Loading...
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 v,~4/L////#O 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 A " ~ .,. .,. .,. E to .. III ~ .. .. " ~ 0- , ~ . .,. ~ .,. .,. ~ .,. ! , i ,;, W !I :l u :l > fl ili . ili OC W I . . " ~ ~ ~ .,. .,. roc w . w ~ .", ... IF= ~ ~ W ~ 0 . . . ~ . . . E" - ~ .. - <0 ~ I . . .. .. ~ 010.... . i ... ::ib ", ~..~.. ~ 00 W ~ > .40 .. .'" .-. ~ <0 to ", to .. 0 . III .. ~ .. .;. .. .40 ." .. .", . . . ~ Ii ~ '" <;> .~ ~ ~ i " "': ~ . . . ~ ::l .. .. .. . .. .. 'ili .. .", ", - ili '-. 40 01 ... ", - '" t . ~ ~ 0 -~-- f3-tmJo-~ I l~DIHliOOCIC$ III!. !j j.i!I!:jil !I6!1~!! Ill,! . ... po ~f 0:: ril E-< Z ril U z 8 0:: E-<O ZO ril ~ ;> Ii. Z o ~ u Z o :r: u u ril <t UJ ril III - ::is <t - ::is "t, z ~ ~ AI. WRIIII' ~;;. i In MIAMI BEACH CONVENTION CENTER THIRD FLO 0 R E "+, " "Business Center Videoconference Center OPEN ABOVE EXHIBIT HALL A OPEN ABOVE EXHIBIT HALL B OPEN ABOVE EXHIBIT HALL D OPEN ABOVE EXHIBIT HALL C 2ND FlOOR EXECUllVE OFFICES ON FLOOR . Miami Beach Convention Center Page 1 of 1 . ... ~ cC-Tfia BfA'$ 1 - ............... ~.~ .. http://www.g1easontheater.com/complete _ seating_ chart.jpg 12/5/2002 EXHIBIT B 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 EXHIBIT C ~ ~ ~ ~ ~ ~ z ~ ~ ~ ~ ~ ~ ~ u ~ < z ~ ~ f'fj z < ~ 0 Q ~ ~ ~ ::> ~ ~ = N ~ ~ ~ I Z ~ Z M ~ Q ~ Z ~ Q rJl > 0 ~ M $: ~ Z r:f1 ~ ~ 0 -< < ~ U ~ ~ tS ~ ~ == 0 U ~ -< ~ ~ < ~ ~ ~ U rJl ..= 0 r:J'J. U ~ ~ ~ ~ -~ ~ 0 -< ~ ~ ~ ~ z J:08 u-o <(t;1:::! LU Z.N OJ :J'O -u.0 ::E N ~S;:~ ::!iLUuJ u.::!i>- 01-...1 ~~5 ufu~ cll. ~ i 8 ~ !:;; ~ 'tl c 1\I 'tl- III ~ :; e tJ c ~ 'n; III~ >,111 ="C CLU ~ ';:: ~- .c 0 'C.c coo 1\I . 'C III III E tJ :> c '" 1\I C > 0 -gu ~ ~- rJ 0 ,- .c ,goo tJ III III'C -1\I..c:: in..= ~ 0_111 e~OJ III .2 'e- =c '0 Q) .~ 1IIi;::E c: 0 "0 o..u .12 '0 ~ .... ~ ~ ~i~ ~ 0 III -.r; c'C- ,2 ~ 0 C 0)- aJ 'in.!! >111= g-c'O ~.:~ uQ)(ij ra C ~ Jj ~ ~ 'E ,o_c ~ .~ C) ::E~:C IV ~ ~ .r; 0 III I-our QjlU.E 1II.r;'C -I-c III . 1\I C;i :2 u [~[ clll ,g; ,2:; u := c 'E E .;;; 0 III III C c:; 0 o = ~ C tJ III co,f!1U .c_1II ;;e-. ..r;tJ o X .9 E III '" Ol'tl - .5 ; 5i ~ c: > ra 0 LU a.::: 01 E c c Olll'e tJ > 0 c c a. LU800 ~ i 8 ~ ~ Cl ~ I ~ ra . 2 '3 tJ 'tl C 1\I 1: QI. e c 'm ~ III 1: III ~ iij :> C" :5 '~ '" C III ~ 'ij ~ III 'C "5 o . a. .9 '" 1: III >. III iij . .a '3 tJ - o >- a; .t: 1\I > .c tJ 't: nI '" .!! - o t.O o ,.... N- - o >- - 'ij ra a. ra tJ 01 ,S iV III '" nI :5 '~ . III iV III .c I- c o '" ra III a 1: III III 32 E tJ C ra 0 -, ~ III '5 ..r::. c: I- III c iij - c: iij E .9 :: '5 c III 01 ,S iij c ,2 o E e a. 'C c: ra III Ul 'e 8- x III III .2: iV . 1;; u) '2 01 'E ~ 'C C ra :> ~o tJ ::: c :> III '" ;g.!! -- III 0 n;~ c ,2 I! 1V'S: ~ 1II'tl o.c o ra 0l'C c III :0>' 's;: en E g' a. ,_ oUi - 1\I 'C- III III :c:..r::. 'E ~ e- ol!! tJ :> UJ:Q 0:; ::E '" 00 nI tn- ~ ~Q. 'ij E .!! 8 Cii III 'E :5 ~o 0.111 III . ",2 Gl ra :;0 - III O.c Ul- . III III > 010 ~ Q. ra E E:O Ul c <( ra III :> c III > III .... - o :: .@ III > '5 'tl c: 1\I ~ iij :> CT III iii .cUi - 0 III tJ g 01 ca .5 .c :n; C . III III .s g. 'C0l :; ,S N .r;- 'E tJ ,_ ra c Jj 'E 'E J1 ,!!! ~ ::E '" - III o :> ~ii U ii III . :5 ~ .- ra III III .e g 1\I ,- 0.0 ",- ;t:: Q) :5 'f: '~ Ui ~ .~ cc) ~::E g.oo . 1: ai Cl1~ llliij .2= en ti c III 0 - . - - III ra c: a. ra'C III c .c ra Ul .91: 4.1 .~ 'f: c:; Ui.9 ~:6 c tJ ~ .~ Ul III g Ul tJ 01 ,S '~ "@ C) III ::E Iii 00 01 po.. ~ - o III 01 ra a. I " I I , z o i= u Z :J ll. I- Z LU ::!i l- e:: <( a. LU C '-: .... E o ll. to ::E o :J:Ul8 ~~e ,uP- ~ alue _wo ::!i....N <(ala:: ~O<( u."'~ OUl...l ~cit3 -0(1) UClU: ~ u I 8 ::i: ~ ~ u !:: ., i5 :5 .S; 1ft 1: ., > ., - u '" Q. ,5 u 'E 0 c: 0 u ., m ~ ., > 0 ., Ul '" ., ~ ,~ -0 c: '" c: Ul .. 'iij ., tl 1: ~ .. 'iij 'i:j ~ oe E .l! U Q. .9 .. ]I Ul Il ~ t:: ra :5 '5. U ra = ~ Vi >- u U .<:l '" ., ~ -0 - ~ c: 0: -0 ., ., ra ~ ., 1ii :5 .!!! .&:. ,S; 'e ,!!! l!! Gi - :J5 0 ~ 0 I ~ ~ 'in '" tl ~ l!! III ~ Vi '" 'i:j Il - " ., ., .= Ul -0 -5 Ul c: .l! :> :si ,S; 0 0 .9 ., Y m c: :5 .S; III 0 Gi .<:l ., ., ra ~ 'i " OJ tJ U -0 .. .~ .. ., 1: 'S ~ Q. ~ ~ ., .. 1: ., C> E Ul Ul 0 Vi -0 'i:j 0 ~ ~ .. tJ 'in c: .. U Il ~ c: '" - E -0 'C ~ tJ c: 0 .. m c: 0 .. ra u ., .. Vi 'E . 'i:j ., - ~ ., ., ., " - c u 0 -0 c: 0 1ft .. -0 ra c: Q. Oi E 1: c .. c: .= .. m 1; .. .!! ra .. 0 III E ., II "" :5 c: Q. Gi .. c: 1ft '" '" 0 -0 .5 l:l m " c: ~ "" c: 0 Il ., .9 ,S; '" '" ., I , C> > It ~ ~ .9 I ., ~ ~ Il ., "' m . Il " Q. .9 ~ -0 J ~ ~ 'lj 'lj 0 'c '> . c ~ U ~ 0 .l! .l! m 0 e "" 'i:j 'i:j tJ Il E lU Q. .. .. '" .l! ., .&:. :5 ~ . - - :5 :5 ~ .s 0 ., Il ., :5 - Q. N Il N .. c: ., ., ~ 0 'e ,I:; 'e 0 'iij >- " 'i " E 1: Q. c: c: m 'x 'x E '=E "'" - ~ '" 'c '" 0 'iij E (; c ~ Il E 'e E ~ E 0 0 0 > Q. u u 3: tJ 0 0 0 0 0 0 0 0 0 0 ., l- I- l- I- l- I- l- I- l- I.; .&:. l- . . . . . . . . . .... ... - o N .. co '" D. (I) w > ~ u w .... lD o .., IJ) ...J <( o Cl C'! E ~ o u. lD ::l: o SMG 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 ($244,050) (301,412) TOTAL EXPENSES NET OPERATING INCOME ( LOSS) Page 6 of 47 e e ~~ u U a: ; i a ~ d " ~ zlll:l ~ ~ B j; I:l" :I: ~ III i <I: i ... o ~ U .. ::E II:: o ... III ::E o Cl ::E VJ Ii! ~ s ~ ~ g ~ ~ ~ a: a: .., .., a: a: ~~ ~~ s i ~ e s ~ !5 = .. ~ S 0'- l;! S S i:: I:l ~ ~ "" co ~ i:: o w !i ::E i= VJ W I- W 8 :;) III I- Z w ::E Ii: <I: Q. w o S N .. 1i u ::! ~ "' 0'" a: >- .. .. ~ e gS = co ~ ~ u -< ~ - ~~ -< .. z ~~ e B ~ !:1 I:l ~ 0 ~z ~~~~~~~ ~ "'~~~'9~co ... o 0 ~i~~~~~ ~ ~-tie::~~~-~- ~- ~ - N 18~Q~@~"" 0 M..,.i15MN...i1; l"l 1!~-~li~~~ ~- N rtf ... ~!>!Q~@$!~ .....~~.....r--CSN riririri!iNui ~N""'COc>;~~ N ... l!l!>!21PJ~~!;! .....~mMf'.,......N ~::i~.:~~~ N ... ~!>!Q~@$!~ .....aCS....,....CSN r2~-~~ri~g <q' (")('1..- N ... ~~~~~~~ Ii') ~~~g~~~ ~ N ri ... VJ I- u:: W Z W lC W Cl ~ 0::: u- all ~ ~ o 0::: ~ 11. ZWZ o~Q -c(1- 50:::< lC::>VJ -VJZ VJ O:::zW W I-_ll. ZW::!i ~ 0"'0 ~VJ U::::;u W l-oVJ allUVJZZZ VJz::E~c(c( Wc(~ :C::!i ii::~~WI-:':: ' c(ooo:::~~<l:; ...J U--c(~U c(::Jztiiwo-.; VJc(::>O::::C~U- .....M......NM.. .....It)IJ'')U)U)(,CCD ~~~~~~~ 12 '" :g- '" ri iij ..,.- N '" ri '" co '" lO- ll} '" ",. VJ W Cl Z ii:: ~ ~ o 0::: ~ 11. ~ ~ o I- ~~~~~~~~~~~~~~~~~~~~~ ~ ~~O~~~~~::~08~~~~_~~m~ ~ I' I "7 I I I ,,.. ~""~~ll}m~CON~Ii')WN~~""~Il}~~m O;-~~Mm~m~.....~~..m~~~m~~ ~~ ~ ~~N~~~~~~~~~~~~m ..... - - .....- ~ ~ ~~o~~~~~~~mo~~~~~~~~i ~ ~~ ~~~~~~~g ~~~~m~gN~ ~ N m............. M.....M N 0 M ... ~~o~~~~~~~~~~~m~~~~~~ o~ O~MM~o~m~N~~~m~Nmlt) .....1/) ..... M~.....CONN M.....M.. .....1/) ~ C") ~ N_ ..... v....v .... N~Il}Il}~Il}~NCO~$!lONIl}N"'CO~lO~~ N.....N~V~~~~@~~~~~m~~~~~ ~.ui ~~~~Nm~uirim~~~omri~~ M 0 _~.....~Nm NN................. . v ~ N..... ..... C").....v .... ~~o8~~~~~~~~~~m~~~~~~ o~ O~MM~o~m~N~~~m~Nm~ ~~ ~ MOO~~NN M~M~ ~m ~ M ~ N~ - ~ ~~ ~ ..,.~~...m~...Il}~~~VNIl}"'om:g"'ll}m ~ w~ ~mi15~~~~g~~~~~~...~PJ~ m ~ri ~~gg~~~~Nm~muio~~No ~ ~~ ~___~~~~ VN~~_ ~_ ..,. ... Cl Z ~ 0::: W 11. o I- Z 0> U ~ w ~zffi Z w Clll. U VJWw c( U z- Z 11. VJ 0::: - ::> c( wx~ ::> > ~o Z uwc(~ VJ O:::ffi ~w W zCl~I VJ~ gVJ Iall ~ w~~u~ WVJ c(~ VJCl _ WWI-c(w VJ::> ...J<I: = Oz <(Cl~I-c(~lC ffio ~z ~OW Zo ::!izll.~ffiz::!iz UW o:::QVJ-JZ c(~ 1-~::>c(ll.OWO ::::;~ ~VJlli~wo W5Cl~-VJ~OU::Ei= all...J o~u-~~~o:::~~~o:::li:w~o:::o:::allOmVJm ll.U-:'::u. WI-I-I-I-WUc(www::E>Wu ::EozwVJ~I-<(VJZ~Z>U::ll.I:CWO<l:XVJ wo:::c(~c(w owo:::OOU-WI-I-::>O:::O:::c(- ~ll.lCWClI-~ll.O:::ll.UC(OO:::OODll.I-I-::!i ~NM""~lO"'~"'''''Il)'''~N'''m~N~~1l} ~~MM~MM~~~~~~~~~~~~~~ ~~8888888888888888888 ~- ~ o ..,. ri ... ~ ..,. ~ ri ... ~. o ..,. ri ... Cl Z ~ 0::: W ll. o ~ <I: I- o I- ... ..,. '0 ... u '" .. 0.. t t ~ ~ 08a u _ o ~ _ :: 0 :l ~ " ~ g~Q ~ ~ ~ :r ~ W Ie :E :$ ::E u. o >- .... u N ::E lr: o u. Ie ::E o CJ ::E II) i! ~ S ~~ ~ ~ I- I- ~~ i:i ~ ~ ~ l- S a 0'- ::! s S i:: Q w < ::E i= en w .... w 8 :l Ie .... Z w ::E Ii: <( 0.. W C '" s ~ ~ ~ a Q 9 III ~ ~ o ~ 1:: a i! I- 0 ~ ~ 8'" "'i:: ... l:; i! ~ - 9 s III 0 ~ ~ ~ - ~ ~ <1:: z ~~ o~ u u ~~ Q to ~z te tete -, to -';g II) ~~~....- is is .. .. OlDO~N ~ ....lll ::: ~f ~ .... O~ONN '" ~to 0_ ,..: ....a ri lll;! OQQ....~ "'ijoj(SLi'i18 o-:~~g ....~ ~~0~8 DO II)N rD c:i. ....N ....~ ~~~~f8 O-:~~~f ....- MNOCOs;! llliR ~ClS cD 0-: ~- 11)- '" <'l - II) w CJ lr: < J: o ~ Z lr: W .... ~ j:: ::l 0 lr:J:::E < 'ZO::E ~ w!ol;!OIl)Z O""Ozo I I I I' 0 wwww-' 0000< 5555~ lr:lr:lr:lr:lr: wwww.... 11)11)11)11)0 ....J...J...J...JW ~~~~ii! CX:CX:lr:lr:c.. wwwWo ................cx: ~~~~o.. ~!~i~ te Oi!i te DO ... .... 0> ~ ~ 0>- DO .... - o 10 U l:Il .. 0.. ,.. 10_ ~ ~ ~ ;g ... 10 ... .... ... ... DO 10 ri <'l to ... N N N '" ... .... '" Sl II) ri g N ,.. 10 N '" ~ ... ... ~ DO ri <'l to ~ N N N '" ... ... ... <'l ,.. ~ cD III ... N N ... '" ... 10 '" II) w CJ cx: < J: o ...J < Z cx: w .... ~ ...J ~ o .... .... Z w ::E .... cx: < c.. w c cx: o U. ...J ~ o .... SMG 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 o 35,550 $891,988 $439,030 729,078 $1,168,108 VARIANCE ($42,684) (7,613) (12,581) 5,209 3,688 (4,384) (16,000) (8) ($74,373) ($32,724) (97,108) Page 28 of 47 ~ ~ ~.; o 0...., U s ! i :i ~ Cl Cl ~ zz8 ~~~ :c ~ III ~ <<( ~ u. o ~ U N :i IX o u. ED :::;: o Cl ::!i I/) ~ S !:; .. .. .. .. "' a~ Z I:l la 00 e;e; =: =: 1:1= ~i "' I: U g a; ~ 8 co ~ S 0'- "' S =: i:: l:l Q ~ s "" - ~ .. o i:: w < :::;: ~ III W ~ w 8 :;) III ~ Z w :i ~ <<( "" W Q r:1 ~ ~ ~ a "' =: >- .. ... l;i li1 !.? i:! ~ ;; ~~ ~ 8 -BE ~ z ~ 0 8 ~ u U < i:J Q ,..; . uo ~ Z iIiIiIiIiIiI "'ootO~'" ~O~f6Ng as cn~MCI) ~ aj - ~ ... ~~~~m~ ~.,fN'~~~ '" ... ~~~~~~ ~ "':";ri""':w.n ,..: (I') 'II"""'II"""N m '" '" ... ~~~~~~ ~......:::~~ ... ~~~~~~ ......~..;N~CD~1l'i C"') _....N '" ... SIls;!ll>eneno ~~O~M~ g-...-N'r-:rtc:.f N ... I/) ~ u: w z UJ ED UJ Cl Z oc u. 0/1 -' -' o lX ~ c.. ZW o() ~~ ::llX ED::l -I/) I/) g:~ ~ ZUJ <<( Ou.. "1/) ():::i "UJ ~o olI()I/)ZZ I/)z:i~<<( UJ<<(lX :c ~~o~:;~ .J !!::~<(() <(::JzUJUJ-; I/) <(::l lX:Cu.. ::~;1)u;~tb ~~~~~~ iI '" ... N ..... N '" s cri '" ... ~ ~ ... '" to '" Ii l"l en It) '" ~ I/) UJ Cl Z ii: '5 -' o lX ~ c.. -' ~ o ~ iIiIiIiIiI iliIiI~iIiIiIiIiIiIiI 1t)0_"''''n_'''~O~Nenlt)''''''''0 ''''-'1> IN ,..... C9"7U7'?"7"7 is .. ~08N~0~~~~~m~~f6~f6 N t::..~.....- ~ CD. 0."'" ",JitlEl.:::.~ N ...-...... U')vUl - ~..... -~- ~o~~~o~~~~~~~~~~~ Il'i ~riM N ~gM~~"; ..,..: - ~o~~~o~~~~~~~~~~~ \rf sfC'"i~ N ~~N.-:gtn- or= N f6os;!~~o~~~m~m~mf6~s;! ...... mWN ......vmm(l')..-mvv~~ -.:i r--:N-cti N 'V-NN-......-cDCf ..,..: m ......(0...... - ~o~~~o~~~~~~~~~~~ Il'i ~ri~ N ~~N..,..:gm ..,..: N ~0~~~~~~~en~~~~2~f6 w o~(I')......_N_~..-......vo~~v r-: r-:N'ri":ri oN'ricri~o ri ('l') ~ _L{) re U') - Cl Z ~ lX UJ c.. o ~ () Z 0> UJ UJ c..ZlX W ::!i () ::lUJUJ () c.. Z I/)c..rn - UJX-,I/) > Cl::l <<( ()w<(c.. lXffi ~@ ffi ZCl~~ I/) gl/) &olI ~ ~~~()~ ~ ~-' ~Cl < -W<<(UJ Z ~~~ I/)~ :::;:Cl~~lXg:~ UJ lXOCUJ 0/19 ~~c..<UJZUJ ~ <(w()5 UJ5Cl()~~~~8:::;: -' ~~ii::ClX~~~~~UJ~lXlXo/Imoll c..u..~~~~~~~UJ2<(UJUJI/)>~ ::!iOUJ-,~I/)Z_z>u.c..:c:cUJ<(x ~~m~;:~~~8~~~bb5g:~ _NvW..........C"')v~......-N(I')cn_M~ -M~~M~~~~N~~~~~~~ ~~~~~~~~~~~~~~~~~ iI ";- ~ ... ri '" ... "It - o .. ... GO '" IS "" N en r-: :;;: lR ...... N It) en ~. ~ ... lR ...... f;j ~ '" .,f ~ Cl Z ~ lX UJ c.. o -' <( ~ o ~ i~ o q '"' ... a .. ~ ' :: i!::3 ~ .. .. ~ o 0 Cl ZZo !2S~ i: Cl ... :c ~ CD ~ <( ~ ... o ~ <3 N :0 0:: o ... CD :!! o C> :::iE Ul ~ .. 51 - .. ~ W ": f-oo ~~ ...... ~ ~ 00 i:l iZ ~ .. ~~ ~ ~I '" g: '"' a B ; ~ !S '" ... ~ a 0" ::! s iZ i:: Cl ~ s c: ~ >- o ... w !;( :0 i= !3 ti:i 8 :;) CD t- Z w :0 ~ ~ w o ~ ~ ~ ~ a '" g; i:: t; .. " e !S S '" : ~ ~ '"' 0( ~ ~ ~ i:: z g ~ o ~ '"' '"' ~ l3 Cl tj 0\ ~z tetete 08r:! ~ . ~~~ ":. N~ ~~ IIlN ~~ o~~ rrf r-: ~ o~~ ui~ ~ 0"'''' NO> 1'-'" __~ as IIlN ~ o~~ ui~ ~ 080 ,n --I'- ~ U ::l ,<( :::iE0::0: ::!i::lt- OUlZ uZO t "'i't) UJW-, ~~<( >>u ffiffi1i: UlUltJ (/J ~-1UJ W <(<-' C> ZZ\!:! 0: O:OCa. < UJWo J: t-t-o: U ~~a. -' < ~ ~!~ te N I'- te '" ~ ~ ~ 1'-. ~ III ~ ... - o N .., .. .. .. l1. '" ... C> ~ .... ~ ... I'- III ~- ~ ;;; ... .. C> ~ .. '" ~ ~ ... III N "'- ii:i ~ .... .., .. '" C> C> ~ ~ ... ~ N III g ~ ... '" ... N ..; .., C> ... .... l!.l "'. ~ '" ~ ... .., .. '" C> o ... ~ ... 8 ,n I'- ... '" .. '" .. .... '" ... Ul W C> 0: < J: U -' < Z 0: W t- ~ -' ~ o t- t- Z w :!! t- o: < a. w o oc o ... -' < t- o t- EXHIBIT 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 EXHIBIT E g)J gj ~ ~"l2 ~O<l~~~ ~h~g 2> ~ 32 ~ 8 lD ~ .. 1:: .. tJ", ,~ ~ "E' ~ "8 ~~ () = .c: u m lD 'I: .. ~ ~ ~ ~ 1;; :U !:ig ....~ , ~ ' " I f"'-" I N 0>1: 8 on 0 I I ~ (So, I t'1 i ~:a I IC ~ \0 on (">l '" '" 8 , :; s;q;' 'i 1_ i:7\ v" I ~ I , ~ ' , .' N i 8. i i i N '" i i i ~ i N '" , '" , I "l. I '" '- f""I I I ~ I I ~ I I I 8 , rot ~I I~_.l 1~~~18 I I I~ I I I I~ I M l""l _ OCI I ~ I I I ~ I '" '" I S I ~ @ I I I I I ~I!II!III~~!II!!I!~~~~II~II~~~~~~~!I~~I!!! I ~8~88~888~~~88~~8~~~~~88~8~~~~~~~~~ ~~8~~~ O~~~HH~~HO~~~~~OO~OOHHUOU~OHHO~HOHHOUOOOHO ~~~~~~~~~~~~~~~~~~~~~~~~~I~~~g~~~~~~~~~~~~ ~ ~~ ~ ~ ~~ ~~ 00 oo~ ~ ~ ~ Q~Q~U~~Q~~~~lDB<~B~B~~lDQU<~~UQ~~~~<~tJB~B~tJ~ < <<' < Q is< lDQ lD QlD is is is ~~~~~~~ ~ ~ ~ ~ ~ ~~ ~~~~ ~~~~~~~~~~~~~~~i~~ ~ ~~~~~ ~ _ s S ::. S ~ ~ ~ ~ ~ ~ ;;;; ;;;; ~ ~ l""l ~ S $ ~ ~ In ~ ~ ~ ~ s: s: In s: ~ ~ ~ s ~ ~ ~ ~ ~ ~ oooooooooooooooooooo;goooooooooo~o ~ocs8oooo gj ~ o ~ i 00 ~ ~ ~ ~ il ~ ~ ~ ~ ~~ I~ i~ ~ ~ N ~ S ~ I~ ~~~ ~ 81 e ~ i ~ s~ o~ .. ~ U ~~ p~oo ~ ~o ~ ~ <~ ~ ~~oo~~ I i~11 ~~! ~ i~~~S~g~~~~I~ ~ ~ g~ ~ ~~~~~ ~ ~~~~ N~S e<e~~~~~8~~I~~< ~ < i'O~ 0 ~Q~~~ e~~~~~~~~~~~~~~~@~~~~~~~3i~g~~~~~~O~~~~~~; ~1~~~~~~lD~~~~~~~_~~~lD~~O~~~3~~~N~~lD~~!~~~~ ~ ~~;;i~~~~~~~i~~~~~~~~~I~~i~~i~~~~~~~~~~~~~ ~ :l1 8 <Xl ~ " 1:: " tJCD 68 'E~ ~8 ~~ tJ .c u " ~ <Xl 'l!! " ::E g~ ~ i i i i i .....: i i i i ii' 8~~' 8, ,8, i i i I Iii i I i It'--=~I~~II~I 8S,~,8~ DO ~ 1 f'f'1. I "t .. f'o."~ '0\ \O~ o I;:' I N ~8g!~ ~ I I I I I '13' I I I I I I '::: ~~ I g I 18, I I I I I I I I I I ~tIotz <"l'l:t 'It 1.1'; ~ ~ I ~ I ~ ' .... .. ... I _ _ ('l _ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~iiiililllllllllllllllllilllllllllll II~III~ 8~~8~8~ 'Oil U ~ g! ~~~~~~OO......~O~~~~~......~~...u...O......O...O~~OO~OOO~O ~tJ~.........~ U~~~~ tJ 1~~~~~~~13~~~~~~~~~~~3!~~~ I ~~~ I ~~~~~~ ~~~~~~~ '< ~ ~ M ~UM ~ ~~~ ~ ~ ~ ~ ~~~u~~~~~~~~~~~~<~~~~euu<~< tJu ~~~u UUN ~N ~<N ~ ~ U~_~~ ~ UN< = is is ~ is < <lil< ~ ~ ~ is ~ ~~ e~~~~~~ Oil ... eS~~~~~~S~~~~~~~~~~~~S~~~~~i~~~~~~~~ 0: ~ :;; :;; ~ ~ ~ ~ '" ;;: ;;: ;;: ;;: ~ '" ~ '" ~ g g :5 _ S S S S _ '" ;:; ;:; ;:; ;:; ;:; ;:; ~ ~ <000000000000000---- --------- I;; ~~~~~~~ ~~:::::::::~~~ o 0 0 0 c: 0 0 ~ ~ o~ ~I I ~ ~ ~ ~~ ,0 ". ~ , " i 0' S~ ~ ~ ~ ~ ~ ~ ~ g~~ ~Q ~ ~ ~ ~ ~~; 0 N~~ I~!I! I~i i ;1 ~ ~ ~~~ ~;~>~I~~~ !~ I I~ ~~B;~i~~~~I~I~~~~~ ~ ~~!~~~;I~~~;~ ~~ ~I~~ ~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~; !~~;~~~ 8~li2<<@~~~!'l~Hj~ li~o:~~~VJ~~6~~::l~~...~~!2~~ ffi"'~~~~~ ~i~~!!~~I~~~~i~~~~I~~i~~I~~I~;~~~~;i ~~~~~~~ '" E' :2 8 '" ~ ~ 1:' ~ tJ", "8 :!!N ~8 ~~ u .c: <> m '" 'E ,!l ~ :;l~ , ,~ 0 ~ , ~ 8 ':i~ ,~ i~ 0 0 ,8 , ~ ' ,:;: bO i i ~ l:i. i i i i i i i ' ~ , ~ i i i i j i i i I , '" 100.. C'f'}. ''';:1 I , I 0, ,- I'" I g I 1,,< ...~ '" '" - ~ '" N .... N :;; ~d I l~ ~~ ~ ~l 18~ ,8 I~ I~ I~ l~ I ~ I l~ I I :.. I I I I I I I I I I I I I I I 0::"12 '" , ~ '" - '" '" ; I I I I @ @ I ~ I ; ;~ @ I I II @ @ I @ I I @ ; I @ @ ~~ I ; ; I ~I @ @ @ @ II ~ I ~ ~ I ~ ~ ~ I ~ ~ ~ ~ I ~ Ii; ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ 8 8 0 0 8 8 8 8 8 8 8 8 tJ tJ U U U U U U U ,'"' u~8 ~~ ~~C( 0 0'" ... tJ ... .. ... ... ::l ::l 0.. u ::l ::il .. 0 ... 0 0 00 ... 0 u.. ... 0 tJ.. ... 0 ::l 00 ... ... 0 tJ 0 ... 0 'I, u... ~::oo ~ ~, ~ ~ 8 ~ ~ ~ ~ 8 ~ ~ 8 ~ 8 8 8 8 8 ~ ~, ~~ ~ 8 8 ~ ~ ~ ~ ~, ~, 8 ~ ~-~. ~, I~ ~ ~ ~. ~, ~ '" "l ,'" '" lil "l '" ~ ~ ~ "l ' ~ '" ":00 '" '" N '" '" N ~ ~ '" .... N N '" N :q .; .,; 1d'~ ~ ~ '" - - .. ~ '" ~ ~ ;;; q q u. :g 5 q :;: ~ :;: '" '" ~ ~ u, ~ q '" ~ q ~ t.> q " "I oOU ~ t.<. q ~ ~ ~tJ " q tJ q ;Xlt ~ III tJ A ~ ~ ~ III III ~ oi' A ~A ~ A ~ A tJ U A U tJ oi' N ~ N U N U .... tJ N '" .... =:I Ci Ci Ci A Ci Ci A A U Ci Ci Ci S ~ ~ ~ ~ ~~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~ ~ II ~ ~ ~ ~ ~ ~ ~ ~ l'l ... ~ ~ ~ - ~ ~ :::: ~ ~ ~~ '" ~ 0:: ~ l:! ~ ~ ~ ~ ~ ~ 0:: 0:: l:! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - ~ '" '" ::l :g on on ;;, ;;, on on ~ ~ ~ 0> 0> 00 0 0 00 0 00 0 0 00 0 0 0 0 000 ... '" <Ol ~ ~ " ~ I 6 " ~ ~ i~ I ~ ~ ~ ~ <Ol ~ >- !il I :(' ~ A " ! ~liO ~ , '" @ I '" 8 ",lil ~ '" ~ '" ~ ... '" tI: ;;j S ~ 0 ... ~ i r:;~ ~ ~ S1 ::; ~ U f3~ tJ g 8!!l ~ ::I ::I ~ Ii ~ o ~ ~ it! tJ !il A ~ '" ~ ~ ~ ~ ~ ~ ~ ~ ~I ~ 0:: 0 I i ~ l2 ~I i~ 0 II ~ 0'" ~i '" >- tI: 0 I~ &: ~ <Ol .. ~I ~ ~ ::I 0 ~~ ~::I ~ ~,,~ ~ '" ; ~ ~ ~ '" I~ ~ ~ '" l:: U ~ '" ~'" ~ U I~ 2~ ~~ !~ ~'" '" ... ~U t:l ~~ ~ ~ ~ [g ... ~ I i~ ~" ~ ~ ~ tJ tlle '" ~ 5 -~ ~B ~ i ~ 15 15 ~ ... ! ::I "Ill ~ ~ <: Ii: ~ - ~~ A<Ol U .. '" ... ~~ <';>- ~ ~ ~ ~ "'~ ~~ ~gJ ~~ ~~ ~ '" A "'<Ol <Ol ~ ~ '" ~ S >- ~ ~ '" 15 "'~ '" '" '" ffi ~~ ~ ~ ~ U ~ il I '" ... t2 i!lon ~~ <.: 0 ffi " - ~~ .. >- '" tl ~~ I~ ~~I ii ~ 0 U '" !" s: o .... ~ ~ ~::l 15 '" I ~ tJ Ol !; ~ ~ ~ ~ ; Z~ >-~ I~ ~~ I~ ~ '" ~ ~ ~@ ~ ! ~~ I~ E z ~ ~t:l l:l ~ ~ '" '" ~~ ~ lil ~ ; ~ @ ~ Z ~ Iii '" ... 1il~ z ~ ., ~ :i! 8 CD ~ " 'E " tJ"" ,~ ~ 'E. n () .<:; " .. .. CD 'E .. ~ ~ ~ i i i i i 00 ....0: i i i~. i '" i I ~t ' ~ ' l j i Iii ~ i i i i i ~ I ~ I ... h~ 0: !Z: I ~_ I I I ~ I ~. I N .. I I I I I I ~ I I I I I I I I I I I I I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~S~S~~~~~~~SS~~~~~~ ~88~~8~~~~8~8~~~~~8~~~~~~~~~~ ~~U~O: . O~~~m""O~UO""OOOtJ....~~U~""""""~~O~OOOO~~O ~,:.~)\g tl ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~Vl NN'l:tt"'-_\O__\O(">I_f"'l~OO_ f"'!1Of"'!N M'tO-M_V'l < ~ ~ ~.. ~ ~ .., qq.., N .., ~U~~Q~lDQe~Q~Q<e~~e<<~CDQ~<e~UQ~ == CD < '" - <<- - - U Q Q u Q ~ ~~o-~~-~~~~~~~~~Q~~~~~Q~-~~~~~~~~~ E-l NOO ~oovt"'t'-_f'f"IOOONO\aoM _VI oi oii'..... 01 ""c5 Ill_ ~~~~gg~~~~~~~~~~~SS~~_~~~~~~~~ t; , i~i.~ii8~8.8~~i ~_ :&~~I~"ON 1~8 I I~'~ 1~881 ...:;:; ....: . _. _& "\ lI"'I I~~IIII~~~~~I 8~~8888~~~~~8 ~~....~........~....~u........~ ~.~.!~~J~~~~~~~ \Of'I'l_-\ON~"" _\O_'It q qq ~ q ;3 ~tJUlDQ~~ei'4~tJlDfil " <<lD" 0 ~~~~~~~~~~~~~ QQ"~~c:!~"''''QQ'''' _ _ _ _ _ _ N N f"'l M f"'l f'f"I o 0 0 0 0 0 000 000 I ~ e i ~ ~ ~ ~ ~ ~ ~ ~eJ ~ o III ~ ~ ~ Q~; ~ ~ a~~ ~ ~ ~ I~~~ ~~ Q ~ >.. ~ ~ 8~ ~ -e~ utJ !~!~ ~~~ ~~~I ~~ ~~~j~> i ~~~ ~~ ol~ ~ !Ii! i~il!~!;I! ii~ il~i~i I I!I ~li!I~1 ! i'S"'~iil~~~~~~ig~~~~ ~~Si~~~~N~!lJ 0 ;:glll~ io~~~;>'" ~ ~~li~lllli;iiiiiiilii;~lllii;i 111~il~lill~! III 2' :l2 8 III ~ ~ i! ~ '-'g ,~ N 'E, "~ ~N '-' ~ " .. " III 'E .. :ii :H i~11 0 ,i5( ,~ ! i i i I I i i i i i i i~ i i i i i I I 0 !38 l<t 1 ". r:: ....: - '" ::l - '" h~ I~~ 1 8 1 I I ~ 0 ~ ~ I 1 I I 1 1 1 1 1 I 1 1 1 I 15-1 1 ..: i2 ~ ...: ::l- I I I fil fil I I ~ ~ I I I fil I fil fil fil fil fil ~ ~ ~ I I I ~ fil I I ~ ~ ~ I I ~ I I I fil ~ fil II ~ ~ I I ~ I I i i ~ f!l ~ ~ ~ ~ ~ i f;] ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 u 8 u 8 8 8 8 8 8 u 8 8 8 8 8 u u 8 8 u u U tJ .~ u~~ , ~~ ~~g u 0 ... 0 ::> .. u 0 ::> 00 0 0 ... 0 ::> 0 ... 0 .. .. 0 .. ... u 0 0 0 ::> .. .. ... 0 0 u .. 0 ::> ... 0 0 ..... ~~ ::;:11 ~ ~ ~ ~. 8 18 ~ ~ ~ 8 8 ~ ~ ~ 8 ~ 8 ~ 8. 8 ~ ~ ~ ! 8 ~ ~ 8. ~ 8 ~ ~ 8. 8 ~ 8 8. 8 !3 8 ~ ~ '" I(! :1 '" '" '" "i ... ~ '" :: '" . oii oii ~ ~ N '" '" ~ '" S '" '" ~ ~ .... :d' .... '" .... .... '" N 0 '" '" ~ N S '" !3 ~ 5 ~ '" ~ ~ ~ ::; '" '" '" qq q ::; ~ q ::l q 9 u ~ u ~ q ::; tJ. q q u. q ~ < ~ ::; ~ III Q ~ ~ III Q u ob u ~ of III of Q ~ Q U. u < ~ ~ Q < ~ ~ uu. u .... u .... u .... u .... III U III .... U .... <~ = is G is is Q Q is III is III is G III is G ~ .... N I I I ~ ~ ~ .... ~ ~ .... ~ ~ .... N .... ~ ~ ~ .... .... ~ .... .... ~ ~ .... ~ N ~ .... I I I ~ ~ ~ ~ .... ~ ~ ~ l'l '" :l ~ ~ :s '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" '" ::: ~ ~ s; ~ ~ ~ ~ ~ ~ ~ '" :l 00 s: ~ s ~ ~ ~ ~ :g :g '" '" '" s s 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 .. '" o-l I ~ ~ I ~ is ~ ~ ~ ~ ~ !Ii ~ ~ I@ ~ "" ~ ~ ~ ; ~ ~ ~ I I ~ IIi '" '" .. 0 0; i r:: < ~ fil '" ~ i5 >< '" ~ R ~ ~ u 15 ~ ~ Sa i ~ ~::l o ~ I~ g ~ 1 ~ 0 8 < 6 ~ @ I "" ~ i~ eJ~ ~ o-l i~ '" l;: ~~ g: ~.. ~ ~ ~~ :I i5 '" ~ "':I ~ !(>< ~i .. is ~ "" ~ ~ ~ 5 ~ is ~I u ~ g ~ < ~ o-l U ~ ~ tJl ~ '" 15 U gJ g: ~15 tJl~ :g ~ ~ ~ :I .. "" 0< U ~ ~ ~~ ~ 6 tJ ~a ~ < 0 15 U &;~ ~i2 ... ~~ :10 ~~ ill < .. "" ~ 15 ~ ~ ~ Q tJ gj< 0", ~~ -Q is o &; :><Q ~ ~gj 0 ~ ~ 6 :>< '" ~~ ~~ .. ~ ~'" ! tJ "" lil ~ 5~ I~ ~ "" 15 !( g ~ i! III ~ ~ N ~ iJl I Ii ~ ~ ~~ g Cl "'''' :I ~~ ;~ :I is >:: ~ ~~ l! ~ IS Ii Q '" <c < ~@ oj g ~ >< 0 ~I I ~ ... '" "' .. Ii2 '" ~ ~ ~ ! ~i ~~ ~ IIi ml ~ ~ IIi ' ~~ ~~ ~ ~~ ~ ~~ o ~ iJl15 o-l ~~ !( !;l! ~ i~ !( '" ~ ~ 13 ~ !(fiJ z ~ ~ z~ ~ - z~ gj~ Z III Q i;; ~ '" .. .. '" 51 ~ :i! 8 '" ~ ~ 'E ~ 68 ~~ U tJ s:; <J .. " '" ~ .. ~ g~ 8 08 0 ~ ~ 00 :q 0 ~ '" "1. :q . --... ~ '" oO~ .c '" .... .... - ....,.; h~ 8 8 ~ 8 ~ 88:;;: ~ ~ ::J. '" N N '" ,.; Iii: I I I ~ I ~ I lil lil lil lil lil lil~ lil lil ~ lil lil I ~ lil lil ~ lil ~~ ~ ~ i I I I ~ ~ ~ ~ lil ~ ~ I~ ~ ~ ~ ~ ~ ~ ~6 ~ ~ ~ ~ f!l i I ~ '" '" ~ - - ~ ~ ~ .... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ i~ '" 8 8 8 8 8 ~ 8 ~ tJ 8 u u u U tJ 8 u u 8 ,'" u~~ ~~ ~~~ '" '" '" ::. .... '" 0 '" 0 0 0 0 00 '" .... .... '" tJ '" 0 u .... tJ .... .... .... .... ::. .... ::. '" '" 0 '" ::. U 0 0 0 00 ~,.:. Or;:;: '" ~ ~ ~ ~ ~ ~ 8 ~ 8 ~ 8 8 ~ 88 8 8 8 8. 8. 8 8 0 ~ ~ ~ ~ 8. ~ ~ 8 ~ 8. 8. 8 ~ ~ ~ 8 8 ~ 88 ~ "1. ~ '" ::J. "1. ~ ~ ..; ..; '" .c ."1. :i 0 .c '" ~ ~ :i ~ .... ~ '" . '" '" '" N '" N '" N .... N '" '" '" '" '" S ~ '" ~ ~ ~ R. R. ::;: !7 ~ ~ R. ::;: ~ tJ ~fr tJ. R. ~ R. R. R. tJ ~ R. ~ Q '" u '" u '" ~ '" '" ~ UQ Q , ~ '" '" u '" tJ < '" tJ ~ U U tJ N N N U N ~ tJ U N U U = G G G G Q is '" is Q Q '" !;J !i1 !i1 N N I I I ~ ~ ~ ~ N e ~ ~ ~ ~ '" '" ~ ~ ~ '" ~ ~ ~ ~ ~ ~ I '" I I ~ ~ ~ ~ ~ ~ ~ ~ ~ Q :l< :l< ~ '2 '2 ~ ~ .... S S 0_ !H ~ s s ~ ~ ~ ~ ~ ~ '2 , ~ ~ ~ '2 :;: ~ ~ ~ ;;:. ~ ~ ~ <5 <5 <5 '" '" '" '" '" 00 0 0 0 0 0 00 0 00 0 .... '" I ~ , ti:i ~ I '" ; ~ I I ~ ~ 3 ~ ~ ~ i @ ~ i ~ ~ i ~ '" I I@ el g ~ I I~ ....0 ~ ~ ~ ~ ~'" S ~ >< ~ ~ '" 3 ~ ~ u ~ ~~ ~ '" ~ ~! gl ~ '" I ~ 0 I ~I ~ ~ ~ '" .... .... I~ o ~ ~ i >< ~~ ~'" ~~ .... :;! >: ~ "<I "'~ ~ ~ ~ '" 0.... II ~ ~~ ~ ~ ill '" ~ 8 :?; "<I ~ ~ ::l < I; ~$l 00 '" ~i ~ '" ~ ~ ~ ~ ~ ~ tl @@ < tJ "'~ el ge~ ~ ~ o ~ ~ ~~ I!'i 0 ~I ~I ::l~ \)'" ~ >< ~'" ~ '" I ~ ~ ~ ~ ~ ~ '" u '" '" ~i \)$1 ~ 0 ~ ~ ~ ~ el ~'" I! il ~~ ~~ N~ ~ :;! :il < ~~ '" N 8 ~ il ;,: '" 13 :;! u :;! ~~ ~i ~I [lj ~ u ~< '" ..l '" "'~ il ~ B ~ $lOll !I! 8 ~~ ~ i~ ~ "' ~ ~~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ ~~ ~ Q ~ ~ Z Z U ..l N '" oz ....'" _ z 2> :i! 8 lD - .. 1:: .. tJco 68 ~~ U tJ '5 ill lD 'E .. ~ ~Hl ~ 8 8 ~ aa ~ i~oo~ 0 ti8 ~ "l. ... 0 5~ 0 ~ ~. :a ~... ~ r: r:: :~ ~ N :!l NN ~ ~ "'1lI .... , h~ III !Z: 8:q ~~ ~~.~ra~ - - ~ ~ ,.; ~ ~ o :q 8 '" 8 ~ !H~~ :q ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~8~8~~~~~~~8~~8~~~~8~~~~~~~8~~~~~~~~~~8~~~8~~~8~~~ 'H"UU8 u888 U 8 u~~tJ 8 ~ ~"'Ucgj o~~~~~~~~~HHHUHHO~~H~H~HOHH~HHHHH~UH~~~~HH~OOO ~ U'f."')l9 ..... 0 tl I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~ ~ < ~ q. q.q.q. l3 ~<~qtJ<q~<~~~e~~U~<UqelD~lD~lD<tJU~.<~q~q~~UlD~~etJ = lD lD < - U '" ... <~~~~~~~~MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM ~~g~g~~~~~~~~~~~~~~~~~~~~~~~~~~~~g~~g~~~~g ~~ ~ ~~ ~ ~~~~~~~~~~~~~~ ~~~~~ ~~~ ~ ~ ~ ~ ~ ssss~~~~~ Ii; I ~ ~ 88 ; Ie I~ !?: lS 0 < ~ ~ o I tJ ~8 ~ 0 ~ ,~I~ u@~ I ~ ~~ ~~ ~8 ~ ~~ I :5~ ~~ ~~ ~~ ~~ ~~ ~ 11m ~! !~I~ is ;iS~ ~~;~ ;I~~I~ U~Uh uu;iu IU;muIB!UlLmlll ~~=lD~~~~ ~~~~~~~~ ~~~~~offiS~~a~lD=~~~ffi~~~~~ E~~~~~~~~~~~~~~~~~3j~~~~a~~~~~~~~@~~~8@O~~ ~ ffi .... q ~ o ... co co N ~ ~ ~ ~ ~ 8, ~ 1-<00 "l. I - E-4i \0 ~ ~~ ~ ~ - Of_ 2 'CA \0 00 ~~ !S~r8~ ..0 fI'l" 0\ vi :;: N .,; o ~ ~Sl~1il~1il~ ~NS;"''';''';;Q o '" ~ I ~!ll!a ~__ I 0" ()> - '" !il 8~ 8 t"-. "l "l N _ ~~ F:lSi!~8 O'j, ~ 1:'--. C'1 _ N_ ~- ~ ~~~~~~! i8~ .....N' ~;; 88 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~iii~~~~i~~~~~i~~i~~~~~~~~~~~~~~~~~~~~~~ 888 8 8 8 ~~~()>~ ' ~~~~~~~~~~~UHHH~HHHHU~UHOH~~OUHHHHHH~UUHHHUHH~~H u.:.~;l'l~ {j : i~~~~ ~!~~~~~~~~~!~~!~~~~~ ~~~~ ~~~~~~~~~~~~ 8 ~ S ' 'E .. tJco 68 f!'l' ~ quq U q q q q q ~8 A~~~A~~A~<U~U<U<~AUU~~~AA<~A<~<~qq~<~~AA~q< 8~ =<(~<(~ <(< ~ .{,Q <( ~~~ ~ ~uu~ ~~ ~u ~ " .. " ~ 'I: .. ::E .. I-< ~~~i~~~iS~~S~~~~~~SS~~~~~~~SS~~~Si~~~~~~~~i~ ~oooooo~aaa~~~~~~aa~aa88o~~~~~~~bbSbSb~~~~~S In o ~ ~ ~ ~ ~ 1;j- ~ ~ ~ ~ I ~5 ~~~ ~ ~ ~ ~< ~ ~ ~ ....0 !;;! tJ U.. .. 0 ~ :;]:;] ~ ~ ~~ ~~1;j ~~~ .. ~ ~i ~~~o CY ~ 8~ ~~~ ~~~ U opU ~~A~ ~~~ S ~~ ~~~!~i~I~;~1 I Ili~ ~ ~~!~ ~~~~ ~ ~~ ~Z~5~~8cy~!;;!~8 <~ :;]~Z~ ~ gg~~ ~~i~~I~ Ig ~~~~I~~~~~i;3i~~;~ ~@~~~8~ il~~ i~~~~~~ ~~~~:;]~~~~~~~~~~~B~~~~ ~~~~~i~~~<!~ ~i~;;;~~~~~i~~~~~~~~~i~~;I~li~~~~~~I;II!!;~~ ~ :x 8 ID ~ ~ 'E ~ tJ", 68 ~~ ~8 o~ tJ fi .. " ID '~ ,!l ::; g ~ g ....llC 2 ~ a " .n O'\~ ~ ~ ~ 00" c '" ~ !~ ~ ~ 8 ~ Iii) N....~ 8 ~ o :5: ~ 1~~I~I~~~~ta~~~~~ ~6~~6~6~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ 8 8 8 u, u ~"'Utl!:i o~~~~u........tJtJ~....u....u~~............o U'-I , "r::!i c;> ....~ 0 tJ ~~~~~~~~~~~~~~~~~ EN-~~V~~N_V~_N ~~ '< ~ q q ~IDA~BBIDU<~tJ~~IDUIDU == ./: < '" .... e~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~sssg~ .... '" ~ ~ :?; ~ ~ ~I Ii I t I <<1l 1Ji~~ ~ ~~ ~~ ~~ ~5~ 0 ~o gJ~ ~~~~~;;~~~~ ~~fi~ ~~pl8~><~~tlJ~ ~~8~ ~;~I~~~~~ioii~~!~~o~!~I~I~~ ~~ ~ ~o 5~ ~~ '(-I '<:ct~ r.n< :cz ~ 8. ~ ~ ~ ~ ~ 8. r.; ~ ~ \O~OOA\O 0\ ;~~l1&~ ~..or:ln~.n ;.. FJ ~ ~ ~::} ~~. ~ - '" 8 ~8 8 ~ ~~ ~ 8 ~ 8 ;!:! ~t"-oo::!- ~~~.~~~ ____t'"-_ ~~~~~~~~~~~~~~~~~~~ID~~~~~~ ~~~~~illll~~~~I~~~~I~~~~~~ (-l(-l~U~(-l(-l~U~HU~(-lU~UU~UUUU~UH ~~~~~~~~~~g~~g~~~~~~g~g~~g qu u qqqq q q q ~~;A;~~~~~ID~AA~<A~tJ~AAID~<1D ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~ ~ ~~~~~~~~~~ '" '" - - - <::! <:! - r< - - <::! <:! ~ ;g - - - '" ~ '" - - ~ - ~ __:::':::';::;__~N;;;"'f'O"lff'l ;:P::J:~~....,It"lV"l~~ ~ 0000000000000 03.003000000 (5 ~ ~ ~ ~ I ~ ~ I~; 1Ji ~1Ji~~ I g !;l~~ 1Ji~ ~ ~ i2~:~ <1l i N ~~~~ ~ ;~ ~ ~~~i~~ ~tJ~~ ~o~o ~~~~ ~ ~~~~o~~~~u~ ~~~5~~~~~1D ~ ~S@:?;~~i9~~~ ~~~~~~~~~~ ~ ~~~~~~!~~~~ ~i~~~i~~~~ ~~ ~@i~~g5~~~~ ;~I~I~~~~~~~~~~~~~~~!~i~~~ ~ :? :S2 8 CD ~ ~ 1: ~ tJeo 68 ~~ ~~ ~N U ti al CD '~ .. ~ :Hl~ :;: !-< 8 .... '" o -..: !-< ~ - 8 0 "l. ~ ~ "",,& !~~~~ ~ a~ .,; f!l~~~~~~~~~~ !-< tl !i! !;( !;( tl ~ !i! !;( < !;( ~~\1~~~!?:~~~~ ~~'"'"~8'"'"8'" ,'" u ~ el ~~~~~ tJ '".. '" tJ '" U '".... u~:::::;:g tl I~~~~~~~~~~ '< ~ ~ ~ B-u.u.< U.B<XlAtJ.A .,s"'"' ~..:<<~< '" !-< "(......11';11'>........................"'.......... l'l~~g~g;jn~:s:;;:s ~~~~~~a~~~g !-< '" ~ g; o "" ; e 15 ~o~ ~ ~ ~ "'~~ .. '" "' <! "' ~ IS i:l '" 6><Z "'~a..,g <;l!;10 !13o<8~ ~8~ tJe;~o< ~~~ IS~~~~ o<@ ~~(j!33iil ~~~~ ~~~~~~ E~~~~~~~2~~ 0..... 8 ......~ooo O\O~ ~8:"""~ 8(::: "1. ~q&i~~ ~~~ \OR\ORi..:-- ~N ~ ~~......~~ ......~~ ~-~N ~~ ~. ~ ;1;8 00 0 .- OCI "l. l"'1. ..,..;'0\' ~ ~ ......~ ~ ~ 8 8 ~ ~ i!' 8 8 ..", t"-.. t'-.. _ _ N ~~~~ - - '" ~ 8 ..:..; ~~ ~ ~ 888 "l. ."l. - "'- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~g~ ~~~~~~~~~~~~~~~~~~~~~~i~~~i~~~ ~UU~~~U~~U~HU~UHUHHUHUU~UHHH~U ~~~~~~~~~~~~~~g~~~~~~~~~~~~~~~ u ~ ~ ~ ~ ~ q ~A<AU.AqU.~<XlU."'qU.q<AU.<B<q"'u."'Bu.AqU. < <~<u~tJ<~ U"'U "'..: u ~ ..:~<u~ ~~~~~~ii~~i~~~~~~~~~~~~~~~~~~~ ;:; 00;;;; 00 0 ~ 0 8 8 ~~ ~~ 0 S b ~ 2::88i 8 ss:::::::::::::: 8 >< j ~ ~ ~ i e ~ ~~~ $ 8 u ~ ~ ~ ~~o 5l ~~ ~ ~ ~ ~o g~~~ ~ ~~ ~~~ 100 ffi \1~ u tl~ NI~s 3 ~ ~~ i~~ ; ~ I~~~ i ~! a~~ ffi '"~ ~g: ~tl'" 11; tJ i<!"'"' '" .q ~6~1~11~~1S~ ~~~ ;~ ; ffil~~I~~~~ !~!i;lliili il~ I~!; 1~!;II~~i ;~~~~~~~~~~~~~~~II;~~i~~I~~~~1 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) ,