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99-23240 RESO RESOLUTION NO. 99-23240 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE BOOKING POLICY FOR THE MIAMI BEACH CONVENTION CENTER REGARDING DATE PROTECTION REVIEW CRITERIA AND TOTAL NUMBER OF DAYS FOR DATE PROTECTION. WHEREAS, the Mayor and City Commission previously approved the Booking Policy for the Miami Beach Convention Center on June 7, 1989, which policy was amended on October 4, 1989; June 6,1990; July 8,1992; June 3,1998; and May 12, 1999, respectively; and WHEREAS, at the regular meeting ofthe Convention Center Advisory Board (CCAB) on May 27, 1999, the CCAB, per the Mayor and City Commission's direction, reviewed and approved recommended language for continued Date Protection review criteria, and total number of days for Date Protection; and WHEREAS, the Administration has reviewed the CCAB's recommendations, and recommends adoption of its recommended review criteria for continued Date Protection, but would recommend that said clauses be for a Protection period of up to sixty (60) days, versus the CCAB's recommendation of seventy-five (75) days; and WHEREAS, the Administration further recommends that the approval of the Date Protection Clause be granted by the City Manager upon recommendation from SMG and the CCAB pursuant to the last Amendment to the Booking Policy, dated May 12, 1999; and WHEREAS, accordingly the Administration would recommend that the Mayor and City Commission approve the attached Amendment to the Booking Policy for the Miami Beach Convention Center. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the attached Amendment to the Booking Policy for the Miami Beach Convention Center, regarding Date Protection review criteria, and total number of days for Date Protection, PASSED and ADOPTED this 7th day of JUPg ,1999. ~YOR ATTEST: ~UcuJM CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~~-~J77 Ciiy Attorney Date SR:MDB:DWf F:\CONVCNTR\OOUG\ WordDocumcnts\City COITCspondcncc\CommRcsoBookingPolicyRc,.070799.doc ~ITY OF MIAMI BEACH IlY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 clp:\\ci.m iami-beach. fl. us COMMISSION MEMORANDUM NO. 5o~"9 '\ TO: Mayor Neisen O. Kasdin and Members of the City Co mission DATE: July 7, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU ON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE BOOKING POLICY FOR THE MIAMI BEACH CONVENTION CENTER REGARDING DATE PROTECTION REVIEW CRITERIA AND TOTAL NUMBER OF DAYS FOR DATE PROTECTION. ADMINISTRATION RECOMMENDATION: Adopt the Resolution, BACKGROUND: On May 12, 1999, the City Commission by Resolution No, 356-99 approved a revision to the Miami Beach Convention Center Booking Policy setting a review procedure for re-certification of First Priority events and review of the inclusion of Date Protection clauses in Lease Agreements. This Booking Policy is used to determine scheduling priorities for events at the Center. The Date Protection clause allows an event to have a non-compete window of up to sixty days surrounding its event to preclude similar type shows from occurring, At that time, it was noted that the June 3, 1998 revision included a typographical error in the 1998 revision stating that the Date Protection clause would be up to sixty days, instead of the seventy-five days as approved in the July 8, 1992 reViSIOn. The Commission on May 12, 1999, voted to refer the question of sixty vs. seventy-five days back to the Convention Center Advisory Board for its recommendation, At its regular meeting of May 27, .1999, the Convention Center Advisory Board unanimously voted to uphold the previous version of the Policy allowing for up to seventy five days for Date Protection. AGENDAITEM~ DATE l -1-'L5. In addition, the Commission requested that the Advisory Board also develop criteria to be used in the review regarding continuance of issuance of Date Protection for events. The Board unanimously adopted the following language: ANAL YSIS: In consideration for the continuation of a Date Protection clause inclusion in subsequent lease agreements, the Convention Center Advisory Board's recommendation and City Manager's approval shall consider the following criteria: * Required usage of at least 115,000 gross square feet of exhibit space Event history and trending of total revenue to the Miami Beach Convention Center Event history and trending of net square footage utilized in the Miami Beach Convention Center Event history and trending of attendance in the Miami Beach Convention Center Timeliness and adherence to payment terms at the Miami Beach Convention Center Continuous scheduled presentation of the event at the Miami Beach Convention Center Compliance by lessee with Miami Beach Convention Center building operating policies and procedures * * * * * * Lastly, the Convention Center Advisory Board also reaffirmed its position that final approval and granting of original and subsequent date protection clauses rest with the CCAB and not with the City Manager. The approval of Date Protection Clauses is typically not granted by Advisory Boards in convention centers surveyed throughout the Country. The granting of Date Protection by the Advisory Board, would therefore be contradictory with the practice of other centers throughout the Country and with the role of Advisory Boards in the City. Approval of Date Protection by SMG is not recommended because it may be granted in a contract for an event that is held beyond the contract term ofSMG. CONCLUSION: The Administration supports the Convention Center Advisory Board recommendations regarding review criteria for continuation of Date Protection clauses. The Administration recommends that the issuance of up to sixty days of Date Protection affords sufficient protection for established events, without jeopardizing loss of business opportunities, and that Date Protection should be approved by the City Manager with recommendation from SMG, and the CCAB. SR:MDB:DT~ Attachments M:\$CMB\ TEMP\BOOKINGP\BKMEM2ND.DOC