HomeMy WebLinkAbout2003-25107 Reso
RESOLUTION NO. 2003-25107
RESOLUTION APPROVING ISSUANCE OF A REQUEST FOR
PROPOSALS FOR THE MANAGEMENT AND OPERATION
OF THE MIAMI BEACH CONVENTION CENTER AND THE
JACKIE GLEASON THEATER OF THE PERFORMING ARTS,
OR THE JACKIE GLEASON THEATER OF THE
PERFORMING ARTS ONLY, WITH AN OPTION TO MANAGE
AND/OR MARKET OTHER CITY CULTURAL FACILITIES, IF
DEEMED TO BE IN THE CITY'S BEST INTEREST.
WHEREAS, on September 7, 1990 the City of Miami Beach issued a Request for
Proposals (RFP) for the management of the Miami Beach Convention Center (MBCC) and the
Jackie Gleason Theater of the Performing Arts (TaPA); and
WHEREAS, the bid was awarded to Spectacor Management Group now known as
SMG; and
WHEREAS, on December 19, 1990, the City of Miami Beach entered into a
Management Services Agreement with SMG for the management of the MBCC and TOPA for
two successive one-year terms covering the period of January 1,1994, through December 31,
1995; and
WHEREAS, on April 19, 1995, the City Commission approved the waiver of formal
bidding procedures for the Management Contract, thus extending the Management Services
Agreement with SMG, and approving a new Agreement for the period of October 1, 1995,
through September 30, 1998; and
WHEREAS, on December 5, 1997, the City of Miami Beach authorized RFP No. 5-
97/02, seeking proposals from qualified firms for the management and operation of MBCC
and/or TOPA; and
WHEREAS; on July 15, 1998, the Mayor and City Commission adopted Resolution 98-
22850 authorizing execution of an Agreement with SMG for three (3) years with two (2) one
year renewals which will expire on September 30, 2002; and
WHEREAS, since the Agreement does not provide for any further renewal options, on
July 31, 2002, an item was referred to the Finance and Citywide Projects Committee which
recommended the Administration issue a RFP seeking qualified firms for the management and
operation of the MBCC and TOPA; and
WHEREAS, on August 27, 2002 and November 19, 2002, the Convention Center
Advisory Board discussed the future management and operation of the MBCC and TOPA and
adopted motions at both meetings recommending the City negotiate a no bid contract to the
current operators due to the lack of qualified competitive operators worldwide and SMG's
proven track record, their professional management and operational expertise; and
WHEREAS, the referenced RFP will include new language as follows:
1. Unlike the previous bidding document, the subject RFP is for the
management and operation of the MBCC and the TOPA, and not for
either of the facilities.
/
~.
2. A minimum requirement of five years experience in management and
operation of a convention center facility and a performing arts center by
the firm and/or key personnel of the firm.
3. The RFP will further enable the City, at its sole discretion and option, to
elect to negotiate with the successful operator to manage and/or market
other City cultural facilities such as the Byron-Carlyle Theater, the Acorn
Theater, the bandshell and/or the Colony Theater, during the term of their
contract; and
WHEREAS, all the proposals must submit fee packages for the optional facilities.
NOW, THEREFORE, BE IT DULY RESOLVED approving issuance of a Request for
Proposals for the Management and Operation of the Miami Beach Convention Center and the
Jackie Gleason Theater of the Performing Arts, or the Jackie Gleason Theater of the Performing
Arts only, with an option to manage and/or market other City cultural facilities, if deemed to be in
the City's best interest.
PASSED and ADOPTED this 8th day of January, 2003.
A~T' ~
lMd" A~
CITY CLERK
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T:\AGENDA\2003\jan0803\regular\Convention Center RFP RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
M ~i-::- g~1-fr rJ3
City A1tomey~ Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
A Resolution approving issuance of a Req uest for Proposals for the Management and Operation
of the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts,
with an option to manage and/or market other City cultural facilities, if deemed to be in the city's
best interest.
Issue:
Since the Agreement does not provide for any further renewal options shall the City issue a
Request for Proposals for the Management and Operation of the Miami Beach Convention
Center and the Jackie Gleason Theater of the Performing Arts with an option to manage and/or
market other City cultural facilities?
Item Summary/Recommendation:
I Approve the Resolution.
Advlso Board Recommendation:
Finance and Citywide Projects Committee, on October 25, 2002, recommended the issuance of
RFP.
The Convention Center Advisory Board on August 27, 2002 and November 19, 2002,
recommended the City negotiate a no-bid contract with SMG due to the lack of qualified
com etitive 0 erators worldwide, and SMG's roven track record.
Financial Information:
Source of
Funds:
D
Finance Dept.
islative Trackin
T:\AGENDA\2003\jan0803\regular\CONVENTION CENTER RFP SUMMARY.doc
AGENDA ITEM
DATE
R1E
I-g-o .3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez " _ r~
City Manager U yv- 0
RESOLUTION APPROVING ISSUANCE OF A REQUEST FOR
PROPOSALS FOR THE MANAGEMENT AND OPERATION OF THE MIAMI
BEACH CONVENTION CENTER AND THE JACKIE GLEASON THEATER
OF THE PERFORMING ARTS, WITH AN OPTION TO MANAGE AND/OR
MARKET OTHER CITY CULTURAL FACILITIES, IF DEEMED TO BE IN
THE CITY'S BEST INTEREST.
Date: January 8, 2003
To:
Subject:
ADMINISTRATION RECOMMENDATION:
Approve the resolution.
ANALYSIS
On September 7, 1990 the City of Miami Beach issued a Request for Proposals (RFP) for
the management of the Miami Beach Convention Center (MBCC) and the Jackie Gleason
Theater ofthe Performing Arts (TOPA). The bid was awarded to Spectacor Management
Group (SMG).
On December 19, 1990, the City of Miami Beach entered into a Management Services
Agreement with SMG for the management of the MBCC and the TOPA. The Agreement
was for an initial term of three-years, commencing on January 1, 1990, and ending
December 31, 1993. On June 30, 1993, the City exercised its option to extend the
Agreement for two successive one-year terms covering the period of January 1, 1994,
through December 31, 1995. On April 19, 1995, the City Commission approved the waiver
of formal bidding procedures for the Management Contract, thus extending the
Management Services Agreement with SMG, and approving a new Agreement for the
period of October 1, 1995, through September 30, 1998.
On December 5, 1997, the City of Miami Beach authorized RFP No. 5-97102, seeking
proposals from qualified firms for the management and operation of MBCC and/or TOPA.
On April 1, 1998, the City Commission authorized a Resolution for the Administration to
enter into negotiations for a Management Services Agreement with the recommended firm
of SMG pursuant to the recommendation of the City Manager and the Evaluation
Committee. On July 15, 1998, the Mayor and City Commission adopted Resolution 98-
22850 authorizing execution of an Agreement with SMG for three (3) years with two (2) one
year renewals. On September 5, 2001, the Mayor and City Commission adopted
Resolution No. 2001-24573 approving the two (2) one year extensions which will expire on
September 30, 2003.
January 8, 2003
Commission Memorandum
MBCC and TOPA Management and Operation RFP
Page 2 of 5
Since the Agreement does not provide for any further renewal options, on July 31,2002,
an item was referred to the Finance and Citywide Projects Committee to discuss the future
management of the MBCC and TaPA. On October 25, 2002, the Committee met and
recommended the Administration issue a RFP seeking qualified firms for the management
and operation of the MBCC and TaPA.
On August 27, 2002 and November 19, 2002, the Convention Center Advisory Board
discussed the future management and operation of the MBCC and TaPA and adopted
motions at both meetings recommending the City negotiate a no bid contract to the current
operators due to the lack of qualified competitive operators worldwide and SMG's proven
track record, their professional management and operational expertise.
Attached is the draft RFP with the pertinent sections, excluding boiler plate language. The
relevant sections include the following:
. Overview which includes an introduction and background of the Miami Beach
Convention Center and the Jackie Gleason Theater of the Performing Arts (the
"facilities"), their size and layout and their operating budgets and bookings.
. Scope of Services which describes the proposer's responsibilities as to
management and operation of the facilities, including the goals and objectives of the
City and maintenance and repair requirements.
1. The selected proposer will be responsible for the complete management and
operation of the Miami Beach Convention Center and the Jackie Gleason
Theater of Performing Arts. The selected proposer shall furnish all
management, supervision, labor, and services consistent with generally
accepted operations of a first-class Convention Center and/or Theater, and
shall be responsible for the maintenance of the buildings and equipment and
marketing of the facilities management of various product and service
providers; coordination of facilities utilization and scheduling.
2. The City may also elect to contract with the selected proposer to manage
and/or market other City cultural facilities such as the Byron-Carlyle Theater,
the Acorn Theater, the bandshell and/or the Colony Theater, during the term
of the contract. The City believes that the selected proposer will provide the
added benefit of being financially capable of promoting events, providing
marketing expertise and obtaining operational efficiencies for the other City
venues.
January 8, 2003
Commission Memorandum
MBCC and TOPA Management and Operation RFP
Page 3 0'5
3. The City has established certain goals and objectives to guide the
management and operation of the City facilities (see RFP). In addition, the
City has established specific standards of operation, (Exhibit G), which
constitute a framework for the management of the Facilities by a private
management firm. The Scope of Services includes the following sub-
sections:
. Goals and Objectives
. Management
. Operation
. Facility Manager
. Uniforms and Identification
. Maintenance and Repair
. Proposal Format which lists the Minimum Requirements of the proposal including
the firm's:
. Contact Information
. Organizational Form
. Organization Philosophy and Approach
. Firm/Key Personnel Qualifications
. Marketing Plan
. Experience with Convention & Visitors Bureaus
. Subcontractor Information and Qualifications
. Professional Resumes for Key Personnel
. Staffing and Organization Plan
. Management Firm Financial Stability
. Strategy to address the Scope of Services
. Fee Proposal
. Operating Budget
. Operating Plan
As included in the RFP issued in 1998, this RFP and subsequent contract will include the
following:
1. A term of three (3) years with an option for two (2) additional one (1) year
periods at the City's discretion.
2. A performance bond requirement of $1 ,000,000.
3. A clause for termination of contract for convenience by the City with a 120 day
notification to the awarded management company.
4. A cure period/notice process to the clause on termination of contract for default.
January 8, 2003
Comm~sronMemomndum
MBCC and TaPA Management and Operation RFP
Page 4 of 5
Additionally, the referenced RFP will include new language as follows:
1. Unlike the previous bidding document, the subject RFP is for the management and
operation of the MBCC and the TaPA, and not for either of the facilities.
2. A minimum requirement of five years experience in management and operation of a
convention center facility and a performing arts center of similar sizes by the firm
and/or key personnel of the firm.
3. The RFP will further enable the City, at its sole discretion and option, to elect to
negotiate with the successful operator to manage and/or market other City cultural
facilities such as the Byron-Carlyle Theater, the Acom Theater, the bandshell and/or
the Colony Theater, during the term of their contract.
4. A requirement to abide by the City's Living Wage Ordinance and other lobbying
requirements.
The RFP has set forth the evaluation criteria that the proposals will be evaluated by as
follows:
a) Experience and Qualifications: Experience and qualifications of the firm and
professional experience in managing similar facilities. (20 points)
b) Quality of the Management Team. Experience, performance and national stature
of the firm and its higher level management and the resumes outlining the
experience, education, and performance record of individuals who would be
instrumental in the management and operation of the Convention Center and the
Jackie Gleason Theater of Performing Arts, and upper-level regional or national
management personnel who will have supervisory responsibility overthe Facilities.
Include references. (20 points)
c) Approach and methodology. Plan for the management, operation, and
maintenance of the facilities, including a financial plan/budget for each of the
facilities. (15 points)
d) Marketing plan. Demonstrated record and evidence of in-house booking,
promotion and/or co-promotion capabilities and marketing, both national and local,
to expand the use of the Convention Center & the Jackie Gleason Theater of
Performing Arts. (15 points)
e) Fee Proposal: The management and incentive fee proposal for the management
and operation of the facilities. (20 points)
f) Financial Stability: Demonstrated financial stability of the firm. (10 points)
January 8, 2003
Commission Memorandum
MBCC and TOPA Management and Operation RFP
Page 5 of 5
As stated earlier, SMG's current contract expires on September 30, 2003. If direction is
given to proceed with the RFP, the following timetable is anticipated:
. Issuance of RFP
. Pre-Proposal Conference and walk-thru
. Deadline for receipt of questions
. Deadline for receipt of proposals
. Evaluation/selection process
. Projected award date
. Projected contract award date
. Projected contract start date
CONCLUSION:
January 2003
February 2003
March 2003
April 2003
May 2003
June 2003
July 2003
October 1, 2003
The City Commission should approve the resolution authorizing the issuance of the RFP
for the management of the Miami Beach Convention Center and the Jackie Gleason
Theater of the Performing Arts with an option to manage and/or market other City Cultural
Facilities, if deemed to be in the City's best interest.
JMG/CMC/rar
T:\AGENDA\2003'jan0803IregularlConvClr-Gleason RFP.doc
CITY OF MIAMI BEACH
RFP NO.
REQUEST FOR PROPOSALS FOR
MANAGEMENT AND OPERATION OF THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER
OF PERFORMING ARTS FOR A THREE-YEAR PERIOD WITH OPTION FOR
TWO ADDITIONAL ONE-YEAR PERIODS AT THE CITY'S DISCRETION
PROPOSALS WILL BE ACCEPTED FOR THE MANAGEMENT AND
OPERATION OF THE MIAMI BEACH CONVENTION CENTER AND JACKIE
GLEASON THEATER OF PERFORMING ARTS; WITH AN OPTION TO MANAGE
AND/OR MARKET OTHER CITY CULTURAL FACILITIES.
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR AM.
ON , IN THE
, MIAMI BEACH, FLORIDA
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN AT 3:00 P. M.
All proposals must be accompanied by a proposal guaranty, payable to the City of
Miami Beach, in the form of a certified check, cashier's check, or proposal bond in the
amount of $15,000.
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
1
TABLE OF CONTENTS
Paae
I. OVERVIEW AND PROPOSAL PROCEDURES 3
II. SCOPE OF SERVICES 4
III. PROPOSAL FORMAT 11
IV. EV ALUATION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION 15
V. GENERAL PROVISIONS 17
VI. SPECIAL TERMS AND CONDITIONS
VII. ATTACHMENTS
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
2
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach is seeking proposals for the operation of the Miami
Beach Convention Center and the Jackie Gleason Theater of the Performing Arts
(the "City facilities"). Proposals shall be made to operate both facilities. Any
references herein to the words "facility", "facilities", or to the similar terms shall be
deemed to refer to one facility, to the other, or to both, depending on the facility
or facilities to which the response to the request for proposals may refer.
The City of Miami Beach has operated a Convention Center since 1958. This
Center was expanded in 1968, 1974, and was again expanded and totally
renovated in 1987. Over the past five (5) year period, the City has invested an
additional $35 million in capital improvements to the facilities. The Convention
Center is approximately 1.1 million gross square feet with approximately 502,000
square feet of exhibition space. (Exhibit A)
The Miami Beach Convention Center has seventy-four (74) full-time and two (2)
part-time budgeted employee positions and the Jackie Gleason Theater of
Performing Arts currently has seven (7) full-time and three (3) part-time budgeted
employee positions. (Exhibit B)
The 2002/03 budget for the Miami Beach Convention Center is $7,738,3041and
the Jackie Gleason Theater of the Performing Arts is $1,168,108, as detailed in
Exhibit C.
The City of Miami Beach has entered into an Interlocal Agreement with the
Greater Miami Convention and Visitors Bureau (Bureau), for the joint promotion
and booking of the Miami Beach Convention Center to the convention,
conference, and meeting market. All convention bookings are as a direct result of
the Bureau and Convention Center Management. The City of Miami Beach has
adopted a booking policy for the Miami Beach Convention Center (Exhibit D) that
states that reservations more than twenty-four (24) months are normally handled
through the Bureau. Current bookings for the Convention Center are illustrated
in Exhibit E.
The booking policy for the Jackie Gleason Theater of Performing Arts is shown in
Exhibit F.
1Does not include depreciation, management service fee, or debt service.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
3
SECTION" - SCOPE OF SERVICES
The selected proposer will be responsible for the complete management and operation
of the Miami Beach Convention Center and the Jackie Gleason Theater of Performing
Arts. The selected proposer shall furnish all management, supervision, labor, and
services consistent with generally accepted operations of a first-class Convention
Center and/or Theater, and shall be responsible for the maintenance of the buildings
and equipment and marketing of the facilities management of various product and
service providers; coordination of facilities utilization and scheduling.
The City may also elect to contract with the selected proposer to manage and/or market
other City cultural facilities such as the Byron-Carlyle Theater, the Acorn Theater, the
bandshell and/or the Colony Theater, during the term of the contract. The City believes
that the selected proposer will provide the added benefit of being financially capable of
promoting events, providing marketing expertise and obtaining operational efficiencies
for the other City venues.
The City has established certain goals and objectives to guide the management and
operation of the City facilities which are listed below. In addition, the City has
established specific standards of operation, also described below, which constitute a
framework for the management of the Facilities by a private management firm. The
Scope of Services includes the following sub-sections:
. Goals and Objectives
. Management
. Operation
o Facility Manager
o Uniforms and Identification
. Maintenance and Repair
The selected proposer shall negotiate with the City of Miami Beach for a contract for a
period of three (3) years with an option for two (2) additional one-year periods, at the
City's discretion.
The selected proposer would coordinate its management and operation under the
direction of the City Manager of the City of Miami Beach, or his designee, and would
work closely with the following:
1. The City of Miami Beach Commission.
2. The Greater Miami Convention & Visitors Bureau.
3. The Miami Beach Convention Center Advisory Board. This Board acts in an
advisory capacity to the City Commission on matters regarding operations of the
Convention Center and/or the Jackie Gleason Theater of the Performing Arts.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
4
4. The Miami Beach Convention Center Capital Projects Oversight Committee
regarding capital projects within the Convention Center and/or the Jackie
Gleason Theater of the Performing Arts.
5. City of Miami Beach Concession Contractors:
a. Food and Beverage - Volume Services America Corporation is the
exclusive on-site contractor for all catering and concession services.
6. Maintenance Contracts for equipment currently in place at the Center and the
Theater include:
a. Window Cleaning - McCloskey Window Cleaning Service
b. Elevator and Escalator - Atlantic Elevator Sales and Service, Inc.
c. Air Conditioning - Thermal Concepts
d. Building Automation and Environmental Controls - Siemens
e. Chemical Water Treatment - Chemtreat, Inc.
f. Plant Maintenance - Superior Landscaping
g. Fire Alarm Computer - Honeywell Building Systems
GOALS and OBJECTIVES:
It is the goal of the City to develop and operate a high quality state-of-the-art convention
center to meet the needs of conventions, trade shows, consumer shows, meetings and
community events. The City has multiple objectives for the operations manager for
which submitted proposals must successfully address:
. To operate efficiently the Convention Center and the Theater, while minimizing
the net cost to the City;
. to properly maintain and safeguard the City's capital investment in the facilities
through the exercise of the highest standards of maintenance and preservation,
and, as the need arises, make or recommend capital improvements;
. to control and minimize the amount of funding from the public sector through a
strong financial management system that controls spending and increases
revenue;
. manage day-to-day operations of the Convention Center in a cost efficient, high
quality and effective manner:
RFP NO.:
DATE: If 03
CITY OF MIAMI BEACH
5
. to provide superior services to users of the Facilities and patrons and visitors
attending events at the facilities, thereby maximizing customer satisfaction as
exhibited by an industry-wide positive image of the Facilities and rebookings;
. achieve the greatest possible profit, consistent with other City objectives
including the primary business goal of the facility which is to generate
incremental room nights; and
. actively solicit, promote, or co-promote exhibits and trade shows for bookings in
the Center during the 24-month booking window, thereby maximizing the
revenues of the City;
. actively to solicit, promote, or co-promote bookings in the Theater;
. to consider and implement innovative ways to generate revenue and penetrate
new markets, attract new events and promote the Convention Center and the
Theater of the Performing Arts to maximize usage and financial returns;
. create a comprehensive strategic plan for the future of the Convention Center
with a special emphasis on marketing of the facilities
. assist the City in the negotiation of various contracts and agreements involving
facilities, products and services related to the proposed Convention Center;
. achieve all objectives with the least possible disruption to the City and its
citizens;
. achieve all objectives in a professional manner, consistent with best industry
practices and all applicable laws and ordinances;
. Work cooperatively with the Greater Miami Convention & Visitors Bureau
(Bureau) in attracting conventions, tradeshows and meetings to the Convention
Center and Miami Beach hotels and to better compete in the domestic and
international marketplace.
. provide input to the City and its consultants regarding the design of a high
quality, state-of-the-art multipurpose general assembly banquet hall and parking
facility at an appropriate cost to the City;
. to respond to the ever-changing needs of the community and users of the facility
with recommendations for expansions, renovations and upgrades of services;
. to provide additional management and marketing expertise, if the City elects, for
other City owned cultural facilities and attain operational efficiencies.
TO BE PROVIDED BY THE CITY OF MIAMI BEACH
. To work in mutual accord with the MBCC and TOPA manager to ensure the
highest quality of services and thereby enhance the use thereof.
. To provide operating funds based on a budget created by the successful
proposer and approved by the City Commission.
. To provide and obtain authorization for expenditures for capital equipment and
repairs.
. To provide, through the Bureau or selected marketing arm, an effective
marketing program for events outside of the 24 month current time frame.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
6
.
To provide Capital funding for renewal and replacement items for the existing
Facilities, which include the Miami Beach Convention Center and the Jackie
Gleason Theater of Performing Arts.
To provide all initial facilities in good working order and existing equipment (to be
inventoried at time of management agreement).
To provide capital funding for a new state-of-the-art multipurpose general
assembly banquet hall and parking facility, if the City chooses to proceed with
project.
To procure all necessary on-site equipment and replacement items of major
capital equipment.
To make periodic inspections of the facilities and equipment to determine that
they are being maintained in a neat and orderly condition.
.
.
.
.
MANAGEMENT
The selected proposer shall manage and operate the City facilities in accordance with
policies approved by the City Manager or designee. The manager shall be responsible
for all day-to-day functions and operations of the City facilities. The manager shall
operate the facilities at all times in the public interest and in accordance with the highest
professional and ethical standards.
The manager is responsible for recommending to the City all rates fees and charges for
services provided throughout the Facilities. The manager shall establish an effective
system of communication that encourages linkages and collaborative efforts between
the Convention Center and other segments of the hospitality industry, particularly Miami
Beach hotels.
The manager shall establish positive relationships and work together with the Bureau,
area associations, hotels and other appropriate agencies to develop and engage in
advertising, solicitation and promotional activities as required to develop the full
potential of the facilities. These marketing activities must take into account the needs of
the community. The manager's marketing responsibilities shall consist primarily of
those activities performed to attract events within a current 24 month time frame. The
manager shall be responsible for performing public relations functions concerning the
Facilities and when appropriate, the manager shall seek guidance and or approval by
the City prior to releasing information or responding to inquiries.
The manager shall establish proper operating and financial systems of controls for the
facilities. The manager shall prepare and submit annual budgets for the Facilities'
operation. The manager shall also establish a system of internal controls to provide
reasonable assurance that the Facilities' resources are used in an effective and efficient
manner. The manager shall keep full and accurate accounting records relating to its
activities at the facilities in accordance with generally accepted accounting principles.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
7
The manager's responsibility also encompasses preventive and remedial maintenance,
to include minor and emergency repairs. The manager is further responsible for taking
all actions necessary to maintain the validity of all warranties and for ensuring that
repairs to any part of the facility, its equipment, or FF&E which is under warranty is
accomplished under the warranty.
At the conclusion of the term of the negotiated agreement, the manager is responsible
for returning the facilities and FF&E to the City in the same condition in which they were
provided, except for normal wear and tear and depreciation.
The Facility Manager, provided under the resulting Agreement, shall report and provide
regular reports to the City Manager or designee. The City shall make periodic
inspections of the facilities and equipment to determine that they are being maintained
in a neat and orderly condition and meet the minimum standards set forth in Exhibit G.
Proposer will be required to make any improvements in cleaning or maintenance
methods as required by the City.
Any expenditure for capital improvements made by the selected proposer in any of the
facilities must have prior written approval by the City Manager, and Mayor and City
Commission.
The selected proposer shall abide by all ordinances and laws pertaining to its operation
and shall secure, at its expense, all licenses and permits necessary for the operation of
the facilities, with the exception that the City of Miami Beach licenses will be issued
without charge.
The selected proposer shall be responsible for, and pay all Federal, County, and State
taxes arising as a result of the resultant agreement, including those levied against the
City.
OPERATION
Responsibilities of the facility manager include such services as are needed to operate,
manage, maintain and promote the MBCC and TOPA. The selected proposer shall
operate the facilities and provide all services that are required under Lease Contracts
between the City of Miami Beach and the event Lessees.
It is the intention of the City that service is of the highest quality attainable. The
operator will maintain the standard of operations, quality of service, maintenance and
physical appearance of the Facilities as a first-class intemational convention and
exhibition center and theater of the performing arts. All areas are to be kept clean,
orderly, attractive, and sanitary at all times and in strict accordance with the applicable
laws, ordinances, rules, and regulations and the minimum standards set forth in Exhibit
G.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
8
The City shall have the right to reject the character of services and require that
undesirable practices be discontinued or remedied. Failure of the selected proposer to
take appropriate action after notification from the City will result in the cancellation of the
contract upon approval of the City of Miami Beach Commission.
The selected proposer shall constantly endeavor to improve the operation of the
facilities with a view toward developing the most efficient and highest quality of service
to the lessees. minimizing the cost to the City, increasing the quality of maintenance
and security, and maximizing gross receipts.
The selected proposer's employees shall, at all times, observe personal cleanliness.
Unshaven, unkempt, or unclean employees shall not be tolerated.
The selected proposer shall not employ any person or persons in or about the buildings
or stands who uses improper language or acts in a loud or boisterous manner, and
shall, upon request from the City Manager, immediately suspend or terminate any
employee deemed unsuitable. Any employee so suspended or terminated shall not be
re-employed at the City facility without the written consent of the City Manager or his
authorized representative.
The selected proposer shall thoroughly train and closely supervise all employees so that
they are aware of and habitually practice high standards of cleanliness, courtesy, and
service.
Facility Manaaer:
The facility shall be operated by the selected proposer personally or by a competent
manager capable of and empowered to conduct all normal day-to-day operations of the
facilities and be responsive to the desires and directives of the City in the areas of
contract enforcement, scheduling, personnel relations, and other matters pertinent to
the operation of the facilities. It is expressly understood that the manager of the facility
will be located on site.
The manager of the facilities, or an approved representative, shall accept the decisions
of the City representative as binding in matters of contract interpretation, providing that
written appeals may be made in writing to the City Commission within thirty (30) days of
such decision.
Discussion of any contractual disagreements shall only be between a principal of the
firm, or a designated representative. and the City.
The selected proposer and any persons employed by it shall have never been convicted
of any offense involving moral turpitude or a felony. A list of employees with their Social
Security numbers is to be submitted to the City Manager after award of the Agreement.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
9
Uniforms and Identification:
Selected proposer's employees shall at all times be neatly and cleanly uniformed.
Uniforms for employees shall be of a standard style and meet standards prescribed by
the City. All employees must wear uniforms devoid of advertising (unless said
advertising be approved, in writing, by the City Manager) and with numbered badges
worn on the breast pocket at all times. Accurate records must be kept of the names and
addresses of those to whom such badges are issued, to assure proper identification of
employees at any time, as required by the City or any other agency.
MAINTENANCE AND REPAIR
The selected proposer shall be responsible for preventative maintenance and
maintenance and repair of all facilities under the management and operation
agreement. The physical facilities provided to the selected proposer for the term of this
agreement will become the responsibility of the selected proposer and will be returned
to the City upon completion of the contract agreement in the same condition in which
they were provided, except for normal wear and tear and depreciation.
The interior, exterior, and infrastructure of the physical facilities will be maintained by
the selected proposer. This includes repairs, maintenance, and/or renovations with the
selected proposer being responsible for informing the City of degraded conditions and
assisting the City with minor and emergency repairs.
The selected proposer shall have a neat and orderly operation at all times, and shall be
solely responsible for the necessary housekeeping services to properly maintain the
premises. No signs or advertising shall be placed on the premises unless first
approved, in writing, by the City Manager or an authorized representative. The selected
proposer shall make available all areas of the premises under its control for examination
at any time by the City Manager or an authorized representative.
No alterations or additions shall be made to the premises, or any part thereof, without
first having obtained the written consent of the City Manager or an authorized
representative. Authorized alterations or additions shall be made at the selected
proposer's expense and shall become the property of the City of Miami Beach at the
termination of the contract agreement.
The selected proposer shall not remove any article, piece of equipment or other
property furnished to the Center without the express written permission of the City
Manager.
The selected proposer shall replace, at its own expense, any equipment provided under
the original agreement which has been destroyed or damaged with like equipment.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
10
SECTION III - PROPOSAL FORMAT
Proposals must contain the following documents; each fully completed and signed as
required. Proposals which do not include all required documentation or are not
submitted in the required format, or which do not have the appropriate signatures on
each document, may be deemed to be non-responsive. Non-responsive proposals will
receive no further consideration.
A. CONTENTS OF PROPOSAL
1. Table of Contents
Outline in sequential order the major areas of the proposal, including
enclosures. All pages must be consecutively numbered and correspond
to the table of contents.
2. Proposal Points to Address:
Proposer must supply an Organizational Chart, a resume for all key
personnel, a summary of past experience of proposer which includes
management of facilities of similar size, an Operational Plan, and audited
Financial Statements for the past three years. Proposer must respond to
all minimum requirements listed below, and provide documentation which
demonstrates ability to satisfy all of the minimum qualification
requirements. Proposals which do not contain such documentation may
be deemed non-responsive. The proposal shall include a plan for
budgeting and for funding the operation and structuring the management
fee so as to pursue the overall goals and objectives of the City.
3. Compensation Proposal
Each submittal must include, in a separate sealed envelope plainly
marked "COMPENSATION PROPOSAL", a specific proposal for the
proposed management and incentive fee to be paid for the services which
are to be rendered by the firm for the management and operation of the
Miami Beach Convention Center and the Jackie Gleason Theater of
Performing Arts.
4. Acknowledgment of Addenda and Proposer Information forms (Section
VIII)
5. Any other document required by this RFP, such as a Questionnaire,
Proposal Guaranty ($15,000), and Exhibit H (Form PUR 7068).
RFP NO.: CITY OF MIAMI BEACH
DATE: 1/03 11
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
Proposers must provide the following information:
1) Contact Information: Present the proposer's current name, former names (if
applicable), business address, telephone number, and primary contact, including the
business resumes of all senior officers and partners.
2) Organizational Form: Provide information concerning the form of the proposer's
organization (e.g. corporation, partnership, sole proprieties, or joint venture). If a
joint venture, a copy of the joint venture agreement and any other document
necessary to its establishment must be submitted.
3) Organization Philosophy and Approach: Provide a description of the proposer's
overall philosophy and approach to facility management. Describe any proposed
initiatives specific to a proposed management approach for the Facilities, focusing
especially on how the proposer plans to accomplish the City's goals and objectives.
Address any plans to provide home office and corporate regional support to the
resident general manager for facility events with unusual requirements as well as
any type of recurring support which the proposer will provide to the general
manager.
4) Firm/Key Personnel Qualifications. Summarize the proposer's experience and
number of years in managing public assembly facilities such as convention centers,
performing arts complexes, and other entertainment venues, including a list of
current and former clients. Include references for selected facilities managed by the
proposer, including name, address and telephone numbers of key individuals who
may be contacted. Also include the listing and size of other Convention Centers and
Performing Arts Centers the firm has managed, including the number of seats in
each facility. A minimum of 5 years management experience of similar facilities
is required. A firm that has not been in operation for the minimum of five (5)
years may submit proposals so long as the key personnel can demonstrate
the minimum of five (5) years of upper-level and/or management experience as
a general manager of similar facilities.
5) Marketing Plan: Provide a marketing plan for the Miami Beach Convention Center
and the Jackie Gleason Theater of Performing Arts. The proposer must submit
information which describes its approach to accomplishing its marketing
responsibilities. The proposer should describe its marketing and promotional
concepts to attract events that will take advantage of Miami Beach's unique position.
The proposer should also provide a plan for booking of the Convention Center within
the 24-month period which will maximize revenue to the City and how it intends to
generate new local business.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
12
6) Experience with Convention & Visitors Bureaus: Provide a brief description of
the firm's experience in working with Convention & Visitors Bureaus, including
specifics about programs, goals and results for selected project which distinguish the
proposer's ability to work in conjunction with these organizations.
7) Subcontractor Information and Qualifications: The selected proposer may elect
to subcontract some portions of the services to be performed. While certain of these
subcontractors may not be identified until after award of the management
agreement, wherever the proposer intends to subcontract services, the specific
services must be identified in this section of the proposal.
8) Professional Resumes for Key Personnel: The proposer must submit
professional resumes for its key personnel proposed to be assigned to the Facilities
operations, marketing and financial areas, to include at a minimum the general
manager, the director of operations, the director of marketing, director of sales and
the director of finance. (The position titles used herein are for example only and are
not intended to define or describe an organizational structure.) The proposal must
adequately describe each proposed professional's qualifications and experience.
9) Staffing and Organization Plan: The proposer must submit an organization chart
that outlines the proposed staffing plan for the Facilities.
10) Management Firm Financial Stability: The following financial documents must
be included in each proposal. Items a. through e. below must be audited financial
statements.
a) Balance Sheets for prior three years.
b) Income Statements for the prior three years.
c) Statements of Cash Flows for the prior three years.
d) Statement of changes in Stockholder's equity for the prior three years.
e) Notes to Financial Statements.
f) Corporate/partnership federal income tax return for the last completed fiscal year.
g) Credit report (Le. Dun & Bradstreet report).
h) Credit history letter(s) from financial institution(s).
i) Quarterly financial statement, most recent
j) List of any significant litigation in the last five years in which the proposer was a
defendant. Include a statement about the nature of each lawsuit and its
outcome.
k) List of any contracts for the proposer's management of a facility which were
terminated or not renewed within the past five years, including in each the
reasons for termination or non-renewal and whether the termination or non-
renewal was initiated by the proposer of the facility.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
13
11) Scope of Services: Proposers must provide information describing the proposed
strategies, policies and procedures to be employed in managing the facilities which,
at a minimum, clearly addresses the scope of services presented in this RFP.
12) Fee Proposal: The proposer must state the annual fixed management fee required
to operate the facilities, along with a proposed incentive fee. Together, these two
fees shall constitute all compensation for performance under the contract. As
discussed below, the incentive fee is designed to reward superior performance in the
areas of customer satisfaction, innovative and successful marketing, revenue
enhancement, cost containment, and facility maintenance.
The Facilities are financed with tax exempt bonds. Consequently, the compensation
arrangements and terms that the City may agree upon with the proposer in the
management agreement are governed by federal tax laws that restrict the private
business use of facilities financed with tax-exempt bonds. These provide generally
that (i) compensation may be fixed or partly fixed and partly incentive based, (ii)
incentive compensation cannot be based on net profits, and (iii) incentive based
compensation cannot exceed fifty (50%) of total compensation. Proposers shall
ensure that their proposals are in full compliance with IRS procedures and
guidelines and federal tax laws governing private business use of facilities financed
with tax exempt bonds.
a) Fixed Fee. Proposers should propose a compensation arrangement which
includes an annual fixed management fee. Proposers must indicate whether or
not all or any part of the general manager's salary is to be derived from the
management or incentive fees. Any portion of the general manager's salary
which is not derived from the management or incentive fee must be included in
the staffing plan and proposed operating budgets for the facilities.
b) Incentive Fee: Proposers must also propose an incentive fee which shall be
applicable during the operating period of the agreement.
13)Operating Budget: Proposers should include in their proposals an estimated
budget for the facilities' operations. The budgets should contain estimates of
revenues and expenses expected to be received or incurred in the operation of the
Miami Beach Convention Center and the Jackie Gleason Theater of the Performing
Arts.
14)Operating Plan: Proposer shall describe the operating policies and procedures to
be employed by the operator to manage and operate the facilities. Describe any
proposed initiatives which would improve the management and/or reduce the
operational cost of the facilities. The proposer should also describe their approach
to financial management systems, employee management and administrative
policies and procedures.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
14
SECTION IV - EVALUATION/SELECTION PROCESS; CRITERIA FOR
EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each proposal in accordance with the requirements of this RFP.
If further information is desired, proposers may be requested to make
additional written submissions or oral presentations before the Evaluation
Committee makes its recommendation.
5. The Evaluation Committee shall recommend to the City Manager the
proposal or proposals acceptance of which the Evaluation Committee
believes to be in the best interest of the City.
6.
The Evaluation Committee shall base its recommendations on the
following factors:
a) Experience and Qualifications: Experience and qualifications of
the firm and professional experience in managing similar facilities.
(20 points)
b) Quality of the Management Team. Experience, performance and
national stature of the firm and its higher level management and the
resumes outlining the experience, education, and performance
record of individuals who would be instrumental in the management
and operation of the Convention Center and the Jackie Gleason
Theater of Performing Arts, and upper-level regional or national
management personnel who will have supervisory responsibility
over the Facilities. Include references. (20 points)
c) Approach and methodology. Plan for the management,
operation, and maintenance of the facilities, including a financial
plan/budget for each of the facilities. (15 points)
d) Marketing plan. Demonstrated record and evidence of in-house
booking, promotion and/or co-promotion capabilities and marketing,
both national and local, to expand the use of the Convention Center
& the Jackie Gleason Theater of Performing Arts. (15 points)
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
15
e) Fee Proposal: The management and incentive fee proposal for
the management and operation of the facilities. (20 points)
f) Financial Stability: Demonstrated financial stability of the firm.
(10 points)
6. After considering the recommendation(s) of the Evaluation Committee, the
City Manager shall recommend to the City Commission the proposal or
proposals acceptance of which the City Manager deems to be in the best
interest of the City.
7. The City Commission shall consider the City Manager's
recommendation(s) in light of the recommendation(s) and evaluation of
the Evaluation Committee and, if appropriate, approve the City Manager's
recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal. In any case, City
Commission shall select the proposal, acceptance of which the City
Commission deems to be in the best interest of the City. The City
Commission may also reject all proposals.
8. Negotiations between the selected proposer and the City Manager take
place to arrive at a contract. If the City Commission has so directed, the
City Manager may proceed to negotiate a contract with a proposer other
than the top-ranked proposer if the negotiations with the top-ranked
proposer fail to produce a mutually acceptable contract within a
reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for
approval, modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is
approved by the City Commission, the Mayor and City Clerk sign the
contract(s) after the selected proposer(s) has or have done so.
Imoortant Note:
By submitting a proposal, all proposers shall be deemed to understand and
agree that no property interest or legal right of any kind shall be created at
any point during the aforesaid evaluation/selection process until and
unless a contract has been agreed to and signed by both parties.
RFP NO.:
DATE: 1/03
CITY OF MIAMI BEACH
16
EXHIBIT
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EXHIBIT
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CITY OF MIAMI BEACH
PROPOSED STAFFING LEVELS
FISCAL YEAR 200212003
DIFFERENCE
BUDGET CURRENT PROPOSED PROPOSED VS
MIAMI BEACH CONVENTION CENTER FY 01/02 FY 01/02 FY 02/03 CURRENT
GENERAL MANAGER 1 1 1 0
DIRECTOR OF FINANCE 1 1 1 0
DIRECTOR OF EVENT SERVICES 1 1 1 0
DIRECTOR OF MARKETING 1 1 1 0
DIRECTOR OF SALES 1 1 0 -1
DIRECTOR OF OPERATIONS 1 1 1 0
ACCOUNTING MANAGER 1 1 1 0
HUMAN RESOURCES MANAGER 1 1 1 0
OFFICE MANAGER (PayrolVAccls Payable) 1 1 1 0
MARKETING MANAGER 1 1 1 0
TELECOMMUNICATIONS MANAGER 1 1 1 0
TELECOMMUNICATIONS TECHNICIAN 2 2 2 0
TELECOMM. SERVICE MANAGER 1 1 1 0
TELECOMM. CUST. SERVo REP. - PT 1 0 0 0
EVENT COORDINATOR 1 0 0 0
SALES MANAGER 1 1 1 0
STAFF ACCOUNTANT 1 1 1 0
BOOKKEEPER 1 1 1 0
PURCHASING AGENT 1 1 1 0
BOOKING COORDINATOR 1 1 1 0
ADMINISTRATIVE ASSISTANT 2 2 2 0
FACILITY COORDINATOR 1 1 1 0
EXECUTIVE ASSISTANT 1 1 1 0
RECEPTIONIST 1 1 1 0
AlC MECHANIC 2 2 2 0
AlC SUPERVISOR 1 1 1 0
FACILITY MANAGER 1 1 1 0
TECHNICAL ADVISOR 1 1 1 0
SECURITY MANAGER 1 1 1 0
ELECTRICIAN 1 1 1 0
ELECTRICIAN SUPERVISOR 1 1 1 0
EVENT SERVICES MANAGER 3 4 4 0
SECURITY GUARD a a' a 0
SECURITY GUARD - PART TIME 1 1 1 0
SECURITY GUARD SUPERVISOR 3 3 3 0
FACILITY TECH HELPERS 5 5 5 0
MAINTENANCE MECHANIC 1 1 1 0
CHIEF ENGINEER 1 1 1 0
PAINTER SUPERVISOR 1 1 1 0
PAINTER 1 1 1 0
PLUMBER 1 1 1 0
FLOOR SUPERVISOR 4 4 4 0
UTILITY WORKER 14 12 12 0
UTILITY WORKER - PART TIME 1 1 1 0
LOCKSMITH 0 1 1 0
INVENTORY MANAGER 1 1 1 0
TOTAL 79 77 76 -1
PART TIME 3 2 2 0
TOTAL FULL TIME 76 75 74 -1
OMB FORM 1.3 TABLE OF ORGANIZATION
Page 3 at 47
CITY OF MIAMI BEACH
PROPOSED STAFFING LEVELS
FISCAL YEAR 200212003
DIFFERENCE
BUDGET CURRENT PROPOSED PROPOSED VS
JACKIE GLEASON THEATER FY 01/02 FY 01/02 FY 02/03 CURRENT
THEATER DIRECTOR 1 1 1 0
BOX OFFICE MANAGER 1 1 1 0
ASST. BOX OFFICE MANAGER 1 1 1 0
TICKET SELLER - FULL TIME 2 2 1 -1
STAGE MANAGER. PART TIME 1 1 1 0
FACILITY TECHNICIAN 2 1 1 0
UTILITY WORKER 2 2 2 0
UTILITY WORKER - PART TIME 2 2 2 0
TOTAL 12 11 10 -1
PART TIME 3 3 3 0
TOTAL FULL TIME 9 6 7 -1
OMB FORM 1.3 TABLE OF ORGANIZATION
Page 29 of 47
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CITY OF MIAMI BEACH
MIAMI BEACH CONVENTION CENTER
SUMMARY OF REVENUES & EXPENSES
REVENUES
CURRENT YR. BUDGET
PROJECTION REQUEST
FY 01/02 FY 02 / 03 VARIANCE
$3,654,359 $3,599,793 ($54,566)
415,416 380,111 (35,305)
360,611 315,867 (44,744)
89,924 81,392 (8,532)
857,224 801,000 (56,224)
987,757 946,891 (40,866)
606,825 539,535 (67,290)
$6,972,116 $6.664,589 ($307,527)
RENTAL INCOME
SERVICE INCOME
MISCELLANEOUS INCOME
INTEREST INCOME
CONCESSION COMMISSION
ELECTRICAL INCOME
TELEPHONE COMMISSION
TOTAL REVENUE
EXPENSES
PAYROLL & BENEFITS
OPERATING EXPENSES
$3,324,251
3,868,591
$3,568,301
4,170,003
($244,050)
(301,412)
TOTAL EXPENSES
NET OPERATING INCOME ( LOSS)
Page 6 of 47
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CITY OF MIAMI BEACH
JACKIE GLEASON THEATER
SUMMARY OF REVENUES & EXPENSES
REVENUES
CURRENT YR.
PROJECTION
FY 011 02
RENTAL INCOME
SERVICE INCOME (EXPENSE)
CONCESSION COMMISSION
NOVELTY COMMISSION
TICKET INCENTIVES
BOX OFFICE INCOME
ADVERTISING
INTEREST INCOME
$602,903
75,390
85,227
23,499
48,312
79,472
16,000
35,558
TOTAL REVENUE
$966,361
EXPENSES
PAYROLL & BENEFITS
OPERATING EXPENSES
$406,306
631,970
TOTAL EXPENSES
NET OPERATING INCOME (LOSS)
BUDGET
REQUEST
FY 02 I 03
$560,219
67,777
72,646
28,708
52,000
75,088
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$891,988
$439,030
729,078
$1,168,108
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(12,581)
5,209
3,688
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(16,000)
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($74,373)
($32,724)
(97,108)
Page 28 of 47
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D
MIAMI BEACH CONVENTION CENTER
MIAMI BEACH, FLORIDA
BOOKING POLIOES
I. STATEMENT OF PURPOSE:
The Miami Beach Convention Center (the "MBCC" or the "Center'') is a national and international
convention, tradeshow, and multi-purpose facility owned by the City of Miami Bead" and operated by
SMG. The MBCC was enlarged and remodeled in part with Convention Development Tax proceeds
with the primary objective of promoting and facilitating events and activities which have a significant
impact in terms of Convention Development Tax generated. '
In addition, the MBCC was developed with a secondary objective of providing services and facilities to
respond to the needs of County and local activities which promote business and generally enhance the
quality of life for the community the MBCC serves,
When booking the MBCC, consideration shall be given by both the Bureau and the Convention Center
management to the following factors:'
a) Significant impact in terms of Convention Development Tax generated;
b ) Total number of hotel rooms required;
c) Projected revenue to the MBCC both in teons of direct space rental revenue, as well as
projected revenue from concessions and other building services;
d) Time of year;
e) Potential for repeat booking; and
f) Previous history and experience of the potential user with respect to use of similar
facilities.
II. SCHEDULING PRIORITIES:
A. First Priority Events: Generally speaking, first priority for scheduling facilities and dates in
the MBCC is available to regional, national and international conventions, trade shows, cultural shows,
corporate meetings and similar activities which are not open only to the general public, and have a
significant impact in terms of Convention Development Tax generated, In order to be considered for a
First Priority designation, an event shall:
~ require in excess of 115,000 gross square feet of exhibit space contracted in the MBCC;
AND EITHER
~ require a minimum of three nights with 1500 hotel rooms occupied on the peak night in Miami.
Dade County
OR
be a long standing show, defined as one which has a minimum of20 consecutive years usage in MBCC
under the same ownership, is in good standing, which includes being current on all prior debts, and has
paid all contractual obligations in a timely fashion to the facility. If the show has multiple events in
MBCC in a calendar year, the first priority designation applies to only one of the show events in the
1
calendar year.
Convention Development Tax impact and hotel room counts are based on prior history of the event and
are subject to verification by (1) the Bureau; or (2) at user's expense, a qualified independent surveyor
pre-approved by the Convention Center Advisory Board, provided that such surveyor's results shall be
subject to review and approval by the Convention Center Advisory Board. In order to be considered for
First Priority designation, an event shall have demonstrated the hotel room count history during
presentation of the identical event either in Miami-Dade County or, in the case of events which move
from city to city on a rotational basis or are relocating from another location, the hotel room count history
of the identical event shall be verified by the Bureau using generally accepted industry standards, ( i,e"
lACVB Cinet system or other) for such history verification.
Within the First Priority category, the Bureau will give preference to the event with the most significant
impact in terms of Convention Development Tax generated. For purposes of conflict resolution, events
having attained First Priority designation through the hotel peak room night verification process shall
have precedence over those events having attained First Priority designation through the 20 year process.
In the event that First Priority Event status is granted, based in part upon t~e hotel room on peak night
requirement as set forth above, the Convention Center Advisory Board shall require recertification of
said hotel room requirement from First Priority Events every five (5) years from the most recent date of
certification. In the instance that an event interrupts its regular scheduling, defined as failing to take
place within six (6) months of its next anticipated presentation, First Priority status may be revoked,
B. Second Priority Events: Second priority for scheduling facilities and dates in the MBCC is
available to consumer or public exhibitions, tradeshows (open to the trade only), local corporate
meetings, special events, entertainment events, business meetings, and other activities which essentially
draw from or appeal to the general public and/or local regional attendees and participants.
Within the Second Priority category, the MBCC will give preference to recurring public shows and
tradeshows held on an annual basis with a proven record of success at the MBCC, which have produced
significant revenue to the MBCC, and have a significant impact in terms of Convention Development
Tax generated (Convention Development Tax impact data shall be provided by the user). The MBCC
may offer alternate dates in a given year which may result in tennination of other Second Priority
scheduling reservations, The foregoing criteria may also be used by the MBCC to reschedule or select
between Second Priority Events in the case where a scheduling reservation for a First Priority Event
impacts tentative scheduling reservations for two or more Second Priority Events,
C. Discretion: Subject to the priorities set forth above, the General Manager may exercise his
discretion as to the issuance, modification, or termination of scheduling reservations,
2
III. BOOKING PROCEDURES
Reservations more than twenty-foW' (24) months before an event are normally handled through the
Greater Miami Convention and Visitors BW'eau (the "Bureau"), subject to approval of the MBCC, and
are subject to the guidelines of Section II herein,
Facility and space scheduling commitments for First Priority Events may be m~e as far in advance as is
necessary or appropriate and may supersede requests for other events and activities, unless a Lease
Agreement has been previously executed by the MBCC and the user for such other event. Lease
Agreements for First Priority Events may be entered into as far in advance as necessmy or appropriate at
the discretion of the General Manager of the MBCC (the "General Manager"),
Tentative facility and date scheduling reservations for Second Priority Events are generally made not
more than three years in advance, and are subject to change to accommodate First Priority Events, WJless
a Lease Agreement has been previously executed by the MBCC and user for such event. However, large
consumer and public exhibitions and trade shows held on an annual basis may, at the discretion of the
General Manager, obtain tentative scheduling reservations for facilities and dates on a long-term basis,
subject to rescheduling or termination to accommodate First Priority Events, Lease Agreements for
Second Priority Events, shall, upon request of the party holding the reservation, be issued twenty-foW'
(24) months prior to the event. The Lease Agreement shall provide that if the Bureau has a potential
First Priority Event seeking to lease the facility during Lessee's contracted dates, and wi1hin the fifteen to
twenty-foW' month period prior the Lessee's event, the Lessee shall agree to use its best efforts to move
its event a few days either way in order to accommodate the First Priority Event.
Facilities and dates will be tentatively held pending notification to the contrary by either party, In the
event a tentative commitment is released by the MBCC, the requesting party will be notified the facilities
and/or dates have been released,
Facilities and dates reserved on First Option are reserved tentatively, but a conflicting commitment for
the facilities and dates generally will not 6e made in favor of a second requesting party within the same
scheduling priority without first offering the party holding a First Option an opportunity to either execute
a lease agreement or release its reservation, A First Option held by a Second Priority Event can always be
superseded by a First Priority Event, unless a lease agreement has been previously executed, At the
discretion of the General Manager, a party with a First Priority Event holding a First Option may be
required, within seven (7) days of written notice, to execute a lease agreement and post a deposit at any
time that the General Manager has a good faith request in writing from another First Priority Event for
the same dates.
Facilities and dates reserved on a Second Option basis will be reserved tentatively, and the absence of a
valid First Option hold for the same space and time shall not guarantee the elevation of a Second Option
hold to a First Option hold.
Facilities and dates are considered as confirmed or under contractual commitment only upon execution of
a MBCC Lease Agreement by the event sponsor and the City of Miami Beach specifying all details of
the commitment. However, facilities and dates may be held as "firm" upon receipt of a letter of
confirmation signed by both the event sponsor and the General Manager, pending the preparation,
negotiation, and execution of a Lease Agreement. In the event such a letter of confirmation is signed by
3
both the sponsor and the General Manager, no conflicting scheduling will be made during a reasonable
period to preparation, negotiation, and execution of a Lease Agreement.
IV. PROTECfION CLAUSE:
A Protection Clause shall, upon the recommendations of the Convention Center Advisory Board, the
General Manager, and subject to the approval of the City Manager, be granted to recurring local,
regional, and international public and tradeshows with a proven record of success, defined herein as the
successful completion of at least two consecutive shows in two years, which have produced significant
revenue to the MBCC. If granted, such Protection Clause will be included in the Lease Agreement and,
thereafter re-reviewed every three (3) years by the Convention Center Advisory Board and the General
Manager, and subject to the approval of the City Manager, in future Lease Agreements. Notwithstanding
the foregoing, the granting of a Protection Clause in a Lease Agreement shall not vest any right (s) or
reliance on the part of the Lessee as to the granting of said Clause in subsequent or future Lease
Agreements, but shall at all times be subject to the review and approval procedures set forth here:
In consideration for the continuation of a Date Protection clause inclusion in subsequent lease
, 'agreements, the Convention, Center Advisory Board recommendation and City Manager approval shall
consider the following criteria:
}>o Required usage of at least 115,000 gross square feet of exhibit space
}>o Event history and trending of total revenue to the MBCC
.}>o Event history and trending of net square footage utilized in the MBCC
}>o Event history and trending of attendance in the MBCC
}>o Timeliness and adherence to payment terms at the MBCC
}>o Continuous scheduled presentation of the event at the MBCC
}>o Compliance by lessee with MBCC building operating policies and procedures
The Protection Period shall not exceed a total of sixty (60) days, plus the show days. The number of
days prior to and after the event shall be the subject of agreement between the Lessee and the General
Manager, but a minimum of fifteen (15) days shall be required on each side of the event. Upon the
recommendation of the Convention Center Advisory Board, a Protection Clause in excess of sixty (60)
days may be granted for highly competitive events with highly significant revenue to the MBCC, In the
instance that an event interrupts its regular scheduling, defined as failing to take place within six (6)
months of its next anticipated presentation, its Date Protection status may be revoked,
If a Protection Clause is granted, it win read as follows:
PROTECI10N CLAUSE:
Lessor agrees that it will not lease any portion of the Convention Center facility to any
Competing Event for the period commencing days before Lessee's first show day, and
concluding days after Lessee's last show day (the "Protection Period''), A "Competing
Event" is hereby defined as an event which has thirty percent (30%) or more of the total number
of exhibitorslbooths in the same event showing/selling product lines in the Lessee's event;
provided, however, that a show that is open to the public shall never be deemed a Competing
Event with a show open only to the trade, and vice versa. The determination of whether or not
an event is a "Competing Event" shall be solely within the discretion of the General Manager,
and shall be based upon the product lines in the proposed event's prior shows,
4
v. DEPOSIT SCHEDULES:
Deposits are required for all activities upon execution of a formal MBCC Lease Agreement.
A. First Priority Events: A deposit in the amount of one day's minimum guaranteed rental
per hall, or such other deposit as the General Manager may authorize, is required upon execution of
the Lease Agreement. For events leased several years or more in advance, special arrangements may
be negotiated, at the Center's option, for a lesser deposit upon lease execution, with the deposit
balance due and payable sixty (60) days in advance of the event.
B. Second Prioritv Events: A minimum deposit will be required upon execution of1he Lease
Agreement as follows: one day's minimum guaranteed rental for the first hall, and an additional 33.
1/3% of one day's minimum guaranteed rental for each additional hall. However, first-time events
without a past history of success, and event sponsors with inadequate references, or prior event
sponsorships, a record of slow payment, etc" may be required, at the Center's option, to remit up to
one hundred percent (100%) of anticipated rental and related expenses upon execution of Lease
Agreement.
VI. VARIANCE FROM POLICY:
Events and circumstances not covered in the above scheduling policies may be subject to special
conditions, and as deemed appropriate by the City Manager, No variance from the Center's policies, as
represented in the above terms, may be made without first being submitted to the General Manager and
CCAB for consideration,
FUEV.120789,06089O,070892,060398,051299,070799,051601
5
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EXHIBIT
F
THE JACKIE GLEASON THEATER
BOOKING POLICY
L Statement ofPurvose
The Jackie Gleason Theater (JGT) is a regional multi-purpose theater owned by the City of Miami Beach and operated by
Spectacor Management Group (SMG), The facility was redesigned and remodeled in 1990 with the proceeds of a $22
million bond issue, The City of Miami Beach is committed to operating the venue according to policies which will:
. Produce the highest possible income and operate the theater in a fiscally responsible manner,
. Encourage artistic events that interest the entire cormmmity, which include, but are not limited to, Broadway shows,
symphony presentations, ballet, opera, popular presentations and revues, etc,
. Make the JGT available to as many producers as possible so as to maximize the number of days during which
events are held
. Contribute to the image of Miami Beach as a cultural destination and support the above policies by developing and
implementing a'strong marketing plan using the new image of the theater as a cornerstone of this effort,
Assist programs from small, local community arts groups and educational institutions by offering incentives.
n Defmition of Event Classifications
Presenters using the facility shall be classified within the following priorities:
First Priority - Users who contract to present at least twenty performances over at least four separate events in a
subscription series each year for more than one year
Second Priority - Users who contract to present at least twenty performances over at least four separate events in
a subscription series in one year
Third Priority - Users who contract to present at least four performances of a single event OR users who contract
to present at least one performance each of at least four separate events in one year
Fourth Priority - Users who contract to present at least one performance of at least one event
Within each category, determination of priority shall be made by amount of proposed rental income returned to the facility,
Notwithstanding the above classifications, any tentative hold may be challenged outside of twelve (12) months by the
following:
1, Theater usage in conjunction with a first priority event at the Miami Beach Convention Center, such
priority as defmed in the Miami Beach Convention Center Booking Policy
2, Theater usage by a major blockbuster event engagement, defmed as any event presenting at least twenty
four (24) total performances over four consecutive weeks, with additional weeks issued at the discretion
of the General Manager. If such booking challenges a hold by either a first or second priority user, and
the challenged event fails to respond by contracting and providing the required deposit within forty-eight
(48) hours of notification of challenge, upon assignment of the dates to the blockbuster event, the
presenter of the blockbuster event will execute a contract within forty-eight (48) hours of notification and
be responsible for the full rental as outlined in the contract, Any deposit from the displaced presenter
currently held by the theater management may be refunded to the party who provided the deposit. At the
discretion of the General Manager, established first priority users may be afforded revision of deposit
requirements.
ill. ScheduIin~ of Events
Tentative date holds may be placed by users according to the following:
First Priority - Dates may be placed on hold at any time in the future prior to the event
Second Priority - Dates may be placed on hold at any time within the 18 months preceding the first performance
of the series
Third Priority - Dates may be placed on hold at any time within the 12 months preceding the first performance of
the series
Fourth Priority -Dates may be placed on hold at any time within the 9 months preceding the first performance
For any tentative booking, unless protected in the date challenge policy enumerated below, the booking hold will expire
automatically after 30 days un1ess the presenter provides a non-refimdable deposit in accordance with the following schedule:
1, For a series of at least four events during a theater season - $1000
2. For an event with at least six performances during a theater season - $750
3, For a small community arts group or educational institution programs - $300
4, All other bookings - $500
The paid non-refundable deposit will entitle the presenter to an additional 60 days extension period, Any rebooking of the
same date by the same presenter within 30 days of releasing said date shall be considered an extension and be subject to the
required deposits as outlined in this section, If the presenter enters into a contract prior to the expiration of the extension
period, then the deposit will be applied to the contract. If the tentative date or dates are challenged and another party goes
to contract within the extension period, then the deposit will be refunded to the presenter who paid the deposit.
IV. Date Challen~es
Tentative, non-contracted date holds may be challenged, exclusive of challenges by blockbusters as outlined in Section II,
by users according to the following:
First Priority - Dates may be challenged at any time within 8 months prior to the desired challenge date
Second Priority - Dates may be challenged at any time after 30 days of being placed on hold provided the
challenging event is within its date hold time frame
Third Priority -Dates may be challenged at any time after being placed on hold provided the challenging event is
within its date hold time frame
Fourth Priority -Dates may be challenged at any time after being placed on hold
Any tentative hold that has not gone to contract is subject to challenge in accordance with the following procedure:
First and Second Priority - A presenter will be notified that a bona fide challenger has agreed to enter into contract
and SMG is holding a deposit of50"1o of the rent. The presenter with the tentative hold will have five (5) business
days within which to enter into a contract with an appropriate deposit, or the date(s) will be given to the challenging
party, Upon assigmnent of the dates, the challenging party will execute a contract and be responsible for the full
rental as outlined in the contract. If the dates are given to the challenging party, any deposit currently held by the
theater management will be refunded to the party who provided the deposit.
Third and Fourth Priority - A presenter will be notified that a bona fide challenger has agreed to enter into contract
and SMG is holding a deposit of 50% of the rent. The presenter with the tentative hold will have two (2) business
days within which to enter into a contract with an appropriate deposit, or the date(s) will be given to the challenging
party, Upon assignment of the dates, the challenging party will execute a contract and be responsible for the full
rental as outlined in the contract. If the dates are given to the challenging party, any deposit currently held by the
theater management will be refunded to the party who provided the deposit.
V. Contract Deposits
A) The minimum contract deposit required will be Y:. of the base rental for all users"
B) New clients will pay a contract deposit offull rent at the management's discretion.
C) Small community arts groups and educational organizations will pay as contract deposit the minimum
rental,
D) The remainder of the base rent is due two weeks prior to the event.
E) Producers with a Sen(;5 will be allowed to deposit the base rent for one performance, which will be
credited to the fmal performance of the series,
F) Deposits are non-refundable, Any producer who believes that its event was canceled due to exigent
circumstances may request a partial or full retwn of the deposit, which is subject to the approval of the
Convention Center Advisory Board"
VL Rental Rates
A) Not-For-Profit, Section 501 ( C ) ( 3 ) organizations (as defmed below) - $3,000 flat rent per
performance. Flat daily rent for more than one performance per day is $4,650, Events with more than
four penormances per week are subject to negotiation with management.
B) Commercial Organizations
For 1-4 performances:
$3,000 vs 12% of the gross ticket receipts per day for one performance per day
$4,650 vs. 12% of the gross ticket receipts per day for multiple performance days
For 5-10 performances:
$3,000 vs 10% of the gross ticket receipts per day one performance per day
$4,650 vs. 10% of the gross ticket receipts per day for multiple performance days
For over 10 performances:
$3,000 vs 8% of the gross ticket receipts per day for one performance per day
$4,650 vs, 8% of the gross ticket receipts per day for multiple performance days
All of the above are subject to a $4,800 per performance cap
Events with more than four performances per week are subject to negotiation with management
VII. Community Arts and Educational Prollrams
Small local community arts groups and educational institutions (as defmed below) - will be offered use of the
facility, when available, between the hours of 9:00 A.M. - 5:00 PM at a discOlmted rate of $I,OO/seat - minimum
rental- $600, with a cap of$l,OOO plus front of the house and back of the house expenses, These groups maybe
eligible to apply for a subsidy for a portion of the expenses from the appropriate City sources or other granting
agencies,
vm. Definitions
A) "Not-For-Profit, Section 501 (C) (3 ) Organizations" are defmed as organizations which meet all of the
following qualifications:
1) Current exemption letter from the IRS,
2) Current state certificate of incorporation and good standing.
B) "Small local community arts groups" are defmed as organizations which meet all of the following
qualifications:
1) Annual cash budget under $500,000
2) A year-round presence in Dade County
3) A tmck record demonstrating successful presentation of cultural and/or educational
programs.
C) "Educational institutions" are defined as organizations meeting the definition set forth in Florida Statutes,
Section 212,08 ( 7 ) ( 0 ) ( 2 )d, as amended from time to time.
D) A "Commercial organization" is defined as any organization which does not qualifY as A), B) or C)
above,
IX.. General Mana2er's Discretion
The purpose of the booking policy of the Jackie Gleason Theater is to provide the management with general
guidelines for the efficient operation of the facility. Nothing contained within those guidelines is intended to limit
the General Manager's discretion in the booking or negotiation of contracts that in his or her professional
judgement would be in the best interest of the Jackie Gleason Theater and the City of Miami Beach.
EXHIBIT
G
~
MINIMUM OPERATING AND MAINTENANCE STANDARDS
PERSONNEL
1. Contractor shall recruit and, at all times, employ a general
manager and administrative and accounting personnel to be
responsible for the overall management and operation of the Center
and the Theater.
2. Contractor shall recruit and, at all times, employ adequate
personnel to maintain the following functions: general security;
janitorial, housekeeping and cleaning for both event and nonevent
cleanup; landscaping services; electrical systems; plumbing; air
conditioner operation; painting and general overall continuous
maintenance of the Center and Theater to assure that the facilities
are clean and operational at all times.
3 .
Contractor shall recruit and, at all
stage and coordinate events to assure
minimal delays and interruptions to the
times, employ personnel to
that all events occur with
users.
4. Contractor shall recruit and, at all times, employ personnel to
develop, place, circulate and implement a sales and marketing
program for the Center not in conflict with the booking policy and
the Theater for a Summer Season.
s.
Contractor shall recruit and,
temporary or permanent basis,
the users of the Center.
at all times, employ, either on a
all special staffing as requested by
6.
Contractor shall recruit and, at all
supervisors for all employees to assure
personnel productivity is maintained.
7. Contractor shall recruit and, at all times, employ individuals in
accordance with an affirmative action policy. Such policy is
required to be established in writing and approved by the City of
Miami Beach.
times, employ necessary
that a high standard of
8 .
Personnel
courteous
in a loud
employed shall reflect personal cleanliness, shall be
at all times and shall not use improper language or act
or boisterous manner.
9. Contractor shall provide for a progressive disciplinary policy for
all employees who do not act in a courtesy manner, are not
productive and who do not habitually practice the highest standards
of cleanliness and service to the users of the Center and Theater.
EXHIBIT I
~
GENERAL SECURITY
----------------
1. Contractor shall recruit and, at all times, employ a security
manager to provide for the overall security of the Center and the
Theater.
2. Contractor shall recruit and, at all times, employ, or provide
through a contractual service, personnel to ensure the saVe
guarding of all City assets during non event hours. This function
shall at a m~n~muminclude night watchmen for both the Center and
the Theater.
JANITORIAL, CLEANING AND HOUSEKEEPING
-------------------------------------
1. The Center and the Theater shall be clean at all times_ This
includes general cleaning during nonevent times as well as during
events.
2. Restrooms are to be cleaned continuously during events and on a
periodic basis during nonevent times to assure that they are in a
functional and sanitary condition at all times. Soaps, towel and
toliet paper shall be provided in adequate quantity at all times.
3. Garbage and trash shall be removed on a continuous basis during
events and on an as needed basis during nonevent times. Removal of
garbage and trash will be at the operator's expense. Special care
to insure minimal problems from refuse odor shall be taken. Trash
receptacles shall be conveniently stationed throughout the
facilties to insure a clean and sanitary appearance at all times.
4. Carpet shall appear clean at all times. Carpets shall be vacuumed
on an as needed basis, daily during event times. Stains should be
cleaned when reported. Cleaning of the carpets shall occur on a
~uarterly basis, more often should the need exist.
5. Terrazzo flooring and the exhibition hall flooring shall be clean
and polished at all times. Spills or other conditions which
present a hazard to patrons shall be adequately marked and cleaned
immediately.
6. Windows shall appear clean at all times. Windows shall be cleaned
a minimum of once a month, more often should the need exist.
7.
Walls shall appear clean at all times. Marks
be removed after the event either by washing or
during events shall
painting prior to
EXHIBIT f
the next event.
8.
Extermination for all pests and
occur on a monthly basis, more
discovered.
rodents (except termites) shall
often shall evidence of pest be
9.
Entrance doors and mirrors shall appear clean at all times.
Cleaning of these should be done at a minimum of once a month, more
often should the need exist.
LANDSCAPING
1. Indoor landscaping should be watered as the type of plant demands.
Dry plant areas shall be allowed to become completely dry before
watering and then water is to be applied as thorough drench. Moist
plant areas are to be kept uniformly moist and the shall never
become completely dry except for a short time period. Wet plant
areas are to be kept constantly at field only by drenching.
2. Indoor landscaping shall be fertilized on a monthly basis. Over
one year's time, approximately 3 pounds of pure nitrogen per 1,000
square feet of planted area should be applied. Fertilizer must be
odor free and must not touch plant edges. It should be washed into
the soil immediately.
3. Indoor landscaping should be insect free. Constant examination of
all plant material must be conducted.
4. Indoor landscaping should be dust free at all times.
5.
The grounds surrounding
maintained in a healthy,
throughout the year.
the Center and the Theater shall be
growing, clean and attractive condition
EQUIP~ENT MAINTENANCE
---------------------
1. Equipment shall be maintained in the full force and effect of all
dealer's and manufacturer's warranties adn guarnantees available.
2. Equipment shall be maintained to eliminate all disruptive equipment
failures adn enhance operation of day to day business activities.
3 .
Each piece of
manufacturers
will be given
equipment shall be maintained in accordance
recommended maintenance schedules, copies
to the successful proposer.
with the
of which
EXHIBIT I
EXHIBIT
H
EXHIBIT E
SWORN STATEME1It"T PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS,
1. This sworn statement is submitted to
by
(print individual's name and title)
for
(print name of entity submitting sworn statement)
whose business address is
and (ifapplicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
slatemenl:_"
,)
2, I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any slate or federal law by a person with respect to and directly related to the transaction of business with
any public entity or with an agency or political subdivision of any other state or of the United Slates, including, but not limited
to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other
state or of the United States and inVOlving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3, I understand that "convicted" or "conviction" as defined in Paragraph 287,133(1)(b), Florida Statutes. means a finding of guilt
or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or slate trial court of record,
relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry
of a plea of guilty or nolo contendere,
4, I understand that an "affiliate" as defined in Paragraph 287,133(1)(a), Florida Statutes. means:
I. A predecessor or successor of a person convicted of a public entity crime; or
'"
2, An entity under the control of any natural person who is active in the management of the entity and who has been convicted
of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate, The ownership by one person of shares constituting a
controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under
an ann's length agreement, shall be a prima facie case that one person controls another Pfrson. A person who knOwingly enters
into ajoint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate,
5, I understand that a "person" as defined in Paragraph 287,133(1)(e), Florida Statutes. means any natural'person or entity
organized under the laws of any slate or of the United Slates with the legal power to enter into a binding contract and which bids or applies
to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity, The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity,
6, Based on information and belief, the statement which I have marked is true in relation to the entity submitting this Sworn
Slatement. (indicate which statement applies,)
Neither the entity ,submitting this sworn slalement, nor any of its officers, directors, executives, partners, shareholders,
employees, members. or agents who are active in the management of the entity, nor any affiliate of the entity have
been charged with and convicted ofa public entity crime subsequent to July I, 1989.
r
The entity submitting this sworn statement, or one or more of the officers. directors, exccutives. partners. shareholders,
employees. members, or agents who are active in the management of the entity, or an affiliate of the entity has been
charged with and convictcd ofa public entity crime subsequent to July 1, 1989,
The entity submitting this sworn statement, or one or more of its officers, directors. executives, partners, shareholders,
employees members. or agents who are active in the management of the entity, or an affiliate of the entity has been
ch3rged with and convietcd of a public entity crime subsequent to July I, 1989, However, there has been a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order
entered by the Hearing Officer detennined that it was not in the public interest to place the entity submitting this Sworn
statement on the convicted vendor list. (attach a copy of the linal order)
I UNDERSTAND TIl.\TTHE SUBMISSION OF THIS FORM TO THE COi'i'TRACIlNG OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PAR-\GRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFOR.'\1 THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOV1'<, PRO\ lOED IN SECTION 287.017, FLORIDA ST A nITES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFOR.'\1A TION CO...., AINED IN THIS FOR."I.
(Signature)
(date)
STATE OF
COUNTY OF
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
in the space provided above on this
, who, after first being sworn by me, affixed hislher signature
day of .19_
:".
NOTARY PUBLIC
My Commission Expires:
f
FORM PUR 7068 (Rev, 06/05/91)
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