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RESOLUTION 93-20853 i 1 1 RESOLUTION NO. 93-20853 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARTHUR ANDERSEN, AND CO. , SC FOR THE PURPOSE OF PROVIDING ADVISORY SERVICES FOR THE SOLICITATION OF DEVELOPMENT PROPOSAL FOR A CONVENTION HEADQUARTERS HOTEL. WHEREAS, the City of Miami Beach ("City") issued Request for Proposal No. 81-92/93 for Convention Hotel Developer Solicitation; and WHEREAS, Arthur Andersen & Co. , SC (Consultant) submitted a proposal in response to City's Request for Proposal ; and WHEREAS, the City and Consultants have negotiated the attached Agreement, and same has been recommended by the City Manager an approved as to form by the City Attorney. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are authorized to execute the attached Consultant Agreement with Arthur Andersen & Co. , SC for the ' .rpose of providing advisory services for the solicitation 'f d=velopment for a convention headquarters hotel. PASSED and ADOPTED this 28t 'say of Jul . Ar , , 1993 . MAYOR ATTEST: CI Y CLERK RJA:jm FORM APPRO\/[D LEGAL D[F c:\wp51\data\andersen.res By J L� Date 1' 2-4". C 1 r CITY O MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. _ 3 TO: Mayor Seymour Gelber and DATE: July 14 , 1993 Members of the City Commission FROM: Roger M. •. t. City Man.• • / SUBJECT: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSULTANT AGREEMENT WITH ARTHUR ANDERSON AND COMPANY FOR CONVENTION HOTEL DEVELOPER SELECTION SERVICES ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Clerk be authorized to sign the attached contract with Arthur Anderson and Company. BACKGROUND: The City of Miami Beach solicited proposals for consultant services to assist in the selection of a developer for a convention hotel . At the June 30th Commission Meeting, the Commission selected Arthur Anderson as the consultant. The attached Scope of Services provides for the consultant to assist the City all the way through negotiations. Three levels of fees are proposed as an incentive program to the consultant. • A base fee of $50, 000. • An additional fee of $10, 000 for every bonafide proposal received by the City. • An additional fee of $50, 000 for the contract for the first hotel and $25, 000 for the second and third that are approved by the City Commission. • At this third level of fees, if the City Manager recommends a proposal for Commission approval and it is rejected by the Commission, the consultant is still entitled to a fee up to $50, 000 based on actual fees incurred. Travel and other incidentals would be subject to Manager's approval . ANALYSIS: This is a professional team that has dealt extensively with development negotiations in the past. The fee schedule is fair and designed to encourage the consultant to bring the best proposals to the City for its consideration. CONCLUSION: The City Commission should approve the attached contract. RMC:j ph Attachments AGENDA ITEM -1- DATE O1 ��,7, ,t,1,, vc 4* 5 4+ CONSULTANT AGREEMENT This Agreement ("Agreement") dated this 3Y day of July, 1993 is between the City of Miami Beach ("Client") , located at 1700 Convention Center Drive, Miami Beach, Florida 33139 and Arthur Andersen and Co. , SC ("Consultant") . WHEREAS, Consultant is in the business of providing certain services and is willing to provide such services to Client; and WHEREAS, Client desires to utilize Consultant' s services as provided for herein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. GENERAL TERMS AND CONDITIONS 1. 1 The general terms and conditions of this Agreement are set forth in Appendix A, attached hereto and incorporated herein by reference. 2 . SCOPE OF SERVICES 2 . 1 Consultant shall provide the services set forth in Appendix B, attached hereto and incorporated herein by reference ("Services") . Consultant shall furnish all deliverables as set forth in Appendix B in accordance with the terms set forth therein (hereinafter "Deliverables") , and as further delineated in Consultant' s Response to Request for Proposal No. 81- 92/93 attached hereto as Exhibit 1; said Response dated June 2 , 1993 , and Unless specifically provided for in this Agreement, any service which the Client requests to be performed by Consultant not specifically included within the Scope of Services set forth in Appendix B shall be deemed to be an Additional Service. Any Additional Service must be authorized in writing by the parties to this Agreement, in advance of its performance. Fees for Additional Services shall be negotiated by the parties in accordance with the Fee Proposal set forth in Appendix C. 3 . PERIOD OF PERFORMANCE 3 . 1 The period of performance for this Agreement shall be from the last signature date of contract execution through completion of the deliverables or December 31, 1994 whichever is longer. 4 . FEES AND PAYMENT 4 . 1 In consideration of the Scope of Services set forth in Appendix B, the Client shall pay Consultant in accordance with the Fee Proposal, as set forth in Appendix C. 4 . 2 Payment for the Scope of Services as set forth in Appendix B shall be made to the Consultant upon delivery of each work product by Consultant as set forth in Appendix B, and subject to Client' s review and acceptance that same is in conformance with what is required for the particular work product deliverable, as set forth in Appendix B. 5. NOTICE 5. 1 Any notice giv,, by either party shall be in writing and shall be deemed given, three (3) days after deposited in 1 • the United States mail, postage prepaid, certified return receipt requested, or upon actual delivery to the other party at the following Addresses: TO CLIENT: Office of the City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 TO CONSULTANT: Mr. Michael A. Stein Arthur Andersen & Co. , SC Suite 2100 One Biscayne Tower Miami, Fl 33131-1801 6. ENTIRE AGREEMENT 6. 1 Both parties acknowledge that they have read this Agreement, understand it and agree to be bound by its terms and further agree that it is the entire agreement between parties hereto which supersedes all prior agreements, written or oral, relating to the subject matter hereof. No modification or waiver of any provision shall be binding unless in writing and signed by the party against whom such modification or waiver is sought to be enforced. IN WITNESS WHEREOF, Client and Co,1sultant have c-used this Agreement to be executed by their du authorized rep /-sentatives as of the date first written above. Y OF MIAM BY iiii1( / MAYOR ATTEST: / -'------: 7 C, (,,...C.AA, Cbvcrv‘,- ITY CLERK . Irr �BY:0 4'cji L--_, CONSULTA FCAPPROVEDdi__, � r r 4 LEGAL DE .� 4fee,g WITN SS 44By ITNESS Date -1-V. CI 2 e APPENDIX A GENERAL TERMS AND CONDITIONS 1. CONSULTANT'S RESPONSIBILITIES. Consultant/Contractor ("Consultant") shall perform the Services utilizing the standard of care normally exercised by professional consulting firms in performing comparable services under similar conditions. 2 . CLIENT'S RESPONSIBILITIES. The Client shall provide to Consultant such data as may be reasonably available to Client and as may required by Consultant to properly perform the Services. Client shall provide site access at such times as may reasonably be required by Consultant and shall make timely payments in accordance with the terms of this Agreement. 3 . PROPRIETARY INFORMATION. Proprietary confidential information ("Proprietary Information") developed or disclosed by either party under this Agreement shall be clearly labeled and identified as Proprietary Information by the disclosing party at the time of disclosure. When concurrent written identification of Proprietary Information is not feasible at the time of such disclosure, the disclosing party shall provide such identification in writing promptly thereafter. Oral communications pertaining to the Services shall be presumed to be Proprietary Information unless otherwise indicated by the disclosing party. Each party shall handle Proprietary Information received from the other party in the same manner as the receiving party handles its own Proprietary Information. Disclosure of Proprietary Information shall be restricted to those individuals who need access to such Proprietary Information as needed to ensure proper performance of the Services. Neither party shall be liable for disclosure or use of Proprietary Information which: (1) was known by the receiving party at the time of the disclosure due to circumstances or events unrelated to this Agreement; (2) is generally available to the public without breach of this Agreement; (3) is disclosed with the prior written approval of the disclosing party; or (4) is required to be released by law or court order. Upon payment in full for each step of the Services, as set forth in Appendix C, and unless otherwise stated herein, deliverables, analyses and reports developed under this Agreement ("Work Product") shall be the property of the Client. The Consultant shall not disclose the Work Product relating to the Services to a third party without the prior written authorization of the Client. Client shall be solely responsible for any disclosure of the Work Product which may be required by law and agrees to indemnify and hold Consultant harmless for any loss resulting from Client' s failure to make such disclosure. Where applicable law requires immediate disclosure by the Consultant, Consultant shall make its best efforts to give prior notice to Client. At Client' s request and expense, Consultant will assist the Client in making such disclosures as may be required by law. Ownership in the Work Product shall pass upon payment of the related invoice. Each party shall return all Proprietary Information relating to this Agreement to the disclosing party upon request of the disclosing party or upon termination of this Agreement, whichever occurs first. Each party shall have the right to 3 retain a copy of the Proprietary Information for its internal records and subject to the restrictions set forth in this Section. This Section shall survive termination of this Agreement. 4 . ACCEPTANCE. Client shall have fifteen (15) days to reject all or part of each deliverable as set forth in Appendix B. Each work product deliverable to the extent not rejected in writing by Client, shall be deemed accepted. 5. LIMITATIONS OF LIABILITY. Client desire to enter into this Agreement only if in so doing it can place a limit on liability for any cause of action for money damages due to an alleged breach by either Party of this Agreement, so that liability for any such breach never exceeds the sum of $100, 000. The client hereby express their willingness to enter into this Agreement with $100, 000 a limitation on recovery for any damage action for breach of contract. Accordingly, Client hereby agreed that it shall not be ,ii iable to Consultant for damages in an amount in excess of 0, 000 for any action or claim for breach of contract arisin out of the performance or non-performance of any obligations imposed upon either by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Client' s liability as set forth in Florida statutes, Section 768 . 28 . 6. HEALTH & SAFETY. Client shall notify Consultant of any known or suspected hazards existing at any site where the Services are to be provided, including but not limited to hazardous waste or substances and underground utilities. 7 . CONFLICT OF INTEREST. The Client acknowledges that the Consultant provides similar services for a broad range of other clients and agrees that Consultant shall be free to work for other clients in matters that do not involve the use of any Proprietary Information that has been disclosed by the Client under the terms of this Agreement or do not directly relate to the specific Services provided by the Consultant to the Client under this Agreement. 8 . TERMINATION. Either party may, for their convenience, terminate the services then remaining to be performed at any time by giving written notice to the other party of such termination, which shall become effective seven (7) days following receipt of such written termination notice. In that event, all finished or unfinished documents and other materials as described in Appendix B shall be delivered to Client. Client shall pay for services rendered through the date of termination. Such payments shall be the total extent of Client' s liability to the Consultant upon termination as provided for in this paragraph. 9 . FORCE MAJEURE. Neither party shall be responsible for any delay or failure in performance, except obligations to make payments hereunder for work previously performed, to the extent that such delay or failure was caused by a force majeure event including Act of God, war, civil disturbance, governmental action, labor dispute unrelated to the party claiming the force majeure event, computer virus or denial of access to the system or any other event beyond the reasonable control of the claiming party. Performance under this Agreement shall resume promptly once the cause of delay or failure ceases and an equitable adjustment shall be made to the price and/or schedule of the Services. 4 4 w f 10. INSURANCE. During the term of this Agreement, Consultant shall maintain the following insurance coverages and limits of liability. Consultant' s liability shall be limited to amounts paid to or on behalf of Consultant under policies listed below, or to the value of this Agreement, whichever is greater. a. Workers Compensation Insurance with statutory limits and Employers Liability Insurance including occupational disease, with a limit of not less than $1, 000, 000. b. Commercial General Liability insurance in an amount of at least $1, 000, 000 per occurrence and $2 , 000, 000 in the aggregate. This coverage shall include premises and operations, explosion, collapses, and underground hazards (XCU) , products and operations, contractual, independent contractors, broad form property damage and bodily injury. c. Comprehensive Automobile Liability Insurance in for owned, hired, or non-owned vehicles in an amount not less than $1, 000, 000. All policies of insurance required by this section shall indicate as a named or additional insured the City of Miami Beach. On or before the commencement of this Agreement, Consultant shall furnish Certificates of Insurance to Client which shall clearly indicate that Consultant has obtained insurance in the type, amount, and classifications required by this Agreement. 11. DISPUTES. Any dispute relating to this Agreement shall be submitted to a panel consisting of at least one representative of each party who shall have the authority to enter into an agreement to resolve the dispute. The panel shall meet for a maximum of three days. Should this dispute resolution be unsuccessful, the matter may be submitted by either party to arbitration and no written or oral representation made during the course of any panel proceeding or other settlement negotiations shall be deemed a party admission. The arbitration shall be conducted in accordance with the Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrators shall be final and judgement may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof. 12 . INDEPENDENT CONTRACTOR. The Consultant is an independent contractor and shall not be deemed to be an employee or agent of the Client. Consultant shall indemnify and hold Client harmless against all liability and losses resulting from Consultant' s failure to pay all taxes and fees. 13 . INDEMNIFICATION/HOLD HARMLESS. The Consultant further agrees to indemnify and hold harmless the Client and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, expenses, including but not limited to attorney' s fees, for personal , economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the Consultant or its subcontractors, employees, or agents in connection with the Consultant' s performance of services pursuant to this Agreement. The Consultant' s obligation under this section shall not include the obligation to indemnify the Client, its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the Client, its 5 Y •t • 1 r officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. c:\wp51\data\consult.agr 6 r r . APPENDIX A GENERAL TERMS AND CONDITIONS 1. CONSULTANT'S RESPONSIBILITIES. Consultant/Contractor ("Consultant") shall perform the Services utilizing the standard of care normally exercised by professional consulting firms in performing comparable services under similar conditions. 2 . CLIENT'S RESPONSIBILITIES. The Client shall provide to Consultant such data as may be reasonably available to Client and as may required by Consultant to properly perform the Services. Client shall provide site access at such times as may reasonably be required by Consultant and shall make timely payments in accordance with the terms of this Agreement. 3 . PROPRIETARY INFORMATION. Proprietary confidential information ("Proprietary Information") developed or disclosed by either party under this Agreement shall be clearly labeled and identified as Proprietary Information by the disclosing party at the time of disclosure. When concurrent written identification of Proprietary Information is not feasible at the time of such disclosure, the disclosing party shall provide such identification in writing promptly thereafter. Oral communications pertaining to the Services shall be presumed to be Proprietary Information unless otherwise indicated by the disclosing party. Each party shall handle Proprietary Information received from the other party in the same manner as the receiving party handles its own Proprietary Information. Disclosure of Proprietary Information shall be restricted to those individuals who need access to such Proprietary Information as needed to ensure proper performance of the Services. Neither party shall be liable for disclosure or use of Proprietary Information which: (1) was known by the receiving party at the time of the disclosure due to circumstances or events unrelated to this Agreement; (2) is generally available to the public without breach of this Agreement; (3) is disclosed with the prior written approval of the disclosing party; or (4) is required to be released by law or court order. Upon payment in full for each step of the Services, as set forth in Appendix C, and unless otherwise stated herein, deliverables, analyses and reports developed under this Agreement ("Work Product") shall be the property of the Client. The Consultant shall not disclose the Work Product relating to the Services to a third party without the prior written authorization of the Client. Client shall be solely responsible for any disclosure of the Work Product which may be required by law and agrees to indemnify and hold Consultant harmless for any loss resulting from Client's failure to make such disclosure. Where applicable law requires immediate disclosure by the Consultant, Consultant shall make its best efforts to give prior notice to Client. At Client' s request and expense, Consultant will assist the Client in making such disclosures as may be required by law. Ownership in the Work Product shall pass upon payment of the related invoice. Each party shall return all Proprietary Information relating to this Agreement to the disclosing party upon request of the disclosing party or upon termination of this Agreement, whichever occurs first. Each party shall have the right to 3 • retain a copy of the Proprietary Information for its internal records and subject to the restrictions set forth in this Section. This Section shall survive termination of this Agreement. 4 . ACCEPTANCE. Client shall have fifteen (15) days to reject all or part of each deliverable as set forth in Appendix B. Each work product deliverable to the extent not rejected in writing by Client, shall be deemed accepted. 5. LIMITATIONS OF LIABILITY. Client desire to enter into this Agreement only if in so doing it can place a limit on liability for any cause of action for money damages due to an alleged breach by either Party of this Agreement, so that liability for any such breach never exceeds the sum of $100, 000. The client hereby express their willingness to enter into this Agreement with $100, 000 a limitation on recovery for any damage action for breach of contract. Accordingly, Client hereby agreed that it shall not be liable to Consultant for damages in an amount in excess of #30, 000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon either by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Client's liability as set forth in Florida statutes, Section 768 . 28. 6. HEALTH & SAFETY. Client shall notify Consultant of any known or suspected hazards existing at any site where the Services are to be provided, including but not limited to hazardous waste or substances and underground utilities. 7 . CONFLICT OF INTEREST. The Client acknowledges that the Consultant provides similar services for a broad range of other clients and agrees that Consultant shall be free to work for other clients in matters that do not involve the use of any Proprietary Information that has been disclosed by the Client under the terms of this Agreement or do not directly relate to the specific Services provided by the Consultant to the Client under this Agreement. 8 . TERMINATION. Either party may, for their convenience, terminate the services then remaining to be performed at any time by giving written notice to the other party of such termination, which shall become effective seven (7) days following receipt of such written termination notice. In that event, all finished or unfinished documents and other materials as described in Appendix B shall be delivered to Client. Client shall pay for services rendered through the date of termination. Such payments shall be the total extent of Client's liability to the Consultant upon termination as provided for in this paragraph. 9. FORCE MAJEURE. Neither party shall be responsible for any delay or failure in performance, except obligations to make payments hereunder for work previously performed, to the extent that such delay or failure was caused by a force majeure event including Act of God, war, civil disturbance, governmental action, labor dispute unrelated to the party claiming the force majeure event, computer virus or denial of access to the system or any other event beyond the reasonable control of the claiming party. Performance under this Agreement shall resume promptly once the cause of delay or failure ceases and an equitable adjustment shall be made to the price and/or schedule of the Services. 4 10. INSURANCE. During the term of this Agreement, Consultant shall maintain the following insurance coverages and limits of liability. Consultant's liability shall be limited to amounts paid to or on behalf of Consultant under policies listed below, or to the value of this Agreement, whichever is greater. a. Workers Compensation Insurance with statutory limits and Employers Liability Insurance including occupational disease, with a limit of not less than $1, 000, 000. b. Commercial General Liability insurance in an amount of at least $1, 000, 000 per occurrence and $2, 000, 000 in the aggregate. This coverage shall include premises and operations, explosion, collapses, and underground hazards (XCU) , products and operations, contractual, independent contractors, broad form property damage and bodily injury. c. Comprehensive Automobile Liability Insurance in for owned, hired, or non-owned vehicles in an amount not less than $1, 000, 000. All policies of insurance required by this section shall indicate as a named or additional insured the City of Miami Beach. On or before the commencement of this Agreement, Consultant shall furnish Certificates of Insurance to Client which shall clearly indicate that Consultant has obtained insurance in the type, amount, and classifications required by this Agreement. 11. DISPUTES. Any dispute relating to this Agreement shall be submitted to a panel consisting of at least one representative of each party who shall have the authority to enter into an agreement to resolve the dispute. The panel shall meet for a maximum of three days. Should this dispute resolution be unsuccessful, the matter may be submitted by either party to arbitration and no written or oral representation made during the course of any panel proceeding or other settlement negotiations shall be deemed a party admission. The arbitration shall be conducted in accordance with the Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrators shall be final and judgement may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof. 12 . INDEPENDENT CONTRACTOR. The Consultant is an independent contractor and shall not be deemed to be an employee or agent of the Client. Consultant shall indemnify and hold Client harmless against all liability and losses resulting from Consultant's failure to pay all taxes and fees. 13 . INDEMNIFICATION/HOLD HARMLESS. The Consultant further agrees to indemnify and hold harmless the Client and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, expenses, including but not limited to attorney's fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the Consultant or its subcontractors, employees, or agents in connection with the Consultant's performance of services pursuant to this Agreement. The Consultant's obligation under this section shall not include the obligation to indemnify the Client, its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the Client, its 5 f officers, employees and agents. The parties each agree to give the other party prompt notice of anyclaim coming to its knowledge that in any way directly or indirectly affects the other party. c:\ap51\data\consult.agr 6 APPENDIX B To the Selection Committee: FEE PROPOSAL Our fee proposal is based on an estimated level of effort and the time me commitment of mostly senior professional staff as described in the scope of work. STEPS FEE Step I - $50,000 • Review and Evaluate Existing Materials • Prepare Draft Marketing/RFP Prospectus • Prepare a List of Potential Bidders • Establish Guidelines for Proposal Response • Finalize the Marketing Prospectus/RFP • Attend and participate in community/interested party meetings • Conduct three developer conferences (3 days to be jointly set by the consultants and City Management) • Develop and finalize selection criteria Step II - S 10,000 Per proposal meeting criteria • Receive and review all proposals for satisfaction of criteria • Coordinate and participate in proposal interviews • Provide the City with a summary of all proposals together with our recommendations and conclusions Step III - • Assist the City in the negotiations with the finalists: •• Contract for the first hotel $50,000 •• Contract for the second and any additional hotels $25,000 each Note: Payment for Step III will be received when the City Commission approves the hotel contract(s). Should the City Manager recommend a contract and same is declined by the City Commission, the consultant should be entitled to the corresponding fee based upon professional time expended, not to exceed the stated amounts. • y In addition to our fees we will bill for direct expenses for transportation, long distance telephone charges,faxes,reproduction,per diems,etc.to be billed at cost and subject to prior approval by the City Manager. We understand that the printing production and distribution of all Developer RFP's will be performed by the City. Should the decision be made for Arthur Andersen&Co.to perform this task,we will bill at actual cost. Our hourly rates for Phase III are: Partner/Principal- $280-$320 per hr. Manager - $150 per h r. APPENDIX C SCOPE OF SERVICES Td accomplish the objectives of soliciting of developers and securing viable commitments to P � develop operate o erate one or more high quality, convention headquarters hotels, we propose a series of sequential tasks as follows: Task 1• Review And Evaluate Existing Materials. At the outset of the engagement, we would review all materials, tans or reportsprepared to date by or for the City concerning the pp • Redevelopment and 'C� Center/Historic Convention Village "City • Revitalization Area". Of particular importance are: • Market studies and related materials which indicate the nature ,. and type of the potential opportunity relative to hotel room demand and achievable average daily room rates; • Financial feasibility analyses and their underlying assumptions and parameters with regard to the financial viability of one or more convention headquarters hotels; • Development plans for the area, including public commitments for control of the development sites and. investment in supporting area infrastructure; and • Proposed incentive package to be provided to developers. We will review these materials with a view to their suitability and adequacy for summary and presentation to prospective developer/bidders. During this process, we would identify any potential deficiencies and review these with the City. If these deficiencies are of a nature which would raise substantial unresolved questions or risks to a potential developer/bidder, we would clearly identify these areas and request the City address these either in the context of further studies or other means. TASK II. Prrpare A Marketing/RFP Prospectus. Closely coordinating this task with the City, we will prepare a draft P "prospectus"ros " to solicit developer/bidder interest in the convention P P headquarters hotel sites. At the commencement of this task, we would discuss and review with the City the "prospectus" in terms: • Content; • Scope and type of information; . • Specificity of terms; and • Format of presentation. Once these issues have been addressed, and agreed upon with the City, we would then prepare a draft prospectus. The City would retain control over the final approval of the content, language and presentation of the package. Concurrent with preparation of the solicitation package, we would work with the City to identify and prepare supporting, detailed information which would be provided to prospective developers/bidders. TASK III- Prepare A List Of Prospective Bidders. This task would be divided into several steps. First, we would prepare a comprehensive listing of potentially qualified developers, investors, hotel operators and/or management companies, and the like, who by virtue of their background, financial resources and potential interest in the Miami Beach Convention market would be highly qualified targets; this listing would be based on our world- wide network of clients, interest and capabilities as well as our industry-wide contacts. Second, we would review with the City developers, hotel operators, franchise organizations and others who have previously expressed interest in the development, operation and ownership of a convention headquarters hotel on Miami Beach. We would then combine these lists and carefully review it with the City for overlap, duplication and the like. Lastly, we would undertake a final review using our world-wide network to verify potential candidates and to assure that the list is all encompassing. Based on the preceding steps, we would then prepare a final list. The final list would specifically identify: • Name of organization; and • Principal contact and address. When approved by the City, this list would form the basis for distribution of the marketing/RFP prospectus. During this task,we would also review with the City procedures and policies for solicitation and procurement of development interests, including advertisement requirements and similar matters required under either City codes or State statutes. TASK IV- Establish Guidelines For Responses To The Request For q Proposal. In this task we would prepare a set of detailg uidelines, consistent with City policies and industries practices for developmentment of proposal responses. These guidelines would address such matters as: • The complete proposing entity, including legal form; • Demonstration of financial capacity to perform, including any initial deposits; • Propose business arrangements (e.g., deal terms); • Individual authorized to commit and bind the proposingentity; • Development concept and level of specificity; • Propose timetable for proceeding if selected, and any performance conditions; • Relevant experience and references; and • Financial statements. T4SK V- Finalize And Issue The Marketing Package/RFP. Upon approval the "draft" marketing/RFP prospectus bythe City, includingcorporationp in of guidelines for developer responses, we will finalize the marketing/RFP prospectus. We would then supervise printing, production and distribution of the marketing/RFP prospectus to the approved list ofualified developers, investors, hotel/management q P /m nagement companies and franchise operators, as agreed upon with the City. The distribution of the prospectus would be consistent with applicable City and State law or policies governing solicitations of this nature. TASK VT- Prepare And Finalize Selection Criteria. Concurrent with the finalization of the RFP, we wouldrear p p can initial set of selection criteria for review by the City. These ty selection criteria would be organized into several components as follows: • Technical merits of developmentro osal; P P , 1 • a • Strength and development capability of proposing entity; • Financial capacity to perform; and • Financial terms of the development deal. After the issuance of the RFP, we would continue to refine the specificity of criteria with the City as well as responsibilities for evaluating proposals relative to the established criteria. • TASK VII- Coordinate And Participate In The Proposal Interviews. Upon receipt of development proposals, we would work with the City to conduct a technical review and verify all key aspects of the development proposals in the context of the agreed upon evaluation criteria established in Task VI. Included in the review would be: • A financial analysis of the development proposal; • Verification of financing capacity to perform; and • Verification of credentials/capabilities. Upon review of the development proposals, we recommend an initial "confidential" ranking be prepared. This ranking would serve as a basis to formulate key questions and issues to be addressed during the interviews. Next, we would coordinate and work with the City to schedule interviews. We would establish a format, schedule, and outline an agenda of items to be addressed with each developer, generally, as well as with specific issues relative to each development proposal. We would then assist and participate with the City in the interviews. Based on the interviews, we would then coordinate a final review and ranking of the development proposals. The requested scope of work under RFP 81-92/93 did not identify services to be performed beyond "coordinate and participate in the developer interview process." In our experience, there arc several important subsequent steps. These include (1) formal selection of the developer, (2) negotiation of a development deal and (3) documentation of business terms. We are fully prepared to provide these services to the City of Miami Beach should these be required upon completion of the stated scope of services in RFP 81-92/93. RF_AL ESTATE ADVISORY SERVICES . SCOPE OF SERVICES PROPOSAL CONVENTION HOTEL DEVELOPER SOLICITATION Request for Proposal No. 81-92/93 Submitted to: City of Miami Beach Florida June 2, 1993 Prepared By ARTHUR ANDERSEN Arthur Andersen & Co, SC ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP ?J REAL ESTATE AI)VISORYSERVICES • TRANSMITTAL LETTER ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP f Fi IUR ANDERSEN AR I HUR ANDERSEN&Co SC Arthur Andersen&Co. June 2, 1993 Suite 2100 Ms. Judith M. Ford One Biscayne Tower I�liacni FL 33131-1801 Purchasing Agent 305 789 2578 Office of the Purchasing Agent 305 789 2573 Fax City of Miami Beach 1700 Convention Drive Miami Beach, FL 33139 Re: Request for Proposals No. 81-92/93 Convention Hotel Developer Solicitation Dear Ms. Ford: Arthur Andersen's Real Estate Services Group is pleased to submit this proposal to provide advisory services for the solicitation of development proposal for a convention headquarters hotel. Thisro osal is submitted with (1) original and (10) copies pursuant to the P P guidelines of Request for Proposal No. 81-92/93. It is our understanding that the City of Miami Beach has expended considerable time and resources to formulate plans for the development of one or more convention "headquarters" hotels on sites proximate to the Miami Beach Convention Center. This effort is embodied in the "City-Center" Master Plan for the Miami Beach Convention Center Area, including the Historic Convention Village Redevelopment Plan. These plans, as we understand it, seek to attract one or more convention headquarters hotel properties to be developed with physical linkages sical linka to the convention center and to stimulate the renovation of many of the smaller historic hotels located in the area. As we understand it, aspart of the planning efforts to date, the City has actively considered and establishedp arameters for public and private sector initiatives to stimulate new hotel development and the renovation of existing smaller hotels located in the area. Of particular importance, the City has formulated an incentive package to attract private development interests to develop a new convention headquarters hotel. -A \HI i . 1'.A`:I1.1:-1`..,( (, ,( Ms. Judith M. Ford - 2 - June 2, 1993 At this 'uncture, it is our understanding that the City of Miami Beach wishes to prepare a Y 9- hi hualit "package target a to tar et creditable and viable development interest and to solicit g proposalsdevelopment for the develo ment of one or more convention headquarters hotels". Arthur Andersen's Real Estate and Hospitality Services practices has directly relevant experience and the extensive capabilities to provide the City of Miami Beach all the requisite services. Specifically, our Firm offers the City of Miami Beach the following: 1. Indepth Market Knowledge and Experience. Arthur Andersen has indepth experience in the market, development, financing and operations of hotels in the greater Miami area; we have conducted several engagements involving hotel market potentials for new hotel properties on Miami Beach in recent months. Nationally and internationally, Arthur Andersen is the leader in hospitality and real estate advisory services. We provide audit and operational consulting services to many of the largest hotel owners and operating companies in the world. We have strong experience in evaluating and assisting in the structuring of development ventures for new hotels and other commercial properties. Our clients are both public and private entities. Our experience is balanced between advising and representing both sides of a transaction. 2. Close Coordination And Timely Execution. A hallmark of our Firm is a full service commitment to each client. Our approach to this type of engagement is both process oriented and work product specific. The engagement would be managed from our Miami office. We propose a project management plan which provides for regular progress reviews and coordination with the City throughout the engagement. \it I I I; N I \,,,viii `I Ms. Judith M. Ford - 3 - June 2, 1993 3. Seasoned Professional Staff We are prepared to commit senior, highly experienced professional staff to the conduct of this engagement. In this regard, the project would be co-managed by two senior Principals to provide ongoing and complete coverage throughout the duration of the engagement. In addition, senior advisory member of our real estate and hospitality service practices will be available throughout the engagement. The balance of our complete proposal accompanies this letter and is divided into the following separate sections: • Scope of Services; • Project Management/Coordination; • Capability and Experience; and • Fee Proposal. In addition, we have included in our proposal the completed form pursuant to Section 287.133 (3)(a), Florida Statues on Public Entity Crimes. This completed form follows this letter. We are enthusiastic regarding this opportunity to serve the City of Miami Beach in successfully attracting a viable development proposal. We look forward to further present our approach, our qualifications and our experience. Should the City of Miami Beach have any further questions, please contact either Michael A. Stein or J. Kevin Lawler at (305) 374-3700. Very truly yours, / • AA:arm Enclosures - a • f Scope of Services A consultant team is being solicited that will be able to assist the City in identifying and selecting a developer which has the proven experience, financial resources and professional expertise to deliver the highest quality, economically feasible project. As such, the scope of will include the following components: * Review all material, plans and reports prepared concerning the City Center/Historic Convention Village Redevelopment and Revitalization Area. * Review the Request for Proposals and obtain printing services. * Develop a package to market and promote the City Center concept, the Request for Proposals and the City's desire to attract new convention hotel (s) , to the hotel development community worldwide * Develop a list of qualified developers and franchise organizations who have the background, resources and desire to develop convention hotel (s) in Miami Beach. The Consultant will draw from both internal and external sources to accomplish this assignment. * Determine guidelines for developer responses to the Request for Proposals. * Develop the selection criteria and ranking matrix to serve as the basis in the developer selection process. * Coordinate and participate in the developer interview process. City of Miami Beach staff will manage the project and provide direction to the consultants. Input and review in this process will be sought from the community and members of the Art Deco Hotel Association, the Miami Beach Hotel Association, the Greater Miami Convention and Visitors Bureau, the Citizens Advisory and Technical Committee, the Ocean Drive Association, the Miami Design Preservation League, the Miami Beach Chamber of Commerce, the Miami Beach Development Corporation and the Lincoln Road Task Force. Time Frame It is anticipated that a consultant will be selected by June 16, 1993 . Once the consultant is selected, it is anticipated that the assignment will be completed within one year. RFP NO: 81-92/93 DATE: 5/14/93 CITY OF MIAMI BEACH 3 • REAL ESTATE ADVISORY SERVICES SCOPE OF SERVICES ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP . 1 • • SCOPE OF SERVICES b'ectives of soliciting of developers and securing viable commitments to To accomplish the o jg p develop and operate one or more high quality, convention headquarters hotels, we propose a series of sequential tasks as follows: Task I- Review And Evaluate Existing Materials. A t the outset of the engagement, we would review all materials, plans or reports prepared to date by or for the City concerning the p City Center/Historic Convention Village Redevelopment and Revitalization Area". Of particular importance are: • Market studies and related materials which indicate the nature and type of the potential opportunity relative to hotel room demand and achievable average daily room rates; • Financial feasibility analyses and their underlying assumptions andP arameters with regard to the financial viability of one or more convention headquarters hotels; • Development plans for the area, including public commitments p for control of the development sites and investment in supporting area infrastructure; and • Proposed incentive package to be provided to developers. We will review these materials with a view to their suitability and adequacy uac for summary and presentation to prospective developer/bidders. During this process, we would identify any potential deficiencies and review these with the City. If these 'deficiencies are of a nature which would raise substantial unresolved9 uestions or risks to a potential developer/bidder, we would clearly identifythese areas and request the City address these either in the context of further studies or other means. TASK II- Prepare A Ma rketi ngi RFP Prospectus. Closely coordinating this task with the City, we will prepare a draft ros "P P ectus" to solicit developer/bidder interest in the convention headquarters hotel sites. At the commencement of this task, we would discuss and review with the City the "prospectus" in terms: • Content; • Scope and type of information; '.2 1 v . c Specificity of terms; and c, Format of presentation. Once these issues have been addressed, and agreed upon with the P P City, we prepare then are a draft prospectus. The City would retain control over the final approval of the content, language and presentation of the package. Concurrent with preparation of the solicitation package, we would p work with the Cityto identify and prepare supporting, detailed information which would be provided to prospective developers/bidders. TASK III- Prepare A List Of Prospective Bidders. This task would be divided into several steps. First, we would a comprehensive listing of potentially qualified developers, prepare p investors, hotel operators and/or management companies, and the iike, who byvirtue of their background, financial resources and potential interest in the Miami Beach Convention market would be Yg highly qualified targets; this listing would be based on our world- wide network of clients, interest and capabilities as well as our industry-wide contacts. Second, we would review with the City operators, developers, hotel o franchise organizations and others who have previouslyexpressed interest in the development, operation and ownershipof a convention headquarters hotel on Miami Beach. We would then combine these lists and carefully review it with the City for overlap, duplication and the like. Lastly, we would undertake a final review using our world-wide network to verify potential candidates and to assure that the list is all encompassing. Based on therecedin steps, we would then prepare a final list. P g The final list would specifically identify: • Name of organization; and • Principal contact and address. When approved by City,the Ci , this list would form the basis for distribution of the marketing/RFP prospectus. During this task, we would also review with the City procedures and policies for solicitation and procurement of development interests, including advertisement requirements and similar matters required under either City codes or State statutes. ":3 r • • • TASK IV Establish Guidelines For Responses To The Request For Proposal. In this task we would prepare a set of detail guidelines, consistent with City policies and industries practices for development of proposal responses. These guidelines would address such matters P as: • The complete proposing entity, including legal form; • Demonstration of financial capacity to perform, including any initial deposits; Propose business arrangements (e.g., deal terms); Individual authorized to commit and bind the proposing entity; o Development concept and level of specificity; • Propose timetable for proceeding if selected, and any performance conditions; • Relevant experience and references; and • Financial statements. TASK V- Finalize And Issue The Marketing Package/RFP. Upon approval the "draft" marketing/RFP prospectus by the City, P including in corporation of guidelines for developer responses, we will finalize the marketing/RFP prospectus. We would then supervise printing, production and distribution of the �inarketin FP prospectus to the approved list of qualified � developers, investors, hotel/management companies and franchise g operators, as agreed upon with the City. The distribution of the prospectus would be consistent with applicable City and State law or policies governing solicitations of this nature. TASK VI- Prepare And Finalize Selection Criteria. Concurrent with the finalization of the RFP, we would prepare an initial set of selection criteria for review by the City. These selection criteria would be organized into several components as follows: • Technical merits of development proposal; ^' • Strength and development capability of proposing entity; • Financial capacity to perform; and Financial terms of the development deal. After the issuance of the RFP, we would continue to refine the specificity of criteria with the City as well as responsibilities for evaluating proposals relative to the established criteria. TASK VII- Coordinate And Participate In The Proposal Interviews. Upon receipt of development proposals, we would work with the p p Cityto conduct a technical review-and verify all key aspects of the development proposals in the context of the agreed upon evaluation criteria established in Task VI. Included in the review would be: • A financial analysis of the development proposal; • Verification of financing capacity to perform; and Verification of credentials/capabilities. • Upon review of the development proposals, we recommend an Initial "confidential" ranking be prepared. This ranking would serve as a basis to formulate key questions and issues to be addressed during the interviews. Next, we would coordinate and work with the City to schedule interviews. We would establish a format, schedule, and outline an agenda of items to be addressed with each developer, generally, as well as with specific issues relative to each development proposal. We would then assist and participate with the City in the interviews. Based on the interviews, we would then coordinate a final review and ranking of the development proposals. The Y P requested uested sco a of work under RFP 81-92/93 did not identify services to be performed beyond coordinate and participate in the developer interview process." In our experience, there are several important subsequent steps. These include (1) formal selection of the developer, (2) negotiaton of a development deal and (3) documentation of business terms. P � We are fully prepared provide these services to the City of Miami Beach should these be upon required �comple :on of the stated scope of services in RFP 81-92/93. r REAL ESTATE ADVISORY SERV:CES. . PROJECT MANAGEMENT/COORDINATION ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP •T6 • PROJECT MANAGEMENT/COORDINATION This section describes our approachto project management, coordination with the City and scheduling of the work. Engagement Team professional propose to commit senior resources to the conduct of the engagement. In this regard, the engagement would be co-managed by two senior Principals, Michael A. Stein and J. Kevin Lawler. In addition, David Heath, Manager, would direct day-to-day staff activities of the engagement. The responsibilities and capabilities of the "core" engagement management team are as follows: • Michael A. Stein: Michael has over 22 years of experience in Principal al hospitality and real estate consulting. Michael is the Miami office and Hospitality and Real Estate Advisory Practice Director. Michael would be responsible for client coordination throughout the duration of the engagement. • J. Kevin Lawler: Kevin has 20 years of experience in advising Principal private al and public clients on development and venture structures. Kevin divides his time between the Washington, D.C. and Miami office. Kevin would be responsible for technical direction of the engagement. ♦ David Heath: David has 16 years of experience in the Manager hospitality field. David is the senior Manager in the Miami office Hospitality and Real Estate Advisory Practice. David would have day-to-day responsibility for staff direction in this assignment. In addition to the core engagement team, we would draw on senior resources of the Firm. These include: • Ivan Faggen, Worldwide Director, Real Estate Services Group; • Robert Davis, Real Estate Capital Markets; and • Edward Hess, Real Estate Capital Markets. Messrs. Faggen, Davis and Hess would be an integral part of the engagement team. They would provide direction and assistance with regard to the preparation of the list of qualified developers bidders and review the marketing/RFP package. Furthermore, they prospective .� � v of develo mens would be called upon as needed with regard to review and evaluation p proposals. Resumes for the core engagement team of Messrs. Stein, Lawler and Heath are accompanied in this section. Schedule We areP repared to commit resources and to move forward on a timely schedule which permits the City and other interested parties adequate time and review and approve key materials. Based on our prior experience on similar engagements, we suggest the following schedule: TASKS TIMING TASK I- Review and Evaluate Existing Materials 2-3 Weeks TASK II- Prepare Daft Marketing/RFP Prospectus TASK III- Prepare a List of Potential Bidders 4-5 Weeks TASK IV- Establish Guidelines for Proposal Response TASK V- Finalize and Issue the Marketing Prospectus/RFP TASK VI- Prepare and Finalize Selection Criteria 2 Weeks TASK VII- Coordinate and Participate in Proposal Interviews To Be Determined r� Coordination With The City The outset of the engagement, we would propose to meet with City staff responsible for the of :he project to establish a specific timetable and a coordination overall management process. pp engagements Our approach to of this nature is interactive. In this regard, we would plan to meet with applicable City staff at the commencement and completion of each task. We prothat sufficient time be "built in" to the overall timetable to permit adequate the Cityand requisite and participation of community members of the Art Deco reviewby q Hotel Association, the Miami Beach Hotel Association, the Greater Miami Convention Visitors Bureau, the Citizens Advisory and Technical Committee, the Ocean Drive Association, the Miami Design Preservation League, the Miami Beach Chamber of g Commerce, the Miami Beach Development Corporation and the Lincoln Road Task Force. We lookCity to provide to the direction on the responsibility for soliciting input and review of the interestedorganizations. approach Our a roach to the engagement provides for a Principal to be involved in up to 10 "input and review meetings" with interested organization and community groups. REAL ESTATE ADVISORY•SERVICES CAPABILITIES AND EXPERIENCE ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 0 CAPABILITIES AND EXPERIENCE Real estate and hotels are two of Arthur Andersen's primary industry concentrations. The Arthur Andersen's Real Estate Services Group ("RESG") is the largest advisory organization of its kind. The RESG consists of over 1,200 professional personnel, serving 6000 real estate clients. Members of RESG have substantial experience in analyzing development ventures, identifying viable development venture partners and assisting clients in negotiating development venture agreements for both commercial real estate and major hotels. Client engagements have been conducted for both private and public entities. Arthur Andersen is an industryleader in audit, business advisory and consulting services to hotels. A representative listing of our clients is as follows: Hotel Company Audit Clients Hotel Industry Consulting Clients - Accor (France) - American General Hospitality - Choice Hotels International (U.S.) - Bacardi Corporation - Copthorne Hotels (U.K.) - Carnicon Management Associates - Doubletree Hotels Corporation (U.S.) - The Continental Companies - Drury Inns, Inc. (U.S.) - Danubius Hotels - Hilton Hotels Corporation (U.S.) - Embassy Suites - Hyatt International Hotels (U.S.) - Four Seasons Hotels, Ltd. - Hoteles Calinda (Mexico) - Guest Quarters Suite Hotels - Hoteles Melia (Mexico) - Hampton Inn Hotels - Inter-Continental Hotels Group (U.K.) - Hilton Grand Vacations Company - International Leisure Group (U.K.) - Holiday Inn Worldwide - ITT Sheraton Corporation (U.S.) - Hyatt Corporation - Marriott Corporation (U.S.) - Metro Hotels - N.H. Group (Spain) - Nations Bank - Omni Hotels (U.S.) - Paine Webber Properties - Principal Hotels Group, PLC (U.K.) - Rahn Properties, Inc. - Promus Companies (U.S.) - The Ritz-Carlton Hotel Company - Posadas de Mexico (Mexico) - Rosewood Hotels & Resorts - Radisson Hotels International (U.S.) - Sonesta Hotels - Ramada International Hotels & Resorts (U.S.) - Vail Associates - Red Lion Hotels & Inns (U.S.) - Western Europe Hotels, Inc. - Societes des Bains de Mer (Monaco) - Westin Hotels & Resorts - Wyndham Hotels & Resorts (U.S.) - Westinghouse Financial Services �,1 A J r . Arthur Andersen's RESG serves manyof the largest developers, owners and investors in real estate, worldwide. Clients include: - Aetna Realty Investors, Inc. - Mitsui Taiyo Kobe Bank - Arico America Real Estate Investment Company - Morrison Knudsen Corp. - Artery Organization,anization, Inc. The - Mutual Benefit Life Insurance Company, The - Banco Central Hispanoamer - Nations Bank - Bankamerica Corporation - Nomura Securities Co., Ltd. - Beacon Homes Company - Noro Group of Companies, The - Beal Companies, The - Nouveaux Constructeurs - BICC P.L.C. - O'Connor J.W.,& Co., Inc. - Blackman, Flynn & Co. - Orix Real Estate Equities, Inc. - Boston Financial Group - Pennsylvania Real Estate Investment Trust - Capital Guidance Corporation - Perini Corporation - Carlson Companies, Inc. - Posadas De Mexico S.A.De CV - Carlyle Group, The - Promus Companies, The - Carter & Associates, Inc. - Resolution Trust Corporation - Casden Company, The - Robert, J.E.,Company, The - Ceasers World, Inc. - Rodamco N.V. - Centex Corporation - Rosehaugh Company PLC - Circus Circus Hotels, Inc. - Rubloff Real Estate & Capital, Inc. - Continental Development Corporation - Sade S.A.C.C.I.F.M. - Cousins Properties, Incorporated - Salomon Inc. - CRI, Inc, - Security Properties, Inc. - Deutsche Bank AG - Seibu Urban Development Corporation - Draper and Kramer Incorporated - Shidler & Co. - Eastern Realty Investment Corporation - Sierra Real Estate Equity Trust - Equitable Real Estate Investment Mgmt.,Inc. - Societe Auxiliaire D'Enterprises - Federated Development Company - Spaulding and Slye Corporation - First Boston, Inc. - Spie Batignolles - First Interstate Bancorp - Standard Trust - Ford Motor Company - Standard-Pacific Corp. - General Electric Compa:.y - Synco, Inc. - General Homes Corporation - Takenaka Engineering And Construction - Glenborough Corporation - Takenaka Komuten Co.,Ltd. - Golf Hosts International - Tishman Speyer Crown Equities - Great American Management And Investment - Trammel Crow - Grubb And Ellis Company - Trammel Crow Ventures - Hall Real Estate Corporation - Transmanche Link - Hancock John Properties, Inc. - Trump's Castle - Hancock, John, Mutual Life Insurance Company - Trump's Plaza - Heartland Group, Inc. - Trump Taj Mahal - Hines, Gerald D., Interests - Turner Corporation - Interstate General Corporation - U.S. Home Corporation - Kajima Engineer & Construction - Union Bank of California - Koll-Wells - US West Realty - Kranzco Realty Trust, Inc. - Weyerhaeuser Company - Kumagai Gumi Co., LTD - Wilma International - Lee, Yau, Construction Co., Ltd. - Winthrop Financial Co.,Inc. - Lehndorff Vermogensverwaltung GMBH - Wyndham Hotels And Resorts - Lincoln Property Company - Zyeckendorf Company, The 1 13 2 Relevant Experience On behalf of both pua�ic private and clients, we have undertaken the following directly relevant engagements: ♦ Unlon Station Redevelopment Corporation - Washington, D.C. Over a several year period, we analyzed the redevelopment potential of this ' ' historicproperty, formulated the development program, assisted the significant client in securing necessary financial commitments, organized and managed the nonprofit developmentcorporation,co oration, prepared development RFP's, solicited developer velo proposals and negotiated with and on behalf of a joint venture for the redevelopment of this property. Contact: Keith Kelly Executive Director Union Station Redevelopment Corporation (202) 906-4130 • Architect of the Capital - Washington, D.C. On be.Ni..F of this client, we assisted in defining a development program for a major mixed use buildingon a highly prominent Federal site and organized and ma.. -a ed the development process, including preparation of a developer g P RFP's, reviewdevelopment of develo ment P roposals and selection and negotiation of development proposals and financing for a 550,000 square foot mixed use building. Contact: George M. White FAIA Architect of the Capital (202) 225-1200 • Convention Center Hotel - San Diego, CA Over a 3 1/2year period, we assisted and advised this client in a development program and financial packaging of a development of a 1,000 room headquarters hotel to-be-built in conjunction with a new convention center. Our work encompassed evaluating alterative development proposals, `in a financial public investment package and negotiation of formu.d� g development deal terms with a major hotel developer. ' Contact: Gerald M. Trimble, Former Executive Director Centre City Development Corporation (619) 942-0380 ' 3 ' l • Bell Atlantic Corporation - Metropolitan, Washington worked on an ongoing basis for this owner of Over the past 6 years, we have o g . for of excess property in formulating joint venture a substantial inventory . major properties. In each of these, we have development projects forP P 't identified prepared initial market and financial evaluations of the opportunity, potential developer candidates,andidatesspecified initial development deal terms, P prepared requestproposals for and evaluated proposal responses.. Based on these, we have assisted this client in negotiating development ventures on several of these properties. Contact: Steven Masterman Manager of Real Estate (703) 974-6048 • Champion Realty Corporation - Flemming Island, Florida Property • a strategyfor the development of a substantial We assisted this client in parcel of land, including an appropriate deal structure which balanced the � objectives with traditional real estate financial corporation's financial • ' and targeted reared solicitation materials, identified g structures. We then prepared in selecting and preferred developerproposals assisted a developers, reviewedassisted arid thepreferred developer was selected, we developer. Once venture for the the client in negotiating supported a long-term development property. Contact: Roland Diaz President (713) 874-1700 • serve as their development advisor on the have recentlybeen retained by Skopbank to We ' downtown Brussels, Belgium, including solicitation redevelopment of the Martini Tower in similar arran arrangement for the property. We have undertaken and negotiation of a developerg Consumer Electronics, such as clients as DataPoint Corporation, Thompson engagements for the Downtown Anchorage Development Corporation, and Lakeland Florida Downtown Development Authority. Related Experience • workingwith existing owners, operators and The significant part of our practice involves in g estate projects. In this regard, we are regularly involved developers of major real propernes and developing business and financial strategies for existing and to-be-builtp P • identified in the scope of work under our RFP 81-92/93. performing many of the services identified . P . p g hotel assignments include. A representative listing of these relatedg 34 • Williams Hospitality - Puerto Rico • Juan, El Conquistador and the Condado We advised the owners of El San9 type of franchise best suited for the project given Plaza in deciding as to the also, assisted in companies coming to the the advent of new hotel island. We p the negotiations with the various hotel companies. • Hyatt Regency - Miami to obtain We prepared an investment package on this property in order funding through European banks and additional equity partners. g uro P • Hyatt Regency - St. John P We worked with Hyatt Hotels with Skopbank in the selection and negotiation y for the operation of this resort facility. • The Colonnade Hotel - Coral Gables buyers in the negotiation and extension of a management We assisted the g strategyfor the contract on this property and in determining the best investment in terms of cost allocations and price structure. • Biltmore Hotel - Coral Gables package the Ci of Coral Gables in reviewing the investor p g e We worked with ty prepared by the current operators. • Omni Hotel - Miami plan for We advised the lender as to the management contract and a strategic the property. • Sheraton Hotel - Miami insurance company to determine the best flag to place We worked with the p r would need on this hotel and determine what amenity package the property in order to strengthen its market position. Miami International Airport Hotel - Miami • Countyin reviewing the with the government of Dade Worked together operator packages for this property. • The Ritz Plaza - Miami Beach the cash • to the best operating structure to improve We advised the owners as P flow, and methods to reposition this property. J • The Mayfair Hotel - Coconut Grove We advised the lender on the selection of a hotel operator and the negotiations of the management contract. We also assisted the owner in the g operation of this facility for a period of 2 1/2 years. A directlyrelated area of ourpractice involves the preparation of investment packages for owners. Recent representative assignments involving hotel investment packages prepared p by our real capital markets practice include: - The Kilroy Airport Center - California - Rancho Bernardo Inn - California - Jumby Bay Hotel - Antigua - La Jolla Hotel - California - La Jolla/Collins Companies - 100 Park Avenue - New York City - Le Meridien Hotel - New York City - Hyatt Regency Maui and Waikiki 36 REAL E;si ATE AIA'ISoRY SFRv'ICES • MICHAEL A. STEIN Principal Andersen & Co., Real Estate Services Group, has been Mr. Stein, a principal with Arthur time, he real estate industryfor the past 25 years. During this part of the hospitality/resort al and management andplanning of projects on a nation has been involved in the international scale. Some of his areas of specialization include operation and system reviews, assistance to on-site management contract negotiations, in projections, economic property ventures,ro er evaluation and appraisals of existing business en , tourism, fiscal and • addition, he has been involved in a number of transaction- relatedeconomic impact analysis. In additi have including workouts for under-performing assets. His activitieslatest• activities, Inc g includedsix properties in the Southeastern United States for the asset management of p p owners and/or financial institutions. in the United States and is recognized by his He has conducted hundreds of engagements has it resort real estate consulting industry. Mr. Stein peers as a leader in the hospitals y/ a number hotel litigation cases. He has published numerous served as an expert witness in g international to act as keynote articles and has been invited speaker at many national and intern conferences. Societyof Hotelmen, The Board of Directors of the Mr. Stein is a member of the Cornell • Association, AdvisoryBoard Member of the Four Seasons Greater Miami Hotel ;� Motel arks Missouri. He is also strongly involved in community Hotel, Lake of the Cz , organizations in the Greater Miami area. ' Southern Mississippi receiving his Bachelor of Science Mr. Stein attended the University of PP his studies at Cornell University where he received a second degree in 1968. He continued Yale ion. He attended the University of Miami (1976) and degree in Hotel Administration.complete work in accounting, finance, and advance management. to g University (1989) enhanced Furthermore, his education has beenby over 1000 hours of professional development courses. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP .gyp J A� REAL EST.A FE ADVISOR\ SER`'lCES J. KEVIN LAWLER Principal Mr. Lawler joined Arthur Andersen in 1973. He has directed a variety of assignments involving the application of market and financial analysis to solve development-related issues and to structure real estate investment/financing opportunities for private and public clients. Mr. Lawler is active in advising clients in the ownership, investment, financing and development of major real estate projects and assets. He recently completed a financial p � evaluation of a portfolio of 10 high profile downtown Washington, D.C. commercial office building for a to be formed R.E.I,T. and advised Deutsche Bank Realty Advisors on the strategic positioning of a portfolio of 12 major properties amounting to over 9.0 million ' g square feet of office and retail space and in excess of $1.2 billion in current value. Mr. Lawler recently completed for GTE Realty Corporation a strategic framework for their ownership interest in a major commercial mixed-use project in downtown Tampa and serves as the asset manager advisor on this property. Additionally, Mr. Lawler is currently completing an evaluation of a portfolio of 33 apartment properties with 13,000 units for a securitized financing transaction and is advising Dade County Aviation Department on the potential acquisition of the Miami Free Trade Zone and additional properties. Mr. Lawler is currently advising the International Monetary Fund and the National Rural Electric Cooperative Association on the acquisition/ development of a new headquarters and assisting Bell Atlantic on a development venture for a major office building. He has recentlycompleted assignments for Thomson Consumer Electronics, American Psychological Association, the International Union of Bricklayers and Allied Craftsmen, the National Academy of Sciences, the Paralyzed Veterans of America, American Red Cross, Communication Workers of America, International Food Processors, the National Geographic Society, BASF Corporation; all these assignments have involved advising and representing these clients in the negotiation of leases, joint ventures and the purchase of commercial office buildings. He has been active in advising substantial landowners and developers throughout the Washington, D.C. Metropolitan Area, as well as Northern New Jersey, suburban Baltimore, and Tampa/St. Petersburg, Palm Beach, Ft. Lauderdale and Miami, Florida on commercial development. Mr. Lawler has extensive experience in all facets of large scale land development. He has advised a Japanese financial organization in the acquisition of several large hotel and resort development properties. He has been deeply involved in analyzing potentials and the strategic structure of development programs and financial feasibility of multi-year, multi-use development projects in Tampa, Orlando, Ft. Myers/Cape Coral and West Palm Beach, Florida; Northern New Jersey; the Washington and Baltimore corridors and Southern California in recent years. These assignments have involved substantial land holdings to-be- developed with mixed residential densities and related amenities, commercial office, community and regional shopping centers, and hotel uses. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP . a REAL ESTATE ADVISORY SERVICES Lawler has served as an advisor to both public agencies and private interest int e Mr. • • as the real estate formation of"public-private" development ventures. Specifically, he served v ment of a 1 000 to San Diego's Centre Citydevelopment advisor Development Corporation on the de room hotel conjunction conunction with a new convention center. He has also advised the Municipality of Anchorage,chora e Alaska, the Downtown Development Authority of Lakeland and Tampa, Florida and the Cityof Hoboken, NJ on major commercial development projects. ForP developers,develo ers, :ie has been actively involved in analyzing and structuring real estate development ventures ,nvolving public participation. Mr. Lawler holds a B.S. from Michigan State University and a Masters of City Planning from Harvard University. He served as an advisor to the National Trust for Historic Preservation, representing the District of Columbia between 1977 and 1980. He was a graduate instructor in Land Economics and Real Estate Investment Analysis at George Washington University for several yea taught Mr. Lawler recentlytau ht an advanced real estate investment and finance Maryland.through the Universityof Ma land. He has lectured extensively on real estate development and finance at Wharton School (University of Pennsylvania), Harvard Business School and Georgetown University. Mr. Lawler is a member of the Urban Land Institute. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 39 • REM. ESTATE ADVISORY Sr:10,ICES, DAVID W. HEATH Manager withArthur Andersen & Co's Real Estate Services Group, David Heath, a Manager Mr. development consulting services for the real estate industry. provides operational and p experience extensive hospitality management background; his consulting ex p Heath has an P udes operational consulting as we it as market and financial analysis sis for hotels, Incl p restaurants, airports and planned commlnities. Among Mr. Heath's areas of specialization include the following: • Strategic planning, market repositioning and workouts for distressed hotels and resorts; • Development planning, market evaluation and financial analysis p g for hotel, resort, casino and planned community developments; and • Analysis of f o erational effectiveness with a view toward improving overallprofitability the of hotels, resorts and privateclubs, through h innovative marketing, enhanced internal controls and labor productivity management. At the outset of his career, Mr. Heath worked for more than ten years in various management capacities in hotel and restaurant operations with, among other companies, n Hotel Company. Prior to joining Arthur Andersen, Mr. Hyatt Hotels and the Ritz-Carlton & Florida hospitality operational consulting practice of Laventhol Heath supervised the p Y P numerous consulting Horvath and directed engagements in Florida and the Caribbean. of Massachusetts at Amherst, receiving his Bachelor of Mr. Heath attended the University Science (Cum Laude) in Hotel Administration with election to the Eta Sigma Delta National • continued his education byattending Northeastern University Honor Society in 1980. He in Master of Business Administration programin1989.Boston, completing the Mr. Heathleis and continuing education seminars on Internal Controls for Ho currently conducts con 8 Restaurants for the American Institute of Certified Public Accountants. Mr. Heath has also p of New Ham shire, the University of Massachusetts, and for guest lectured at the University the Florida Restaurant Association. 1 ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 10 RFAl. ESTATE , t)'ISORt' SFR\,.t'FS FEE PROPOSAL * * The fee structure is presented in the original proposal only. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 11 R FAI, ESTA"t E iSORY Sr.:RV ICES w • PUBLIC ENTITY CRIMES, SWORN STATEMENTS ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 1') Y0' SWORN S1AIL) M1 PURSUAN1 1U SLLI1UN . r 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 Ta` 4 ADMINISTER OATHS. 1. This sworn statement is submitted to City of M i am L gipcja by Michael A. Stein (print individual's name and title) for Arthur Andeiseu & Co . (print name of entity submitting sworn statement) whose business address is One Biscayne Tower , Suite 2100 Miami. F l n r i d&_3_____B_1 and (if applicable) its Federal Employer Identification Number (FEIN) is 36-0732690 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), florida Statutes. means a violation of any state 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 States, 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 state trial court of record relating to charges brought by indictment or information after July 1, 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 "a:filiate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. 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 arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint 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 state or of the United States 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 statement. (indicate which statement applies.) X Neither the entity submitting this sworn statement, 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 of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of the 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 charged with and convicted of a public entity crime subsequent to July 1, 1989. RFP NO: 81-92/93 DATE: 5/14/93 CITY OF MIAMI BEACH 8 13 4 • executives, partners, shareholders, employees ,r ;r,er Jr dycr►c', •IW d,_ _ management of the entity, or an affiliate of the entity has been charged with and convfcted of a public entity crime subsequent to July 1, 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 determined 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 final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN VHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STA TE1 FOR CATEGORY TWO OF AMY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. id-6(114(e/e4-x— (Signature) June 2 , 1993 (date) STATE OF Florida COUNTY OF Dade PERSONALLY APPEARED BEFORE ME, the undersigned authority, Michael A . Stein , who, after first being sworn by me, affixed his/her signature in the space provided above on this 2nd day of June , 19 9 1. • / A 11/4 0 RY •UBLI My Commission Expires: mar 0/, oc/KSAL NOTARY URAL o �', •YRIA• • M*1*T1NU T CO.Wss1O4 'wenn us CC142S44 �i� cpo wv GoesisatOM ear. OF f%.° DEC. •1SSE FORM PUR 7068 (Rev. 06/05/91) RFP NO: 81-92/93 DATE: 5/14/93 CITY OF MIAMI BEACH 9 Ii APPENDIX B To the Selection Committee: FEE PROPOSAL our fee proposal is based on an estimated level of effort and the time commitment of mostly senior professional staff as described in the scope of work. STEPS FEE Step I - $50,000 • Review and Evaluate Existing Materials • Prepare Draft Marketing/RFP Prospectus • Prepare a List of Potential Bidders • Establish Guidelines for Proposal Response • Finalize the Marketing Prospectus/RFP • Attend and participate in community/interested party meetings • Conduct three developer conferences (3 days to be jointly set by the consultants and City Management) • Develop and finalize selection criteria Step II - $10,000 Per proposal meeting criteria • Receive and review all proposals for satisfaction of criteria • Coordinate and participate in proposal interviews • Provide the City with a summary of all proposals together with our recommendations and conclusions Step III - • Assist the City in the negotiations with the finalists: •• Contract for the first hotel $50,000 •• Contract for the second and any additional hotels $25,000 each Note: Payment for Step III will be received when the City Commission approves the hotel contract(s). Should the City Manager recommend a contract and same is declined by the City Commission, the consultant should be entitled to the corresponding fee based upon professional time expended, not to exceed the stated amounts. In addition to our fees we will bill for direct expenses for transportation, long distance telephone charges,faxes,reproduction,per diems,etc.to be billed at cost and subject to prior approval by the City Manager. We understand that the printing production and distribution of all Developer RFP's will be performed by the City. Should the decision be made for Arthur Andersen & Co. to perform this task, we will bill at actual cost. Our hourly rates for Phase III are: Partner/Principal- $280-$320 per hr. Manager - $150 per hr. • APPENDIX C • SCOPE OF SERVICES ' solicitingof developers and securing viable commitments to Td accomplish the objectives of develop and operate one or more high quality, convention headquarters hotels, we propose a series of sequential tasks as follows: Task I. Review And Evaluate Existing Materials. would review all materials, engagement, we At the outset of the preparedconcerningthe or reports todateby plansor for the City"City Redevelopment and Center/Historic Convention Village Revitalization Area". Of particular importance are: • • Market studies and related materials which indicate the nature and type of the potential opportunity relative to hotel room demand and achievable average daily room rates; • Financial analyses feasibilityanal ses and their underlying assumptions iab ty ' iii of one or and parameters with regard to the financial v more convention headquarters hotels; • Development plans for the area, including public commitments for control of the development sites and. investment in supporting area infrastructure; and p • Proposed incentive package to be provided to developers. We will review these materials with a view to their suitability and ie adequacy for summary and presentation to prospective Duringthis process, we would identify any developer/bidders. potential deficiencies and review these with the City. If these deficiencies are of a nature which would raise substantial unresolvedquestions uestions or risks to a potential developer/bidder, we would clearly identifythese areas and request the City address these either in the context of further studies or other means. TASK II- Prepare A Marketing/RFP Prospectus. el coordinatingthis task with the City, we will prepare a draft Closely "prospectus"ectus to solicit developer/bidder interest in the convention headquarters uarters hotel sites. At the commencement of this task, we would discuss and review with the City the "prospectus" in terms: • Content; • Scope and type of information; . I I ti a • Specificity of terms; and ir • Format of presentation. Once these issues have been addressed, and agreed upon with the P P City, we prepare then are a draft prospectus. The City would retain control over the final approval of the content, language and presentation of the package. Concurrent with preparation of the solicitation package, we would P work with the Cityto identify and prepare supporting, detailed information which would be provided to prospective developers/bidders. TASK 1II- Prepare A List Of Prospective Bidders. This task would be divided into several steps. First, we would Pre comprehensive listing of potentially qualified developers, Pare a investors, hotel o erators and/or management companies, and the P like, who byvirtue of their background, financial resources and potential interest in the Miami Beach Convention market would be highly qualified targets; this listing would be based on our world- wide network of clients, interest and capabilities as well as our t -wide contacts. Second, we would industry-wide review with the City developers, hotel operators, franchise organizations and others who haveP reviously expressed interest in the development, operation and ownershipof a convention headquarters hotel on Miami Beach. We would then combine these lists and carefully review it with the P p City for overlap, duplication and the like. Lastly, we would undertake a final review using our world-wide network to verify potential candidates and to assure that the list is all encompassing. Based on the precedingsteps, we would then prepare a final list. The final list would specifically identify: • Name of organization; and • Principal contact and address. When approvedby the City, this list would form the basis for distribution of the marketing/RFP prospectus. During this task, we would also review with the City procedures and policies for solicitation and procurement of development interests, including advertisement requirements and similar matters required under either City codes or State statutes. TASK IV- Establish Guidelines For Responses To The Request For Proposal. In this task we would prepare a set of detail guidelines, consistent with City policies and industries practices for development of proposal responses. These guidelines would address such matters as: • The complete proposing entity, including legal form; • Demonstration of financial capacity to perform, including any initial deposits; • Propose business arrangements (e.g., deal terms); • Individual authorized to commit and bind the proposing entity; • Development concept and level of specificity; • Propose timetable for proceeding if selected, and any performance conditions; • Relevant experience and references; and • Financial statements. TASK V- Finalize And Issue The Marketing Package/RFP. Upon approval the "draft" marketing/RFP prospectus by the City, including in corporation of guidelines for developer responses, we will finalize the marketing/RFP prospectus. We would then supervise printing, production and distribution of the marketing/RFP prospectus to the approved list of qualified developers, investors, hotel/management companies and franchise operators, as agreed upon with the City. The distribution of the prospectus would be consistent with applicable City and State law or policies governing solicitations of this nature. TASK V74. Prepare And Finalize Selection Criteria. Concurrent with the finalization of the RFP, we wouldre are an P P initial set of selection criteria for review by the City. These selection criteria would be organized into several components as follows: • Technical merits of development proposal; • Y I • • Strength and development capability of proposing entity; • Financial capacity to perform; and • Financial terms of the development deal. After the issuance of the RFP, we would continue to refine the specificity of criteria with the City as well as responsibilities for P Y evaluating proposals relative to the established criteria. TASK VII- Coordinate And Participate In The Proposal Interviews. Upon receipt of development proposals, we would work with the P P City to conduct a technical review and verify all key aspects of the development proposals in the context of the agreed upon evaluation criteria established in Task VI. Included in the review would be: • A financial analysis of the development proposal; • Verification of financing capacity to perform; and • Verification of credentials/capabilities. Upon review of the development proposals, we recommend an initial "confidential" ranking be prepared. This ranking would serve as a basis to formulate key questions and issues to be addressed during the interviews. Next, we would coordinate and work with the City to schedule interviews. We would establish a format, schedule, and outline an agenda of items to be addressed with each developer, generally, as well as with specific issues relative to each development proposal. We would then assist and participate with the City in the interviews. Based on the interviews, we would then coordinate a final review and ranking of the development proposals. The requested scope a of work under RFP 81-92/93 did not identify services to be performed P beyond "coordinate and participate in the developer interview process." In our experience, there are several important subsequent steps. These include (1) formal selection of the developer, (2) negotiation of a development deal and (3) documentation of business terms. We are fully prep ared to provide these services to the City of Miami Beach should these be upon required u on completion of the stated scope of services in RFP 81-92/93. ORIGINAL RESOLUTION NO. 93-20853 ...x.:_horizing the Mayor and City Clerk to cuted a professional services agreement 'ith Arthur Andersen, and Company, SC. REAL ESTATE ADVISORY SERVICES SCOPE OF SERVICES PROPOSAL CONVENTION HOTEL DEVELOPER SOLICITATION Request for Proposal No. S1-92/93 Submitted to: City of Miami Beach Florida June 2, 1993 Prepared By ARTIIUR ANDERSEN Arthur Andersen & Co, SC ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP REAL ESTATE ADVISORY SERVICES TRANSMITTAL LETTER ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP . . ARTHUR , . ANDERSEN ARTHUR ANDERSEN&CO, SC June 2 1993 Arthur Andersen&Co. Ms. Judith M. Ford Suite 2100 One Biscayne Tower Purchasing Agent Miami FL 33131-1801 305 789 2578 Office of the Purchasing Agent 305 789 2573 Fax City of Miami Beach 1700 Convention Drive Miami Beach, FL 33139 Re: Request for Proposals No. 81-92/93 Convention Hotel Developer Solicitation Dear Ms. Ford: Arthur Andersen's Real Estate Services Group is pleased to submit this proposal to provide advisory services for the solicitation of development proposal for a convention headquarters hotel. This proposal is submitted with (1) original and (10) copies pursuant to the guidelines of Request for Proposal No. 81-92/93. It is our understanding that the City of Miami Beach has expended considerable time and resources to formulate plans for the development of one or more convention "headquarters" hotels on sites proximate to the Miami Beach Convention Center. This effort is embodied in the "City-Center" Master Plan for the Miami Beach Convention Center Area, including the Historic Convention Village Redevelopment Plan. These plans, as we understand it, seek to attract one or more convention headquarters hotel properties to be developed with physical linkages to the convention center and to stimulate the renovation of many of the smaller historic hotels located in the area. As we understand it, as part of the planning efforts to date, the City has actively considered and established parameters for public and private sector initiatives to stimulate new hotel development and the renovation of existing smaller hotels located in the area. Of particular importance, the City has formulated an incentive package to attract private development interests to develop a new convention headquarters hotel. ARTHUR ANDERSEN ARTHUR ANDERSEN&CO,SC Ms. Judith M. Ford - 2 - June 2, 1993 At this juncture, it is our understanding that the City of Miami Beach wishes to prepare a high-quality "package to target creditable and viable development interest and to solicit proposals for the development of one or more convention headquarters hotels". Arthur Andersen's Real Estate and Hospitality Services practices has directly relevant experience and the extensive capabilities to provide the City of Miami Beach all the requisite services. Specifically, our Firm offers the City of Miami Beach the following: 1. Indepth Market Knowledge and Experience. Arthur Andersen has indepth experience in the market, development, financing and operations of hotels in the greater Miami area; we have conducted several engagements involving hotel market potentials for new hotel properties on Miami Beach in recent months. Nationally and internationally, Arthur Andersen is the leader in hospitality and real estate advisory services. We provide audit and operational consulting services to many of the largest hotel owners and operating companies in the world. We have strong experience in evaluating and assisting in the structuring of development ventures for new hotels and other commercial properties. Our clients are both public and private entities. Our experience is balanced between advising and representing both sides of a transaction. 2. Close Coordination And Timely Execution. A hallmark of our Firm is a full service commitment to each client. Our approach to this type of engagement is both process oriented and work product specific. The engagement would be managed from our Miami office. We propose a project management plan which provides for regular progress reviews and coordination with the City throughout the engagement. ARTHUR ANDERSEN ARTHUR ANDERSEN 6z CO SC Ms. Judith M. Ford - 3 - June 2, 1993 3. Seasoned Professional Staff We are prepared to commit senior, highly experienced professional staff to the conduct of this engagement. In this regard, the project would be co-managed by two senior Principals to provide ongoing and complete coverage throughout the duration of the engagement. In addition, senior advisory member of our real estate and hospitality service practices will be available throughout the engagement. The balance of our complete proposal accompanies this letter and is divided into the following separate sections: • Scope of Services; • Project Management/Coordination; • Capability and Experience; and • Fee Proposal. In addition, we have included in our proposal the completed form pursuant to Section 287.133 (3)(a), Florida Statues on Public Entity Crimes. This completed form follows this letter. We are enthusiastic regarding this opportunity to serve the City of Miami Beach in successfully attracting a viable development proposal. We look forward to further present our approach, our qualifications and our experience. Should the City of Miami Beach have any further questions, please contact either Michael A. Stein or J. Kevin Lawler at (305) 374-3700. Very truly yours, 67/t't&Z-- / • AA:arm Enclosures Scope of Services A consultant team is being solicited that will be able to assist the City in identifying and selecting a developer which has the proven experience, financial resources and professional expertise to deliver the highest quality, economically feasible project.. As such, the scope of will include the following components: * Review all material, plans and reports prepared concerning the City Center/Historic Convention Village Redevelopment and Revitalization Area. * Review the Request for Proposals and obtain printing services. * Develop a package to market and promote the City Center concept, the Request for Proposals and the City's desire to attract new convention hotel (s) , to the hotel development community worldwide * Develop a list of qualified developers and franchise organizations who have the background, resources and desire to develop convention hotel (s) in Miami Beach. The Consultant will draw from both internal and external sources to accomplish this assignment. * Determine guidelines for developer responses to the Request for Proposals. * Develop the selection criteria and ranking matrix to serve as the basis in the developer selection process. * Coordinate and participate in the developer interview process. City of Miami Beach staff will manage the project and provide direction to the consultants. Input and review in this process will be sought from the community and members of the Art Deco Hotel Association, the Miami Beach Hotel Association, the Greater Miami Convention and Visitors Bureau, the Citizens Advisory and Technical Committee, the Ocean Drive Association, the Miami Design Preservation League, the Miami Beach Chamber of Commerce, the Miami Beach Development Corporation and the Lincoln Road Task Force. Time Frame It is anticipated that a consultant will be selected by June 16, 1993 . Once the consultant is selected, it is anticipated that the assignment will be completed within one year. RFP NO: 81-92/93 DATE: 5/14/93 CITY OF MIAMI BEACH 3 REAL ESTATE ADVISORY SERVICES SCOPE OF SERVICES ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP SCOPE OF SERVICES To accomplish the objectives of soliciting of developers and securing viable commitments to develop and operate one or more high quality, convention headquarters hotels, we propose a series of sequential tasks as follows: Task I- Review And Evaluate Existing Materials. At the outset of the engagement, we would review all materials, plans or reports prepared to date by or for the City concerning the "City Center/Historic Convention Village Redevelopment and Revitalization Area". Of particular importance are: • ♦ Market studies and related materials which indicate the nature and type of the potential opportunity relative to hotel room demand and achievable average daily room rates; ♦ Financial feasibility analyses and their underlying assumptions and parameters with regard to the financial viability of one or more convention headquarters hotels; ♦ Development plans for the area, including public commitments for control of the development sites and investment in supporting area infrastructure; and ♦ Proposed incentive package to be provided to developers. We will review these materials with a view to their suitability and adequacy for summary and presentation to prospective developer/bidders. During this process, we would identify any potential deficiencies and review these with the City. If these deficiencies are of a nature which would raise substantial unresolved questions or risks to a potential developer/bidder, we would clearly identify these areas and request the City address these either in the context of further studies or other means. TASK II- Prepare A Marketing/RFP Prospectus. Closely coordinating this task with the City, we will prepare a draft "prospectus" to solicit developer/bidder interest in the convention headquarters hotel sites. At the commencement of this task, we would discuss and review with the City the "prospectus" in terms: ♦ Content; ♦ Scope and type of information; • Specificity of terms; and • Format of presentation. Once these issues have been addressed, and agreed upon with the City, we would then prepare a draft prospectus. The City would retain control over the final approval of the content, language and presentation of the package. Concurrent with preparation of the solicitation package, we would work with the City to identify and prepare supporting, detailed information which would be provided to prospective developers/bidders. TASK III- Prepare A List Of Prospective Bidders. This task would be divided into several steps. First, we would prepare a comprehensive listing of potentially qualified developers, investors, hotel operators and/or management companies, and the like, who by virtue of their background, financial resources and potential interest in the Miami Beach Convention market would be highly qualified targets; this listing would be based on our world- wide network of clients, interest and capabilities as well as our industry-wide contacts. Second, we would review with the City developers, hotel operators, franchise organizations and others who have previously expressed interest in the development, operation and ownership of a convention headquarters hotel on Miami Beach. We would then combine these lists and carefully review it with the City for overlap, duplication and the like. Lastly, we would undertake a final review using our world-wide network to verify potential candidates and to assure that the list is all encompassing. Based on the preceding steps, we would then prepare a final list. The final list would specifically identify: • Name of organization; and • Principal contact and address. When approved by the City, this list would form the basis for distribution of the marketing/RFP prospectus. During this task, we would also review with the City procedures and policies for solicitation and procurement of development interests, including advertisement requirements and similar matters required under either City codes or State statutes. TASK IV- Establish Guidelines For Responses To The Request For Proposal. In this task we would prepare a set of detail guidelines, consistent with City policies and industries practices for development of proposal responses. These guidelines would address such matters as: ♦ The complete proposing entity, including legal form; ♦ Demonstration of financial capacity to perform, including any initial deposits; ♦ Propose business arrangements (e.g., deal terms); ♦ Individual authorized to commit and bind the proposing entity; ♦ Development concept and level of specificity; ♦ Propose timetable for proceeding if selected, and any performance conditions; ♦ Relevant experience and references; and ♦ Financial statements. TASK V- Finalize And Issue The Marketing PackagelRFP. Upon approval the "draft" marketing/RFP prospectus by the City, including in corporation of guidelines for developer responses, we will finalize the marketing/RFP prospectus. We would then supervise printing, production and distribution of the marketing/RFP prospectus to the approved list of qualified developers, investors, hotel/management companies and franchise operators, as agreed upon with the City. The distribution of the prospectus would be consistent with applicable City and State law or policies governing solicitations of this nature. TASK VI- Prepare And Finalize Selection Criteria. Concurrent with the finalization of the RFP, we would prepare an initial set of selection criteria for review by the City. These selection criteria would be organized into several components as follows: ♦ Technical merits of development proposal; ♦ Strength and development capability of proposing entity; ♦ Financial capacity to perform; and ♦ Financial terms of the development deal. After the issuance of the RFP, we would continue to refine the specificity of criteria with the City as well as responsibilities for evaluating proposals relative to the established criteria. TASK VII- Coordinate And Participate In The Proposal Interviews. Upon receipt of development proposals, we would work with the City to conduct a technical review and verify all key aspects of the development proposals in the context of the agreed upon evaluation criteria established in Task VI. Included in the review would be: ♦ A financial analysis of the development proposal; ♦ Verification of financing capacity to perform; and ♦ Verification of credentials/capabilities. Upon review of the development proposals, we recommend an initial "confidential" ranking be prepared. This ranking would serve as a basis to formulate key questions and issues to be addressed during the interviews. Next, we would coordinate and work with the City to schedule interviews. We would establish a format, schedule, and outline an agenda of items to be addressed with each developer, generally, as well as with specific issues relative to each development proposal. We would then assist and participate with the City in the interviews. Based on the interviews, we would then coordinate a final review and ranking of the development proposals. The requested scope of work under RFP 81-92/93 did not identify services to be performed beyond "coordinate and participate in the developer interview process." In our experience, there are several important subsequent steps. These include (1) formal selection of the developer, (2) negotiation of a development deal and (3) documentation of business terms. We are fully prepared to provide these services to the City of Miami Beach should these be required upon completion of the stated scope of services in RFP 81-92/93. • REAL ESTATE ADVISORY SERVICES PROJECT MANAGEMENT/COORDINATION ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP t PROJECT MANAGEMENT/COORDINATION This section describes our approach to project management, coordination with the City and scheduling of the work. Engagement Team We propose to commit senior professional resources to the conduct of the engagement. In this regard, the engagement would be co-managed by two senior Principals, Michael A. Stein and J. Kevin Lawler. In addition, David Heath, Manager, would direct day-to-day staff activities of the engagement. The responsibilities and capabilities of the "core" engagement management team are as follows: ♦ Michael A. Stein: Michael has over 22 years of experience in Principal hospitality and real estate consulting. Michael is the Miami office and Hospitality and Real Estate Advisory Practice Director. Michael would be responsible for client coordination throughout the duration of the engagement. ♦ J. Kevin Lawler: Kevin has 20 years of experience in advising Principal private and public clients on development and venture structures. Kevin divides his time between the Washington, D.C. and Miami office. Kevin would be responsible for technical direction of the engagement. ♦ David Heath: David has 16 years of experience in the Manager hospitality field. David is the senior Manager in the Miami office Hospitality and Real Estate Advisory Practice. David would have day-to-day responsibility for staff direction in this assignment. In addition to the core engagement team, we would draw on senior resources of the Firm. These include: • Ivan Faggen, Worldwide Director, Real Estate Services Group; ♦ Robert Davis, Real Estate Capital Markets; and • Edward Hess, Real Estate Capital Markets. Messrs. Faggen, Davis and Hess would be an integral part of the engagement team. They would provide direction and assistance with regard to the preparation of the list of qualified prospective developers bidders and review the marketing/RFP package. Furthermore, they would be called upon as needed with regard to review and evaluation of development proposals. Resumes for the core engagement team of Messrs. Stein, Lawler and Heath are accompanied in this section. Schedule We are prepared to commit resources and to move forward on a timely schedule which permits the City and other interested parties adequate time and review and approve key materials. Based on our prior experience on similar engagements, we suggest the following schedule: TASKS TIMING TASK I- Review and Evaluate Existing Materials 2-3 Weeks TASK II- Prepare Draft Marketing/RFP Prospectus TASK III- Prepare a List of Potential Bidders 4-5 Weeks TASK IV- Establish Guidelines for Proposal Response TASK V- Finalize and Issue the Marketing Prospectus/RFP TASK VI- Prepare and Finalize Selection Criteria 2 Weeks TASK VII- Coordinate and Participate in Proposal Interviews To Be Determined Coordination With The City The outset of the engagement, we would propose to meet with City staff responsible for the overall management of the project to establish a specific timetable and a coordination process. Our approach to engagements of this nature is interactive. In this regard, we would plan to meet with applicable City staff at the commencement and completion of each task. We propose that sufficient time be "built in" to the overall timetable to permit adequate review by the City and requisite and participation of community members of the Art Deco Hotel Association, the Miami Beach Hotel Association, the Greater Miami Convention Visitors Bureau, the Citizens Advisory and Technical Committee, the Ocean Drive Association, the Miami Design Preservation League, the Miami Beach Chamber of Commerce, the Miami Beach Development Corporation and the Lincoln Road Task Force. We look to the City to provide direction on the responsibility for soliciting input and review of the interested organizations. Our approach to the engagement provides for a Principal to be involved in up to 10 "input and review meetings" with interested organization and community groups. s ' REAL ESTATE ADVISORY SERVICES CAPABILITIES AND EXPERIENCE ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP CAPABILITIES AND EXPERIENCE Real estate and hotels are two of Arthur Andersen's primary industry concentrations. The Arthur Andersen's Real Estate Services Group ("RESG") is the largest advisory organization of its kind. The RESG consists of over 1,200 professional personnel, serving 6000 real estate clients. Members of RESG have substantial experience in analyzing development ventures, identifying viable development venture partners and assisting clients in negotiating development venture agreements for both commercial real estate and major hotels. Client engagements have been conducted for both private and public entities. Arthur Andersen is an industry leader in audit, business advisory and consulting services to hotels. A representative listing of our clients is as follows: Hotel Company Audit Clients Hotel Industry Consulting Clients - Accor (France) - American General Hospitality - Choice Hotels International (U.S.) - Bacardi Corporation - Copthorne Hotels (U.K.) - Carnicon Management Associates - Doubletree Hotels Corporation (U.S.) - The Continental Companies - Drury Inns, Inc. (U.S.) - Danubius Hotels - Hilton Hotels Corporation (U.S.) - Embassy Suites - Hyatt International Hotels (U.S.) - Four Seasons Hotels, Ltd. - Hoteles Calinda (Mexico) - Guest Quarters Suite Hotels - Hoteles Melia (Mexico) - Hampton Inn Hotels - Inter-Continental Hotels Group (U.K.) - Hilton Grand Vacations Company - International Leisure Group (U.K.) - Holiday Inn Worldwide - ITT Sheraton Corporation (U.S.) - Hyatt Corporation - Marriott Corporation (U.S.) - Metro Hotels - N.H. Group (Spain) - Nations Bank - Omni Hotels (U.S.) - Paine Webber Properties - Principal Hotels Group, PLC (U.K.) - Rahn Properties, Inc. - Promus Companies (U.S.) - The Ritz-Carlton Hotel Company - Posadas de Mexico (Mexico) - Rosewood Hotels & Resorts - Radisson Hotels International (U.S.) - Sonesta Hotels - Ramada International Hotels & Resorts (U.S.) - Vail Associates - Red Lion Hotels & Inns (U.S.) - Western Europe Hotels, Inc. - Societes des Bains de Mer (Monaco) - Westin Hotels & Resorts - Wyndham Hotels & Resorts (U.S.) - Westinghouse Financial Services Arthur Andersen's RESG serves many of the largest developers, owners and investors in real estate, worldwide. Clients include: - Aetna Realty Investors, Inc. - Mitsui Taiyo Kobe Bank - Arico America Real Estate Investment Company - Morrison Knudsen Corp. - Artery Organization, Inc. The - Mutual Benefit Life Insurance Company, The - Banco Central Hispanoamer - Nations Bank - Bankamerica Corporation - Nomura Securities Co.,Ltd. - Beacon Homes Company - Noro Group of Companies, The - Beal Companies, The - Nouveaux Constructeurs - BICC P.L.C. - O'Connor J.W.,& Co., Inc. - Blackman, Flynn& Co. - Orix Real Estate Equities, Inc. - Boston Financial Group - Pennsylvania Real Estate Investment Trust - Capital Guidance Corporation - Perini Corporation - Carlson Companies, Inc. - Posadas De Mexico S.A.De CV - Carlyle Group, The - Promus Companies, The - Carter & Associates, Inc. - Resolution Trust Corporation - Casden Company, The - Robert, J.E.,Company, The - Ceasers World, Inc. - Rodamco N.V. - Centex Corporation - Rosehaugh Company PLC - Circus Circus Hotels, Inc. - Rubloff Real Estate & Capital, Inc. - Continental Development Corporation - Sade S.A.C.C.I.F.M. - Cousins Properties, Incorporated - Salomon Inc. - CRI, Inc, - Security Properties, Inc. - Deutsche Bank AG - Seibu Urban Development Corporation - Draper and Kramer Incorporated - Shidler & Co. - Eastern Realty Investment Corporation - Sierra Real Estate Equity Trust - Equitable Real Estate Investment Mgmt.,Inc. - Societe Auxiliaire D'Enterprises - Federated Development Company - Spaulding and Slye Corporation - First Boston, Inc. - Spie Batignolles - First Interstate Bancorp - Standard Trust - Ford Motor Company - Standard-Pacific Corp. - General Electric Company - Synco, Inc. - General Homes Corporation - Takenaka Engineering And Construction - Glenborough Corporation - Takenaka Komuten Co.,Ltd. - Golf Hosts International - Tishman Speyer Crown Equities - Great American Management And Investment - Trammel Crow - Grubb And Ellis Company - Trammel Crow Ventures - Hall Real Estate Corporation - Transmanche Link - Hancock John Properties, Inc. - Trump's Castle - Hancock, John, Mutual Life Insurance Company - Trump's Plaza - Heartland Group, Inc. - Trump Taj Mahal - Hines, Gerald D.,Interests - Turner Corporation - Interstate General Corporation - U.S. Home Corporation - Kajima Engineer & Construction - Union Bank of California - Koll-Wells - US West Realty - Kranzco Realty Trust, Inc. - Weyerhaeuser Company - Kumagai Gumi Co.,LTD - Wilma International - Lee, Yau, Construction Co.,Ltd. - Winthrop Financial Co.,Inc. - Lehndorff Vermogensverwaltung GMBH - Wyndham Hotels And Resorts - Lincoln Property Company - Zyeckendorf Company, The Relevant Experience On behalf of both public and private clients, we have undertaken the following directly relevant engagements: ♦ Union Station Redevelopment Corporation - Washington, D.C. Over a several year period, we analyzed the redevelopment potential of this significant historic property, formulated the development program, assisted the client in securing necessary financial commitments, organized and managed the nonprofit development corporation, prepared development RFP's, solicited developer proposals and negotiated with and on behalf of a joint venture for the redevelopment of this property. Contact: Keith Kelly Executive Director Union Station Redevelopment Corporation (202) 906-4130 ♦ Architect of the Capital - Washington, D.C. On behalf of this client, we assisted in defining a development program for a major mixed use building on a highly prominent Federal site and organized and managed the development process, including preparation of a developer RFP's, review of development proposals and selection and negotiation of development and financing proposals for a 550,000 square foot mixed use building. Contact: George M. White FAIA Architect of the Capital (202) 225-1200 ♦ Convention Center Hotel - San Diego, CA Over a 3 1/2 year period, we assisted and advised this client in a development program and financial packaging of a development of a 1,000 room headquarters hotel to-be-built in conjunction with a new convention center. Our work encompassed evaluating alterative development proposals, formulating a financial public investment package and negotiation of development deal terms with a major hotel developer. Contact: Gerald M. Trimble, Former Executive Director Centre City Development Corporation (619) 942-0380 ♦ Bell Atlantic Corporation - Metropolitan, Washington Over the past 6 years, we have worked on an ongoing basis for this owner of a substantial inventory of excess property in formulating joint venture development projects for major properties. In each of these, we have prepared initial market and financial evaluations of the opportunity, identified potential developer candidates, specified initial development deal terms, prepared request for proposals and evaluated proposal responses. Based on these, we have assisted this client in negotiating development ventures on several of these properties. Contact: Steven Masterman Manager of Real Estate (703) 974-6048 ♦ Champion Realty Corporation - Flemming Island, Florida Property We assisted this client in a strategy for the development of a substantial parcel of land, including an appropriate deal structure which balanced the corporation's financial objectives with traditional real estate financial structures. We then prepared solicitation materials, identified and targeted developers, reviewed developer proposals and assisted in selecting a preferred developer. Once the preferred developer was selected, we assisted and supported the client in negotiating a long-term development venture for the property. Contact: Roland Diaz President (713) 874-1700 We have recently been retained by Skopbank to serve as their development advisor on the redevelopment of the Martini Tower in downtown Brussels, Belgium, including solicitation and negotiation of a developer arrangement for the property. We have undertaken similar engagements for such as clients as DataPoint Corporation, Thompson Consumer Electronics, the Downtown Anchorage Development Corporation, and Lakeland Florida Downtown Development Authority. Related Experience The significant part of our practice involves working with existing owners, operators and developers of major real estate projects. In this regard, we are regularly involved in developing business and financial strategies for existing and to-be-built properties and performing many of the services identified in the scope of work under our RFP 81-92/93. A representative listing of these related hotel assignments include: ♦ Williams Hospitality - Puerto Rico We advised the owners of El San Juan, El Conquistador and the Condado Plaza in deciding as to the type of franchise best suited for the project given the advent of new hotel companies coming to the island. We also, assisted in the negotiations with the various hotel companies. ♦ Hyatt Regency - Miami We prepared an investment package on this property in order to obtain funding through European banks and additional equity partners. ♦ Hyatt Regency - St. John We worked with Skopbank in the selection and negotiation with Hyatt Hotels for the operation of this resort facility. ♦ The Colonnade Hotel - Coral Gables We assisted the buyers in the negotiation and extension of a management contract on this property and in determining the best strategy for the investment in terms of cost allocations and price structure. ♦ Biltmore Hotel - Coral Gables We worked with the City of Coral Gables in reviewing the investor package prepared by the current operators. ♦ Omni Hotel - Miami We advised the lender as to the management contract and a strategic plan for the property. ♦ Sheraton Hotel - Miami We worked with the insurance company to determine the best flag to place on this hotel and determine what amenity package the property would need in order to strengthen its market position. ♦ Miami International Airport Hotel - Miami Worked together with the government of Dade County in reviewing the operator packages for this property. ♦ The Ritz Plaza - Miami Beach We advised the owners as to the best operating structure to improve the cash flow, and methods to reposition this property. ♦ The Mayfair Hotel - Coconut Grove We advised the lender on the selection of a hotel operator and the negotiations of the management contract. We also assisted the owner in the operation of this facility for a period of 2 1/2 years. A directly related area of our practice involves the preparation of investment packages for owners. Recent representative assignments involving hotel investment packages prepared by our real capital markets practice include: - The Kilroy Airport Center - California - Rancho Bernardo Inn - California - Jumby Bay Hotel - Antigua - La Jolla Hotel - California - La Jolla/Collins Companies - 100 Park Avenue - New York City - Le Meridien Hotel - New York City - Hyatt Regency Maui and Waikiki REAL ESTATE ADVISORY SERVICES MICHAEL A. STEIN Principal Mr. Stein, a principal with Arthur Andersen & Co., Real Estate Services Group, has been part of the hospitality/resort real estate industry for the past 25 years. During this time, he has been involved in the management and planning of projects on a national and international scale. Some of his areas of specialization include operation and system reviews, management contract negotiations, assistance to on-site management in projections, economic property evaluation and appraisals of existing business ventures, tourism,fiscal and economic impact analysis. In addition, he has been involved in a number of transaction- related activities, including workouts for under-performing assets. His latest activities have included the asset management of six properties in the Southeastern United States for owners and/or financial institutions. He has conducted hundreds of engagements in the United States and is recognized by his peers as a leader in the hospitality/resort real estate consulting industry. Mr. Stein has served as an expert witness in a number hotel litigation cases. He has published numerous articles and has been invited to act as keynote speaker at many national and international conferences. Mr. Stein is a member of the Cornell Society of Hotelmen, The Board of Directors of the Greater Miami Hotel & Motel Association, Advisory Board Member of the Four Seasons Hotel, Lake of the Ozarks, Missouri. He is also strongly involved in community organizations in the Greater Miami area. Mr. Stein attended the University of Southern Mississippi receiving his Bachelor of Science degree in 1968. He continued his studies at Cornell University where he received a second degree in Hotel Administration. He attended the University of Miami (1976) and Yale University (1989) to complete work in accounting, finance, and advance management. Furthermore, his education has been enhanced by over 1000 hours of professional development courses. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP REAL ESTATE ADVISORY SERVICES J. KEVIN LAWLER Principal Mr. Lawler joined Arthur Andersen in 1973. He has directed a variety of assignments involving the application of market and financial analysis to solve development-related issues and to structure real estate investment/financing opportunities for private and public clients. Mr. Lawler is active in advising clients in the ownership, investment, financing and development of major real estate projects and assets. He recently completed a financial evaluation of a portfolio of 10 high profile downtown Washington, D.C. commercial office building for a to be formed R.E.I.T. and advised Deutsche Bank Realty Advisors on the strategic positioning of a portfolio of 12 major properties amounting to over 9.0 million " square feet of office and retail space and in excess of $1.2 billion in current value. Mr. Lawler recently completed for GTE Realty Corporation a strategic framework for their ownership interest in a major commercial mixed-use project in downtown Tampa and serves as the asset manager advisor on this property. Additionally, Mr. Lawler is currently completing an evaluation of a portfolio of 33 apartment properties with 13,000 units for a securitized financing transaction and is advising Dade County Aviation Department on the potential acquisition of the Miami Free Trade Zone and additional properties. Mr. Lawler is currently advising the International Monetary Fund and the National Rural Electric Cooperative Association on the acquisition/ development of a new headquarters and assisting Bell Atlantic on a development venture for a major office building. He has recently completed assignments for Thomson Consumer Electronics, American Psychological Association, the International Union of Bricklayers and Allied Craftsmen, the National Academy of Sciences, the Paralyzed Veterans of America, American Red Cross, Communication Workers of America, International Food Processors, the National Geographic Society, BASF Corporation; all these assignments have involved advising and representing these clients in the negotiation of leases, joint ventures and the purchase of commercial office buildings. He has been active in advising substantial landowners and developers throughout the Washington, D.C. Metropolitan Area, as well as Northern New Jersey, suburban Baltimore, and Tampa/St. Petersburg, Palm Beach, Ft. Lauderdale and Miami, Florida on commercial development. Mr. Lawler has extensive experience in all facets of large scale land development. He has advised a Japanese financial organization in the acquisition of several large hotel and resort development properties. He has been deeply involved in analyzing potentials and the strategic structure of development programs and financial feasibility of multi-year, multi-use development projects in Tampa, Orlando, Ft. Myers/Cape Coral and West Palm Beach, Florida; Northern New Jersey; the Washington and Baltimore corridors and Southern California in recent years. These assignments have involved substantial land holdings to-be- developed with mixed residential densities and related amenities, commercial office, community and regional shopping centers, and hotel uses. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP REAL ESTATE ADVISORY SERVICES Mr. Lawler has served as an advisor to both public agencies and private interest in the formation of"public-private"development ventures. Specifically, he served as the real estate advisor to San Diego's Centre City Development Corporation on the development of a 1,000 room hotel in conjunction with a new convention center. He has also advised the Municipality of Anchorage, Alaska, the Downtown Development Authority of Lakeland and Tampa, Florida and the City of Hoboken, NJ on major commercial development projects. For private developers, he has been actively involved in analyzing and structuring real estate development ventures involving public participation. Mr. Lawler holds a B.S. from Michigan State University and a Masters of City Planning from Harvard University. He served as an advisor to the National Trust for Historic Preservation, representing the District of Columbia between 1977 and 1980. He was a graduate instructor in Land Economics and Real Estate Investment Analysis at George Washington University for several years. Mr. Lawler recently taught an advanced real estate investment and finance course through the University of Maryland. He has lectured extensively on real estate development and finance at Wharton School (University of Pennsylvania), Harvard Business School and Georgetown University. Mr. Lawler is a member of the Urban Land Institute. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP REAL ESTATE ADVISORY SERVICES DAVID W. HEATH Manager David Heath, a Manager with Arthur Andersen & Co's Real Estate Services Group, provides operational and development consulting services for the real estate industry. Mr. Heath has an extensive hospitality mar agement background; his consultingexperience includes operational consulting as well as market and financial analysis for hotels, , restaurants, airports and planned comrrr inities. Among Mr. Heath's areas of specialization include the following: • Strategic planning, market repositioning and workouts for distressed hotels and resorts; • Development planning, market evaluation and financial analysis for hotel, resort, casino and planned community developments; and • Analysis of operational effectiveness with a view toward improving the overall profitability of hotels, resorts and private clubs, through innovative marketing, enhanced internal controls and labor productivity management. At the outset of his career, Mr. Heath worked for more than teny ears in various management capacities in hotel and restaurant operations with, among other companies, Hyatt Hotels and the Ritz-Carlton Hotel Company. Prior to joining Arthur Andersen, Mr. Heath supervised the Florida hospitality operational consulting practice of Laventhol & Horwath and directed numerous consulting engagements in Florida and the Caribbean. Mr. Heath attended the University of Massachusetts at Amherst, receiving his Bachelor of Science (Cum Laude) in Hotel Administration with election to the Eta Sigma Delta National Honor Society in 1980. He continued his education by attending Northeastern University in Boston, completing the Master of Business Administration program in 1989. Mr. Heath currently conducts continuing education seminars on Internal Controls for Hotels and Restaurants for the American Institute of Certified Public Accountants. Mr. Heath has also guest lectured at the University of New Hampshire, the University of Massachusetts, and for the Florida Restaurant Association. 1 ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP • REAL ESTATE ADVISORY SERVICES FEE PROPOSAL * * The fee structure is presented in the original proposal only. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP REAL ESTATE ADVISORY SERVICES PUBLIC ENTITY CRIMES, SWORN STATEMENTS ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), • FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MAST 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 Michael A . Stein (print individual's name and title) for Arthur Andersen & Co . (print name of entity submitting sworn statement) whose business address is One Biscayne Tower , Suite 2100 N ' 11 . • ' I . and (if applicable) its Federal Employer Identification Number (FEIN) is 36-0732690 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state 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 States, 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 state trial court of record relating to charges brought by indictment or information after July 1, 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: 1. 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 arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint 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 taws of any state or of the United States 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 statement. (indicate which statement applies.) X Neither the entity submitting this sworn statement, 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 of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the 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 charged with and convicted of a public entity crime subsequent to July 1, 1989. RFP NO: 81-92/93 DATE: 5/14/93 CITY OF MIAMI BEACH 8 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 charged with and convicted of a public entity crime subsequent to July 1, 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 determined 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 final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (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 INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 46(114‘A‘-' (Signature) June 2 , 1993 STATE OF Florida (date) COUNTY OF Dade PERSONALLY APPEARED BEFORE ME, the undersigned authority, Michael A . Stein , who, after first being sworn by me, affixed his/her signature in the space provided above on this 2nd day of June , 19 9 1. \ / 914I (UBLI My Commission Expires: 49 `011 PV4 OPPICIAL NOTARY UAL O , ■YMA• $ SANTINI/ * It' coss�ON Iiv IWI CC1$2s44 vr. O; rw 4F SY CO S 3alON UP. OF f. DEC. • 1,I, FORM PUR 7068 (Rev. 06/05/91) RFP NO: 81-92/93 DATE: 5/14/93 CITY OF MIAMI BEACH 9