Resolution 2018-30577 RESOLUTION NO. 2018-30577
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS SEPTEMBER 14, 2018
MEETING, AND APPROVING AND AUTHORIZING THE CITY
ADMINISTRATION TO EXPLORE AND, IF APPLICABLE,
DEVELOP THE FOLLOWING ADDITIONAL ALTERNATIVE
REVENUE STREAMS: (1) LARGE-SCALE SPONSORSHIPS,
SPECIFICALLY FOR NAMING OPPORTUNITIES FOR
CERTAIN CITY-OWNED FACILITIES, INCLUDING THE
NAMING RIGHTS TO THE MIAMI BEACH CONVENTION
CENTER; AND (2) ADVERTISING ON THE REAR EXTERIOR
SIDE OF THE CITY'S FLEET MANAGEMENT BUILDING ON
TERMINAL ISLAND.
WHEREAS, at the July 13, 2018 Finance and Citywide Projects Committee (the
"Committee") budget briefing meeting, multiple options were presented to the Committee as
alternative ways to generate revenue for the City of Miami Beach (the"City"); and
WHEREAS, the City Administration has met internally, as well as with industry
professionals, to discuss various potential revenue streams, including associated challenges
and opportunities; and
WHEREAS, at the September 14, 2018 Committee meeting, the City's Marketing and
Communications Department presented each option in further detail; and
WHEREAS, following the Committee's review and analysis of potential revenue streams,
the Committee recommended that the City's Marketing and Communications Department move
forward with exploring the following potential alternative revenue streams: (1) advertising on the
City's trolleys; (2) large-scale sponsorships, specifically for naming opportunities for certain City-
owned facilities, including naming rights to the Miami Beach Convention Center; and (3)
advertising on the rear exterior side of the City's Fleet Management building on Terminal Island;
and
WHEREAS, on September 26, 2018, the City Commission adopted Resolution No. 2018-
30518, accepting the recommendation of the Committee at its September 14, 2018 meeting,
and approving and authorizing the City Administration to obtain advertising services for the
City's trolleys from the City of Miami trolley advertising contract with Outfront Media; and
WHEREAS, the Mayor and City Commission also directed City staff to further develop
proposals for the remaining alternative revenue streams recommended by the Committee, and
present such proposals to the City Commission; and
WHEREAS, many local governments across the country sell naming rights for public
facilities, including parks and convention centers, to generate alternative revenue; and
WHEREAS, the City may generate revenue by entering into large-scale sponsorship
agreements (specifically, for naming rights) for the newly-renovated and expanded Miami Beach
Convention Center; and
WHEREAS, the City of Miami Beach Fleet Management facility, located at 140 MacArthur
Causeway, on Terminal Island, can accommodate advertising signage on the rear exterior side
of the building, which signage would be seen by cruise ship passengers and boaters entering
and exiting the Port of Miami through Government Cut; and
WHEREAS, 5.3 million passengers enter and exit the Port of Miami each year; and
WHEREAS, the City of Miami Beach could generate significant alternative revenue by
selling advertising on the rear exterior side of the Fleet Management facility; and
WHEREAS, the Mayor and City Commission now desire to direct the City Administration
to explore and, if applicable, develop the following additional alternative revenue streams: (1)
large-scale sponsorships, specifically for naming opportunities for certain City-owned facilities,
including the naming rights to the Miami Beach Convention Center; and (2) advertising on the
rear exterior side of the City's Fleet Management building on Terminal Island.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee at its September 14, 2018 meeting, and approve and authorize the City
Administration to take the following actions relating to the alternative revenue streams described
in this Resolution: (1) prepare a Request for Letters of Interest for large-scale sponsorships,
specifically for naming opportunities for certain City-owned facilities, including the naming rights
to the Miami Beach Convention Center; and (2) explore the possible sale of advertising on the
rear side of the City's Fleet Management building on Terminal Island.
PASSED and ADOPTED this 17th day of October, 2018.01
ATTEST:
q3°/1e Dan Gelber
Rafael / ado Mayor
City Clerk
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Resolutions-R7 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO. Honorable Mayor and Members of the City Commission
FROM. Jimmy L.Morales,City Manager
DATE. October I?,2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS SEPTEMBER 14, 2018
MEETING, AND APPROVING AND AUTHORIZING THE CITY ADMINISTRATION TO EXPLORE AND, IF APPLICABLE,
DEVELOP THE FOLLOWING ADDITIONAL ALTERNATIVE REVENUE STREAMS'. (1) LARGE-SCALE SPONSORSHIPS,
SPECIFICALLY FOR NAMING OPPORTUNITIES FOR CERTAIN CITY-OWNED FACILITIES, INCLUDING THE NAMING
RIGHTS TO THE MIAMI BEACH CONVENTION CENTER,AND(2)ADVERTISING ON THE REAR EXTERIOR SIDE OF THE
CITY'S FLEET MANAGEMENT BUILDING ON TERMINAL ISLAND.
RECOMMENDATION
Administration recommends accepting the recommendation of the Finance and Citywide Projects Committee.
ANALYSIS
At the July 13, 2018 Finance and Citywide Projects Committee Budget Briefing Meeting, multiple options were presented as alternative ways to
provide revenue to the City. The options included Advertising on the extenor of trolleys,large-scale sponsorships throughout the City such as park
naming rights and naming rights to the Miami Beach Convention Center and advertising on the back side of the fleet-management building.
Each of these items present both positive and potential negative implications and as such, staff has since met to discuss the (tens in
detail. Discussions included potential legal,planning and historic preservation implications. Each option is expanded further below.
On September 26,2018,the City Commission adopted Resolution No.2018-30518,accepting the recommendation of the Finance Commttee at its
September 14,2018 meeting.and approving and authorizing the City Administration to obtain advertising services for the City's trolleys from the
City of Miarri trolley advertising contract with Oubront Media. The Mayor and City Comnssion also directed City staff to bring the remaining
alternative revenue streams recommended by the Committee to the next full City Commission meeting for further discussion.
SPONSORSHIPS THROUGHOUT THE CITY,INCLUDING MIAMI BEACH CONVENTION CENTER NAMING RIGHTS
In 2007 the City hired a consultant to do a thorough assessment and inventory of all possible sponsorships throughout the City as well as possible
revenue amounts for each item. After the completion of the assessment,the consultant was retained to begin the sales of these sponsorships,in
addition to the sponsorship sales that were managed by The city's development coordinator. The consultant focused on larger sponsorships and
brought in the current contract between the City and Coca-Cola while the development coordinator focused on individual event sponsorships and
advertising in MB Magaane.
The Coca-Cola contract currently generates$325,000 per year in cash as well as$60,000 in in-kind revenue and 450 cases of free product per
year. The free product is used for city events such as the Veterans Day Parade, Fire on the Fourth as well as donated to outside events such as
Aft Deco Weekend. The contract was originally signed for a total of 10 years and will be up for renewal option in 2022.
The contract expired with the sponsorship consultant,was not renewed and the City's development coordinator continued selling advertising and
sponsorships for the City. Since the inventory was completed,the internal sponsorship and advertising coordinator has drastically increased the
total alternative revenue being generated for the City-with totals of both cash and in-kind now reaching$1 Million per year. Some of the Items
included in this total are event sponsorships such as Fire on the Fourth, Veterans Day Parade, Family Service Day, Parks and Recreation
sponsorships and advertising sold in the MB Magazine.
Many large parks and convention centers throughout the country utilize naming rights revenue to provide alternative revenue. The following chart
shows some arenas and convention centers that have previously garnered naming rights revenue for their facilities. The newly renovated
Convention Center would be a candidate for such option.Two articles regarding the topic have also been attached for your reference.
Naming Rights
Holder-Industry Estimated Naming Righs Value—
Convention Center Sector . Narring Rights Temp Over the total term of contract
TD made a capital contribution
for Convention Center
TO Convention Center(Greenville,SC) improvements in 2011.The i
Deal has expired and TD has has staled they will not renew Bank Unknown improvements cost$22M
Was 15 years;Lapsed in
Delta Center(Miwaukee-now known as the Wisconsin 2013,no renewal,no
Center) Airline replacement $9.25M
Huntington(Bank)Convention Center of Cleveland Bank 20 years $10M
Telecommunications/
Cox Convention Center(Oklahoma City) Internet 7 years $1]M
Duke Energy Center(Cincinnati) Electric Utility Until 2032 $9-12M
Hy-Vee Et tibit Hall(Des Moines) Grocery Chain 10 years $8M
Community Choice Credit Union Convention Center(Des
Mnmpm Rani, to vParc et"SM
Page 1350 of 1637
Mass Mutual Center Springfield) Insurance 5 years $5M
CHI Health Center Omaha Formerly CenturyLink Center I
(Omaha,Nebraska) Health Care 20 years(former was 15) $23 fi(former deal was$1405M)
Staff met to discuss the possibilities of naming rights and what may need to be done to allow this. During the discussion,it was mentioned that,per
the current City Code, the naming of the MBCC may have to go to referendum. All possible sponsorships would have to be presented to
Commission for final approval prior to contracts being finalized. Administration could create a Request for Letters of Interest through the
Procurement department to obtain a contractor to begin to pursue these types of sponsorships. The agreement with the previous contractor has
been attached for your review as a possible format for a contract roving forward-
EXTERIOR ADVERTISING ON THE BACK OF THE FLEET BUILDING
The City of Miami Beach fleet building provides a great location to place signage that would only be seen by cruise ship passengers as well as
boaters in the area that enter and exit the Port of Miami. The Port of Miami has appronrmtely 53 million passengers each year. Murals of this size
have potential to sell for more than$20,000 per month or$240,000 per year.
Staff is exploring the opportunity of working with a company that currently sells this type of advertising in other municipalities for the possibility of
allowing them to include this sign in their catalog of possible signage in the area.
CONCLUSION
On September 14,2018 staff presented this information to the Finance and Citywide Projects Committee and it was recommended that the City's
Marketing and Communications Department move forward with large-scale sponsorships throughout the City and the sale of advertising on the
back of the fleet building.
KEY INTENDED OUTCOMES SUPPORTED
Madmize The Miami Beach Brand As A World Class Destination
legislative Tracking
Marketing and Communications
Sponsor
Commissioner Ricky Amide
ATTACHMENTS'
Description
o Article I
• Article
o The Superlative Group Agreement 2007
o The Superlathe Group Amendment 1 2010
o Resolution
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10/8/2018 Naming Rights I The Convention Center Advisor
The
Convention Center
ADVISOR
• About
Tagged: Naming Rights
July 30,2015
Starting;pfd Expanding Advertising and Sponsorships as a Revenue Stream
Wiry Is this a Good Idea?
I have often been confused why more convention centers do not actively engage in an advertising and sponsorship program as a revenue stream.Perhaps it's viewed as
a business more appropriate for others;sports and entertainment venues are the logical setting for advertising and sponsorships,not convention centers.Sports stadiums
and arenas and their tenant teams—football,baseball,basketball,hockey,etc all have a loyal fan base and fans are very emotionally connected.Television and radio
erage aintegral parts of the sports experience.These things don't exist at convention centers and convention center management may not feel it's worth the effort.
I also believe there's reluctance by some convention center management to use ad space and media that were once exclusive domain of event managers and then,
charge fees and commissions for features that were once free.
My belief is that if convention centers who feel this way would conduct a thoughtful evaluation of the benefits and risks,they may change their minds.
Benefits A well crafted ad and sponsorship program:
• Contributes a level of legitimacy with respect to the convention center being a place of business,where new products and services are rolled out and
demonstrated in a setting where comparisons can be made,where deals arc done,where technical and scientific information exchanged,and where like minded
professionals can network and socialite.
• Strengthens the business relationships with others in the city hospitality sector.Restaurants,hotels,nightclubs,shopping districts,and other cultural and
entertainment venues are likely advertising and sponsorship candidates.Having the relationship solidified by an advertising agreement helps achieve that.The
character of the relationship would be different;it won't be casual or shallow anymore,it will now be business.
• Can become a reliable revenue source which may waver rap and down with the vagaries of the economy but can grow in stable and growth years.there are a few
convention centers where an advertising and sponsorship program has contributed between S I—2 million to the bottom line annually.
Risks
• Know that many times brands are judged by the company they keep;remember this,it will come up again.Many times an advertiser or sponsor's
business issues,such as product problems,legal issues,and financial problems become your problems.This is especially true if it's a naming rights sponsor.
Choose potential advertisers and sponsors wisely.Understand that advertisers and especially sponsors may view the convention center similarly.
Convention centers are accountable to them for bad publicity and for routine items such as signage and website maintenance,or for the overall condition of the
facility,Sponsors too will always he interested in their return on investment and review the returns periodically.
• An overly aggressive ad and sponsorship program can pose some problems with your rade show and association meeting clients;too much signage by
advertisers takes away from space available for an event's trade dress signage and decoration and their own sponsor advertising,inflexible terms regarding
advertising and product exclusivity by sponsors may interfere with an events'exhibitors or their sponsorship sales.Also,critics may argue that over-
commercialization with garish signage and endless brand messaging detracts from the convention center's mission.It's best o exercise good taste and a sense of
propety here.
• An advertising and sponsorship program is very:visible to others and potential event clients.An ineffective and feeble program where advertisers and sponsors
are few detracts from the center's reputation.Jr,alter evaluation,you do not believe you can achieve revenue goals and visibility then perhaps you should forego
the effort.
Taking Stock—What Is Your Inventory of Advertising Possibilities and Media'
Exterior—
• The Center's location—Is it located by and in view of major traffic thoroughfares?Ifso,call the municipality and obtain a daily traffic count.Pedestrian counts
may also be available.
• The Center's Architecture—Normally the entrance is a piece of landmark architecture.The curtain walls are high,there is usually an array of light or flag poles
along the entrance drive,and the adjacent sidewalks are wide.All are possibilities for banners and signage.
• Fixed Static or LED Signage(usually located by the center's entrance)—These signs normally announce the event(s)in-house,but have fixed signage
possibilities as part of the sign structure or in the case of an LED sign,use possibilities due to the technology.
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10/8/2018 Naming Rights I The Convention Center Advisor
Interior
• Center entrance,atrium,lobbies and concourses-All have high curtain walls and space frame features for banner hanging
• Well trafficked corridors-Recommend a limited number of high quality back-lit signage
• Center video screens-large video screens are best located in the expansive entranceways,atriums and lobbies where the scale fits the selling.Smaller video
screens are e appropriately located along well trafficked corridors.retail
retail areas.taxi/sluttle bus waiting areas and food courts_The screens are normally
of a network,complete with a control room,equipment room and the capability of running different messaging true-programmed)liar each screen.
Columns in atrium and lobbies
Public stair risers-Normally temporary and done with 3M product with adhesive back
Escalator side panels and railings
Taut cables over escalator wells for banner hanging
Displays adjacent to Information and Concierge Stations
Ads and wraps at water coolers and phone/tablet charging stations
Food Court table tops-Using the same adhesive backed 3M product
Digital/Print-
• he convention center's website-Banner ads,column and button ads on the most popular pages(event schedule,public transportation and driving directions
and map).A restaurant directory as well as one for hotels,nightclubs and other attractions should be part of the webs ite.Some convention center websites do an
excellent job of posting these directories.View the San Diego Convention Center's restaurant directory:
hop!/ww w.visitsan di ego.cont/attendees/rest au ran l.s.cfn
The center's mobile app
The center's WiFi Portal(opening page)
B logs,newsletters,annual reports,direct mail pieces
The center's social media(Facehook page,Twitter Feeds,Instagra n,Yoti Jute,etc.)
Exhibitor Manuals and Order Forms
Oth o-
• Opportunities to publicly display product-A luxury car in the center's atrium is a good example
• Collateral reading material and brochures at concierge/infornatimn desks
• Portable cups and napkins in the food corns
Reserving Inventory Exclusively for Events How much inventory should he reserved for them?The short answer is-any place public that has height and visibility
(exterior,curtain walls,light poles,etc.).A well organized center will publish a guide with diagrams showing locations and standards for sign and banner hanging.
Charging Event Management Fees for Advertising Outside of Their Licensed Space-This is an excellent revenue source,at times comprising half of the center's
ad and sponsorship revenue.Most event managers already use most available locations.Besides their own trade dress and directional(funnels,in many instances they
use these locations to sell advertising to their event sponsors,normally in the form of large fabric banners,stair risers,free standing displays,etc.'fen years ago most
convention centers permitted events to sell ads to exhibitors using all the aforementioned media and signage without paying location fees to the convention center.I am
pleased to see that many convention centers have ceased this practice and now charge fees and commissions.Convention centers which still offer this for free
should be well advised to stop the practice.As controversial as it may seem,the architectural prominence and visibility that was created by public investment
and the value it creates for such things as advertising banners gives convention centers clear entitlement to reasonable fees.Use of public areas fur the sale of
advertising to others is normally not part of the event manager's license agreement.Fees should he a percentage of fees collected by the event managers from
their client(.say 15%).In the ease of public space banners,the percentage arrangement is sometimes not satisfactory.For convention centers,its much easier to audit
and collect based on size.Exterior banners should be charged a higher rate(say 20%).Ads for other media,such as the Center's Wifi hotspot'Splash"page,use of the
Center's monitors,food court table tops,etc.should be negotiated at market prices.
What's the Difference between Sponsorships and Advertising
A corporate sponsorship is a form of marketing where companies connect their name,brand,and products and services to a venue for long term in order to enhance
their brand,solidify and expand their markets,showcase their products and achieve future profits.It should not be confined with advertising which is direct and overt
and contractually a shorter tent.In sponsorships.advertising through signage is inclusive,just one element in a sponsorship plan.A well designed sponsorship
generates a stronger and more subtle message.It tends to be more qualitative and has loftier goals than just customer exposure and sales.It is a marketing platform
where a company can identify with the best aspects of its partner,where a company can build credibility,prestige and,create a more permanent,lasting bond with
Who Are the Potential Spnncn qy
It's useful to first separate potential sponsors from ad hoc advertisers.Sponsors should be companies that have a tangible connection and can be easily integrated into a
convention center's core business and culture.There are however more subjective considerations.I here has to be the proper feet and fit.It's difficult to define but it
comes down to whether the corporate image is one that complements the convention center,the city and vice versa.While the company should obviously be
prosperous,they also need to have a certain brand reputation for reliability and quality,and a high corporate standard for civic responsibility.
Certain industries seem to fit as ideal sponsorship candidates.They are;an airline with a regional or national huh at the city's airport,a major credit card company,a
regional bank which has a solid customer and investment base in and around the city,a utility,a major technology/telecommunications company(preferably one that
designs and manufactures,and operates equipment),a media company(preferably local newspaper or TV station),a luxury car company and a long standing major
employer for the region.If your convention center is large and busy,then a soft drink sponsor,with exclusivity for advertising and product sales(pouring rights),also
makes sense.
Some sponsorship marketing consultants,such as Jim Andrews from ESP Properties in Chicago(wwwsponsorship.com)favor technology companies above others.
His view is that these companies are in a growth mode,spend heavily on marketing and are generally open to venue sponsorships often seeking these opportunities out,
particularly sports and entertainmentvenues.Another consultant,Hugh Wakeham from WAM Associates in Toronto(www.wankety) believes similarly but also sees
regional banks and utilities as excellent candidates. He described an interesting case study of naming rights where a utility company Encreare has naming rights to the
convention enter at Exhibition Place in Toronto.Enereare uses this sponsorship to demonstrate and promote Green technologies.On site for instance,windmills
generate electricity and electricity,hot water/steam and chilled water are generated by a gas fired Tri-Generation power plant.
Sponsors will of course require something more than company name and brand exposure through signage. It is useful to have a list of other things that a sponsor could
benefit from such as;exposure on your digital media(website,newsletters,blogs,twitter feeds and WiFi portal,etc.),free passes and parking to popular events that
they can distribute to employees and clients,free use of public space to sRage daSairpfelErpiiduct,credits for rent,parking and F&B for an event like a corporate
fde:///H:/Tonya%20Daniels/commission o20items/Naming%20Rights%20_%20Th¢%20Convention%20Centerh20Advisor°u20Article.himl 2/8
10/8/2018 Naming Rights I The Convention Center Advisor
sales or board meeting You may have to be creative here. As mentioned earlier sponsors pay close attention to their return on investment.There are items the
convention center can track on their own such as product sales on site if applicable and hyperlink openings and page views.It is very likely that a sponsor nmv ask and
possibly
ssbly tie the result to renewal and fee negotiations.In my time at the lavits Center it was common for our sold drink sponsor,Coke,to conduct a business review
and focus on cases sold per year.The Director of Marketing and Communications at Shaw Centre in Ottawa,Sylvie Carbonneau,described how their luxury car
sponsor,Porsche/Audi,tracked sales based on their car displays at the centre.
For convention centers a successful sponsorship consists of cash and/or a capital contribution(which could be cash or in-kind-telecommunications/intemet equipment
for example),sonic accommodation for day to day operations(airline ticket credits for business travel or discounted utilities),cooperative marketing when these
opportunities come up and a long contract term 3 to 5 years with renewal options.
Whi Are the Potential Advertisers?
A qt ick list should show the categories below and be accompanied by a map denoting walking time from the convention center and headquarter hotel(normally 15-20
min test
Restaurants-These can be categorized by p pe of restaurant,ratings of same.price point and distance from major hotels and the convention center
Howls
Parking Lots and Garages
Shopping
Nightclubs
Attractions
Professional Sports Venues
Concert Venues
Theaters
Cultural Attractions(art galleries,museums,historical sites)
Beer
Wine
Oth r advertisers could be car rental companies,an office and hardware retail outlet,exhibit service companies general decorating companies,exhibit appointed
con ractors,AN companies,computer/technical supply retail outlets.Advertisers,especially in categories where there are many like restaurants,are typically put in
ws to read directories which accessible through the center's website,mobile app and Win portal.In my experience,advertisers normally didn't track ROI closely.As
ith sponsorships,the convention center should track hyperlink openings and page views because it is likely that an advertiser may ask and possibly lie the result to
renewal and fee negotiations.
A Sample Pro Forma
For the example below:
• Sponsor revenue is based on the Javits Center experience and informal conversations with other convention centers in my consulting business.
• Advertising revenue is based on my time at the lavits Center and price schedules from convention centers published on the intemet.The number of restaurants,
parking lots,hotels and attractions is bused on those published on the Davis 1..I.awrence Convention Center(Pittsburgh)website
• Revenue obtained from fees for commercial advertising sold by event managers in public areas and video/digital media is estimated based on the J avits Center
experience.Assume that the center's occupancy in this example is high,say 60-65%.It was then estimated that 15 events would sell exhibitor advertising in
public areas of the convention center;
10 events x $50,000 in sales=$500,000 5 events x $75,000 in sales - $375,000
$375.000 x 15%fee = $56,250 $375,000 x 15%lee - $56,250
$75,000-$56,250-$131 2250(estimated total)
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*Venue obligation includes:
On-site signage.possibly on-site retail
On sire video time large and small screens
Product exclusivity,possibly advertising exclusivity(w/qualifications)
Website
Ad
Social media exposure(Facebook, Twitter Ins/agrmn, YouTube)
Mobile APP Ad
Rent,F&B.Parking Credits
Free passes to public events
Cost if above-
Sales Comm 5%
-Credits(lost revenue)-55000
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10/8/2018 Naming Rights I The Convention Center Advisor
ADVERTISER NUEARER Winn.FEE ANNIJA5 REVENUE
u.t,.ano lm 5 5150 400 s98mo-17:200 160.2%-11340+
Pandrip leis to 1540500 $11200-TODDSIO➢ -14+0]
x4015 v Swam S1E000-23400 Si}m-1410
NIghtcrubs 25 $w-700 S25000-35 c - 527400-30500
• .uun.lmu.e.mr.pa, 25 5150 450 111,540-12,500 1527°-32,x52
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• rte oami.m Ssa,tta-ls,ttv $9000-23E50
fled I
x003 Sok 200-u,em 457,40-ns,970
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i.4ntie obligation includes
N'ebshe Direclnry
Social media exposure( acebook. Twitter Instagrom, You Tube,etc l
Advertising exclusivity(Pr beer and wine
Mobile APP Directory
Willi portal directory
Cone fege/r J nna ion Booth(Evian and Menu Catalog
On site video time large and smallscreens-not included in 6 ma fee schedule above,pricing should he at premium levels
Cost pi-above
-Saler Gomm-10%
REVENUE SOURCE ANNUAL a EVENUE
Sponsorships $410000-55O 0 $359,500-492$00
Ad erasing S18E200-260, ] $1672500-2$5,970
-banners, 5131,250 5131,250
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How to Get Started-Logical Next Steps
Assuming you have already weighed the benefits and risks and reviewed the market size for sponsors and advertisers,these are logical next steps:
I.Obtain price schedules from other convention centers that have an active advertising and sponsorship program in place.
2.Build your own pricing model
3.Build a pro forma statement
4 Determine who will do all the administration and sales work.Understand that the sales work is hard work;developing marketing material,making cold calls.
making site visits,and price negotiations.Add to that having patience;it will take more than a year to build revenue.Options arc;outsourcing,Integrating the
responsibility into existing sales force or add to staff with a new hire
5.Obtain board approval in the form of a policy statement This is important for two reasons;board members are a good resource for potential sponsors and
advertisers and obtaining advertisers and sponsors may be regulated by government procurement procedures which really do not apply to this business function,
board approval may help avoid this.
6.groin the city government,obtain traffic counts and pedestrian counts for adjacent streets and sidewalks.From your website administrator obtain interne(traffic
statistics,Invest in a survey to develop a demographic profile of attendees who normally come to events at convention centen l'ypically they are business
men and women between the age of 30 45 with a higher than average annual income.
7.Develop marketing material.'F he link below from the Shaw Centre in Ottawa is a good example:
hop:/hvww.shave-centre eon/np-contenV¢pload'R465/12/SHAW-152787e Advertising Possibilities EN.pdf
S.Develop a face to face marketing message and a sales plan.'The marketing message should be one of optimism,one that emphasizes positive changes such as an
expansion or renovation,or an investment in video screens and digital technology,or the organizing ofa staff to administer and look after the needs of sponsors.
Persuade them of your resolve;show them that there is a parity of commitment,that the convention center has"skin in the game".
9.Begin work and monitor progress
All About Convention Center Naming Rights
Establishing Naming Rights Value
It's easy to be lured into believing that naming rights as a financial bonus for convention centers.Decision makers may be influenced by media reporting and tend to
overlook that only the global level deals are reported.They hear about deals like the Barclay Center(Brooklyn Arena-Brooklyn Net home w/18,000 seats)valued at
$200M over 20 years or the American Airlines Center(Home of NBA's Dallas Matricks)for S 195M for 30 years.In these instances they must realize that he team's
market area is significant with a fan base which is loyal and reliable and stretches to anywhere television and radio can reach.Still,it's hard novo think about the
possibilities and 1 believe,beyond the blockbuster deals,at some point linear thinking takes over.They see their hometown arena achieve a significant naming rights
deal in a small market area and they start thinking and believing their convention center can do likewise.As an example,the Chesapeake Energy Center in Oklahoma
Page 1355 of 1637
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10/8/2018 Naming Rights I The Convention Center Advisor
City(home the NBA's Thunder WI]er,000 seats)obtained a naming rights deal of$36M for 12 years.The Cox Convention Center across town has 100,000 sq.ft.of
exhibit space and a 15.000 seat arena(w/minor league hockey and an arena football team)and obtained a naming rights deal valued at$13M for 7 years,nothing
linear about that.Linear thinking doesn't work when comparing naming rights values to major league sports.
Linear thinking doesn't appear to work when comparing the values of existing naming rights deals for convention centers either.If you study the table below you will
see that it Is wen difficult to see any sense using valuation methods(cost,income or mrket valuation)when it comes to establishing a convention center's naming
rights value.The comparisons are too few,the market sizes and the venue sizes too diverse to see patterns.Additionally some relatively small markets have achieved
surprising value;the I IV-Vee Exhibition I tall in Iles Moines is a good example(88million with a term of 10 years).
From the current number of naming rights deals(14)the following characteristics are evident;
• Naming rights deals were dosed during or after new,expanded or major various took place.
• The core market areas for most companies holding naming rights are regional.One reason to pursue naming rights is to maintain and solidify the markets they
already have.For those who are not historically regional,their eye is on expansion to new regional markets.This was the case for naming rights deals in Niagara
Falls,CA Scottahank Convention Centre and Ottawa CA-the Shaw Centre.
• Most arc for2ndmarkets in the US.I am convinced that convention centers in 2nd tier markets in the US are the best naming rights candidates.
• Proportionally Canadian convention centres are more likely to pursue and successfully close on naming rights in 1"and 2„4 tier markets than the US
• The financial sector(banks,finance companies and insurance)have the highest percentage at 57%,technology companies next at 22%.then utility companics at
14%.At one point an airline held naming rights but that contract has lapsed.
• About 40%of the naming rights holders were acquired by other companies during the naming rights term.Expect name changes.
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What's in a Name?
For a convention center,I think there's a whole lot in a name It may sound trivial and shallow but the sound and the emotional response of a name can result in a name
that can be so inappropriate,awkward and some say hideous that it is cause for public embarrassment and ridicule.There are many examples;The KFC VUM!Center
in Louisville,Whataburger Field in Corpus Christi,Smoothie King Center in New Orleans and the Bargain Booze Stadium in the UK. Fortunately none of these
venues
convention center.One convention center in Iles Moines had a naming rights deal with the final name being the Veteran's Memorial Community Choice
Credit WuonConvention Center.In my opinion the name is an awkward mouthful.Common sense prevailed in this instance and the exterior sign remained The
Veterans Memorial with the longer version seen less prominently in the interior of the facility.
The Inherent Difficulties for 1st Tier US City Convention Centers Pursuing Naming Rights
The success rate shows and I am convinced that convention centers in 2nd and ant tier markets in the U.S are the best naming rights candidates.Not long after new
sanagement took over the operation of the Javits Center in 1996,a private conversation regarding Javits progress took place where 1 was present_By chance the
ubject of naming rights came up.Business at the center was turning favorable rapidly and the idea of naming rights seemed a natural.The conversation ended but no
subsequent actions were discussed or planned.Within days,a bill was introduced in the NV State legislature prohibiting any attempt for a name change to the Jacob K.
Javits Convention Center 1 am certain no one at the meeting talked about it and clearly the draft of that legislation was prepared long before our meeting took place.So
!learned how these matters evolve.1 believe wise and experienced convention center managers at 1st tier convention centers know in advance the likely outcome if
naming rights are aggressively pursued. If the center bears the name of a beloved and respected political leader,alive or dead,the effort will be mired in controversy.
Potential naming rights sponsors will steer clear of the controversy and convention center leadership will be happy to oblige.If the center only bears the city's name it
is possible that the potential deal value will drive an action plan.Expect pride of place advocates to object to a name change.If that doesn't discourage the effort,
government procurement procedures pose another impediment.Acquiring naming rights is not on any company's annual marketing budget Candidates for naming
rights have to be courted and persuaded:a process that does not fit into the typical RFP process. This process needs to be conducted quietly whereas the RPP process
is blatantly public and gives cause for a company to decline to bid.Conviytiglbecilen4nhle lm seek out the services of a marketing consultant,one who has closed
file:///R/fonya%20Daniels/commission%20items/Naming%20Righis%20-%20The%20Cotvention%20Center%20Advisor%20Artide.html 5/8
10/8/2018 Naming Rights I The Convention Center Advisor
ling rights deals before and understands the language and nuances of naming rights valuation.In my experience and in all the research I conducted,none of the
naming rights deals closed by following n traditional RPP process and most sought the help ofa marketing consultant.
Recommendation-An Alternate Idea to Full Facility Naming Rights
There are some excellent examples of convention centers where portions of the centers arc ofthred for naming rights.The David L.Lawrence Convention Center in
Pittsburgh sold rights to its 34.000 sq.ft.ballroom to Dollar Bank for$1M and a term of 5 years.The Dollar Bank graciously named the ballroom'The Spirit of
Pittsburgh"and installed several displays depicting the history of Pittsburgh throughout the center.At the Colorado Convention Center in Denver naming rights to its
5.000 seat concert theater were sold to Bellco for$1.25M at a term of 5 years.There are discrete and iconic architectural spaces that have naming rights potential in
convention centers;an elegantly designed ballroom,an outside terrace or garden used for special events,an architecturally prominent lobby,a new meeting room
suite or technologically advanced boardroom.Convention centers which are wen large and subdivided into separate buildings offer unique opportunities Er naming
rights.Imagine the for principal building of McCormick Place(the Nosh,Saudi,West and 1"akeside Center)bearing corporate names.The tradition and integrity of
the McCormick Place name stays in place and an excellent ieveoue prospect is exploited.I see similar possibilities at the Orange County Convention Center.the
Vancouver Convention and Exhibition Centre and the Moscone Center
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tile:///1 :/Tonga%20Daniels/commission%20items/Naming%20Righis%20_%20The%20Convention%20Center%20Advisor%20Article.html 8/8
10/8/20188 Omaha convention center could get a new name
AP
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Jan. 18, 2018 OMAHA,Neb. (AP) Officials at a convention center in
Omaha hope to sell the facility's naming rights for top dollar.
SI A
The current 15-year,$14 million naming rights contract for the
https//ww
CenturyLink Center will expire in the fall,the Omaha World-
Herald reported .
RELATED TOPICS
Omaha
More from The Metropolitan Entertainment and Convention Authority
North America voted Wednesday to hire a consultant to create a new naming
rights contract that could go to a new sponsor. The authority
hopes to get at least$10 million for the naming rights for an
undetermined number of years. That money is used to help fund
upkeep and upgrades,said Kristyna Engdahl,MECA
spokeswoman.
CenturyLink officials said they're interested in keeping the
company's name on the complex.
"We've been known in the greater Omaha area by our
CenturyLink Center Omaha sponsorship for the last 14 years.
Omaha is an important market for CenturyLink and we would
welcome the opportunity to continue our relationship,"said
Rachel Woodward,a spokeswoman for the company.
While the convention authority has had a good working
relationship with CenturyLink,officials wanted to explore other
options, Engdahl said.
Page 1360 of 1637
haps'.//www.apnews.com/ado30c45f68a4a71 b461ac1e34f/4976 1/5
10/8/2018 Omaha convention center could get a new name
The authority has contracted with Professional Sports Partners
to create a new agreement. It will pay the company$to,000 for
at least six months and an additional 3 percent of the gross
naming rights deal if the company secures a naming rights
agreement.
The arena and convention center opened in 2.003. Qwest had a
15-year agreement with the city,but the complex was renamed
in Zen after CenturyLink acquired Qwest.When the naming
rights first were discussed in the early 2000s,Mutual of Omaha,
ConAgra and Cox Communications were all likely candidates.
Naming rights for an arena will likely attract a business that
values being philanthropic,said Phani Tej Adidam,professor of
marketing and entrepreneurship at the University of Nebraska
at Omaha.
"It's like giving back,"he said. "They want to show they're a
good citizen."
Information from: Omaha World-Herald,
http://www.omaha.corn
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02OOj— 21-90
s/ Os- lR '7f-/
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
THE SUPERLATIVE GROUP, INC.
FOR PHASE I PROFESSIONAL SERVICES
IN CORPORATE SPONSORSHIP MARKETING
THIS AGREEMENT made and entered into this 22ntl day of March, 2007, by and
between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a
municipal corporation, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida, 33139, and THE SUPERLATIVE GROUP, INC. (hereinafter
referred to as Consultant), an Ohio corporation, having its principal office at 2706
Franklin Boulevard, Cleveland, Ohio 44113.
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant.
City Manager: The Chief Administrative Officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed
to be an independent Consultant,and not an agent or employee of
the City.
Services: All services, work and actions by the Consultant performed
pursuant to or undertaken under this Agreement, as described in
Section 2.
Fee: Amount paid to the Consultant to cover the costs of the Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention
Center Drive,Third Floor, Miami Beach, Florida 33139,telephone
number (305) 673-7000, Ext. 6435, and fax number (305) 673-
7023.
Page 1365 of 1637
Proposal
Documents: "Proposal Documents"shall mean City Request for Proposals, No.
06-04/05 for the Development and Implementation of a Citywide
Corporate Marketing and Sponsorship Program, together with all
amendments thereto by the City issued in contemplation of this
Agreement, and the Consultant's proposal in response thereto
(Proposal Documents), all of which are incorporated by reference
hereto and made a part hereof; provided, however, that in the
event of a conflict between the Proposal Documents and this
Agreement, the terms of this Agreement shall supercede and
prevail.
SECTION 2
SCOPE OF WORK
The Consultant agrees to provide the City with the following services
(collectively, the Services):
2.1 Phase I Services:
In Phase I, the Consultant will research, write and deliver to the City three
reports with the goal of enabling the City to determine whether it might profitably and
appropriately operate a Corporate Sponsorship Program. The three deliverables are:
1) Marketing Asset Inventory and Valuation: A written inventory of existing and
prospective tangible and non-tangible marketing assets, including an estimate of
their potential sponsorship financial value;
2) Comprehensive Sponsorship Policy: A written policy reflecting recent
municipal corporate sponsorship policy guidelines employed by cities in the U.S.
with corporate sponsorship marketing potentials similar to those of the City of
Miami Beach.
3) Strategic Plan for Marketing Assets: A written plan for maximizing the
corporate sponsorship potential of City of Miami Beach assets through
Page 1366 of 1637
marketing of those assets.
2.2 Objective 1: Inventory and Valuation of Existing and Prospective Tangible and
Non-tangible Marketing Assets.
The inventory should include, but not be limited to:
1. On-site visitations and interviews of City department heads and other personnel,
as may be deemed necessary by the City Manager or his designee, in his or her
reasonable discretion or determination, as a planning step to understanding the
existing marketing and sponsorship activity level.
These visitations/interviews will include, but not be limited to, supervisory City
personnel responsible for:
• Building Department
• City-owned Marinas
• Children's Affairs
• Tourism & Cultural Affairs
• Community Development
• Economic Development
• Historic Preservation
• Finance Department
• Fire Department
• Information Technology
• The Mayor and Members of the City Commission
• Office of Budget & Performance Improvement
• Parking Department
• Police Department
• Parks & Recreation Department
• Planning Department
• Procurement Division
• Sanitation Department
• City-owned visitor and convention, entertainment and cultural facilities
including, without limitation, the Miami Beach Convention Center, the
Page 1367 of 1637
Jackie Gleason Center of the Performing Arts, the Bass Museum, the
Colony Theater, the Byron Carlyle Theater, the Miami Beach Botanical
Garden.
The objective of these visitations/interviews would be to gain an understanding of
the aforestated respected City department and division goals, plans, commitments,
resources and all other data required to prepare a Sponsorship Marketing Asset
Inventory and Valuation. Such data will be consolidated into a spreadsheet format to
provide a comprehensive asset database.
With approval of and direction from the City Manager and/or his designee, the
Consultant will also visit/interview outside organizations and businesses whose
activities impinge on the overall success of the City.
These include, but are not limited to:
• Health agencies & Hospitals
• Beach Concessionaires
• Other Vending Concessionaires
• County and State Department of Transportation
• Entertainment and Cultural Facilities within the City (such as the
Wolfsonian Museum, The Bass Museum,the Lincoln Theater,the Miami
City Ballet, New World Symphony, and the Ziff Jewish Museum)
• Miami Beach Golf Courses
• Miami Beach Tennis Facilities
• City of Miami Beach Government Access Cable TV Station
The Consultant also will review all contracts for special events (as further
outlined in the Proposal Documents.)
The Consultant will also educate City personnel and contractors and consultants
regarding the potential of the corporate sponsorship program to enhance the City of
Miami Beach brand, to strengthen the City's economic base, and to attract additional
revenue(s).
2. Examination of any current City asset management agreements, including but not
limited to agreements for:
a. Beach Concessions;
Page 1168 of 1637
b. Golf Courses;
c. Vending Machines;
d. Tennis Centers;
e. Jackie Gleason Theater of the Performing Arts; and
f. Miami Beach Convention Center.
3. Examination of City marketing materials and other information on past
sponsorship efforts, and the level of success.
4. Provide a deliverable list of practical licensing opportunities for the City of Miami
Beach.
5. Add/suggest to the City other sponsorship opportunities.
6. Organize all data collected into a database (e.g., spreadsheet format or other
user-friendly format). Examples of data collected are as follows:
o Inventory Item Category (advertising, event, preferred vendor, capital
project, naming rights, etc.);
o Address/physical location, description, date added to the database,
utilization statistics;
o Pedestrian, vehicular, viewership or other relevant exposure data;
o Marketing opportunity available (advertising, branding, promotion, etc.);
o Rights available, date available, etc.;
o Any sales history (to whom, what price, when, etc.);
o Any known conflicts/limitations on selling;
o Contact address, phone fax and e-mail;
o Terms (length, price, options to renew);
o Rights granted;
Page 1369 of 1637
o Any encumbered reversionary rights;
o Legal/policy limitations on rights;
o Suggested pricing;
o Assessment of the value range for assets;
o Suggested/possible bundling opportunities with other assets;
o Assessment of the degree of difficulty to obtain a sponsorship
agreement; and
o Indication of priority.
2.3 Objective 2: Create a Comprehensive Sponsorship Policy
Write a comprehensive Corporate Sponsorship Policy tailored to the City of
Miami Beach and reflecting industry state-of-the-art "best practices." This document
will include examples of how other cities have developed similar programs and the
results achieved Consultant shall:
1) Review current sponsorship acceptance procedures.
2) Participate in and support process to match community/City
Commission Expectations, and community sensitivities to possible
sponsorship opportunities.
3) Specify the approach to be used to address the expected sponsorship
opportunities.
4) Specify how the policy would address or impact existing financial
planning and economic development for the City.
5) Submit draft policy. Present/discuss developing policy as directed by
City.
6) Identify any conflicts and/or limitations of applicable City of Miami
Beach Charter and Code provisions,( vis-a-vis implementation of a
Corporate Sponsorship Program).
2.4 Objective 3: Develop Strategic Plan for Marketing Assets
Write a Strategic Plan for marketing of City of Miami Beach assets identified and
Page 1*70 of 1637
evaluated through Objectives 1 and 2 hereof. This report will include, but not be limited
to the following:
1) Prioritize the database.
2) Develop a written strategy document.
3) Assess the City's potential and recommend process/policy to earn
income from Product Licensing Agreements.
4) Assess 'Partner Designation/Use of Logo' opportunities.
5) Assess "Product Category Exclusivity".
6) Identify "Cost Reduction Opportunities' for items currently purchased
by the City of Miami Beach.
7) Assess the City's"Licensing" potential by conducting a brand review and
assessment, including an analysis of target categories and sub-
categories provision of a licensing marketing plan, if such potential is
found to exist.
SECTION 3
COMPENSATION
3.1 FIXED FEE
Consultant shall be paid a fixed fee of$39,000, for the Services as set forth in
Section 2 which Services shall be undertaken and completed in accordance with the
timelines set forth in Section 4.5 hereof. Said fixed fee of $39,000, shall be paid as
follows:
a. $26,500 upon satisfactory completion and delivery of the
Marketable Asset Database as described in Section 2.2 hereof,
including a financial valuation of enumerated assets.
b. $4,000 upon satisfactory completion and delivery of a Corporate
Sponsorship Policy as described in Section 2.3 hereof.
c. $8,500 upon satisfactory completion and delivery of a Strategic
Marketing Plan as described in Section 2.4 hereof.
Travel expenses will be limited to a not to exceed reimbursable amount of
Page 1371 of 1637
$7,500 for the entire term of this Agreement. Consultant shall provide City with receipts
and expense reports.
The parties further acknowledge and agree that, upon satisfactory completion
and delivery of the Services, as set forth herein, the City shall have no obligation to
proceed with Consultant, and/or otherwise retain Consultant, for Phase II services, if
any. Accordingly, the City shall have no liability to Consultant should it decide, at its
sole discretion and election, not to proceed.
Notwithstanding the preceding paragraph, in the event City and Consultant
negotiate and enter into a separate agreement, or duly approved and executed
amendment to this Agreement, for the provision of Phase II services, then Consultant
agrees to refund the City 50% of all fees paid to Consultant, or $19,500; said
reimbursement amount to be paid to the City from commissions earned on the first$2-
million dollars worth of sponsorship sales on behalf of the City.
3.2 INVOICING
Consultant shall submit an invoice, which includes the purchase order number
and a detailed description of the Services provided.
3.3 METHOD OF PAYMENT
Upon review of approval of Consultant's invoice by the City, payments shall be
made for Services satisfactorily rendered within thirty(30)days of the City's receipt of
same. Consultant shall mail all invoices to:
City of Miami Beach
Accounts Payable
1700 Convention Center Drive, 3'" Floor
Miami Beach, Florida 33139
Page 1§72 of 1637
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise
that degree of skill, care, efficiency and diligence normally exercised by recognized
professionals with respect to the performance of comparable services. In its
performance of the Services, the Consultant shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, State of Florida, and
Federal Government.
4.2 RESPONSIBILITY OF CITY
The City's cooperation will, at a minimum, consist of the following:
a) Designation of an individual who shall serve as the contact person
between Consultant and the City, and who shall serve as the City's
project manager for this Agreement.
b) Coordinating and providing reasonable access to relevant City personnel.
c) Coordinating and providing reasonable access to relevant City
documents, including asset management agreements, marketing
materials, and historical and financial information.
4.3 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section
287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's
Procurement Division, prior to commencement of the Services herein.
4.4 DURATION AND EXTENT OF AGREEMENT TERM
The term of this Agreement shall be for a period of one-year commencing on the
last date of execution of the Agreement by the parties hereto.
Page 9373 of 1637
4.5 TIME OF COMPLETION
Notwithstanding the term in Section 4.4 above, the Services to be rendered by
the Consultant shall be commenced upon receipt of a written Notice to Proceed from
the City (which notice shall be issued as soon as reasonably practicable following
execution of the Agreement by the parties hereto) and, thereafter, Consultant shall
diligently prosecute and complete the Services in accordance with the Timetable below.
The City recognizes that the nature of the Consultant's information gathering
process and shall support the simultaneous preparation of all three deliverables:
a.) Objective 1: Completion and delivery within 6-months of Notice to
Proceed.
b.) Objective 2: Completion and delivery within 8-months of Notice to
Proceed.
c.) Objective 3: Completion and delivery within 10-months of Notice to
Proceed.
4.6 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and
its officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Consultant, its employees, agents,
sub-consultants, or any other person or entity acting under Consultant's control, in
connection with the Consultant's performance of the Services pursuant to this
Agreement; and to that extent,the Consultant shall pay all such claims and losses and
shall pay all such costs and judgments which may issue from any lawsuit arising from
such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.The parties agree that
one percent (1%) of the total compensation to the Consultant for performance of the
Services under this Agreement is the specific consideration from the City to the
Page ,Q74 of 1637
Consultant for the Consultants Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees and
agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
4.7 TERMINATION, SUSPENSION AND SANCTIONS
4.7.1 Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate
any of the covenants, agreements, or stipulations material to this Agreement, the City
shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause,the City shall notify the Consultant in writing
of its violation of the particular terms of this Agreement and shall grant Consultant
seven (7) days to cure such default. If such default remains uncured after seven (7)
days,the City, upon three(3)days'notice to Consultant, may terminate this Agreement
and the City shall be fully discharged from any and all liabilities, duties and terms
arising out of/or by virtue of this Agreement, except for amounts due and owing to
Consultant for work deemed by the City to have been completed satisfactorily before
the effective date of termination.
Notwithstanding the above, the Consultant shall not be relieved of liability
to the City for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall additionally be entitled to
bring any and all legal/equitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees.
Page 1175 of 1637
4.7.2 Termination for Convenience of City
Notwithstanding Section 4.7.1,the City may also,for its convenience and
without cause, terminate at any time during the term hereof by giving written notice to
Consultant of such termination, which shall become effective seven (7)days following
receipt by the Consultant of the written termination notice. In that event, all finished or
unfinished documents and other materials, as contemplated in Section 2, shall be
properly assembled and delivered to the City, at Consultant's sole cost and expense. If
the Agreement is terminated by the City as provided in this subsection,Consultant shall
be paid for any Services satisfactorily performed, as determined by the City at its
discretion, up to the date of the termination. Provided, however, that as a condition
precedent to such payment, consultant shall have delivered any and all documents,
materials, etc. to the City as required herein.
4.7.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event
the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.7.2.
4.7.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultants noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City, Miami-
Dade County, and / or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Consultant
under the Agreement until the Consultant complies and/or cancellation, termination or
suspension of the Agreement. In the event the City cancels or terminates the
Agreement pursuant to this Subsection the rights and obligations of the parties shall be
the same as provided in Section 4.7.2.
Page 1376 of 1637
4.8 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Consultant.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City.
4.9 OWNERSHIP OF DOCUMENTS
All documents prepared by the Consultant pursuant to this Agreement are
related exclusively to the Services described herein, and are intended or represented
for ownership by the City. Any reuse, distribution, or dissemination of same by
Consultant, other than to the City, shall first be approved in writing by the City.
4.10 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance
has been approved by the City's Risk Manager. The Consultant shall maintain and
carry in full force during the term of this Agreement the following insurance:
1. Consultant General Liability in the amount of$1,000,000.
2. Consultant Professional Liability in the amount of$200,000.
3. Workers Compensation & Employers Liability as required pursuant to Florida
statute.
4. The insurance must be furnished by insurance companies authorized to do
business in the State of Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to
the City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City
Hall.
6. The Consultant is solely responsible for obtaining and submitting all insurance
certificates for its sub-consultants.
All insurance policies must be issued by companies authorized to do business
under the laws of the State of Florida. 7The companies must be rated no less
Page i 77 of 1637
than "B+" as to management and not less than "Class VI" as to strength by the
latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk
Manager. Compliance with the foregoing requirements shall not relieve the
Consultant of the liabilities and obligations under this Section or under any other
portion of this Agreement, and the City shall have the right to obtain from the
Consultant specimen copies of the insurance policies in the event that submitted
certificates of insurance are inadequate to ascertain compliance with required
overage.
4.10.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
4.10.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any
services pursuant to this Agreement until the City has received and approved, in writing,
certificates of insurance showing that the requirements of this Section (in its entirety)
have been met and provided for.
4.11 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under
this Agreement in whole or in part, without the prior written consent of the City.
4.12 SUB-CONTRACTORS
The Consultant shall be liable for the Consultant's services,
responsibilities and liabilities under this Agreement and the services, responsibilities
and liabilities of sub-contractors, and any other person or entity acting under the
direction or control of the Consultant. When the term "Consultant" is used in this
Agreement, it shall be deemed to include any sub-contractors and any other person or
Page 1 i78 of 1637
entity acting under the direction or control of Consultant. All sub-contractors must be
approved in writing by the City prior to their engagement by Consultant.
4.13 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant
shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, and national origin, place of birth, marital
status, physical handicap, or sexual orientation. The Consultant shall take affirmative
action to ensure that applicants are employed and that employees are treated during
their employment without regard to their race, color, religion, ancestry, sex, age,
national origin, place of birth, marital status, disability, or sexual orientation.
4.14 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan
Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as some may be
amended from time to time; and by the City of Miami Beach Charter and Code, as
some may be amended from time to time; all of which are incorporated by reference
hereto as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner or degree
with the performance of the Services. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly be
employed by the Consultant. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefits
arising therefrom.
4.15 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all
information, specifications, processes,data and findings, shall be made available to the
City for public use.
Page 113579 of 1637
No reports, other documents, articles or devices produced in whole or in
part under this Agreement shall be the subject of any application for copyright or patent
by or on behalf of the Consultant or its employees or sub-contractors, without the prior
written consent of the City.
4.16 NOTICES
All notices and communications in writing required or permitted hereunder
may be delivered personally to the representatives of the Consultant and the City listed
below or may be mailed by registered mail, postage prepaid (or airmailed if addressed
to an address outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications
shall be addressed as follows:
TO CONSULTANT: The Superlative Group, Inc.
Attn: Myles Gallagher, President
2706 Franklin Boulevard
Cleveland, Ohio 44113
(216) 592-9400
TO CITY: City of Miami Beach
Attn: Hilda Fernandez
Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7490
With copies to:
City of Miami Beach
Communications Office
Attn: Jay Moore
1700 Convention Center Drive
Page 1'80 of 1637
Miami Beach, FL 33139
(305) 673-7575
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
4.17 LITIGATION JURISDICTIONNENUE
This Agreement shall be enforceable in Miami-Dade County, Florida,and
if legal action is necessary by either party with respect to the enforcement of any or all
of the terms or conditions herein, exclusive venue for the enforcement of same shall lie
in Miami-Dade County, Florida.
BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
4.18 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written with reference to the subject matter hereof that are not merged herein
and superceded hereby. The Services and the Proposal Documents are hereby
incorporated by reference into this Agreement.
4.19 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can
place a limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of$1,000. Consultant hereby expresses its willingness to enter
into this Agreement with Consultant's recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of$1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Page H81 of 1637
•
Consultant hereby agrees that the City shall not be liable to the Consultant for damages
in an amount in excess of$1,000 for any action or claim for breach of contract arising
out of the performance or non-performance of any obligations imposed upon the City by
this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is
in anyway intended to be a waiver of the limitation placed upon the City's liability as set
forth in Section 768.28, Florida Statutes.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 1382 of 1637
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY O4IAl BEACH, FLORIDA
ATTEST:
By: frA iaittit-i^-
City ClerkPr Mayor
FOR CONSULTANT: SUPERLATIVE GROUP, INC.
ATTEST: .. ''
By: By: 11. 4,10 A4G�� ,
Secretary/ Signature � / Sign. ure 4
:rtic4affillillty tffg-/7 2esrn4r
Print Name/ Title Print Name /Title
APPROVED AS TO
FORM&LANGUAGE
tFOR EXEA.TION
ad LID1/34/1/7
t1►
Page 19
383 of 1637
,010-0173oy
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA (CITY) AND THE
SUPERLATIVE GROUP,INC. (CONSULTANT) FOR PROFESSIONAL
SERVICES IN CORPORATE SPONSORSHIP MARKETING PURSUANT TO
REQUEST FOR PROPOSALS NO. 06-04/05 ��--
This Amendment No. 1 is made and entered this /51 day of tC6rk'r ,2010, by
and between the CITY OF MIAMI BEACH, FLORIDA (City), a municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida, 33139, and THE SUPERLATIVE GROUP, INC. (Consultant), an Ohio
corporation, having its principal office at 2706 Franklin Blvd., Cleveland, Ohio, 44113.
RECITALS:
WHEREAS, on February 23, 2005, the City Commission approved the issuance
of Request for Proposals No. 06-04/05 for the purpose of implementing a municipal
marketing program (the RFP); and
WHEREAS, on March 22, 2007, the City entered into a Professional Services
Agreement with Consultant for Phase I of a municipal marketing program, which
included the development of an Asset and Valuation Inventory, a Strategic Planning
Document,and a Policy Document (the Agreement); and
WHEREAS, Consultant has completed its Phase I services/deliverables; and
WHEREAS, the City and Consultant now wish to amend the Agreement in order
to proceed with, and provide the scope of services and compensation schedule for, Phase
II of the municipal marketing program, which will address implementation of the
program (including, without limitation, soliciting and entering into municipal marketing
agreements with business entities).
NOW THEREFORE, in consideration of the mutual promises contained herein,
the City and Consultant hereby amend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated by
reference into this Amendment.
2. Section 1 of the Agreement, entitled "Definitions," is amended to include the
following defined term:
Sponsorship Agreements: shall mean fully executed written contracts
procured by Consultant, and approved by the City, for sponsorships,
naming rights, and/or licensing agreements. Notwithstanding the
Page 1384 of 1637
preceding, Sponsorship Agreements shall not include contracts where the
sponsor, person or entity requesting the naming right(s), and/or licensee,
initiates the contact directly with the City, and there has been no previous
contract between Consultant and that sponsor (or person/entity requesting
the naming right(s) and/or licensee)on behalf of the City.
3. Section 2 of the Agreement, entitled "Scope of Work," is amended to include and
incorporate Exhibit "A," attached hereto, which shall define Consultant's scope of
work/services for Phase II of the Agreement (development and implementation of
the City's municipal marketing program). In addition to the scope of services,
Exhibit "A" also sets forth the timeline within which Consultant is required to
complete any deliverables, and/or achieve milestones/benchmarks, as required by
the City for Phase II.
4. Section 3.1 of the Agreement, entitled "Fixed Fee," is deleted in its entirety and
replaced with the following new Section 3.1, entitled "Compensation for Phase
II":
3.1. The City hereby acknowledges that it has elected to proceed with
Consultant to provide Phase II services under the Agreement, as more
specifically set forth in Exhibit"A"hereto.
Accordingly, in consideration of Consultant's performance in a
satisfactory and efficient manner, as determined solely by the City
Manager or his designee, of Phase II services and work, as set forth in this
Amendment No. 1 and Exhibit "A" hereto, the City agrees to compensate
Consultant as follows:
3.1.1 Upon the parties' execution of this Amendment No. 1, and
as agreed in the original Agreement, Consultant shall
refund to City fifty percent (50%) of the fees (or $19,500)
paid to Consultant for Phase I services under the
Agreement. The City shall deduct this $19,500 amount as a
reimbursable draw from commissions earned by Consultant
on the first $2 million of total gross revenues to the City
(OR) generated by Sponsorship Agreements obtained by
Consultant pursuant to this Agreement. In the event that
the commissions due Consultant during the initial term of
the Agreement do not satisfy the $19,500 owed to the City,
then the City and Consultant shall mutually agree on an
alternative method for reimbursement of the full (or
remainder of the full)amount.
3.1.2 On the Commencement Date (as defined in Section 4.4),
and thereafter at the beginning of every month for the
proceeding eight (8) months of the Term, City shall pay
2
Page 1385 of 1637
Consultant a draw against future commissions on
Sponsorship Agreements, in the amount of $5,500. The
draws shall be credited against any commissions due
Consultant. In no event shall the total amount of the draws
against commissions paid to Consultant during the first
nine (9)months of the Term, exceed $49,500.
3.1.3 Commission Structure. Consultant shall be entitled to
receive a commission based upon a percentage of total
gross revenues to the City (GR) generated by Sponsorship
Agreements obtained by Consultant pursuant to this
Agreement (Commission Payment). The commission
structure shall be as follows:
(i) 15% commission on $0 — 250,000 in GR to
City;
(ii) 12% commission on $250,001 — 500,000 in GR
to City;
(iii)l0% commission on $500,001 — 1,000,000 in
OR to City;
(iv)6% commission on$1,000,000+ in GR to City;
And, additionally,
(v) 7% commission on renewals (percentage of OR
for first renewal only);
(vi)45% commission on licensing agreements (to
include monitoring); and
(vii) 10% commission on budgeted cost
avoidance measures, as defined in Section 3.1.6.
3.1.4 City shall pay Consultant the Commission Payment within
sixty (60) days following receipt of revenues from
Sponsorship Agreements. Consultant shall only be entitled
to receive Commission Payments on payments actually
received by the City. If the Agreements are multi-year in
nature, and payments to the City are made annually or in
installments, then Consultant shall be paid the Commission
Payment within sixty (60) days after receipt of the annual
(or other installment) payment by City.
3.1.5 The packaging and pricing of Sponsorship Agreements
may be changed by the City from time to time, in its sole
and reasonable judgment and discretion, and Consultant
shall not receive any increase in Commission Payments as
a result of such change(s) unless (i) Consultant directly
3
Page 1386 of 1637
negotiated the change(s); and (ii) the City (through its City
Manager or his/her designee) and Consultant agree, in
writing, that Consultant is entitled to an increased
Commission Payment(s) as a result of such change(s).
3.1.6 For purposes of this Section 3.1, "budgeted cost avoidance
measures" shall mean procurement by Consultant of items
previously included in the City's approved annual
operating budget. Consultant shall receive a Commission
Payment for such item(s) if, and only if, City would have
purchased said item(s) from another source outside the
scope of this Agreement. The Commission Payment for
said item(s) shall be based on the amount budgeted and
such payment shall be made upon delivery and acceptance
by the City of the item(s). The City shall not owe nor be
required to pay a Commission Payment if said item(s)
does/do not assist or reduce items in the City's approved
annual operating budget. Whether or not a particular item
falls within the definition of budgeted cost avoidance
measures shall be left to the sole discretion of the City
Manager or his/her designee.
3.1.7 The City shall reimburse Consultant's travel and other out
of pocket expenses for Phase II, up to a total amount not to
exceed $15,000 during the Term. The City Manager or
his/her designee must approve all expense reimbursements
in advance, in writing. The City shall not owe, nor be
required to reimburse Consultant for, any expenses that
have not been pre-approved, in writing, by the City
Manager or his/her designee.
3.1.8 All work/services performed by Consultant hereunder shall
be performed to the satisfaction of the City Manager or
his/her authorized designee. The determination by the City
Manager (or his/her authorized designee) shall be final,
binding and conclusive on all parties hereto. Final
acceptance of work product and services shall require
written approval by the City Manager or his/her designee.
Payment will only be made to Consultant following written
approval of any such final work product and/or services by
the City Manager or his/her designee. The City shall be
under no obligation to pay for any work/services performed
by Consultant which is not satisfactory to the City Manager
or his/her designee. The City Manager shall have the right
to terminate this Agreement should Consultant's work not
be satisfactory to the City Manager (or his/her authorized
4
Page 1387 of 1637
designee); provided however, that the City shall have no
obligation to terminate and may withhold payment for any
unsatisfactory work/services, (even should City not elect to
terminate).
3.19 The City shall not be obligated nor liable under this
Agreement to any party other than Consultant, for the
payment of any monies or the provision of any goods or
services.
3.2.0 Additional Services. At its sole option and discretion, the
City may request Consultant to provide additional services
(and reserves the right to negotiate an additional fee and/or
separate commission structure for), subject to mutual
agreement of the parties and pursuant to a written
amendment to this Agreement, executed by the parties.
Additional services may include, without limitation, a
request by the City to Consultant for Consultant's
assistance with any existing City municipal marketing
and/or agreement(s); and assistance on sponsorship
agreements, license agreements, etc. that the City
negotiates directly with Consultant.
5. The language in Section 4.4 of the Agreement, entitled "Duration and Extent of
Agreement Term," is deleted in its entirety, and replaced with the following new
language:
The term of this Agreement shall be for an initial term of three (3) years,
commencing on the last date of execution of the Agreement by the parties hereto
(Commencement Date). At the City Manager's sole option and discretion, the
Agreement may be renewed for two (2) additional one (1) year renewal terms,
upon the same terms and conditions set forth herein, upon written notice to
Consultant, which notice shall be provided no later than thirty (30) days prior to
the expiration of the initial term (or the first renewal term, as the case may be).
6. Section 4.7 of the Agreement, entitled "Termination, Suspension and Sanctions,"
is amended to include the following new Section 4.7.5, entitled "Payment
Calculation Upon Termination/Procedure(s) Upon Termination:"
4.7.5 Payment Calculation Upon Termination/Procedure(s) Upon
Termination.
4.7.5.1 For Convenience by City or for Cause by Consultant.
In the event the City terminates the Agreement for
convenience, or Consultant terminates the Agreement for
5
Page 1388 of 1637
cause, Consultant shall be entitled to its Commission
Payment(s) on Sponsorship Agreements executed as of the
date of termination.
4.7.5.2 For Cause by City.
In the event this Agreement is terminated for cause by the
City (as a result of breach by the Consultant), any amount
owed Consultant will be calculated based solely upon the
fair value to the City provided by Consultant up to the date
of termination.
The City shall have the right, at its sole option and
discretion, to contract with another consultant to complete
(and/or continue, as the case may be) the work/services
required under this Agreement. The City shall also have
the right to offset the cost of the agreement with a new
consultant against Consultant's future or unpaid invoices
(including, without limitation, any unpaid Commission
Payments).
4.7.5.3 Within thirty (30) calendar days of the effective date of
termination of this Agreement, Consultant shall submit to
City its claims, in detail, for the monies owed by the City
for work/services performed under this Agreement through
the effective date of termination. Failure of Consultant to
submit its claims within said thirty (30) calendar days shall
negate any liability on the part of City and constitute a
waiver by Consultant of any and all right or claims to
collect monies that Consultant may rightfully be otherwise
entitled to for work/services performed under this
Agreement.
4.7.5.4 Upon the effective date of termination of this Agreement,
Consultant shall cease all work/services being performed
by Consultant (including any of its subcontractors)
pursuant to this Agreement. Should Consultant be in
negotiations with a potential sponsor at the time of
expiration or earlier termination of this Agreement, the City
will be allowed, at its discretion, to continue negotiations
and/or otherwise follow up with any such potential
sponsor(s), without any liability to Consultant (whether
financial or otherwise).
4.7.5.5 Regardless of how this Agreement is terminated,
Consultant shall affect an orderly transfer to City, or to
6
Page 1389 of 1637
such person(s) or firm(s) as the City Manager or his/her
designee may designate, at no additional cost to the City, of
all completed or partially completed documents, papers,
records, charts, reports, and any and all other materials or
information produced as a result of, or pertaining to, the
work/services rendered by Consultant, hereunder,
regardless of storage medium (collectively, the Records).
Assembly and delivery of the Records to City shall be at
Consultant's sole cost and expense. Payment of any
compensation due to Consultant shall be conditional upon
delivery of any and all Records, as required herein.
4.7.5.6 In no event shall City's action of terminating this
Agreement, whether for cause or otherwise, be deemed an
election of City's remedies, nor shall such termination
limit, in any way, at law or equity, City's right to seek
damages or otherwise pursue Consultant for any default
hereunder or other action.
4.7.5.7 UNDER NO CIRCUMSTANCES SHALL CITY BE
LIABLE TO CONSULTANT, OR TO ANY THIRD
PARTY CLAIMING BY OR THROUGH
CONSULTANT, FOR CONSEQUENTIAL DAMAGES
OR LOST PROFITS.
7. Section 4.16, entitled "Notices," shall delete the reference to the City's
Communications Office(and Jay Moore).
8. Section 4.19, entitled "Limitation of Liability," is hereby amended throughout
said section to change the dollar amount of the City's limit on its liability from
$1000 to $50,000. In addition to being capped at $50,000, the City's liability for
any cause of action for money damages due to an alleged breach by the City of
the Agreement shall also be offset by any sums actually paid to Consultant by
City through the effective date of termination of the Agreement.
9. Section 4.20, entitled"Dispute Resolution," is hereby added as follows:
4.20 Dispute Resolution.
City and Consultant agree that every effort shall be made to
resolve any dispute arising under this Agreement informally
through their designated representatives. For purposes of this
section, the City's designated representative shall be the City
Manager or his/her designee.
7
Page 1390 of 1637
If the informal efforts are unsuccessful, then either party may
request mediation by submitting a written request to the other
party. Within thirty(30) calendar days, of the request of any party,
the parties shall mutually agree on the person or alternative dispute
resolution agency to conduct the mediation. The initiating party
shall then schedule the mediation. The costs of the mediation and
fees of the mediator, if any, shall be borne equally by the parties.
Any dispute not resolved through the mediation may proceed to
litigation in a court of competent jurisdiction in Miami-Dade
County, Florida, unless the parties agree, in writing, to submit the
dispute to binding arbitration.
The duties and obligations imposed by this Agreement, and the
rights and remedies available hereunder, shall be in addition to,
and not a limitation of, any duties, obligations, rights, and remedies
otherwise imposed or available by law. No action or failure to act
by the City or Consultant shall constitute a waiver of any right or
duty afforded either of them under this Agreement, nor shall any
such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be
specifically agreed to in writing.
10. Consultant's invoices for any payments due pursuant to this Agreement shall be
mailed to:
City of Miami Beach
Office of the City Manager
1700 Convention Center Drive, Miami Beach, Florida 33139
Attention: Hilda Fernandez, Assistant City Manager
11. No Further Modifications. Except as provided in this Amendment No. 1, the
Agreement remains unmodified and in full force and effect.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
8
Page 1391 of 1637
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
ATTEST: CITY OF MIAMI BEACH,FLORIDA
AA(Pak Cia,
SillitilA)
(lf1Ty Clerk r
a
ATTEST: THE SUPE' T GROUP,INC.
lilts b
ecretary
Ashley Malone
Print Name Prin r
APPROVED AS TO
FORM&LANGUAGE
&FOR CUTION
i *TO
tit/ Date
Page 134 of 1637
EXHIBIT A
SCOPE OF SERVICES
1. Develop and present within 90 days of agreement execution a list of
corporate prospects (local, regional, national and/or international) to pursue,
•
both short term (12 — 18 months) and long term (18-36 months), and develop
a priority list and marketing and sales plan for these prospects.
2. Develop, in cooperation with the City's Communications staff, marketing
materials (within 90 days of agreement execution)
3. Assist the City in the development of Request for Proposals or "Invitation for
Best Value Bids" or any such other process that assists the City in
maintaining an open and competitive process for soliciting and securing
corporate partnerships, as may be appropriate for each type of municipal
marketing opportunity. This would include marketing the opportunity to
potential partners, and assisting the City in the evaluation of proposals
received.
4. Assist the City in negotiating the municipal marketing partnership agreement
terms with selected partners, and in the development of the municipal
marketing partnership agreement document.
5. Present prospective municipal marketing partners for the City's consideration.
6. Assist City staff with any community vetting necessary to ensure an
understanding of proposed partnerships and address concerns.
7. Assist City staff, as needed, in determining what, if any, City ordinances may
require amendment to accomplish some of the goals or particular municipal
marketing strategies.
8. Develop a plan for managing the fulfillment obligations for each successful
municipal marketing agreement
9. Provide monthly reports that provide a status update on the progress in
achieving Item 1 above, including what phase of progress has been made
(e.g. research/identification of targets, contact made, meetings held, follow up
held, preliminary proposal drafted/discussed, etc.)
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