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90-20207 Reso ~f-. RESOLUTION NO. 90-20207 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND SPECTACOR MANAGEMENT GROUP FOR OPERATION AND MANAGEMENT OF THE MIAMI BEACH CONVENTION CENTER AND THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS WHEREAS, the CITY currently owns, operates and manages the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts (hereinafter collectively referred to as the "FACILITY"), and; WHEREAS, the CITY has determined that the best interests of the FACILITY and the ci tizens of Miami Beach require that the management of the FACILITY be conducted by a private management entity, which has the experience and capability of providing quality management and operational services at the FACILITY, and; WHEREAS, the CITY has set the following specific goals to be pursued by a private management entity; the efficient operation of the FACILITY, while minimizing the net cost to the CITY; the safeguarding of the CITY'S capital investment through the exercise of the highest standards of maintenance and preservation; the active solicitation, promotion and co-promotion of exhibits and trade shows in the Convention Center during the 24-month booking window to maximize the revenues to the CITY; the active solicitation, promotion and co-promotion of a Summer Season in the Jackie Gleason Theater of the performing Arts, and; WHEREAS, the CITY through RFP No. 14-90/94 solicited proposals from private management entities to accomplish the above, and; WHEREAS, through a selection process, Spectacor Management Group was the successful proposer, and; WHEREAS, the CITY desires to enter into a Management Agreement with SMG to manage the FACILITY, including its booking, promotion, marketing, box office operation, building maintenance and other services customarily provided with respect to the operation of a similar facility. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach City commission approves the attached Agreement between the City of Miami Beach and spectacor Management Group, and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. PASSED and ADOPTED this 19th day of December , 1990. ATTEST: fORM APPROVED ~ DEPT. ./~~//.&-J .. I '~r/9() I - <: I~M-~ ~...J E- ~--- U~ITY CL RWP: CBT: jh {3ttIf ~ 11ttamt ~ead FLORIDA 33139 "VACATIONLAND U. S..4," OFFICE OF THE CITY MANAGER ROB W. PARKINS CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 873-7010 TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. ~sg-9o DATE:ner-nhar 19, 1990 RBSOLtJ'1'ION PROVING DB AGRBBKBN'1' BBTWBBN DB CITY 01' MIAMI BOCK AND SPBCTACOR HDlAGBHBlf'l' GROUP I'OR DB OPERATION, HAIN'l'BNANCB AND HDlAGBKBN'1' 01' DB MIAMI BOCIl CONVBN'l'ION CBN'l'BR AND DB JACKIB GLOSON DEATER 01' DB PBRI'ORHING ARTS In response to RFP No. 14-90/94, the city commission selected spectacor Manaqement Group (SMG) as the successful proposer. Durinq the past several months, the Administration has neqotiated with SMG to provide the operation, maintenance and manaqement of the Convention Center and the Jackie Gleason Theater of the Performinq Arts (FACILITY). A summary of the major points in the at aChed Agree:ment follows: I . Scope of Work. o SMG to act as a manaqinq aqent of the FACILITY. o SMG shall establish and adjust rates at the FACILITY, provided they are competitive and after consultation with the Convention Center Advisory Board (CCAB) and the Greater Miami Convention and visitors Bureau (GMCVB). o SMG shall promote and produce a Gala re-openinq for the FACILITY and a Summer Series in the Theater at a minimal cost of $500,000. o SMG shall provide a marketinq plan for the FACILITY. o SMG shall follow the City's Bookinq policies, however, subject to the CCAB approval, the Policies may chanqe at SMG's recommendations. o SMG shall act as the City's collection agent on the $1 sur charge at TOPA and on Sales Tax for the FACILITY. II Employees. o City employees will retain their status as city employees for a period of one year. o All current vacancies at the FACILITY convert to SMG vacancies upon the approval of the Agreement. II . Consideration. o Management Fee of $200,000 per year, increasinq by the CPI on a yearly basis, no more than a five percent (5%), increase in anyone year. 1 continued. . . AGENDA ITEM DATE o COMMISSION MEMORANDUM PAGE TWO DECEMBER 19, 1990 o Additional percentage fees of ten percent (lOt) of increases in revenues and ten percent (lot) of decreases in expenditures. o Percentage Fees not to exceed Management Fee in anyone contract year. IV. Ownership. o City to maintain ownership of the building and all equipment. ,0 city to provide funds for the operation, maintenance and management of the FACILITY. o Contract Administrator to be the City Manager or his designee. o Contract Administrator to review and monitor SMG's activities. o Contract Administrator's interpretation of Agreement binding, SMG has right to appeal in thirty (30) days to city Manager. o SMG to name a General Manager of the FACILITY. o General Manager removable for cause upon the request or recommendation of the city. V. Term. o Initial Term is three (3) years. o Two one-year extensions at the City'S option. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City commission approve the attached Agreement between the City of Miami Beach and Spectacor Management Group and authorize the Mayor and City Clerk to execute the Agreement on behalf of the city of Miami Beach. RWP: CBT: jh Attachments \ 2