In addition to any powers that it may otherwise have, a sponsoring municipality may do any of the following: 229.45(1)(1) Make grants or loans to a district upon terms that the sponsoring municipality considers appropriate. 229.45(2)(2) Expend public funds to subsidize a district. 229.45(3)(3) Borrow money under ss. 67.04 and 67.12 (12) for exposition center facilities or to fund grants, loans or subsidies to a district. 229.45 HistoryHistory: 1993 a. 263. 229.46229.46 Certain contracting requirements. 229.46(1)(ag)(ag) “Disabled veteran-owned business” means a business certified by the department of administration under s. 16.283 (3). 229.46(1)(c)(c) “Women’s business” means a sole proprietorship, partnership, joint venture or corporation that is at least 51 percent owned, controlled and actively managed by women. 229.46(2)(2) A person who is awarded a contract by a district shall agree, as a condition to receiving the contract, that at least 25 percent of the employees hired because of the contract will be minority group members, at least 5 percent of the employees hired because of the contract will be women, and at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, if any of the following applies: 229.46(2)(a)(a) The contract is for the construction of any part of an exposition center. 229.46(2)(b)(b) The contract results in the hiring of individuals who will work at the exposition center. 229.46(3)(3) At least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women’s businesses, and at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disabled veteran-owned businesses: 229.46(3)(a)(a) Contracts for the construction of an exposition center. 229.46(3)(b)(b) Contracts entered into by the district for the purchase of services to be performed at the exposition center. 229.46(3m)(3m) It shall be a goal of a district, with regard to each of the contracts described under sub. (3) (a), (b) and (c), to award at least 25 percent of the dollar value of such contracts to minority businesses. 229.46(4)(4) This section applies only to an exposition center that is being constructed under contracts that are funded by the proceeds of a bond issue that is secured by a special debt service reserve fund under s. 229.50. 229.46(5)(5) Before a district initially constructs an exposition center or exposition center facilities, or enters into contracts for such initial construction, the district shall do all of the following: 229.46(5)(a)(a) Adopt or revise a program statement that includes all of the following: 229.46(5)(a)1.1. An identification of the functions to be conducted in the exposition center or exposition center facilities. 229.46(5)(a)2.2. An estimate of the space requirements for the functions described under subd. 1. 229.46(5)(a)3.3. Minimum design requirements for the spaces described under subd. 2. 229.46(5)(a)4.4. Site development requirements for the exposition center and exposition center facilities. 229.46(5)(b)(b) Prescribe criteria for the preparation of requests for proposals for the initial construction of the exposition center and exposition center facilities. The criteria shall include all of the following: 229.46(5)(b)1.1. The scope of responsibilities of the person or group of persons submitting the proposal. 229.46(5)(b)2.2. The contractual relationships between a group of persons submitting a proposal. 229.46(5)(c)(c) Solicit competitive sealed proposals for the design and initial construction of the exposition center and exposition center facilities. The panel described under sub. (6) shall evaluate the proposals using a 2-phase selection process. Under the first phase, offerors shall submit information responding to the district’s request for proposals, including the experience and past performance of the offerors, a management plan, general concept design features and a price analysis. An offeror may be eliminated from further consideration by the panel without discussion if any minimum requirements of the request for proposal are not met. The panel shall evaluate all first-phase proposals and select not more than 3 offerors to submit 2nd-phase proposals. All 2nd-phase proposals shall include all of the following: 229.46(5)(c)1.1. Responses to any comments or questions by the panel relating to first phase submissions. 229.46(5)(c)2.2. Refined initial design concepts, management plan and materials relating to experience and past performance. 229.46(5)(c)4.4. A guaranteed maximum price for the design and initial construction of the exposition center and exposition center facilities. 229.46(5)(c)5.5. Detail of any fees, including all professional service and development fees. 229.46(5)(c)6.6. Evidence that is satisfactory to the panel of the offeror’s ability to obtain bonds guaranteeing the offeror’s performance and bonds guaranteeing the payment for labor and materials by the offeror in amounts specified by the panel. 229.46(5)(c)7.7. Any other information and materials requested by the panel. 229.46(5)(d)(d) Publish a class 2 notice under ch. 985 requesting the first-phase proposals described under par. (c). The advertisement shall include the date by which the proposals must be submitted, which shall be at least 7 days after the date of the last insertion of the notice. 229.46(5)(e)(e) Forward to the panel described under sub. (6), for its recommendations, all first-phase and 2nd-phase proposals received under par. (c). 229.46(6)(a)(a) The district shall convene an evaluation panel to make recommendations concerning the competitive sealed proposals that the district solicits and receives under sub. (5). The panel shall consist of the following members: 229.46(6)(a)1.1. A representative appointed by the chief executive officer of the city with the largest population within the district’s jurisdiction, as that term is used in s. 229.43. 229.46(6)(a)2.2. Two representatives appointed by the secretary of administration, one of whom shall be a registered engineer and one of whom shall be a registered architect. 229.46(6)(a)3.3. A representative appointed by the district who has experience in the construction of major facilities. 229.46(6)(a)4.4. The comptroller of the sponsoring municipality with the largest population within the district’s jurisdiction, as that term is used in s. 229.43, except that if the sponsoring municipality does not have a comptroller the representative shall be the chief financial officer of the sponsoring municipality. 229.46(6)(b)(b) The panel under par. (a) shall evaluate the proposals and make its recommendations based on the adequacy of the responses to the information solicited in the district’s request for proposals, including the following factors: 229.46(6)(b)2.2. The qualifications of the persons submitting the bids or proposals. 229.46(6)(b)4.4. The design quality and suitability of the construction or remodeling plans contained in the proposals. 229.46(7)(7) The district may retain the department of administration or any other consultant to assist in the preparation of the program statement required under sub. (5) (a), the criteria required under sub. (5) (b) or the request for proposals required under sub. (5) (c). 229.461229.461 Development agreement, non-relocation agreement, lease. 229.461(1)(1) A district shall enter into a development agreement with a professional basketball team or its affiliate to require the professional basketball team or affiliate to develop and construct sports and entertainment arena facilities that will be financed in part by the district and, subject to sub. (3) (d), leased to the professional basketball team or its affiliate as provided in this subchapter. Before a district may sign the development agreement, the secretary of administration shall certify that the professional basketball team or its affiliate has agreed to fund at least $250,000,000 to the development and construction of the sports and entertainment arena facilities. In addition, the professional basketball team or its affiliate must have entered into the non-relocation agreement under sub. (2) before the district may sign the development agreement. 229.461(2)(2) In consideration of the district, this state, a sponsoring municipality, and the most populous county in which the sponsoring municipality is located promising to commit $250,000,000 of financial assistance to the development and construction of the sports and entertainment arena facilities and granting a professional basketball team, or its affiliate, the right to operate and manage the sports and entertainment arena facilities, the professional basketball team shall enter into a non-relocation agreement with the district, before it or its affiliate enters into a development agreement with the district under sub. (1), that contains all of the following provisions and commitments during the term of the lease: 229.461(2)(a)(a) The professional basketball team shall play substantially all of its home games at the sports and entertainment arena, once it is constructed. 229.461(2)(b)(b) The professional basketball team shall maintain its membership in the National Basketball Association or a successor league. 229.461(2)(c)(c) The professional basketball team shall maintain its headquarters in this state. 229.461(2)(d)(d) The professional basketball team shall maintain in its official team name the name of the sponsoring municipality. 229.461(2)(e)(e) The professional basketball team shall not relocate to another political subdivision during the term of the lease. 229.461(2)(f)(f) If the professional basketball team is sold or ownership is transferred to another person, the professional basketball team shall ensure that any person who acquires the professional basketball team, including upon foreclosure, commits to acquire the professional basketball team subject to the team’s obligations under the non-relocation agreement. 229.461(2)(g)(g) During the last 5 years of the original 30-year lease, and during any 5-year extension of the lease, the professional basketball team may negotiate, and enter into agreements, with 3rd parties regarding the professional basketball team playing its home games at a site different from the site to which the lease applies after the conclusion of the lease. 229.461(3)(3) The lease between the district and the professional basketball team or its affiliate shall contain at least all of the following: 229.461(3)(a)(a) The term of the lease shall be for 30 years, plus 2 extensions of 5 years each, both extensions at the professional basketball team’s or its affiliate’s option. 229.461(3)(b)(b) The lease shall contain provisions concerning the transfer of the Bradley Center and the land on which it is located from the district to the professional basketball team or its affiliate and, following that transfer, subsequent demolition of the Bradley Center arena structure, consistent with s. 229.47 (2) (c). The district shall convey fee title to the professional basketball team or its affiliate free and clear of all liens, encumbrances, and obligations, except for easements or similar restrictions that do not include a monetary component. Provided that the Bradley Center arena structure is transferred as provided under this paragraph, the lease shall require the professional basketball team or its affiliate to pay for all costs related to the demolition of the Bradley Center arena structure. 229.461(3)(c)(c) The professional basketball team or its affiliate shall be responsible for equipping, maintaining, operating, improving, and repairing sports and entertainment arena facilities that are constructed pursuant to a development agreement entered into under sub. (1). If the professional basketball team or its affiliate breaches the development agreement or non-relocation agreement, the parent company of the professional basketball team shall be jointly and severally responsible with the professional basketball team or its affiliate for the costs of equipping, maintaining, operating, and repairing the sports and entertainment arena facilities during the term of the lease. In addition, the professional basketball team or its affiliate shall be entitled to receive all revenues, other than surcharges collected under s. 229.445, related to the operation or use of the sports and entertainment arena facilities, including, but not limited to, ticket revenues, licensing or user fees, sponsorship revenues, revenues generated from events that are held on the plaza that is part of the sports and entertainment arena facilities, revenues from the sale of food, beverages, merchandise, and parking, and revenues from naming rights. 229.461(3)(d)(d) The lease shall allow for a separate agreement between the sponsoring municipality and the professional basketball team or its affiliate that addresses the development and construction, leasing, operation, maintenance, and repair of a parking structure constructed as part of the sports and entertainment arena facilities and the ownership of and revenues from the parking structure. 229.461(4)(a)(a) If the professional basketball team or its affiliate breaches the lease, the district may enforce the lease. 229.461(4)(b)(b) If the professional basketball team or its affiliate breaches the non-relocation agreement, the state, the district, the sponsoring municipality, and the most populous county in which the sponsoring municipality is located may act individually or collectively to enforce the non-relocation agreement and, if they prevail, are entitled to all of the following: 229.461(4)(b)2.a.a. Liquidated damages from the parent company of the professional basketball team, the professional basketball team, or its affiliate in an amount equal to the outstanding balance of principal and accrued unpaid interest remaining on any debt issued or incurred by the district, this state, a sponsoring municipality, and the most populous county in which the sponsoring municipality is located for the development and construction of the sports and entertainment arena facilities. 229.461(4)(b)2.b.b. If the professional basketball team or its affiliate, at the time of its breach of the non-relocation agreement, is also in breach of its obligations under the lease to equip, maintain, operate, and repair the sports and entertainment arena facilities, liquidated damages from the parent company of the professional basketball team, the professional basketball team, or its affiliate shall also include an amount equal to the cost of performing these obligations during the term of the lease. 229.461(4)(b)2.c.c. Liquidated damages awarded under this subdivision shall be apportioned among the district, this state, a sponsoring municipality, and the most populous county in which the sponsoring municipality is located in proportion to that entity’s financial contributions towards the development and construction of the sports and entertainment arena facilities. 229.461(5)(5) The secretary of administration, in his or her capacity as chairperson of the board of directors, shall negotiate the development agreement, the lease, and the non-relocation agreement under this section on behalf of the district and may enter into any such development agreement, non-relocation agreement, or lease without the approval of the board of directors. Any subsequent amendments to, or renewal or extensions of, the development agreement, the non-relocation agreement, or the lease shall require the approval of the board of directors. 229.461 HistoryHistory: 2015 a. 60. 229.47229.47 Transfer agreements. 229.47(1)(1) A sponsoring municipality may enter into a transfer agreement with a district to provide the terms and conditions upon which the sponsoring municipality may transfer any interests in an existing exposition center and exposition center facilities created under this subchapter or an existing convention institution created under s. 229.26 to the district. The transfer agreement may include provisions for the division of revenues from taxes levied by the district under s. 66.0615 (1m) and subchs. VIII and IX of ch. 77 to fund costs incurred by the sponsoring municipality during any transition period in which the sponsoring municipality has continuing responsibility for the operation or maintenance of any exposition center, exposition center facilities or convention institution facilities. A transfer may take the form of a sale, lease or other conveyance and may be with or without financial consideration. A transfer agreement shall require the district to accept an assignment of all contracts with other persons, with respect to a transferred exposition center, exposition center facilities or convention institution facilities, that are in force at the time of transfer. If the employees who perform services for a board created under s. 229.26 (2) are included within one or more collective bargaining units under subch. IV of ch. 111 that do not include other employees of the sponsoring municipality, and a collective bargaining agreement exists between the sponsoring municipality and the representative of those employees in any such unit, the transfer agreement shall require the district to assume the functions of the employer under that collective bargaining agreement as provided in s. 229.26 (10). 229.47(2)(a)(a) Subject to s. 232.05 (3) (a), a district shall enter into one or more transfer agreements with the Bradley Center Sports and Entertainment Corporation regarding the transfer of the Bradley Center or any part of the center, including land that cannot be transferred under par. (b). Any such transfer shall be for nominal financial consideration. 229.47(2)(b)(b) Following execution of a lease under s. 229.461 (3) and forgiveness by the professional basketball team of any outstanding debt owed to the professional basketball team by the Bradley Center Sports and Entertainment Corporation, the Bradley Center Sports and Entertainment Corporation shall transfer to the district the land described in s. 229.41 (11e) that is owned by the Bradley Center Sports and Entertainment Corporation. The transfer shall occur pursuant to transfer agreements and a parcel transfer schedule certified by the secretary of administration.
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