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Management Agreement with Global Spectrum, L.P. dba OVG360Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,FLORIDA AND GLOBAL SPECTRUM,L.P.,dba OVG360 FOR THE MIAMI BEACH CONVENTION CENTER Dated as of October 1,2024 Docusign Envelope ID:A3C1657 1-26E5-4974-BF82-893D84620B2B MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (this "Agreement")is dated as of the 1st day of October,2024,by and between the CITY OF MIAMI BEACH,a Florida municipal corporation,having its principal office at City Hall,1700 Convention Center Drive,Miami Beach,Florida 33139 (the City"),and GLOBAL SPECTRUM.L.P.,a Delaware limited partnership doing business as OVG360,whose current address is 5050 S Syracuse St.Suite 800,Denver,Colorado 80237 ("Global"). RECITALS WHEREAS,the City is the owner of the Miami Beach Convention Center (the "Convention Center"),including therein,without limitation,all respective adjacent grounds,sidewalks,rights-of-way and marshaling areas,including the two (2)innermost lanes on Convention Center Drive;located in the City of Miami Beach,Florida (individually,the "Convention Center"may be referred to herein as the Facility"and, collectively with Collins Canal Park,Collins Canal Mangroves.and the Carl Fisher Clubhouse and Annex,the "Facilities") WHEREAS,the City and Global are parties ta a Management Agreement dated October 7,2013,which agreement was subsequently amended and extended, pursuant ta which the City engaged Global to manage and operate the Convention Center and,subsequently.the Facilities,through March 31,2024 (as amended,the "Original Agreement"). WHEREAS,on September 13,2023,the Mayor and City Commission approved Resolution 2023-32722 accepting the recommendation of the City Manager and authorizing the City to enter into negotiations with Global Spectrum,L.P.d/b/a OVG360, and requiring the final term sheet be subject to approval by the Mayor and City Commission. WHEREAS,on February 21,2024,the Mayor and City Commission approved Resolution 2024-32912 authorizing Amendment No.5 to extend the term of the Original Agreement for an additional six (6)months commencing on April 1,2024 and expiring on September 30,2024. WHEREAS,the City and Global have negotiated the fallowing Agreement,whereby the City wishes to again engage Global,and Global hereby accepts such engagement,to provide management services for the Facilities on the terms and conditions set forth herein. 1 1 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B WHEREAS,on September 11,2024,the Mayor and City Commission approved Amendment No.6 to the Agreement extending the term of the Agreement on a month-to- month basis,not to exceed three (3)months from October 1,2024,through December 31, 2024 to allow the parties additional time to finalize the key terms of the Agreement. NOW,THEREFORE,in consideration of the mutual premises,covenants and agreements herein contained,the parties hereto,intending to be legally bound, hereby agree as follows: 1.Definitions For purposes of this Agreement,the following terms have the meanings referred to in this Section 1. "Advisory Board"--the Miami Beach Convention Center Advisory Board, or such other successor entity as may be established by the City Commission. "Affiliate"--a person or entity that directly or indirectly,through one or more intermediaries,controls or is controlled by,or is under common control with,a specified person.For purposes of this definition,"control"means ownership of equity securities or other ownership interests which represent more than 25%of the voting power in the controlled person or entity. "Approved Budget"--any budget submitted by Global,as approved by the City pursuant to Section 5 hereof. "Capital Contribution -as defined in Section 5. "Capital Equipment --any and all furniture,fixtures,machinery or equipment,either additional or replacement,having a per item original cost of $500 or more or an expected useful life of more than one year. "Capital Improvements"--any and all building additions,alterations, renovations.repairs or improvements that have an initial dollar cost of not less than $500 per project. "Carl Fisher Club House and Annex"or "CFCH"as defined in Section 13.16.2 City"--as defined in the first paragraph of this Agreement. 2 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B "City Agreements"--those agreements between the City and a third party relating to the Facilities and listed in Exhibit "A"attached hereto. City Commission"-the governing legislative body of the City. City Manager"--the chief executive officer of the City,or such person as may from time to time be authorized in writing by such administrative official to act for him/her with respect to any or all matters pertaining to this Agreement. Commencement Date"-as defined in Section 3.1 hereof. "Convention Center"--as defined in the Recitals section of this Agreement. "Event"-all uses of the Convention Center which involve a scheduled beginning and ending time.This shall typically mean the period commencing upon ''load- in"of the Event;the Event itself;and ending upon conclusion of "load-out"of the Event. "Event Expenses"-any and all expenses incurred,or payments made by Global in connection with the occurrence of Events at the Facilities,including,without limitation,costs for Event staffing (including maintenance,management,operations, security and other Event staff),and costs relating to set-up and clean-up. "Executive Compensation Amount"as defined in Section 4.2(a). "Executive Employee Benefit/Bonus Amount"-the aggregate amount of bonuses payable to,and the cost of benefits accruing to,Executive Level Employees of Global and any Related Party of Global at the Facilities for a Fiscal Year,which amount shall be mutually determined and agreed upon,in writing,by the City and Global as part of the development of each annual operating budget for a Fiscal Year pursuant to Section 5.3. "Executive Employee Salaries"-salaries and wages of Executive Level Employees of Global and any Related Party of Global at the Facility for a Fiscal Year. "Executive Level Employees"-unless otherwise determined by bond counsel for the City that the term "Executive Level Employees"shall include and/or exclude other employees,"Executive Level Employees"shall mean the General Manager, Assistant General Manager,Director of Operations,Director of Human Resources, Director of Finance,Director of Marketing,Director of Sales and/or Marketing,Director of Public Safety and Transportation,and Director of Event Services,which the parties agree includes all of Global's director or executive level employees at the Facilities. 3 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B "Facility"and/or "Facilities"-(i)Convention Center,having a physical address of 1901 Convention Center Drive,Miami Beach,Florida 33139 (as defined in the Recitals section of this Agreement),shall include the entire Facility complex including, without limitation,the exhibit halls,meeting rooms,common areas,lobby areas.executive offices,storage and utility facilities,and the entrances and loading dock areas,(ii)the Collins Canal Park.Collins Canal Mangroves,and (iii)Carl Fisher Clubhouse and Annex as illustrated in Exhibit "K",and as defined herein.For the sake of clarity,the term "Facility"and "Facilities"shall specifically exclude Pride Park.If,during the Term,the City elects to have Global manage,promote,and operate other City facilities pursuant to Section 2.2(b)hereof (the "Additional Facilities"),such other facilities shall also be deemed included within the definition of Facility and/or Facilities hereunder. "Fiscal Year"-each one-year period during the Term beginning October 1 and ending September 30,with the first (1)Fiscal Year commencing on October 1, 2024. "Force Majeure"-as defined in Section 13.5 "Global"-Global Spectrum,L.P,d/b/a OVG360 -as defined in the first paragraph of this Agreement. "Global Capital Contributions"-collectively,the Capital Contribution,the Internship Contribution,as defined in Section 5.9(a),and any other capital contributions as may be mutually agreed to by Global and the City. "Gross Operating Revenues"-(a)any and all revenues of every kind or nature derived from owning,operating,managing,maintaining,promoting,or marketing the Facilities including,without limitation:license,lease and concession fees and rentals; service revenues:revenues from merchandise sales;advertising sales;naming and sponsorship rights {as provided in Section 2.3(n));equipment rentals;utility revenues; revenues from operation of the Convention Center's telephone switch and telecommunications services;food and beverage and concession revenue;commissions or other revenues from decoration and set-up;security and other subcontractors; miscellaneous operating revenues;and interest revenues,all as determined in accordance with generally accepted accounting principles and recognized on a full accrual basis.The parties acknowledge that revenues from the sale of tickets for Events at the Facilities are not Gross Operating Revenues,but are instead revenues of the promoter and/or performer of each such Event (as the case may be);provided,however, that to the extent that Global collects such ticket sale revenues on behalf of Event promoters and/or performers,such ticket sale revenues shall be the source of funds from which Global collects the rental charges and other Event reimbursements due by such d i Docusign Envelope ID:A3C16571-26E5-4974-8F82-8930846202B promoters and/or performers for use of the Facility (which such charges and reimbursements are deemed Gross Operating Revenues hereunder). (b)Solely for purposes of (i)calculating Net Operating Loss/Profit,and (ii)identifying Gross Operating Revenues which will be budgeted in Approved Budgets,Gross Operating Revenues from all Events at the Facilities will be calculated to exclude sales taxes generated in connection with such Events,In addition, solely for the purposes of calculating Net Operating Loss/Profit,any Convention Development Tax monies and any interest earned thereon,shall not be deemed Gross Operating Revenues hereunder. "Management Fee"-as defined in Section 4.1(a) "Net Operating Loss/Profit"--with respect to a Fiscal Year,the excess,if any,of Operating Expenses for such Fiscal Year over Gross Operating Revenues for such Fiscal Year,in the case of a loss;and the excess,if any,of Gross Operating Revenues for such Fiscal Year over Gross Operating Expenses for such Fiscal Year,in the case of a profit. "Operating Expenses"-(a)any and all expenses and expenditures of whatever kind or nature incurred,directly or indirectly,by Global in managing,operating, maintaining,promoting and marketing the Facilities,including.without limitation: employee compensation and related expenses (e.g.,base salaries,bonuses,car allowances and severance pay [in accordance with Global's established policy,a copy of which will be provided to the City on or before the Commencement Date of this Agreement,except that severance pay shall not be considered an Operating Expense if paid by Global to its employees as a result of early termination of this Agreement due to a default by Global]):employee benefits and related costs (e.g.,relocation and other related expenses pursuant to Global's relocation policy (a copy of which will be provided to the City on or before the Commencement Date of this Agreement);parking and other fringe benefits (including,without limitation,Executive Employee Salaries and the Executive Employee Benefit/Bonus Amount);supplies,material and parts costs:costs of any contractors;advertising,marketing and public relations costs and commissions; janitorial and cleaning expenses;data processing costs;dues,subscriptions and membership costs;the amortized amount of the Capital Contribution;the costs of procuring and maintaining the insurance required to be obtained by Global under this Agreement;amounts expended to procure and maintain permits and licenses;taxes and excises;professional fees;printing and stationery costs;Event Expenses;postage and freight costs;equipment rental costs;computer equipment leases and line charges: telephone switch and telecommunications services;repairs and maintenance costs (e.g., elevators and HVAC);security expenses;utility and telephone charges;travel and 5 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2 entertainment expenses (in accordance with the "Runzheimer Meal-Lodging Cost Index" or a comparable index);the cost of employee uniforms;safety and medical expenses; exterminator and waste disposal costs;costs relating to the maintenance of signage inventory and systems;the cost of annual independent audits of the Facilities;the cost of compliance with Laws (as defined in Section 11 2);the internal service charges assessed by the City to the Facilities pursuant to Approved Budgets (which charges include,without limitation,property insurance premium costs,sewer charges,and communication/information technology charges);costs incurred under agreements, commitments,licenses and contracts executed as provided in Sections 2.3(c).(d),and (e)hereof;and the Management Fee payable to Global pursuant to Section 4.1 (a)hereof, all as determined in accordance with generally accepted accounting principles and recognized on a full accrual basis;(provided that Operating Expenses shall not include expenses or expenditures in connection with Capital Improvements and Capital Equipment purchases,the Incentive Fee payable to Global pursuant to Section 4.3 and Exhibit ""hereof,and any expenses relating to Global personnel based in Global's corporate headquarters in Philadelphia,Pennsylvania or Denver,Colorado,or its regional field locations (other than the reasonable costs of travel by such corporate or regional personnel in connection with Global's management of the Facilities,which costs shall be Operating Expenses). (b)Solely for purposes of calculating Net Operating Loss/Profit hereunder,(i)the internal service charges assessed by the City to the Facilities pursuant to Approved Budgets,and (ii)emergency expenditures pursuant to Section 2.3(t)hereof, to the extent not included in the Approved Budgets,shall not be deemed Operating Expenses hereunder.In addition,and solely for purposes of (i)calculating Net Operating Loss/Profit hereunder,and (ii)identifying Operating Expenses which will be budgeted in Approved Budgets,(A)all extraordinary expenses and all interest,income tax, depreciation and amortization expenses including,without limitation,depreciation and amortization on Global's Capital Contribution,and (B)the Management Fee,shall not be deemed Operating Expenses hereunder. "Related Party"or "Related Parties"has the meaning provided in $1.150-1 of the Income Tax Regulations promulgated by the United States Department of the Treasury pursuant to the Code. "Renewal Term"-as defined in Section 3.2 of this Agreement. "Term"-as defined in Section 3.1 of this Agreement,provided however,if this Agreement is extended for a Renewal Term,all references to "Term"contained herein shall also include such Renewal Term. 6 Docusign Envelope ID:A3C16571-26E5-4974-BF82-8930846202B 2. 21 Engagement of Global;Scope of Services. Engagement. (a)General Scope.The City hereby engages Global to manage.operate,maintain. promote,and market the Facilities during the Term,upon the terms and conditions set forth in this Agreement.Global hereby accepts such engagement and shall perform the services described herein,subject to the terms and conditions in this Agreement. (b)Manager of Facilities.Subject to the terms and conditions of this Agreement, Global shall be the sole and exclusive manager of the City to manage,operate,maintain, promote,and market the Facilities during the Term.In such capacity,and except as otherwise expressly reserved under this Agreement to the City,and/or except for such matters as are subject to the approval of the City Commission or City Manager,Global shall have exclusive authority over the day-to-day operation.management and maintenance of the Facilities and all activities therein;provided that Global shall follow all policies and guidelines of the City,as may exist as of the Commencement Date of this Agreement,and as may be hereinafter established or amended by the City,in its sole judgment and discretion. 2.2 Scope of Services. (a)General.Global shall perform and furnish such services,personnel,systems, supplies,and materials,as necessary to manage,operate,maintain,promote,and market the Facilities in a manner consistent with the management,operation,maintenance, promotion,and marketing of other first-class facilities comparable to the Facilities. (b)Additional Facilities.Subject to Section 4.1(c)hereof,the City may elect,upon sixty (60)days prior written notice to Global,at any time during the Term.to have Global operate,manage,maintain,promote,and market other City facilities.Such facilities are referred to herein,as elected by the City,as the Additional Facilities" (c)Convention Center Booking Policies.The Greater Miami Convention and Visitors Bureau ("GMCVB")has the primary responsibility for marketing the Convention Center for conventions and trade shows and,to carry out this responsibility,the GMCVB shall have control over bookings more than twenty-four (24)months in advance (i.e.long-term bookings).However,all such long-term bookings shall be coordinated with Global before commitment.Global will work proactively with the GMCVB in connection with the long- term bookings.The GMCVB may also book conventions and trade shows into the Convention Center with less than twenty-four (24)months'lead time (i)if the dates have not been confirmed to other users;and (ii)subject to the prior written approval of Global. Additionally,subject to compliance with the Convention Center Booking Policies,attached 7 L Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B as Exhibit "B"hereto,and as same may be amended from time to time in the City's sole judgment and discretion (Exhibit "B"and any amendments thereto.hereinafter referred to as the "Convention Center Booking Policies"),Global may book conventions,trade shows and any other Event at the Convention Center with more than twenty-four (24)months' lead time if the dates have not been confirmed to other users.Global shall first consult with the GMCVB to verify whether a specific date (or dates)has (or have)not been confirmed (by the GMCVB)to another user.prior to Global booking such conventions, trade shows,and/or other Events. Global shall have the primary responsibility and sole authority,subject to the Convention Center Booking Policies,to approve the scheduling of any Event in the Convention Center within the twenty-four (24)month booking window. 2.3 Specific Services. Without limiting the generality of the foregoing,and except as otherwise expressly noted in this Agreement,Global shall have the primary responsibility and sole authority to: (a)Hire or otherwise engage,pay,train,supervise,and direct all employees and personnel it deems necessary for the management,operation,maintenance,promotion, and marketing of the Facilities in accordance with the provisions of this Agreement,and in a manner consistent with the management,operation,maintenance.promotion,and marketing of other first-class facilities comparable to the Facilities (b)Provide,or cause to be provided,to the Advisory Board,periodic status reports as to performance,and provide (or cause to be provided)recommendations for improvements. (c)Except as otherwise provided in Section 10.2(a),negotiate;execute in its name, as manager for the City;deliver;administer;manage;and assure compliance with any and all leases,license agreements.occupancy agreements,rental agreements,booking commitments,concession agreements,supplier agreements,service contracts (including,without limitation,contracts for cleaning,decorating,set-up,emergency services,general maintenance,maintenance and inspection of HVAC systems,elevators, stage equipment,fire control panels and other safety equipment,staffing and personnel needs,including guards telephone,extermination,and other services.which are necessary or appropriate),and any and all other contracts and agreements in connection with the management,maintenance,operation,promotion,and marketing of the Facilities. For purposes of the following subsections 2.3 (c)(1)and (2),the preceding agreements shall be referred to as the "Facilities Agreements." 1 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B (1)Provided that (A)if any such Facilities Agreement or Agreements (other than those involving the license,lease,or rental of the Facilities for Events)has a term that extends beyond the remaining Term,and/or is of a non-traditional nature (such as,by example,co-promotion agreements),such Facilities Agreement (or Agreements) must be approved and executed by the City Manager;and (B)if any Facilities Agreement or Agreements (other than those involving the license,lease or rental of the Facilities for Events)is to be renewed or entered into at the commencement of a Fiscal Year,such Facilities Agreement (or Agreements)shall be reviewed in conjunction with the annual budget review process described in Section 5.3 hereof. (2)Provided further,that any contract entered into between Global and an Affiliate of Global,and/or a subsidiary,parent company,and/or sister company (i.e.a company owned by an entity which is an owner or Affiliate of Global)of Global shall be: (A)subject to the prior written approval of the City Manager;(B)shall be at terms and for prices customarily charged for comparable goods supplied and/or services furnished., and (C)shall be competitive within the industry,subject to submittal of documentation evidencing the competitive nature of the goods and/or services submitted. (3)Clarification of Certain Vendor Contracting Obligations.In connection with any vendor contracts (not including any contracts for the license,lease or rental of the Facilities)proposed to have a term that extends beyond the remaining term of this Agreement,or otherwise covered by Section 2.3(c)(1)of this Agreement,Global shall coordinate the procurement of such contracts through the City's Procurement Department, for approval by the City in accordance with its standard procurement requirements. (4)Bond Financing.Global acknowledges that the Convention Center is financed in part with the proceeds of one or more series of tax-exempt bonds,and that, during the Term hereof,the City may choose,at its option,to finance additional improvements (whether to the Convention Center or to any or all of the other Facilities) with tax-exempt bonds (collectively,any present and future tax-exempt bonds encumbering a Facility or the Facilities shall be referred to as the "Bonds").The City shall ensure that it is preserving the tax-exempt nature of the Bonds and complying with applicable Treasury regulations (the "Treasury Regulations")promulgated under the Internal Revenue Code of 1986,as amended (the "Code").In this regard,Global acknowledges and agrees that in addition to any other contracts requiring the approval of the City Manager,to preserve the tax-exempt nature of the Bonds,each of the following described contracts must be approved by the City Manager,in writing,before execution thereof by Global: (i)Any contract relating to the Facilities which grants a leasehold interest or other real estate interest in the Facilities (other than a short-term lease,license or rental for an Event at a Facility)or grants a right to use the Facilities on a basis different 9 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620 2B from that of the general public,unless such use satisfies a short term use exception as described in Section 1.141-3(d)(3)of the Treasury Regulations. (ii)Any contract for the use of the Facilities for Events where the term of such use exceeds fifty (50)days in the aggregate,including all renewal options. (iii)Any other contract relating to the Facilities which grants special legal entitlements to beneficial use of the Facilities or special economic benefits, within the meaning of Section 1.141-3(b )(7)of the Treasury Regulations,unless such contract satisfies an exception set forth in the Treasury Regulations. (d)To the extent the City Agreements,and such other licenses,agreements, commitments,and/or contracts,as contemplated in Section 2.3(c)hereof,are not already procured,or if such existing contracts expire or are terminated,procure,negotiate, execute (as manager for the City),administer,and assure compliance with all subsequent new licenses,agreements,commitments,and/or contracts with respect to the Facilities. (e)Notwithstanding Sections 2.3 (c),(d).and (e)hereof,or any other provision of the Agreement,Global shall obtain the prior written approval of the City Manager before entering into any contract that is a Material Contract.For purposes of this Agreement,a "Material Contract"is defined as (1)any agreement that requires payments in excess of One Hundred Thousand Dollars ($100,000)in any Fiscal Year;(2)any contract that permits or grants to any vendor or other party any right to (A)exclusively provide goods or services to a Facility or to the Facilities;or (B)advertise or market its role as an exclusive or official provider of goods or services for a Facility or the Facilities;(3)any contract that has a term that expires after the end of the Term;(4)contracts for Events that are owned,operated,promoted,or co-promoted by Global or any of its Affiliates or subsidiaries,its parent company,or a sister company,or wherein the revenues generated by an Event are otherwise shared with Global or any of its Affiliates or subsidiaries,its parent company,or a sister company;(5)any contract between Global and any of its Affiliates or subsidiaries,its parent company,or a sister company;and (6)a contract for the use,rental or occupancy of space in a Facility that is not substantially in the form of the City's standard form agreement for each Facility (attached as Exhibit "E"hereto). Additionally,a Material Contract shall also include any contract pursuant to which Global is sub-contracting with a third party for goods or services which Global is charged with supplying and/or performing under this Agreement; (f)Follow each Facility's booking policies and hold the master set of all booking records and schedules (for each Facility).Global shall,from time to time,review the booking policies for each Facility and recommend changes,if any,to the City.Global's recommended changes to the Convention Center Booking Policies shall be subject to the 10 I Docusign Envelope ID:A3C16571-26E5-4974-8F82-893D84620B2B review and recommendation of the Advisory Board.Notwithstanding the preceding,any changes and or other amendments to any Facility's booking policies shall be subject to prior revie w by the City Manager and final approval by the City Commission; (g)(1)Maintain the Facilities (including,without limitation,all structural components thereof and all electrical,HVAC,life safety,mechanical,plumbing and other systems and equipment)in a good and clean condition consistent with other similar first- class facilities managed by Global,and in compliance with all Laws,ordinary wear and tear excepted.Maintenance responsibilities shall include,without limitation,repairs and replacements (structural,non-structural capital,and non-capital,but not including Capital Equipment and Capital Improvements unless funded by the City),and preventive maintenance,and equipment servicing. (2)Global shall be responsible for ensuring that all maintenance, repairs,and replacements,shall be of a quality and class at least equal to that of the item being maintained,repaired,or replaced;provided that the City shall be responsible for. with cooperation and assistance of Global,undertaking all Capital Improvements and Capital Equipment purchases,as provided in Section 5.7. (3)Notwithstanding anything in this subsection 2.3(g)or in the Agreement.at no time shall the maintenance of a Facility fall below the minimum standards required by Exhibit "F",attached hereto. (4)At all times during the Term hereof,Global shall maintain in full force and effect service contracts with qualified and licensed service providers with respect to HVAC,roof,and elevator systems. (5)Global shall keep on-site maintenance manuals and records reflecting its maintenance activities at each Facility,all of which shall be available for inspection,upon request,by the City Manager. (6)Global shall submit to the City Manager,as part of its reporting requirements pursuant to Section 6.3 hereof,monthly reports specifying all maintenance work performed during such period.which reports shall be used and relied upon by the City (through its Facilities and Fleet Management Department or an independent consultant retained by the City)as part of annual Facility maintenance inspections and reviews. (7)Global warrants and represents to the City that,prior to the Commencement Date,Global has inspected each Facility and hereby accepts each Facility "AS-IS,WHERE-IS and with ALL FAUL TS." 11 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D846202 (h)Rent,lease,or purchase all equipment and maintenance supplies necessary for the operation and maintenance of the Facilities;provided that the City,with direction,cooperation and assistance of Global,shall be responsible for undertaking all Capital Improvements and Capital Equipment purchases as provided in Section 5.7, (i)Establish and adjust prices,rates,and rate schedules,for the aforesaid licenses,agreements and contracts,and any other commitments relating to the Facilities and to be negotiated by Global in the course of its management,operation, maintenance,promotion and marketing of the Facilities.In determining such prices, rates,and rate schedules.Global shall evaluate comparable charges for similar goods and services at similar and/or competing facilities to establish a range of prices and rates. Global shall consult with the City Manager about any proposed adjustments to the rate schedules at the Facilities. (j)Pay,when due,on behalf of the City,all Operating Expenses from accounts established pursuant to Sections 5.6 hereof; (k}After consultation with the City Manager and the City Attorney,and subject to the prior written approval of the City Attorney,institute,as manager for the City, and at the reasonable expense of the City,such legal actions or proceedings necessary or appropriate in connection with the operation of the Facilities,including,without limitation,to collect charges,rents or other revenues due to the City,or to cancel, terminate or sue for damages under any license,agreement,commitment or contract,for the breach thereof or default thereunder; (I)Provide day-to-day administrative services in support of its management activities consistent with such supervisory services as necessary to ensure that the Facilities shall be operated in a first class manner and with standards comparable to other first class facilities comparable to the Facilities including,without limitation,the acquisition of services,equipment,supplies and facilities,internal budgeting and accounting,maintenance and property management,personnel management,record- keeping,collections and billing,and similar services; (m)Engage in such advertising,solicitation,and such other marketing and promotional activities,as Global deems necessary to promote and market the Convention Center,conventions,trade shows,and other Events.Global shall work with the GMCVB,Facility users,and/or such City boards,agencies,and committees as may be determined by the City Manager,in his or her sole judgment and discretion,to market and promote the Facilities,and engage in all future activities necessary to develop and maintain current and relevant strategic marketing plans.Global also shall submit to the 12 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B City,no later than October 1 of each Fiscal Year,an update to the strategic five (5)year plan for marketing and promotion of each Facility,as required in Section 6.4 hereof; (n)Notwithstanding subsection (m)above,or any other provision of this Agreement,Global shall not engage in the selling of sponsorships,advertising inventory, product rights,or naming rights for the Facilities without the prior written approval of the City Manager or (if required pursuant to the City Code)of the City Commission.The City reserves all so-called "naming rights"(i.e.the right to name the Facilities or portions thereof),and all revenues derived therefrom,to any and all exterior portions of the Facilities including,without limitation,any sponsorship names and/or rights in connection with such naming rights.The City also reserves approval over all naming rights to any and all interior portions of the Facilities including,without limitation,any sponsorship names and/or rights in connection with such naming rights,and all revenues derived therefrom;except that revenues from interior naming rights and/or sponsorship agreements negotiated by Global which (as provided in the terms contained therein)are intended to be effective for a limited number of years (as opposed to on an indefinite or permanent basis),which may or may not exceed the Term,may be included by Global as Gross Operating Revenues,but only as received,on a year to year basis. Notwithstanding anything in this subsection (n),Global shall not be precluded from allowing Event sponsors from using temporary banners and temporary signage in the exterior and/or interior portions of the Facilities throughout the duration of the Event, subject to the prior written approval of the City Manager.Notwithstanding anything in this subsection (n)or in this Agreement,no sponsorships,advertising,product rights,and/or naming rights negotiated by Global,and/or temporary banners or temporary signage negotiated by Global for Event sponsors,shall include the names of any company selling the following types of products (Prohibited Names"):guns,tobacco,or sexual products; (o)Engage a third party (currently Smart City)to operate the Convention Center's telephone,computer,internet and all other telecommunications services, systems,storage,and security; (p)Global shall include a provision in the Event Planning Guide notifying all clients that the City may activate or create a display,in the public pre-function space and on all digital assets,at no cost ta the City or the Convention Center customer. (p)Maintain ongoing relationships with various boards and committees of the City,including,without limitation,the Advisory Board; (q)Maintain on ongoing relationship with the GMCVB; 13 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D084620B28 (r)Act as a collection agent for the City on sales taxes,and remit such sales taxes to the State of Florida; (s)Immediately inform the City of any condition of which Global becomes aware which Global believes impairs the structural soundness or sound operating condition of a Facility.It is understood that the City will make its own determination as to the structural soundness of a Facility,or any other defect that might be noted by Global,and as to the necessity for repair.The City may,subject to appropriation,make available funds necessary to correct such a condition,as,where,if, and to the extent that the City deems any repair or correction is necessary;provided, however,that to the extent that such a condition materially interferes with Global's ability to manage the Facility,Global shall have the right to terminate the Agreement pursuant to Section 12.2 hereof; (t)Global shall have the right to act without consent of the City in situations which Global determines to be an emergency with respect to the health,safety, welfare,and protection of the general public,including spending or committing funds held in a Facility account described in Section 5.6 hereof,even if such expenses are not budgeted;provided,however,Global shall have no obligation under any circumstance to spend or commit funds,other than funds then available in such Facility account,for any such purpose.Immediately following such action,Global shall inform the City Manager of the emergency situation and the action taken,and the City shall pay Global,or deposit into such Facility account,the amount of funds,if any,spent or committed by Global pursuant to this subsection (t),in excess of budgeted amounts. (u)Global shall not sub-lease or license any portion of a Facility to other than short-term users.Without limiting Global's and/or the City's rights to require any and all necessary agreements and documentation from users of a Facility,Global shall require that all users of the Facility provide certificates of insurance evidencing appropriate insurance,as required by "Insurance Requirements for Users/Lessees of the Facilities," attached as Exhibit "H"hereto.Copies of these certificates are to be furnished to the City Manager.Such insurance is to be kept in force at all times by all lessees.licensees, users,and concessionaires.All such liability policies shall name the City of Miami Beach, Florida,and Global as additional insureds.Without limiting Global's and/or the City's rights to require any and all necessary agreements and documentation from users of a Facility,Global shall utilize the City's standard form agreements for the use,rental or occupancy of space in each Facility (as attached in Exhibit "E"hereto). 2.4 [Intentionally Omitted] 14 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B 2.5 Right of Entry Reserved. Representatives of the City shall have the right,upon reasonable notice to Global,to enter all portions of a Facility to inspect same;to observe the performance of Global of its obligations under this Agreement;to install,remove,adjust,repair,replace or otherwise handle any equipment,utility lines,or other matters in,on,or about the Facilities;or to do any act or thing which the City may be obligated or have the right to do under this Agreement or otherwise (i.e.acting in its proprietary and/or regulatory capacity).The City shall not unreasonably interfere with the operations of Global hereunder,and the City shall use reasonable commercial efforts to ensure that its actions are conducted such that disruption of Global's operations shall be kept to a minimum. Nothing contained in this Section is intended or shall be construed to limit any other rights of the City under this Agreement.Nothing in this Section shall impose or be construed to impose upon the City any independent obligation to construct,maintain or make repairs,replacements,alterations,additions or improvements,or create any independent liability for any failure to do so. 3.Term and Renewal Term. 3.1 Term. The Initial Term of this Agreement shall commence at 12.01 A.M.on October 1,2024 ("Commencement Date"),and end at midnight on September 30,2029, unless earlier terminated pursuant to the provisions of this Agreement. 3.2 Renewal Term. The City shall have the right,at its sole option and discretion,to extend this Agreement for a single two-year renewal term (the "Renewal Term")to be exercised by giving written notice to Global of such intention not less than ninety (90)days prior to the expiration of the initial Term.In no event shall the term of this Agreement extend beyond September 30,2031,without the prior approval of the City Commission. 4. 4.1 Global's Compensation. Management Fee (a)As consideration to Global for providing the services herein,the City shall pay Global during the Term hereof,an annual base management fee (the Management Fee") for the performance of the services hereunder with respect to each Fiscal Year.For the first (1°')Fiscal Year,the Management Fee shall be in the amount of $360,000,including $15,000 for the management of Collins Canal Park and the Collins Canal Mangroves, 15 1 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D8462082B and $20,000 for the management of the Carl Fisher Clubhouse and Annex.The Management Fee,including fees for the management of Collins Canal Park.Collins Canal Mangroves,Carl Fisher Clubhouse and Annex,for each succeeding Fiscal Year shall be the same as for the preceding Fiscal Year (measured on a non-prorated basis)subject to an upward adjustment each Fiscal Year of the lesser of the current year CPI or three percent (3%). (b)The Management Fee shall be payable in equal monthly installments due on or before the last day of each month during the Fiscal Year,and Global shall be entitled to draw such amounts from the account described in Section 5.6 (c)The Management Fee shall be subject to further upward adjustment,as mutually agreed to by the parties,in the event the City elects to have Global operate,manage, maintenance,market,and promote Additional Facilities,as provided in Section 2.2(b) hereof. 4.2 Executive Compensation. (a)Executive Compensation Amount.As part of the development of each annual operating budget for a Fiscal Year pursuant to Section 5.3 hereof,the City and Global agree to determine and set,in writing,the amounts of Executive Employee Salaries for Executive Level Employees of Global and any Related Party of Global at the Facilities to be paid in any such Fiscal Year,which amounts shall be binding against the City and Global (the "Executive Compensation Amount");provided that the compensation amounts in subsequent Fiscal Years shall not exceed the amounts for the immediately preceding Fiscal Year by more than ten (10%)percent. The Executive Compensation Amount shall be paid to applicable Executive Level Employees from the account described in Section 5.6 on the same basis as those of other employees of Global at the Facilities are paid. (b)Executive Employee Benefit/Bonus Amount.The Executive Level Employees of Global and any Related Party of Global at the Facilities shall be entitled to receive the Executive Employee Benefit/Bonus Amount,which Amount shall be paid or shall accrue, as applicable,to the Executive Level Employees,on the same basis as those of other employees of Global at the Facilities are paid or accrue.Under no circumstances shall any portion of the Executive Employee Benefit/Bonus Amount be based to any extent on the net profits of any Facility managed by Global pursuant to this Agreement. 16 1 -- Docusign Envelope ID:A3C16571-26E5-4974-F82-893D846202 4.3 Incentive Fee. (a)Amount.In addition to the Management Fee,Global shall be entitled to receive an annual incentive fee ("Incentive Fee")each Fiscal Year,pursuant to the terms of Exhibit "3",during the Term and any Renewal Term of the Agreement. (b)Payment.The Incentive Fee shall be payable to Global within 120 days of the end of a Fiscal Year.Global will thereupon be entitled to deduct the amount of such Fee from the account described in Section 5.6 hereof;provided that,to the extent that Global projects that such a deduction would leave insufficient funds in such account to cover Operating Expenses for the remainder of the then-current fiscal quarter,Global shall be entitled not to deduct all or a portion of such fee from such account,and,upon notice thereof from Global,the City shall promptly pay Global the amount of the Fee that has not been deducted from such account. 4.4 Limitation.Notwithstanding anything to the contrary set forth herein,in no event shall the sum of (i)the Incentive Fee,plus (ii)the Executive Benefit/Bonus Amount payable with respect to any Fiscal Year,exceed the sum of (x)the Management Fee, plus (y)the Executive Compensation Amount payable with respect to such Fiscal Year. 5.Funding;Budgets;Bank Accounts. 5.1 Operating Funds. Subject to Section 5.2 hereof,following the approval of the annual operating budget for a Fiscal Year (including,without limitation,any annual operating budget applicable to the first Fiscal Year during the Term hereof),the City shall make available to Global funds necessary to pay all Operating Expenses incurred or accrued in such Fiscal Year.To the extent that Gross Operating Revenues during a calendar month are insufficient,to cover Operating Expenses and with respect to the first quarter of a Fiscal Year,the amount of the projected Incentive Fee payable pursuant to Section 4.3 hereof for the prior Fiscal Year ("Cash Flow Shortfall")for such period,the City shall advance funds to Global as follows:Within thirty (30)days following the end of a month,Global will submit to the City Manager,for his or her approval,a statement/invoice summarizing the deficit or surplus in a Facility account (described in Section 5.6 hereof)over the agreed upon imprest combined Facility account balance for the Convention Center.Such imprest amount shall not exceed $1,200,000,and will represent the combined balance of the Convention Center Facility account (Convention Center)at the end of each month.If,at the end of such month,the combined operating balance is greater than $1,200,000,the surplus amount over $1,200,000 will be given back to the City in the form of a check,accompanied by a statement/invoice with appropriate bank reconciliations for both operating accounts as back up.If,at the end of such month,the combined operating balance is less than 17 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D846202B $1.200.000,the deficit and the appropriate bank reconciliations documenting such deficit will be invoiced to the City for payment. 5.2 Non-Funding (a)The City shall have no obligation to provide funds for the payment of Operating Expenses incurred or committed for after the date Global receives written notice (an "Appropriation Deficiency Notice")of the fact that insufficient funds or no funds have been appropriated for a Facility or Facilities. (b)If the Appropriation Deficiency Notice is of insufficient funds,the City shall pay all Operating Expenses incurred or committed for after such date which are within the aggregate level of appropriated funds specified in the Appropriation Deficiency Notice. The City shall pay all Operating Expenses incurred or committed for prior to the date Global receives the Appropriation Deficiency Notice.Any failure by the City to provide funds (beyond the aggregate level of appropriated funds)for the payment of Operating Expenses incurred or committed for after Global receives an Appropriation Deficiency Notice shall not be a breach of or default under this Agreement by the City. (c)If the City appropriates funds at (or reduces appropriated funds to)a level that.in Global's reasonable business judgment and discretion,materially renders its continued management of a Facility not economically viable for Global,Global may,at its option, either (i)continue management of the Facility at the appropriated reduced funding reduced level;or (ii)terminate this Agreement pursuant to Section 12.2 (a)(with the effect set forth in Section 12.3). 5.3 Annual Budget:Cash Flow Budget. (a)As part of the Annual Management Plan described in Section 6.2 hereof,on or before the date specified by the City Manager each year,Global will prepare an annual operating budget for each Facility for the next Fiscal Year to meet the scope of services under this Agreement.Such budget shall contain appropriate line items for revenues and expenses and the projected net operating deficit or surplus.Each such budget shall be submitted together with details,including,without limitation,salary ranges for each Fiscal Year,and the benefits packages to be offered to Global employees and funded by the City as an Operating Expense. (b)Global shall prepare and submit to the City Manager,prior to June 1°'of each Fiscal Year,an annual cash flow budget for the succeeding Fiscal Year based upon the approved operating budget for such Fiscal Year.The City shall transfer to Global,on a monthly basis,those funds so approved and necessary for the operation,management, maintenance,marketing,and promotion of each Facility (including,without limitation,the 18 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2 Operating Expenses for such month),and Global shall deposit such funds,together with Gross Operating Revenues of the respective Facility collected by Global,in that Facility's account. (c)The annual budgets referred to in Sections 5.3 (a)and (b)hereof shall be reviewed by,and are subject to the approval of,the City Manager,and the Mayor and the City Commission,respectively.Global recognizes that the City is a municipal corporation created pursuant to the laws of the State of Florida and is bound by general and special laws pertaining to its budget process and the appropriation and expenditure of funds. Therefore,Global shall participate in the City's budget process,including,without limitation,an administrative review,a review by the City's Budget Advisory Committee, City Commission review,and review and comment by citizens at two (2)public hearings in the month of September,prior to approval of any proposed Facility operating budget. During the Term of this Agreement,the City Manager shall notify Global of any changes to the annual operating budget and the cash flow funding budget of a Facility for the succeeding Fiscal Year,proposed by Global (and with such changes.if any,as are made by the City prior to October 1°of each Fiscal Year).Such budgets shall be the Approved Budgets for the following Fiscal Year;provided that if the annual operating budget or the annual cash flow budget of a Facility,as proposed by Global,is modified or reduced by the City in a manner which,in Global's reasonable business judgment and discretion, would materially impair Global's ability to manage the Facility,then Global shall have the right to terminate this Agreement pursuant to Section 12.2 (a)(with the effect set forth in Section 12.3). (d)The parties acknowledge that,prior to the Commencement Date of this Agreement.Global has provided the City a proposed operating budget for the first Fiscal Year.Such proposed budget shall be treated in the same manner and create the same rights as obtained following the submission of annual budgets as described in Section 5.3(c)hereof,including the approval rights set forth in such section.Once approved,such budget (with such changes as are made to such budget through the approval process) shall become the Approved Budget for the first Fiscal Year. 5.4 Budget Modifications Initiated by Global. Global may submit to the City Manager,for review and approval by the City Manager and the Mayor and the City Commission,respectively,at any time prior to the close of a Fiscal Year,a supplemental or revised annual operating budget or cash flow budget for such Fiscal Year.Upon the approval of the City Manager and the Mayor and the City Commission of such supplemental or revised budget,the Approved Budget for such Fiscal Year shall be deemed amended to incorporate such supplemental or revised budget.The Approved Budget may only be amended as set forth in Section 5.5 hereof, 19 Docusign Envelope ID:A3C16571-26E5-4974-8F82-893D84620B2B8 or in the two preceding sentences of this Section 5.4,except that Global shall have the right to amend the Approved Budget as may be necessary or appropriate as the result of the scheduling by Global of additional Events at a Facility (and the receipt of additional Gross Operating Revenues and/or the incurrence of additional Operating Expenses arising from the scheduling of additional Events at that Facility)as long as,prior to the scheduling of such Event(s),Global has a reasonable expectation that the projected Net Operating Loss for the Fiscal Year,as set forth in the Approved Budget,would not be increased,or that the Net Operating Profit for the Fiscal Year,as set forth in the Approved Budgets,would not be decreased,as a result of such additional Event(s). 5.5 Budget Modifications Initiated by the City. In the event that it appears reasonably likely,in any Fiscal Year during the Term hereof,that the actual Net Operating Loss for such Fiscal Year will be larger than projected in the annual operating budget for such Fiscal Year,or that the actual Net Operating Profit for such Fiscal Year will be less than projected in the annual operating budget for such Fiscal Year,the City Manager may request from Global a plan for reduction of Operating Expenses to a level consistent with the budgeted Net Operating Loss/Profit amounts.Global shall forthwith comply with any such expense reduction requested by the City Manager.and the Approved Budget for such Fiscal Year shall be modified accordingly;provided that if the annual operating budget or annual cash flow budget is modified in a manner which,in Global's reasonable business judgment and discretion,would materially impair Global's ability to manage the Facility,Global shall have the right to terminate this Agreement pursuant to Section 12.2(a)(with the effect set forth in Section 12.3),and provided further that Global shall not be construed to have breached its obligations under this Agreement if such alleged breach has been caused by the limitations in the Fiscal Year's budget. 5.6 Receipts and Disbursements. Global shall establish and maintain,in one or more depositories of a banking institution in Miami Beach designated by the City Manager,one or more operating bank accounts for each Facility,in the name of the City,with Global as manager,and with signature authority in such employees of Global as Global shall determine.All revenues collected by Global from the operation of a respective Facility shall be deposited into such accounts and Operating Expenses (other than Operating Expenses to be paid from an account described in Section 5.7 hereof)shall be paid by Global as manager for the City from such accounts.All revenues collected by Global arising from operation of a Facility, including,without limitation,Facility or equipment rentals,utility rental agreements,or any other source,are the sole property of the City,held in trust by Global for the City for application as provided herein.Any amounts remaining in such accounts upon 20 i • Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B termination of this Agreement (for any reason),after payment of all outstanding Operating Expenses,shall be promptly paid by Global to the City. 5.7 Capital Improvements;Capital Equipment. The obligation to pay for,and authority to perform,direct and supervise,Capital Improvements and Capital Equipment purchases shall remain with the City,and will not be considered Operating Expenses.The Annual Management Plan submitted pursuant to Section 6.2 hereof shall include Global's recommendation for Capital Improvements and Capital Equipment purchases to be accomplished during the year and shall be accompanied by an estimate of the cost of all such items and projects and a request that the City budget funds therefore.Notwithstanding the preceding or anything contained in this Agreement,the City shall retain the sole discretion and authority to determine whether,and to what level,to fund Capital Improvements and Capital Equipment purchases for a Facility. Notwithstanding the preceding paragraph or anything contained in this Agreement, Global shall,al the request of the City Manager,pro-actively participate,at a corporate level,and including the general manager,with (and/or,where requested,on behalf of)the City in future discussions relating to any proposed long-term expansion and/or improvements for the Convention Center. Global shall adopt a Facilities Condition Assessment software to help track the health and useful service life of Facilities'building systems 5.8 Limitation of Global Liability. Notwithstanding any provision herein to the contrary,and except for Global's express indemnification undertakings in Section 8.1 hereof,its express reimbursement undertakings in Section 6.1(b),and the internship fund contribution in Section 5.10,Global shall have no obligation to fund any cost,expense or liability with respect to the operation, management,marketing,and promotion of the Facilities.Furthermore,the parties agree that Global's obligations under this Agreement are subject in all respects to the limitations of the City approved Operating and Capital Budgets,and are contingent upon and subject to the City making available,in a timely fashion,the funds budgeted for and/or reasonably required by Global to carry out such obligations during the Term.Furthermore,Global shall have no liability with respect to the failure of the terms of this Agreement to comply with the Code or the Treasury Regulations.Notwithstanding the preceding sentence, nothing in this Section 5.9 shall be deemed to waive any liability that Global may have as 21 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B a result of any act,omission,or failure to perform by Global under this Agreement,which results in non-compliance with the Code or the Treasury Regulations. 5.9 Global Capital Contribution/Scholarship Contribution/Public Benefits/Green Initiatives/Public Art. (a)Internships.Beginning with the Fiscal Year commencing October 1,2024,Global shall contribute to the City Twenty Thousand Dollars ($20,000)annually during the Term hereof toward the establishment of an internship fund,which will give preference to qualifying in-need Miami Beach residents pursuing a career in facility management and/or the hospitality and tourism industry (the "Internship Contribution").Said fund will be administered by the City and Global will use good faith,diligent efforts to identify and recommend qualified applicants.Payment of the Internship Contribution shall be made within thirty (30)days of the commencement of each Fiscal Year during the Term hereof, beginning with the Fiscal Year commencing October 1,2024 (b)Other Public Benefit(s)to be Provided by Global Events (1)Each Fiscal Year during the Term hereof.Global shall produce a minimum of five (5)events,including,but not limited to,Senior events.a Teacher Appreciation Event,and other comparable size event(s)as determined by the City,and shall be considered a City Use pursuant to Section 13.1(a),and the City shall be responsible for any direct out-of- pocket (or other)expenses incurred in connection with these events; provided,however,Global shall not be charged any expense for utilities in connection with these events. ii.Events shall be free and open to the public,and the Teacher Appreciation Event shall be open to all Miami Beach school teachers and administrators. iii.Global shall provide all staffing for the Events. v.Global shall have the ability to secure sponsors or other revenue generating activities or events which would be considered Gross Operating Revenue; provided that such activities and/or events are ancillary to,related to,and/or otherwise compliment the Events (i.e.senior lifestyle exhibits,health and fitness expo,etc.). (c)Sustainability (1)Global shall use commercially reasonable efforts to implement the use of so-called "green"cleaning chemicals. 22 I •· Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D084620B2 (2)Global shall use commercially reasonable efforts to replace paper products with products manufactured from recycled waste. (3)Custodial and Building Maintenance Services,Global shall,so long as the following can be done without incurring any additional labor costs: a.Separate waste materials including recycling and composting 1.Track related metrics ii.maintain a full recycling program including paper, cardboard,glass,metal cans,and plastics. iii.Divert waste as feasible,through recycling of materials and working with local food banks,shelters,or nonprofits for donation of materials and leftover food. b.Any equipment and fixtures that are replaced should be energy/water efficient i.Third-party certifications:EnergyStar,WaterSense c.Benchmark energy and water use through Energy Star Portfolio Manager i.Join BE305 program to take advantage of educational resources d.Utilize environmentally friendly cleaning products i.Environmental Protection Agency (EPA)certifications: Safer Choice,Design for the Environment (DfE) https_//wywy_epa .gov/greenerproducts/identifying- greener-cleaning-products (4)Capital Improvements,Global shall: a.Identify opportunities for on-site renewable energy project(s)and energy efficiency improvements. b.Identify opportunities for on-site stormwater management projects and flood mitigation projects,including opportunities for green infrastructure. (5)Procurement and Contract Management,Global shall: a.Encourage the procurement of environmentally preferred products and services,as outlined in the city's Sustainable and Resilient Procurement Policy (https_//ywwywy_mbrisingabove com/climate- mitigation/sustainable-and-resilient-procurement/). (6)Groundskeeping/Landscaping,Global shall: a.Follow Florida Friendly Landscaping Principles (https_//wwwy_mbrisingabove_com/climate-_adaptation/green- infrastructure/native-florda-friendly-landscaping}) b.Mitigate extreme heat impacts on grounds through strategies like planting canopy trees and providing shade structures 23 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B28 (7)Technology,Global shall: a.Recycle or donate old equipment or devices,as feasible (8)Parking/Transportation Operations,Global shall work with the City for development of a transportation management plan. (d)Public Art/PhotographyNideography (1)Care and Maintenance of Public Art a.The Public Art located throughout the Facilities is part of the City of Miami Beach's Art in Public Places (AiPP)collection.Global shall be responsible for: i.Using commercially reasonable efforts (including requiring each show organizer)to ensure proper care is observed by event staff, vendors,licensees,invitees,guests,etc of such art; ii.Immediately notifying the City if damage should occur to any artwork.Global shall include a provision in the Event Planning Guides that clients are responsible for any damage to public artwork directly caused by their employees,agents,vendors, licensees,and invitees. iii.Cleaning: 1.Neither Global nor any show organizer shall attempt to clean or maintain the artwork. 2.Works of art requiring specialized treatment or upkeep shall be treated by qualified restoration professionals.The City will be responsible for assessing the damage and determining the repair procedures. iv.Assessments: 1.The City will conduct regular site visits to the Public Art before,during and after events,to assess the condition of the Public Art.The condition of the Public Art will be documented through AiPP time-stamped photographs and videos. b.Photography and Videography of Public Art For Commercial Purposes - all copyrights,trademarks,service marks,logos and intellectual property rights in and to the artwork,including any right to commercially exploit the same (all of the foregoing,collectively and individually,the "Intellectual Property")shall be the exclusive property of the artist(s)who created the Public Art. c.Reproduction of the Public Art.Any reproduction of the Public Art for purposes (including on merchandise or in commercial advertising for third 24 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2 party products)shall be subject to the prior written approval of the artist(s) who created the Public Art..Global shall include in its agreements with event organizers language acknowledging the foregoing provision of subparagraph (b)and this subparagraph (c)In connection with any such reproduction and publication by a third party,the party shall be solely responsible for arranging any consent and/or credit with Artist,and neither the City nor Global shall have any liability to Artist and/or to third parties as a result of any failure by third parties to obtain authorization by Artist, or give credit to Artist,for such third party uses. d.List of Public Art as of October 1,2024: i.Farah Al Qasimi Plant Market/Stray Flowers in Swimming Pool/Still Life with Sample Text and Pina Coladas ii.Amoako Boafo Cobalt Blue Earring iii.Ebony G.Patterson as the garden secrets a swarm of monarchs feast iv.Ellen Harvey Atlantis v.Joseph Kosuth Located World vi.Sanford Biggers Some thin'Close to Noth in' vii.Juana Valdes Colored Bone China Rags viii.Anneke Eussen It's Alright ix.Joep van Lieshout Humanoids x.Sarah Morris Morris Lapidus xi.Franz Ackermann About Sand (2)Signage and Advertising.Global shall ensure no signs or advertising identifying Global (its agents,principals,parent company,etc.}or its subcontractor, vendors,licensees,sponsors,invitees shall be placed on the premises without written approval by the City.Global shall ensure any signage and advertising is in compliance with any existing or developed signage agreement with the City for the Facilities. 6.Records,Audits and Reports. 6.1 Records and Audits. (a)Global shall keep full and accurate accounting records relating to its activities at the Facilities,in accordance with generally accepted accounting principles.Global shall 25 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B maintain a system of bookkeeping adequate for its operations hereunder.Global shall give the City's authorized representatives access to such books and records,all of which will be maintained at the Convention Center,during reasonable business hours and upon reasonable advance notice.Global shall keep and preserve for at least three (3)years following each Fiscal Year,or for as long as such records are required to be retained pursuant to Florida Public Records Law (whichever is longer),all sales slips,rental and/or other use agreements,purchase orders,sales books,credit card invoices,bank books or duplicate deposit slips,and other evidence of Gross Operating Revenues and Operating Expenses for such period.In addition,on or before October 31°following each Fiscal Year during the Term hereof,and as required by the City pursuant to its annual financial audit(s)of the Facilities,Global shall furnish to the City unaudited financial statements, including a balance sheet,a statement of profit and loss,and a statement of cash flow, for each Facility,for the preceding Fiscal Year,prepared in accordance with generally accepted accounting principles.The City shall thereafter cause such statements to be audited by,or on behalf of,the City,which audit shall contain an opinion expressed by the independent auditor of the accuracy of the financial records kept by Global and of amounts due to the City.The audit shall also provide a certification of Gross Operating Revenues and Operating Expenses for such Fiscal Year.The City audit shall be conducted by a reputable firm selected by the City.Notwithstanding anything to the contrary herein,the cost of such audit shall be a City expense (and not an Operating Expense). (b)Notwithstanding subsection (a)above,the City Manager shall have the right,at any time (and from time to time),to cause nationally recognized independent auditors to audit all of the books of Global relating to Gross Operating Revenues and Operating Expenses,including,without limitation,cash register tapes,credit card invoices,duplicate deposit lapes,and invoices.The costs incurred by the City in conducting such audit shall be for the City's account and shall not be considered an Operating Expense,except as otherwise provided in the remainder of this paragraph.If any such audit demonstrates that the Gross Operating Revenues or Operating Expenses reflected in any financial statements prepared by Global and audited as specified in subsection (a)above,are understated (in the case of Operating Expenses)or overstated (in the case of Gross Operating Revenues),in either case by more than five percent (5%),Global shall promptly pay to the City the reasonable cost of such audit.In addition,Global shall promptly refund to the City any portion of the Incentive Fee paid for the Fiscal Year concerned which is attributable to an understatement of Operating Expenses or overstatement of Gross Operating Revenues,or both,as the case may be.whether or not the understatement or overstatement or both exceeds five percent (5%)of Operating Expenses or Gross Operating Revenues,respectively.The City specifically reserves the right to withhold or delay any funds to Global if the previous audited findings have not 26 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B been satisfactorily resolved.however.any undisputed compensation owed to Global must be paid at least annually. 6.2 Annual Management Plan. (a)Global shall provide to the City,on or before May 1 of each Fiscal Year during the Term,a draft Annual Management Plan,and on or before August 1 of each Fiscal Year during the Term hereof,a final Annual Management Plan addressing each Facility,which shall include,without limitation,the annual operating budget (described in Section 5.3 hereof)for the next Fiscal Year,information regarding Global's anticipated operations for such Fiscal Year,including revenue projections.planned operating maintenance activities by Global,requested Capital Improvements and Capital Equipment purchases (and an anticipated budget therefore),anticipated Events,anticipated sales,marketing and promotional activities;planned equipment and furnishings purchases:and an updated inventory of all Capital Equipment (including,without limitation,furniture,fixtures and equipment)at each Facility. The Annual Management Plan shall be subject to review,comment,and approval by the City Manager.Global shall have thirty (30)days from receipt of the revised Plan from the City to incorporate the City's comments into the Plan.Upon approval by the City Manager of the final Plan,such Annual Management Plan shall constitute the operating program for Global for the following Fiscal Year. 6.3 Reports. (a)By the twenty-fifth day of each month during the Term hereof,Global shall provide to the City a written monthly report,in a form approved by the City Manager (which form may be similar to that used in other Global-managed facilities),setting forth each Facility's anticipated activities and financial condition for the upcoming month,and reporting on the prior month's activities and finances.Such monthly report shall include,without limitation: (i)A balance sheet,aging report on accounts receivable,and statement of revenues and expenditures (budget to actual)for such prior month,and year to date,in accordance with generally accepted accounting principles.Such records and reports shall also include a comparison of Gross Operating Revenues and Operating Expenses for the corresponding months in the prior two (2)Fiscal Years: (ii)Summary of Events held in the prior month and future bookings scheduled for upcoming month{s),and separate cash receipts and disbursements reports for each Event held at a Facility during such month.In addition,a summary of all exit conferences for Events at the Convention Center;completed customer satfsfaction surveys;and sales and marketing reports,and any updates thereto,as also 27 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B required pursuant to the Marketing and Promotion Plan in Section 6.4 hereof.A copy of the portion of the monthly report pertaining to the Convention Center also shall be provided to the Advisory Board. (iii)A report specifying all maintenance work performed at each Facility during the prior month,and work planned for the upcoming month(s)including, without limitation,with respect to the Comprehensive Preventive Maintenance Program and the maintenance of Capital Equipment,in accordance with the Minimum Operating and Maintenance Standards (attached hereto as Exhibit "F").A copy of the portion of the monthly report pertaining to the Convention Center shall also be provided to the Advisory Board. (iv)A listing of any incentives given,or fees waived,by Event.at each Facility in the prior month and upcoming requests;and (v)Disclosure of any third-party commissions (whether paid or exchanged for in-kind services)and report of any trades and/or barters in the prior month. (b)On or before June 1st of each Fiscal Year during the Term hereof,Global shall provide,or cause to be provided,to the City,as part of its Annual Management Plan required pursuant to Section 6.2 hereof.an inventory of Capital Equipment for each Facility. (c)Upon receipt thereof from the depository bank(s)described in Sections 5.6 hereof, Global shall provide,or cause to be provided,to the City (on a monthly basis).copies of all bank statements concerning (respectively)the Facility operating account. (d)Within thirty (30)days after each Fiscal Yoar,Global shall submit a report to the City detailing the event planners (the "Planners")used by organizations holding Events at the Facilities within such Fiscal Year,with such reports to include: (i)all Events held by each Planner in the reporting period; (ii)the number of events brought in by each Planner in each event tier; (iii)the total discount given for each event in the reporting period; (iv)the total amount discounted per Planner for the reporting period;and (v)a written explanation of the total amount discounted for each Planner. 28 I Docusign Envelope ID A3C1657 1-26E5-4974-BF82-893D0846202B 6.4 Five Year Marketing/Promotion Plan. (a)An update of the Facility's Marketing and Promotion Plan shall be submitted to the City annually on October 1°of each Fiscal Year. Global will collaborate with the City on the development of (and all updates to)the Marketing and Promotion Plan,and shall solicit comments from the City Manager,as well as the Advisory Board and the GMCVB (as to the portion of the Plan addressing the Convention Center).and such other agencies,boards and committees as the City Manager may deem necessary,in his/her sole discretion and judgment. (b)The Marketing and Promotion Plan shall address,in detail,Global's approaches,efforts,and timelines for accomplishing the following marketing and promotional obligations (as part of Global's comprehensive approach to marketing the Facilities): 1)Global shall provide continuously during the Term hereof,an in- house ad-agency capability to place Event-related advertising. 2)Global shall provide a report on sales and marketing efforts,as provided for in Section 6.3. 6.5 Special Reports. Global shall prepare special reports from time to time,at the request of the City Manager,to the extent that such reports shall cover subject matter which is/are within the normal scope of Global's services under this Agreement. 6.6 Customer Satisfaction Surveys. Within ninety (90)days of the Effective Date,Global shall execute an agreement (the "Survey Agreement,"attached and incorporated hereto as Exhibit "L"upon execution) with an independent third-party survey company (the Survey Company")for the collection of customer satisfaction surveys ("Surveys")during the Term and any Renewal Terms.Global shall ensure that the Survey Agreement (1)requires the Survey Company to prepare and send a customer satisfaction survey to the event organizers of each Event within thirty (30)days of an Event ending.(2)grants Global and the City dual access to the Survey results at all times and (3)provides the parties with a monthly report containing the results of the Surveys collected for Events held during the previous month. 29 . Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B 6.7 Cybersecurity. To assist the City in its compliance with Florida Statute 282.3185,Global shall use good faith efforts to notify the City within twenty-four (24)hours of experiencing a cybersecurity incident which impacts the City network,or six (6)hours of experiencing a ransomware incident which impacts the City network.The notification shall include: (a)a summary of the facts surrounding the cybersecurity incident or ransomware incident; (b)the type of data compromised by the cybersecurity incident or ransomware incident; (c)the estimated fiscal impact of the cybersecurity incident or ransomware incident; (d)the parties other than the City and Global impacted by the cybersecurity incident or ransomware incident; (e)in the case of a ransomware incident,the details of the ransom demanded; and (f)steps already taken (if any)to resolve the incident. Global shall notify the City,in a timely manner,of a Global network cybersecurity incident that may affect City economic security,infrastructure,general security.brand, reputation,and/or public health and safety. 7.Employees. 7 .1 Global Employees. (a)Global shall select.hire,train,and employ such number of employees as Global deems necessary or appropriate to satisfy its responsibilities under this Agreement. Global shall use its best efforts to recruit employees who will be proficient,productive, and courteous to patrons consistent with standards employed at comparable first-class facilities.Global shall have authority to hire,terminate and discipline any and all such personnel working at the Facilities. (b)General Manager.Global shall assign a competent,full-time general manager to oversee Global's responsibilities under this Agreement,who shall be based at the Convention Center.As of the Commencement Date,the general manager shall be Freddie Peterson.Prior to Global's appointment of any replacement ge.neral manager, Global shall consult with the City Manager with respect to the qualifications of any proposed candidate(s).The City Manager shall have prior written approval of any replacement general manager hired by Global (prior to Global finalizing any such hiring). 30 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B (c)Neither the general manager nor any and all other Global employees (whether based at the Facilities or not)shall,for any purpose,be considered to be employees of the City,and Global shall be solely responsible for their supervision and daily direction and control,and for setting and paying (as an Operating Expense)their compensation, federal income tax withholding,and any employee benefits. (d)Executiye Level Employee Approval.Prior to the appointment of any Executive Level Employee,Global shall provide resume(s)of candidate(s)and offer the City a reasonable opportunity to review and comment on final candidates for all Executive Level Employee (as defined herein)positions/roles prior to hiring. (e)Should the City at any time and in its reasonable discretion determine,based on non-discriminatory reasons,that any of Global's employees,including the General Manager,are a detriment to the operation of the Facilities:(1)Global shall,upon written request of the City,meet with the City to discuss the City's concerns,with each party acting in good faith to resolve the matter,and (2)if despite such good faith efforts the City requires that Global remove such individual from the Facility,Global shall do so and assign replacement personnel to the Facility,subject to any approval rights of the City as set forth in Section 7.1(d).The costs of removing and replacing any such employee shall be an Operating Expense. (f)The City acknowledges and agrees that Global may continue to provide and administer a short-term sales incentive plan for its sales employees,consistent with past practice.the cost of which shall be included in each Operating Budget.Any such short- term sales incentive plan shall be included in the Annual Management Plan and subject ta the City's prior written approval,which approval the City may provide or withhold in the City's absolute discretion. 8.Indemnification and Insurance. 8.1 Indemnification. (a)Global shall indemnify,hold harmless and defend the City,its officers,agents, servants,and employees,from and against any claim,demand or cause of action of whatsoever kind or nature arising out of error,omission or negligent act of Global,its officers,agents,servants or employees.in the performance of services under this Agreement. (b)In addition,Global shall indemnify,hold harmless and defend the City,its officers, agents,servants and employees,from and against any claim,demand or cause of action of whatsoever kind or nature arising out of any misconduct of Global.its officers,agents, 31 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B82B servants or employees,not included in subsection (a}above and for which the City.its officers,agents,servants or employees,are alleged to be liable. (c)The indemnification provisions of this subsection 8.1 shall survive termination and/or expiration of this Agreement. 8.2 Liability Insurance. (a)For each Facility covered under this Agreement,Global shall secure and deliver to the City Manager on or before the Commencement Date,and shall keep in force at all times during the Term of this Agreement,a commercial liability insurance policy,including public liability and property damage,covering the premises and the operations thereunder,in the amount of One Million Dollars ($1,000,000.00)for bodily injury,and One Million Dollars ($1,000,000.00)for property damage,including products and completed operations and independent contractors.Global shall also maintain Umbrella liability insurance with a limit of Five Million Dollars ($5,000,000) (b)Global shall also maintain comprehensive automotive bodily injury and property damage insurance for business use covering all vehicles operated by Global,and/or its officers,agents,and employees,in connection with the Facilities,whether owned by Global,the City,or otherwise,with a combined single limit of not less than One Million Dollars ($1,000,000.00)per occurrence (including an extension of hired and non-owned coverage). (c)On or before the Commencement Date,and continuing thereafter during the Term hereof,Global shall also maintain: ()professional liability insurance with coverage of at least One Million Dollars ($1,000,000.00)for claims of negligent errors,acts or omissions by Global; (ii)employment practices liability insurance with coverage of at least One Million Dollars ($1,000,000.00)for claims relating to the employment practices of Global at the Facilities pertaining to its employees; (iii)contingent liquor liability insurance,in the amount of One Million Dollars ($1,000,000.00);and (iv)cyber liability insurance,in the amount of Ten Million Dollars ($10,000,000.00),with the City named as an additionally insured party;and (v)personal advertising liability insurance,in the amount of One Million Dollars ($1,000.000.00). 32 1 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D846202B8 (d)Global shall be the named insured under all such insurance policies.The City of Miami Beach,Florida shall be an additional insured under the insurance policies described in Sections 8.2(a)and (b)hereof,as its interests may appear.All of the insurance policies described in this Section 8.2 shall contain a provision affirming Global's indemnification obligations under Section 8.1 hereof. (e)Certificates evidencing the existence of the above insurance policies.all in such form as the City Manager may reasonably require,shall be delivered to the City Manager on or before the Commencement Date. (f)Notwithstanding the provisions of this Section 8.2,the parties hereto acknowledge that the above insurance policies may contain exclusions from coverage which are reasonable and customary for policies of such type. (g)Each such insurance policy or certificate shall contain a valid provision or endorsement stating."This policy will not be canceled or materially changed or altered without first giving thirty (30)days'written notice thereof to the City Manager,1700 Convention Center Drive,Miami Beach.FL 33139,sent by certified mail,return receipt requested." (h)A renewal binder of coverage (or satisfactory evidence of such renewal)shall be delivered to the City Manager at least twenty (20)days after an insurance policy's expiration date except for any policy expiring on the termination date of this Agreement or thereafter. (i)Except as provided in Sections 8.5(b)and 8.6 hereof,all insurance procured by Global in accordance with the requirements of this Agreement shall be primary over any insurance carried by the City and not require contribution by the City. 8.3 Workers Compensation Insurance. Global shall at all times during the Term hereof maintain worker's compensation insurance (including occupational disease hazards)with an authorized insurance company,through the Florida State Compensation Insurance Fund,or through an authorized self-insurance plan approved by the State of Florida,insuring its employees at the Facilities in amounts equal to or greater than required under law. 8.4 Crime Insurance and Performance Guarantees. 33 I- Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B (a)Crime Insurance.Global shall provide to the City,during the Term of this Agreement,crime insurance coverage covering all of Global's employees under this Agreement,in the amount of Five Hundred Thousand Dollars ($500,00O 00)for each loss, to reimburse the City for losses experienced due to the acts or omissions of Global's employees. 8.5 Property Insurance. (a)The City shall,subject to Section 5.2 hereof,maintain its current property and hazard insurance covering the premises of each Facility and the City's personal property located thereon.In addition,the City shall,with respect to the losses covered by such property and hazard insurance ,waive any subrogation rights that it may have against Global,and its officers,employees and agents,whether or not the City self-insures for the losses covered by such insurance.Nothing in this Agreement is intended to require Global to maintain property and hazard insurance covering the premises at the Facilities or the City's personal property thereon. (b)The original or a certified copies of the policies referred to in Section 8.5(a)(with all required policy endorsements),plus certificates evidencing the existence thereof,shall be delivered to Global on or prior to the Commencement Date. Notwithstanding the provisions of Section 8.5(a},the parties hereto acknowledge that the above policies may contain exclusions from coverage which are reasonable and customary for policies of such type.Each such policy or certificate shall contain a valid provision or endorsement stating,"This policy will not be canceled or materially changed or altered without first giving thirty (30)days'written notice thereof to "Global Spectrum, L.P.,Risk Management Director,150 Rouse Blvd.,Philadelphia,PA 19112,sent by certified mail,return receipt requested." (c)A renewal binder of coverage (or satisfactory evidence of such renewal)shall be delivered to Global at least twenty (20)days after a policy's expiration date.except for any policy expiring on the termination date of this Agreement or thereafter. 8.6 Certain Other Insurance. If any of the City Agreements consist of agreements with independent contractors to provide services at a Facility (or at the Facilities),in renewing any such City Agreement,the City Manager shall use reasonable efforts to cause such contractors to name Global as an additional insured under any insurance maintained by such contractors pursuant to the terms of such City Agreements and,in such event,to deliver 34 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B to Global promptly after request therefore a certified copy of such policy and a certificate evidencing the existence thereof.In addition,if Global enters into any agreements during the Term of this Agreement with any independent contractors for the provision of services at a Facility (or at the Facilities),Global shall have the right to reasonably require such contractors to name Global (in addition to naming the City of Miami Beach,Florida)as an additional insured under any insurance required by Global thereunder and to deliver to Global,prior to the performance of such services,a certified copy of such policy,and a certificate evidencing the existence thereof. 9.O w nership of Assets. 9.1 Ownership. The ownership of buildings and real estate,technical and office equipment and facilities,furniture,displays,fixtures,vehicles and similar tangible property located at each Facility shall remain with the City.Ownership of and title to all intellectual property rights of whatsoever value,held in the City's name.shall remain in the name of the City. The ownership of consumable assets (such as office supplies and cleaning materials) purchased with Gross Operating Revenues or City funds shall remain with the City,but such assets may be utilized and consumed by Global in its performance of services under this Agreement.The ownership of data processing programs and software owned by the City shall remain with the City,and the ownership of data processing programs and software owned by Global shall remain with Global.Global shall not take or use,for its own purposes,customer or exhibitor lists or similar materials developed by,or on behalf of,the City for the use of the Facilities,unless prior written consent is granted by the City Manager.Ownership of equipment,furnishings,materials,or fixtures not considered to be real property and other personal property purchased by Global with City funds for use at (and for)a Facility,shall vest in the City automatically and immediately upon purchase or acquisition.Any assets of the City including,without limitation,those described herein, shall not be pledged,liened,encumbered or otherwise alienated or assigned.Global will not claim any depreciation or amortization deduction,investment tax credit,or deduction for any payment as rent with respect to any portion of the Facilities. 9.2 City Obligations. (a)Throughout the Term of this Agreement,the City will maintain full beneficial use and ownership of the Facilities and will pay,keep,observe and perform all payments, terms,covenants,conditions and obligations under any bonds,debentures or other security agreements or contracts,relating to a respective Facility,to which the City may be bound. 35 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B (b)The City shall provide Global with necessary office space at the Convention Center and such furniture,fixtures,and equipment as is available as of the Commencement Date in that Facility. (c)The City shall provide Global with unrestricted egress and ingress to each Facility and shall make available to Global,at cost,parking spaces adjacent to the Convention Center,or located on City property in the immediate environs,as authorized by the City. 10.Assignment;Affiliates. 101 Assignment_ Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party hereto without the prior written consent of the other party hereto.For purposes of this subsection 10.1,the City's consent shall be defined as requiring the consent of the Mayor and City Commission. 10.2 Global Affiliates. (a)Transactions with Affiliates,Subsidiaries,Parent Company,or Sister Companies. In connection with its management responsibilities hereunder relating to the purchase and/or procurement of equipment,materials,supplies,inventories,and/or services for a Facility,Global shall have the right,but not the obligation,to purchase and/or procure from an Affiliate,subsidiary,parent company,or sister company of Global.In the event Global purchases and/or procures from an Affiliate,subsidiary,parent company,or sister company of Global,the City Manager's prior written approval must be obtained.In determining whether to grant his or her consent or not,the City Manager shall,at a minimum,require that the prices charged for such goods and/or services be competitive with those obtainable from others providing comparable goods and/or rendering comparable services.To ensure compliance in this respect,the City Manager may require Global to obtain at least two (2)other competitive bids from persons (other than an Affiliate,subsidiaries,parent company,or sister companies of Global)whenever Global proposes to transact business with an Affiliate,subsidiary,parent company,or sister company for the provision of goods and/or services hereunder. (b)Conflicts of Interest.The City acknowledges that Global manages other public assembly facilities which may,from time to time,be in competition with a Facility or the Facilities.The management of competing facilities will not,in and of itself,be deemed a conflict of interest or breach of Globals duties hereunder;provided,however,in all instances in which a Facility is in competition with other public assembly facilities managed by Global for the solicitation of certain events,Global shall not involve its 36 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D084620B2B corporate or regional offices on behalf of any such other facility in an attempt to influence the decision-making process regarding the selection of a site by such events. The primary purpose of this Agreement is for the management,operation,promotion and marketing of the Facilities.Global shall not use and/or otherwise exploit the logo, trademark,identity,and overall "brand"of the Facilities and/or of the City of Miami Beach, without the prior written consent of the City Manager.This shall include,without limitation, the use of the Convention Center and/or any City logo,trademark,identity,and/or "brand." 11.Laws and Permits. 11.1 Permits,Licenses,Taxes and Liens. Global shall be solely responsible for procuring any permits and licenses required for the business to be conducted by it hereunder.The City shall reasonably cooperate with Global in applying for such permits and licenses.Global shall deliver copies of all such permits and licenses to the City Manager.Global shall promptly pay, out of the accounts specified in Section 5.6 hereof,all taxes,excises,license fees and permit fees of whatever nature arising from its operation,management,maintenance, promotion,and marketing of the Facilities.Global shall not let any mechanic's, materialman's or any other lien become attached to any premises or improvements at a Facility,or any part or parcel thereof,by reason of any work or labor performed or materials furnished by any mechanic or materialman,so long as the work,labor or material was provided at Global's direction 11 .2 Governmental Compliance. Global,shall comply with all federal,State,Miami-Dade County and City regulations,ordinances,statutes,rules,laws and constitutional provisions (collectively, Laws)applicable to Global's management of the Facilities hereunder,including,without limitation,Title Ill of the ADA and the provision of such auxiliary aids or alternate services as may be required by the ADA. Nothing in this Section 11 2 or elsewhere in this Agreement shall.however, require Global to undertake any ADA compliance activity,nor shall Global have any liability under this Agreement therefor,if (a)such activity requires any Capital Improvements or Capital Equipment purchases,unless the City provides funds for same pursuant to Section 5.8 hereof,or (b)any City Agreement for use.occupancy,rental, and/or lease of a Facility fails to require lessee,tenant,promoter or user (collectively,a "User")of the Facility to comply,and to be financially responsible for compliance,with Title Ill of the ADA,in connection with any activities of user at that Facility.Furthermore, 37 Docusign Envelope ID:A3C1657 1-26E5-4974-BF82-893D08462082B8 Global shall have the right to require any user of a Facility to comply,and to be financially responsible for compliance,with Title Ill of the ADA in connection with any activities of such User at that Facility. 11.3 No Discrimination in Employment. In connection with the performance of work/services under this Agreement, Global shall not refuse to hire,discharge,refuse to promote,demote,or discriminate in matters of compensation against,any person otherwise qualified,solely because of race, color,religion,gender,age,national origin,military status,sexual orientation,marital status,weight,hair style,or physical or mental disability. 11.4 Living Wage. This Agreement is subject to,and Global shall be required to comply throughout the Term hereof with,the provisions of the City's Living Wage requirements, as codified in Sections 2-407 through 2-410 of the City Code (as same may be amended from time to time). 11.5 Equal Benefits for Domestic Partners. This Agreement is subject to,and Global shall be required to comply throughout the Term hereof with,the requirements of Section 2-373 of the City Code entitled,"Requirement for city contractors to provide equal benefits for domestic partners" (as same may be amended from time to time).The Agreement is deemed to be a "covered contract,"as defined in Section 2-373(a)6)of the City Code,and shall require Global to provide its employees working pursuant to this Agreement (whether working within the City of Miami Beach city limits.or within the United States,but outside the City limits,if such employees are directly performing work pursuant to this Agreement)"Equal Benefits"(as defined in Section 2-373(a)(8)of the City Code)to its employees with spouses and its employees with "domestic partners"(as defined in Section 2-373(a)7)of the City Code).Failure by Global to comply with the requirements of Section 2-373 of the City Code (as same may be amended from time to time)shall be deemed to be a material breach of this Agreement which may result in termination of the Agreement,with all monies due or to become due under the Agreement to be returned by the City.The City may also pursue any and all remedies at law or in equity for such breach.Failure to comply with Section 2-373 may also subject Global to debarment,in accordance with the procedures provided in Sections 2-397 through 2-406 of the City Code 12.Termination. 38 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620828 12.1 Termination Upon Default. Either party may terminate this Agreement upon a default by the other-party hereunder.A party shall be in default hereunder if (i)such party fails to pay any sum payable hereunder within thirty (30)days after same is due and payable,or (ii)such party fails in any material respect to perform or comply with any of the other terms,covenants, agreements or conditions hereof and such failure continues for more than sixty (60)days after written notice thereof from the other party.In the event that a default (other than a default in the payment of money)is not reasonably susceptible to being cured within the sixty (60)day period,the defaulting party shall not be considered in default if it shall,within such sixty (60)day period,have commenced with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence in the curing of such default;provided,however,that in no event shall a cure period pursuant to this Section 12.1 exceed a maximum total 0f 120 days after the initial notice of default therefore. 12.2 Termination Other than Upon Default. {a)Global shall have the right to terminate this Agreement upon sixty (60)days written notice to the City (i)under the circumstances described in Sections 5.2,5.3 or 5.5 hereof, or (ii)if the City fails to make Capital Improvements or Capital Equipment purchases at a Facility or to correct any condition at a Facility noted by Global pursuant to Section 2.3(s) hereof,to the extent that such condition materially impairs the ability of Global to manage that Facility. (b)Either party shall have the right to terminate this Agreement under the circumstances specified in Section 13.S(c)hereof. (c)Partial Termination for Convenience by the City.In addition to the rights and options to terminate pursuant to Sections 12.1 and 12.2 (a)and (b)hereof,or any other provision in this Agreement,the City reserves and retains the right,at its sole option and discretion, to terminate this Agreement,in part,without cause and without penalty,with regard to Global's rights and responsibilities with respect to any of Global's obligations under Section 13.16 related to Collins Canal Park,Collins Canal Mangroves,and Carl Fisher Clubhouse and Annex,said partial termination to become effective upon sixty (60)days prior written notice to Global.In the event of a partial termination pursuant to this subsection (d)of all of such areas,the Management Fee shall not be reduced more than $15,000 for the elimination of duties at Collins Canal Park and the Collins Canal Mangroves;nor more than $20,000 for the elimination of duties at Carl Fisher Clubhouse and Annex per Fiscal Year (pro-rated for any partial Fiscal Year)and adjusted by the lesser of CPI or three percent (3%).as in Section 4.1 (a). 39 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D846202 12.3 Effect of Termination. In the event this Agreement expires or is terminated:(i)all Operating Expenses incurred or committed for prior to the date of expiration or termination shall be paid using funds on deposit in the account(s)described in Sections 5.6 and 5.7 hereof and,to the extent such funds are not sufficient,the City shall pay all such Operating Expenses;and (ii)the City shall promptly pay Global all fees earned to the date of expiration or termination (the fees described in Section 4 hereof being subject to proration),provided that the City shall be entitled to offset against such unpaid fees any damages directly incurred by the City in remedying any default by Global hereunder which resulted in such termination (other than the fees or expenses of any replacement manager for the Facilities);and provided further that,in the event of termination or expiration of the Agreement prior to completion of the initial Term,and where such termination or expiration is not caused by a default of the City or a Force Majeure,the City shall also be entitled to offset against such unpaid fees any costs incurred by the City to relocate Global employees to the Facility to perform under this Agreement,subject to proration based on the number of days such employees worked at the Facility out of 1,095.Upon the expiration of this Agreement or a termination pursuant to Section 12.1 or 12.2 hereof,all further obligations of the parties hereunder shall terminate except for the obligations in this Section 12.3 and in Sections 8.1 and 12.4 hereof. 12.4 Surrender of Premises. Upon termination of this Agreement (termination shall,for all purposes in this Agreement,include termination pursuant to the terms of this Section 12 and any expiration during the Term hereof),Global shall surrender and vacate the Facilities upon the effective date of such termination.The Facilities,and all furnishings,fixtures,and equipment thereon,shall be returned to the City in good repair,reasonable wear and tear excepted.All reports,records (including financial records),and any and all other documents maintained by Global relating to this Agreement,other than materials containing Global's proprietary information,shall be immediately surrendered to the City by Global upon termination. 13.Miscellaneous. 13.1 City Use of a Facility/Facilities. (a)The City shall have the right to use each Facility,or any part thereof,upon reasonable advance notice and subject to availability,for such public uses including, without limitation,meetings,seminars,training classes,or such other public uses,as may 40 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B be determined by the City Manager,free of charge,except that direct out-of-pocket expenses incurred in connection with such use(s)shall be paid by the City. (b)The City shall not schedule use of a Facility pursuant to subsection (a)above if such use will conflict with paying events booked by Global. (c)Notwithstanding subsections (a)and (b)above,Global acknowledges that the Convention Center is a high visibility City-owned building.In the case of any type of emergency situation or natural disaster,including,without limitation,a hurricane or other extreme weather event,the City Manager may determine that the City's use of the Facility is necessary to protect the health,safety,and welfare of the residents and visitors of the City.Upon that determination (which determination shall be within the sole authority of the City Manager and shall be based upon the best information and knowledge regarding the particular emergency that the City Manager has available to him at the time of making such determination),and upon verbal or written notice to the General Manager,Global shall promptly cede use of the Convention Center,or any portion thereof,for City use, free of charge (except that direct out-of-pocket expenses incurred in connection with such use shall be paid by the City).during the pendency of the emergency event and/or natural disaster (including,without limitation,the time period(s)immediately preceding and following the actual occurrence of such event). 13.2 Venue/Waiver of Jury Trial. This Agreement shall be governed by,and construed in accordance with, the laws of the State of Florida,both substantive and remedial,without regard to principals of conflict of laws.The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,Florida,if in state court,and the U.S.District Court, Southern District of Florida,if in federal court.BY ENTERING INTO THIS AGREEMENT, CITY AND GLOBAL EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. 13.3 Relationship of Parties. Nothing herein contained is intended or shall be construed in any way as creating a partnership,joint venture.employee,or similar relationship between the City and Global. In operating the Facilities,entering into Facilities contracts,accepting reservations,and conducting financial transactions for the Facilities,Global acts solely as the independent, third-party contractor and exclusive manager for the Facilities (subject to the limitations on Global's authority as set forth in this Agreement),in accordance with its obligations under the Agreement. 41 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B Global shall have exclusive control of and the exclusive right to manage and operate the Facilities pursuant to this Agreement and shall be solely responsible for the acts and omissions of its officers,agents and employees.No person performing any of the work or services described hereunder shall be considered an officer.servant,or employee of the City,nor shall any such person be entitled to any benefits available or granted to employees of the City. The provisions of this section shall survive expiration of the Term. 13.4 Written Amendments. This Agreement shall not be altered,modified or amended in whole or in part.except in writing executed by each of the parties hereto. 13.5 Force Majeure_ (a)No party will be liable or responsible to the other party for any delay,damage,loss, failure,or inability to perform caused by "Force Majeure"if notice is provided to the other party within ten (10)days of the date on which such party gains actual knowledge of the event of "Force Majeure"that such party is unable to perform.The term "Force Majeure," as used in this Agreement,means the following:an act of God,strike,war,public rioting, lightning,fire,storm,flood,explosions,epidemics,pandemics,landslides,lightning storms,earthquakes,floods,storms,washouts,civil disturbances,explosions,and any other cause (whether of the kinds specifically enumerated above or otherwise)which is not reasonably within the control of the party whose performance is to be excused and which by the exercise of due diligence could not be reasonably prevented or overcome (it being acknowledged that under no circumstances shall a failure to pay amounts due and payable hereunder be excusable due to a Force Majeure). (b)Neither party hereto shall be under any obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the provision of any component necessary therefore shall be prohibited or rationed by any Law. (c)In the event of damage to or destruction of a Facility or of the Facilities by reason of fire,storm or other casualty or occurrence of any nature or any regulatory action or requirements that,in either case,is expected to render the Facility or Facilities materially untenantable,for a period of at least one hundred eighty (180)days from the happening of the fire,other casualty or any other such event,either party may terminate this Agreement upon written notice to the other;provided,however,if the damage or destruction does not render the Convention Center materially untenantable for such period of time,either party may terminate this Agreement solely with respect to the other 42 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893084620B82 Facility(ies)rendered untenantable,and this Agreement shall continue in effect with respect to the Convention Center and any other Facility not so affected,provided that the parties shall adjust the Management Fee to reflect such reduction in available Facility space. (d)Global may suspend performance required under this Agreement,without any further liability,in the event of any act of God or other occurrence,which act or occurrence is of such effect and duration as to effectively curtail the use of a Facility or of the Facilities so as to effect a substantial reduction in the need for the services provided by Global for a period in excess of 180 days;provided,however,that for the purposes of this subsection,Global shall have the right to suspend performance retroactively effective as of the date of the use of a Facility or of the Facilities was effectively curtailed."Substantial reduction in the need for these services provided by Global"shall mean such a reduction as shall make the provision of any services by Global economically impractical.No payment of the Management Fee otherwise due and payable to Global shall be made by the City during the period of suspension.In lieu thereof,the City and Global may agree to a reduced Management Fee payment for the period of reduction in services required. 13.6 Binding Upon Successors and Assigns;No Third-Party Beneficiaries. (a)This Agreement and the rights and obligations set forth herein shall inure to the benefit of,and be binding upon,the parties hereto and each of their respective successors and permitted assigns. (b)This Agreement shall not be construed as giving any person,other than the parties hereto and their successors and permitted assigns,any legal or equitable right,remedy or claim under or in respect of this Agreement or any of the provisions herein contained, this Agreement and all provisions and conditions hereof being intended to be,and being, for the sole and exclusive benefit of such parties and their successors and permitted assigns and for the benefit of no other person or entity. 13.7 Notices. Any notice,consent or other communication given pursuant to this Agreement will be in writing and will be effective either (a)when delivered personally to the party for whom intended,(b)on the second business day following mailing by an overnight courier service that is generally recognized as reliable,(c)on the fifth day following mailing by certified or registered mail,return receipt requested,postage prepaid, or (d)on the date transmitted by telecopy as shown on the telecopy confirmation therefore as long as such telecopy transmission is followed by mailing of such notice by certified or registered mail,return receipt requested.postage prepaid,in any case addressed to such 43 I ' Docusign Envelope ID:A3C 16571-26E5-497 4-BF82-893D84620B2B party as set forth below or as a party may designate by written notice given to the other party in accordance herewith. To the City: City of Miami Beach 1700 Convention Center Drive Miami Beach,FL 33139 Attn:City Manager AND City of Miami Beach 1700 Convention Center Drive Miami Beach.FL 33139 Attn:City Attorney AND City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Attn:Economic Development Department Director To Global: Global Spectrum,L.P d/b/a OVG360 5050 S.Syracuse St.,Suite 800 Denver,CO 80237 Attn:President AND Global Spectrum,L.P. d/b/a OVG360 5050 S.Syracuse St.,Suite 800 Denver,CO 80237 Attn:Legal Department 44 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B82B 13.8 Section Headings and Defined Terms The section headings contained herein are for reference purposes only and shall not in any way affect the meaning and interpretation of this Agreement.The terms defined herein and in any agreement executed in connection herewith include the plural as well as the singular and the singular as well as the plural,and the use of masculine pronouns shall include the feminine and neutral.Except as otherwise indicated,all agreements defined herein refer to the same as from time to time amended or supplemented or the terms thereof waived or modified in accordance herewith and therewith.The parties to this Agreement have all participated fully in the negotiation and preparation hereof;and,accordingly,this Agreement shall not be more strictly construed against any one of the parties hereto. 13.9 Counterparts This Agreement may be executed in two or more counterparts,each of which shall be deemed an original copy of this Agreement,and all of which,when taken together,shall be deemed to constitute but one and the same agreement, 13.10 Severability. The invalidity or unenforceability of any particular provision,or part of any provision,of this Agreement shall not affect the other provisions or parts hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions or parts were omitted. 13.11 Non-Waiver. A failure by either party to take any action with respect to any default or violation by the other of any of the terms,covenants,or conditions of this Agreement shall not in any respect limit,prejudice,diminish,or constitute a waiver of any rights of such party to act with respect to any prior,contemporaneous,or subsequent violation or default or with respect to any continuation or repetition of the original violation or default 13.12 Certain Representations,Warranties and Acknowledgements. (a)The City represents,warrants,and covenants to Global the following:(i)all required approvals have been obtained,and the City has full legal right,power and authority to enter into and perform its obligations hereunder;and (ii)this Agreement has 45 1 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D084620B2 been duly executed and delivered by the City and constitutes a valid and binding obligation of the City,enforceable in accordance with its terms,except as such enforceability may be limited by bankruptcy,insolvency,reorganization or similar laws affecting creditors'rights generally or by general equitable principles. (b)Global represents and warrants to the City the following:(i)all required approvals have been obtained,and Global has full legal right,power and authority to enter into and perform its obligations hereunder,and (ii)this Agreement has been duly executed and delivered by Global and constitutes a valid and binding obligation of Global,enforceable in accordance with its terms,except as such enforceability may be limited by bankruptcy, insolvency,reorganization or similar laws affecting creditors'rights generally or by general equitable principles (c)The parties acknowledge that neither Global nor any related party has a role or relationship with the City that would substantially limit the City's rights to take action under this Agreement,including the following:(i)no more than 20 percent of the voting power of the governing body of the City (in this case the City Commission)is vested in the directors, officers,shareholders,partners,members,and employees of Global (or any related party to Global),in the aggregate;(ii)the governing body of the City Commission does not include the chief executive officer of Global (or any related party to Global)or the chairperson (or equivalent executive)of Global's (or any related party to Global)governing body;and (iii)the chief executive officer of Global (or any related party to Global)is not the chief executive officer (or equivalent person)of the City or any of the City's related parties (as defined in U.S.Treasury Regulation $1.150-1(b)) 13.13 Approvals. Whenever any matter set forth herein is made subject to the approval of the City or Global,the approval shall be expressed in writing and the City or Global (as applicable) shall not unreasonably withhold,delay or condition any such approval. 13.14 Global's Compliance with Florida Public Records law (a)Global shall comply with Florida Public Records law under Chapter 119. Florida Statutes,as may be amended from time to time. (b)The term "public records"shall have the meaning set forth in Section 119.011(12),which means all documents,papers,letters,maps,books,tapes, photographs,films,sound recordings,data processing software,or other material, regardless of the physical form,characteristics,or means of transmission,made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 46 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D0846202B (c)Pursuant to Section 119.0701 of the Florida Statutes,if Global meets the definition of "Contractor"as defined in Section 119.0701(1)a).Global shall: (1)Keep and maintain public records required by the City to perform the service; (2)Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law; (3)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed,except as authorized by law,for the duration of the contract term and following completion of the Agreement if Global does not transfer the records to the City. (4)Upon completion of the Agreement,transfer,at no cost to the City,all public records in possession of Global or keep and maintain public records required by the City to perform the service.If Global transfers all public records to the City upon completion of the Agreement,Global shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If Global keeps and maintains public records upon completion of the Agreement,Global shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City,upon request from the City's custodian of public records,in a format that is compatible with the information technology systems of the City. (d)REQUESTS FOR RECORDS:NONCOMPLIANCE (1)A request to inspect or copy public records relating to the City's contract for services must be made directly to the City.If the City does not possess the requested records,the City shall immediately notify Global of the request,and Global must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2)Global's failure to comply with the City's request for records shall constitute a breach of this Agreement.and the City,at its sole discretion, may:(1)unilaterally terminate the Agreement;(2)avail itself of the 47 Docusign Envelope ID:A3C16571-26E5-4974-BF82-893O84620B2B remedies set forth under the Agreement;and/or (3)avail itself of any available remedies at law or in equity (3)If Global fails to provide the public records to the City within a reasonable time,it may be subject to penalties under Section 119.10 of the Florida Statutes. (e)CIVIL ACTION. (1)If a civil action is filed against a Global to compel production of public records relating to the City's contract for services,the court shall assess and award against Global the reasonable costs of enforcement.including reasonable attorneys'fees,if: a.The court determines that Global unlawfully refused to comply with the public records request within a reasonable time;and b.At least 8 business days before filing the action,the plaintiff provided written notice of the public records request,including a statement that Global has not complied with the request,to the City and to Global. (2)A notice complies with subparagraph (1 )(b)if it is sent to the City's custodian of public records and to Global at Global's address listed on its contract with the City or to Global's registered agent.Such notices must be sent by common carrier delivery service or by registered,Global Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. (3)If Global complies with a public records request within 8 business days after the notice is sent,Global shall not be liable for the reasonable costs of enforcement. (f)IF GLOBAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO GLOBAL'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION:RAFAEL E.GRANADO,CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 E-MAIL:RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE:305-673-7411 48 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D084620828 13.15 Prohibitions Regarding Sale Or Use Of Expanded Polystyrene Food Service Articles.Single Jse Plastic Beverage Straws_And Single-Use Plastic Stirrers. 13.15.1 Global hereby agrees and acknowledges that,pursuant to Section 82-7 of the City Code,as may be amended from time to time,Global shall not sell,use,provide food in,or offer the use of expanded polystyrene food service articles (as defined in City Code Section 82-7)in City facilities or on City property,in connection with any services performed pursuant to this Agreement.A violation of this section shall be deemed a default under the terms of this Agreement.Notwithstanding the above,this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Global. 13.15.2 Additionally,Global agrees and acknowledges that,pursuant to Section 82-8 of the City Code,as may be amended from time to time,Global shall not sell,use,provide food in,or offer the use of single-use plastic bevera ge straws or single-use plastic stirrers (as defined in City Code Section 82-8)in City facilities or on City property,in connection with any services performed pursuant to this Ag reement.A violation of this section shall be deemed a default under the terms of this Agreem ent.Notw ithstanding the above,the requirem ents of Section 82-8 shall not restrict G lobal from pro viding a bevera ge with,or offering the use of,a single-use plastic beverage stra w or single-use plastic stirrer to an individual with a disability or medical condition that im pairs the consum ption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. 13.15.3 As additional consideration fo r this Agreem ent and as an additional public benefit,regardless of the legal fo rce and effect of the foregoing Sections 82-7,82-8 and 46- 92(c)of the City Code,as may be am ended fro m tim e to tim e,G lobal agrees: 13.15.3.1 not sell,use,provide food in,or offer the use of expanded polystyre ne fo od service articles in the Facility.A violation of this section shall be deemed a default under the terms of this Agreem ent.Notw ithstanding the above,this section shall not apply to expanded polystyrene fo od serv ice articl es used for prepackaged food that have been filled and sealed prior to receipt by G lobal;and 13.15.3.2 not sell,use,pro vide food in,or offer the use of single-use plastic beverage straws or single-use plastic stirrers in the Facility.A violation of this section shall be deem ed a default under the term s of this Agreement.Notw ithstanding the above,G lobal shall be permitted to pro viding a beverage w ith,or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability or medical condition that im pairs the 49 I Docusign Envelope ID:A3C1657 1-26E5-4974-BF82-893D84620B828 consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. 13.16 Collins Canal Park,Carl Fisher Clubhouse and Annex. 13.16.1 Collins Canal Park.The parties acknowledge that the City has developed Collins Canal Park,adjacent to the northern side of the Convention Center, renovated two (2)clubhouse buildings formerly known as the Carl Fisher Clubhouse and the Annex (also known as the "Little Stage Theater")within Collins Canal Park,all of which assets are integral parts of the Convention Center campus.Global agrees to perform the functions and services described on Exhibit "T"("Services To Be Performed By Global At Collins Canal Park")with respect to the maintenance,safety and security of Collins Canal Park.The Facilities include the green space.mangroves along the Collins Canal adjacent to Collins Canal Park,hardscape surfaces and seating areas as identified on Exhibit "K" 1316.2 Carl Fisher Clubhouse and Annex.Global will manage, operate,and maintain the Carl Fisher Clubhouse and Annex,now referred to as the Rum Room and the Venu,as such property is identified on Exhibit "K"hereto (collectively, "CFCH").The parties acknowledge that the City has engaged Sodexo Live!to provide food and beverage services at CFCH and thus Global's duties shall not include the provision of food and beverage at CFCH but shall include oversight and management of Sodexo Live!'s services at the CFCH. 13.16.3 Management Services for Collins Canal Park and CFCH.As part of its management of Collins Canal Park and CFCH,Global shall also be responsible for marketing,sales (including but not limited to venue rentals and provision of ancillary revenue-generating services),booking,security,programming,activating and coordination with the City with respect to any City public programming of Collins Canal Park and CFCH, in the same manner as such services are generally provided for the Convention Center pursuant to this Agreement. 13.16.4 Operating Expenses to be Paid by City.All costs related to the operation,management and maintenance of Collins Canal Park and CFCH including without limitation staffing,insurance,supplies,landscaping,safety services,and fees paid to third party contractors providing services on such properties,shall be Operating Expenses to be funded by the City in accordance with the terms of Section 5.1 of this Agreement.Global shall have no costs for its own account in connection with operating, managing and maintaining such sites.Global shall develop a budget for such costs prior to each Operating Year which budget shall be subject to the City's reasonable approval 50 I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B 13.1 7 Acknowledgement of Scope of Other Landscaping and Maintenance Services Provided Under this Agreement.The City and Global hereby acknowledge that as part of Global's maintenance,operation and management of Collins Canal Park and CFCH under this Agreement,Global's scope of services includes maintenance and management of the landscaping and sidewalk areas along the entire frontage of the Convention Center,including (1)the entire frontage along Washington Avenue and Convention Center Drive;(2)the two (2)inner most travel lanes of Convention Center Drive,providing vehicular,pedestrian and curbside management;as well as the right of way areas to the north of the Convention Center (19"Street/Dade Blvd)and south of the Convention Center,where the south loading docks are located,with all such services paid to Global as part of its overall compensation for the operation and management of the Facilities under this Agreement,and all costs related to such services being Operating Expenses under this Agreement. 13.18 CIty and Global Coordination Regarding Parking Garage and Valet Services. City and Global acknowledge that the City,by and through its Parking Department,will be solely responsible for the management,operation,safety,security and maintenance of the parking garage structure located at the north side of the Convention Center ("City Parking Garage),with the City Parking Garage maintained by the City as part of its Parking System,and further,that City is solely responsible for contracting with a valet services operator for the Convention Center and related areas.The City agrees to coordinate closely with Global with respect to the efficient utilization of the City Parking Garage, including site logistics,facility maintenance and cleanliness,maintenance of traffic plans, coordination of valet services,and opportunities for efficiencies and collaboration with respect to value-added services that may be provided to event attendees at the Convention Center,such as the use of a reservations system for either valet services or the use of the City Parking Garage,for the benefit of event attendees.As Global is not the manager or operator of the City Parking Garage,nor providing maintenance or security services at the City Parking Garage,Global shall have no liability for claims arising out of the management, operational or maintenance of the City Parking Garage and shall be indemnified and held harmless by the City for any and all such claims,except to the limited extent any such claims are caused by any action or omission of Global and/or its employees/agents. 13.19 Entire Agreement. This Agreement and the Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces Sl I Docusign Envelope ID:A3C16571-26E5-4974-BF82-893D84620B2B any prior agreements,understandings and commitments of the parties hereto,except that any obligations accruing under the Original Agreement (such as indemnity and payment obligations)that are not satisfied as of the date hereof shall continue in effect and survive termination hereof.Any oral representations or modifications concerning this Agreement shall be of no force and effect. IN WITNESS WHEREOF,this Agreement has been duly executed by the parties hereto as of the day and year first above written. ATTEST: By:_ Name: Title: CITY OF MIAMI BEACH,FLORIDA GLOBAL SPECTRUM,LP. d/b/a OVG360 1G...»By:___:~====.,9<:>t5F....•4.w.Bl"""322"-LEP.111ot46......Z ----- Name: Title: APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION-®,·zJ ...,,,I=..,,_ w e [g ow 52 I Page Brian Rothenberg EVP and GC EXHIBIT "A" CITY AGREEMENTS Copies of these agreements are maintained by both the City of Miami Beach and OVG360: •Honeywell •Smart City •Liberty Elevator •Art Basel 53 EXHIBIT "B" 54 CONVENTION CENTER BOOKING POLICIES MIANIBEACH MIAMI BEACH CONVENTION CENTER AM END ED AN D REST ATE D B80OKING POLICY GUIDELINES I.STATE M ENT O F PU RPOS E: The Miami Beach Convention Center (the "MBC"or the "Center}is a national and international convention,tradeshow,and multi-purpose facility owned by the City of Miami Beach.One of the MBCC's primary objectives is to promote and facilitate events and activities which have a significant impact in terms of Convention Development Tax ("CDT")generated. When booking the MBCC,consideration shall be given to the following factors: i,significant impact in terms of CDT generated; ii.total number of hotel rooms required; iii.projected revenue to the MBCC,both in terms of direct space rental revenue,as well as projected revenue from concessions and other building services, iv.time of year; v.number of move-in and move-out dates required for the event; v.potential for repeat booking;and vii.previous history and experience of the potential user with respect to use of similar facilities. I.SCHEDULING PRIORITIES: A.First Priority Events:Generally speaking,first priority for scheduling events in the MCC is available to regional,national,and international conventions,trade shows (open to the trade oniy),cultural shows,corporate meetings,and other events which have a significant impact in terms of CDT generated.in order to be considered for a first Priority designation,an event shall. i.require in excess of 115,000 gross square feet of exhibit space in the MBCC, ii.require a minimum of three (3)nights in Miami Oade County,with 1,500 hotel rooms occupied on the peak night; AN D iii.generate over 4,000 room nights In Mlam!-Dade County in total. CDT impact and room count calculations are based on contracted hotel room nights,as demonstrated by room block agreements with hotels in Miami-Dade County.CDT impact and room count calculations are subject to verification by the City. 55 B.Facility and space scheduling commitments for First Priority Events may be made as far in advance as is necessary or appropriate and may supersede requests for other events,unless a License Agreement has been previously executed between the MBCC and the user for such other event.License Agreements for First Priority {vents may be entered into as far ir advance as necessary or appropriate,at the discretion of the General Manager.A License Agreement will be presented to the user by the General Manager no later than 60 days from the date the event commits to the MCC.Provided that the event is committed at least 24 months in advance ot the first move-in date,the user will be allowed 90 days from the receipt o'the License Agreement from the General Manager to execute and return it to the General Manager,along with the required deposit.In the event the icense Agreement is not executed,or the deposit is not received,within 90 days,the event will lose its First Priority status and another event can secure the requested dates and space.For events that commit to the MBCC fewer than 24 months in advance of the first move-in date,the General Manager will determine an appropriate period of time for executing the License Agreement and payment of the required deposit. C.Facility and space scheduling commitments for Second Priority {vents cannot be secured more than 24 months in advance of the first move-in date,and are subject to change to accommodate First Priority Events,prior to a License Agreement being executed by the General Manager and user for such event.License Agreements for Second Priority Events may be issued to the user by the General Manager twenty-four (24)months prior to the first move-in date of the event. DO.Facility and space scheduling commitments for Third Priority Events cannot be secured more than 13 months in advance of the first move -in date.License Agreements will not be finalized prior to 13 months in advance. f.Facilities and dates wilt be tentatively held pending notification to the contrary by either patty.In the event a tentative commitment is released by the M8CC,the requesting party will be notified the facilities and/or dates have been released. i.First Option·Facilities and dates reserved on first Option are reserved tentatively,but a conflicting commitment for the facilities and dates generally will not be made in favor of a second requesting party within the same scheduling priority without the party holding a first Option having the opportunity to execute a License Agreement within the timeline specified or release its reservation.A First Option held by a Second or Third Priority Event can always be superseded by,respectively,a first or Second Priority Event,unless a License greement has been previously executed.At the discretion of the General Manager,a party with a First Priority Event holding a First Option may be required,within seven ({7)days of written notice,to execute a license Agreement and post a deposit at any time that the General Manager has a good faith request in writing from another First Priority vent for the same dates 56 ii.Second Option -Facilities and dates reserved on a Second Option basis will be reserved tentatively,and the absence of a valid First Option hold for the same space and time shall not guarantee the elevation of a Second Option hold to a First Option hold. iii.Definite Bo0king -Events are considered a Definite Bo0king (under contractual commitment)only upon execution of a license Agreement by the user and the General Manager,and which is accompanied by the required initial deposit F.Definite 1 Status -In the case of extraordinarily large,City-wide conventions,an event may qualify for Oefinite 1 Status.Definite 1 Status commits the agreed upon space until five (5) years from tne date of the first move-in date,contingent on no other interest in the space.It another user expresses an interest in the space and a commitment to sign an License Agreement,the user with Definite 1 Status will have first right to confirm the space within 60 days of being notified of the other interest.Upon return of the executed License Agreement accompanied by the agreed upon additional non·refundable deposits,the space will be held without any other contingency as a Definite Booking (as defined above}.For an event to qualify for Definite 1 Status,it must satisfy all of the following criteria. i.use of all four (4)Exhibition Halls at the MCC;and ii.utilize a minimum of 3,500 hotel rooms in Miami-Dade County on the peak night; and iii.the first move in date is more than five (5)years in the future;and iv.the user is unable to execute a formal License Agreement more than five (5)years in advance of the event;and v.a letter of intent,in the standard form used by the GMCV8 and subject to prior written approval by the City Manager,is executed by and among the user,the GMCV8,the General Manager and,if the event will take place outside the term of the MCC Management Agreement,the City Manager,and shall,at minimum: be accompanied by an initial,non refundable deposit,payable to the MB8CC,of not less than $1,000;and o establish a schedule of additional annual,non-refundable deposits, payable to the MCC,of not less than $1,000 per year;and o pro vide evidence of a room block(s}including specific documentation from the headquarter hotel and supporting hotels totaling no fewer than 8,000 committed room nights,and 57 In order to be considered for First Priority designation,an event shali demonstrate the hotel room count history during presentation of the identical event either (1}in Miami-Dade County,or (2)in the case of events which move from city to city on a rotational basis or are relocating from another location,the hotel room count history of the identical event shail be verified by the Greater Miami Convention and Visitors Bureau ("GMVB")using generally accepted industry standards,(ie,DMAI MINT system or written verification from a prior location CVB). Alternatively,for an event that is booked in the future First Priority designation may also be determined based on CDT generated by looking at the prior history of the event,subject to (1)verification by the City;and (2)at user's expense,a qualified independent auditor licensed to perform audits within the State of Florida. Within the first Priority category,the City will give preference to the event with the most significant impact in terms of Convention Development Tax generated. B.Marquee Events -Notwithstanding the above,the City Commission may also,upon the written recommendation of the City Manager and a 5/7ths vote of the City Commission,grant First Priority status to unique,high profile events that the City determines will bring significant benefit to the City and/or Miami-Dade County in terms of overall economic impact.An Event is defined as regional,national,and international conventions,trade shows (open to the trade only),cultural shows,corporate meetings,and other events which have a significant impact in terms of CDT generated. C.Second Priority Events:Second Priority Events will have similar characteristics as First Priority events.The room block requirement will be for a minimum of two {2)nights in Miami-Dade County,with one (1)peak night ranging from 500 to 1,499 rooms occupied on the peak night. A Second Priority event will utilize 1,500 t0 3,999 room nights in total. D.Third Priority Events:Third Priority for scheduling facilities and dates in the MCC is available to all other events.Third Priority Events do not have a peak room night requirement.MBC revenue and community impact will be important characteristics in securing Third Priority Events. E.Subject to the scheduling priorities set forth in this Section II,the MC General Manager (General Manager)may exercise his/her discretion as to the issuance,modification,or termination of scheduling reservations. IHI.BOOKING PROCEDURES A.Reservations more than twenty four (24)months before an event are normally handled through the GMVB,subject to approval of the General Manager,and are subject to the guidelines of Section II herein. 58 o com m it user to execu ting a License Ag reem ent no later than five (6)years prior to the first move-in day of the event. IV.PROTE CTI ON CLA USE:REPEAT BUSINESS A Protection Clause shall,upon the recom m endation of the General Manager,and subject to the approval of the City M anager,be granted to rec urring eve nts with a proven rec ord of success, defined as the succe ssful com pletion of,at minim um ,tw o {2)consec utive shows in two {2)years, w hich have produced sgnf cant revenue to the M C C or significant impact in term s of Conv ention Developm ent Tax generated.First Priority users w ill be required to furn ish the required roo m nights and econom ic im pact results w ithin 90 days of the event's fin al event day If the room nights fa ll be low the agree d upo n First Priority threshold,the user m ay lose first Priority status.If granted, such Protect ion Clause will be incl uded in the License Ag reem ent and,thereafter re·review ed {at m in im um }every three (3)years by the General M ana ger,and subject to the approval of the City M anager,in future license Ag reem ents.Notw ithstanding the foregoing,the gr anting of a Protect ion Clause in a license Ag reem ent shall not vest any right(s)or reliance on the part of the licensee as to the granting ot said cl ause in subsequent or fu ture License Ag reem ents,but shall at all tim es be subject to the review and approval procedures set forth above. Th e Protect ion Period shall not excee d a total of sixty (60)days,plus the show days .The num be r of days prior to and after the event shall be the subject of agreem ent be tw een the Licensee and the General M anager,but a minim um of fift een (15)days shall be required on each side of the event If a Protect ion Clause is granted,it will read as follows : PROTE CT ION CLA USE: Licenso r agrees that it w ill not license any po rt ion ot the Convention Center facility to any Co m pe ting Event fo r the period com m encing 30 days befo re Licensee 's first show day,and concluding _30 days after Licensee's last show day (the p rotection Period").A "Com peting Event"is hereby defined as an event w hich has thirt y perc ent (30%)or m ore of the total num ber of exhibitors/bo oths in the same ev ent show ing/se lli ng product lines in the License e's event;provided,how ever ,that a show that is open to the public shall nev er be deem ed a Com pe ting Event w ith a show open only to the trade,and vice versa .Th e determ ina tio n of w hether or not an event is a "Com peting Event"shall be solely w ithin the discretion of the General M ana ger,and shall be based upo n the product lines in the proposed event's prior show s V.DEPOSIT SC HEDULES: De po sits are required fo r al activities upo n execution of an M BCC License Ag ree m ent. 59 A.First Priority Events:A non-refundable deposit,in the amount of one day's minimum guaranteed rental per hail,or such other deposit as the General Manager may authorize,is required upon execution of the ticense Agreement.For events licensed five (S)years or more in advance,special arrangements may be negotiated,at the General Manager's option,for a lesser deposit upon License Agreement execution and a defined schedule for intermediate deposit payments,with the balance of all estimated charges being due and payable thirty (30) days in advance of the event •Second Priority Events:A minimum,non-refundable deposit will be required upon execution of the License Agreement as follows.one day's minimum guaranteed rental for the first hall, and an additional 33-1/3%of one day's minimum guaranteed rental for each additional hall. However,first-tume events without a past history of success,and users with inadequate references,or prior event sponsorships,a record of slow payment,etc.,may be required,at the General Manager's option,to remit up to one hundred percent (100%)of anticipated rental and related expenses upon execution of ticense Agreement,with the balance of all estimated charges being due and payable thirty (30)days in advance of the event. C.Third Priority Events:A minimum non-refundable deposit of 100%of one day's minimum guaranteed rent for all MBCC secured space will be required,,with the balance of all estimated charges being due and payable thirty (30)days in advance of the event. V.MOVE IN/MOVE OUT GUIDELINES: MBCC will offer one (1)complimentary move-in or move-out day for every show day (open to attendees or public).MCC will charge the standard rental rates with any additional service charges tor days needed beyond the stated allocation.MCC may ask for paid move-in and/or move out days to be released based on other group needs for that timeframe. REV 120789,060890,070892,060398,051299,070799,051601 60 A''BEACH Policy for P2 Room Night Qualification The purpose of the audit process outlined below is to create an objective measure of room night production for an event at the MBCC that does not secure room blocks at Miami Beach hotels.The process includes event partners'participation including the MBCC,GMCVB and City of Miami Beach as well as participating Miami Beach hotels. The methodology presented and agreed upon will be the only methodology accepted for this purpose.The cost of completing the process will be borne by the event organizer.An independent third party will be required to complete the audit.The third party that is engaged must also be approved by the MBCC and City of Miami Beach.This will be an annual or bi- annual process,at the City's discretion,for those events that want to confirm and/or achieve a designated status related to the MBCC Booking Policy,with final approval from the City Manager. Criteria for Third Party Audit Selection: •The event organizer has the right to choose their own audit firm,but the following minimum standards must be met: o An independent CPA firm with a minimum of 5 years in business o Registered in the state of Florida o Experience with audits in the hotel or hospitality industry preferred but not required. Process Overview: 1.CMB to provide audit "form"to be completed (Attached).Third party auditor must use the provided form which includes the following: a.Name b.Hotel c.Check in date d.Check out date e.Check box that applies:Vendor Supplier Customer f.Signature g.Print name 61 \°'BEACH zzzz at z ±e 2.The event organizer will be required to reach attendees,exhibitors,vendors and suppliers in order to distribute audit forms provided by the City.The event organizer can target these audiences in advance during the preregistration period or on the floor during the event. 3.Event attendees,exhibitors and suppliers will be required to fill out the form that confirms the hotel where they stayed and their length of stay. 4.The event organizer will then compile a list in excel or a similar format encompassing the information on those forms to be audited by the third party with cooperation from the hotel partners.The individual forms that have been completed will be the "source document"for the audit. 5.The event organizer will supply the list of attendees,exhibitors and other vendors who have participated in the event to the third party audit firm. 6.The list will be broken down by each Miami Beach hotel in an agreed upon format for the third party audit firm to "spot check". 7.The third party audit firm will contact the hotels to validate the lists though a random selection process that will statistically validate the overall room night consumption. 8.The third-party auditor will submit their report stating their opinion and validity on the show studied to the MBCC for approval within 60 business days from the close of the event. Booking Policy Parameter for Audit Process •Priority 1:Events that require an excess of 115,000 gross square feet of exhibit space at the Miami Beach Convention Center (MBCC);require a minimum of three (3) nights in Miami-Dade County,with 1,500 hotel rooms occupied on the peak night and generate over 4,000 room nights in Miami-Dade County in total.Facility and space scheduling commitments for First Priority Events may be made as far in advance as necessary or appropriate and may superseded requests for other events, unless a Licensee Agreement has been previously executed between the MBCC and the user for such other event. •Priority 2:Events that require an excess of 115,000 gross square feet of exhibit space at the Miami Beach Convention Center (MBCC);require a minimum of two (2)nights in Miami-Dade County,with one (1)peak night ranging from 500 to 1,499 rooms occupied on the peak night.It will also utilize 1,500 to 3,999 room nights in total. Facility and space scheduling commitments for Second Priority Events cannot be secured more than 24 months in advance of the first move-in date,and are subject to change to accommodate First Priority Events,prior to a Licensee Agreement being executed by the General Manager and user for such event. 62 :A BEACH •u,:,1:,: •Priority 3:no room nights required,MBCC revenue and community impact is the primary consideration.Priority 3 events can be booked between 0-13 months from the date of the event. 63 EXHIBIT "C" CLEANLINESS INDEX STANDARDS City of Miami Beach (As of 8-20-21) Objective 3 Approach 3 Cleanliness Index for Streets,Sidewalks,Right-of-ways,Parks,Parking,and Alleys 6 Public Area Cleanliness lndex 14 Assessment Areas and Frequencies 15 Cleanliness Assessment Process 20 Best Practices (Examples)27 Assessors 34 References 41 64 City of Miami Beach Public Area Cleanliness Index Objective The objective of the Public Area Cleanliness Index is to define a set of standards that can be used to measure the cleanliness of the City of Miami Beach's public areas.The public areas that will be measured by this index are as follows: Public Area Departm ent Responsible fo r Cleanliness Streets and Sidewalks Sanitation (includes medians,alleys,and adjacent public green space areas) Parks Parks and Recreation Surface Parking Lots Parking Waterways Sanitation Beach Areas Sanitation /Parks and Recreation (Beachwalk,Boardwalk,sand dunes, and beach spoils) Using this index assessments of the public area are conducted to score the cleanliness of the area based on contributing factors.The cleanliness index and assessments will assist in achieving the following: The index will provide a quantitative measurement to gauge the cleanliness of the City as it relates to the vision statement. The departments responsible for cleaning the public area can use the data captured by the index to direct their efforts in improving tt maintenance functions.For example,Sanitation may use their cleanliness rating score to evaluate whether the service level assignE to a street and sidewalk is sufficient to keep the area acceptably clean. The index can assist the departments in determining what factors affect the cleanliness of the public area. The index can evaluate if different initiatives and service levels are effective in making the public area cleaner. Approach When determining the index and a process to assess the cleanliness of the City's public areas,five factors were considered and defined: Index -Defines the standard and numerical rating scale used to measure the cleanliness of the public area. •Areas to assess -Determines which areas will be evaluated against the index and defines the process on how to evaluate each of those areas to obtain an accurate cleanliness score.When the areas have been defined,a sample size must be calculated to accurately represent the area as a whole for the City. Frequency of the assessments -Defines the number of times an area must be assessed.This is important to determine if the cleanliness of the public area is affected by different times of the day,week,or year. Assessors -Identifies the number of assessors needed to assess the cleanliness of the areas. Reporting -Identifies how the assessment data will be reported to the departments Many municipalities were first researched to leverage best practices when defining the cleanliness index and assessment process f the Miami Beach public areas.For a listing and brief descriptions of approaches used by other municipalities,please refer to Apper B-References and Best Practices.Information was also gathered from the Sanitation,Parks and Recreation,and Parking departments on defining the index and a process to assess each of the public areas.Preliminary test runs were then conducted wit each department to test the index and the process and to determine the time needed to assess a specific area. After the test runs were conducted,the total population of public areas was identified.Calculations were then made to determine th sample size of each of the public areas and the frequency for the assessments.After the sample size for each public area was determined,the number of volunteer inspectors was identified.Finally,reports were defined to allow each of the departments the al to use the data collected by the cleanliness index in an effective manner. 65 Cleanliness Index The challenge when defining a set of ratings is that the definition of cleanliness may mean something different from one person to tt next.What one person considers an acceptably clean sidewalk may be a dirty sidewalk to the next person.To avoid this issue,the Public Area Cleanliness Index must be a defined set of ratings that can effectively provide an objective measurement on the cleanlir of the city. When defining the index,interviews were conducted with all departments responsible for cleaning their public areas.In addition,ott municipalities were contacted or researched,in order to obtain best practices on measuring cleanliness.A summary of the informa1 from other municipalities is contained in the Appendix B-References and Best Practices. The proposed cleanliness index is based on a 6 point scale that rates four factors that directly affect the cleanliness of the public arE The four factors are Trash/Litter,Litter/Garbage Cans,Organic Materials,and Fecal Matter.The tables beginning on the next page contains the proposed cleanliness index. 66 Cleanliness Index for Streets,Sidewalks,Right-of-Ways,Parks,Parking,and Alleys Index Litter /Trash Litter /Garb aae Cans Oraanic Materials Fecal Matter •No litter and/or debris on •Can is in good working •Isolated instances of small •Fecal matter is not visible. entire block face.order and none are no more fresh organic material,such 1 than 3/4 full.as leaves,branches,etc., Extremely •Can is in a clean condition cover the paved area. Clean free of items,such as •No large organic material, slickers,graffiti.such as tree limbs or palm fronds on the ground. •Isolated pieces of litter on •Can is in good working •Less than 10%of a 10 step •Past residue of fecal matter. the entire assessed area.order and none are no more distance paved area is It seems that an attempt The area is not void of litter,than 3/4 full.There is covered by small organic was made to clean the fecal but may contain an isolated isolated piece of trash materials,but occurring no matter,but residue was left incidence of litter.outside of the can.more than 10%of the entire behind.2 •Can is in a clean condition assessed area.If occurringCleanfreeofitems,such as in more than 10%of the stickers,graffiti.entire assessed area,then add 1 point. •No large organic material on the ground. •Small to moderate amounts •Can is functioning,but is full •Between 10%-30%of a 10 •One instance of fecal matter of litter.In a 10 step with trash,which can be step paved area is covered is present on the public distance the litter seen from the eye level.by organic materials,but area. accumulation should There is no litter above the occurring in no more than account to less than 10 rain guard.There is some 10%of the entire assessed small pieces or 2-4 pieces residue from past garbage.area.If occurring in more of large litter,but occurring •Can is in a clean condition,than 10%of the entire in no more than 10%of the but may have one small assessed area,then add 1 entire assessed area.isolated instance of a point. •If the litter density is sticker or graffiti,which the •Between 1 and 3 pieces of occurring between 10-25%eye is not drawn to it.large organic materials is on 3 of the assessed area,then the ground. Somewhat add 1 point from the rating •Isolated case of organic Clean scale.material accumulation •If the litter density is caused by standing wateroccurringmorethan25%of and poor drainage.the assessed area,then add 2 points from the rating scale. Guideline:Is the I itter something you notice,but your eye is not constantly drawn to it?The area has a clean appearance,but does need some attention. 67 Cleanliness Index for Streets,Sidewalks,Right-of-Ways,Parks,Parking,and Alleys Index Litter/Trash Litter /Garbage Cans Organic Materials Fecal Matter •Consistently scattered •Can is full and there is •Between 30%-50%of a •Two instances of fecal trash.In a 10 step trash above the rain guard.10 step paved area is matter are present on the distance the trash In some cases,there is covered by organic public area. accumulation should evidence that there is materials,but occurring in account to more than 10 improper use by the no more than 10%of the pieces of small litter or residents.entire assessed area.If over 4 pieces of large litter •Can is in a working occurring in more than occurring in no more than condition,but contains 10%of the entire assessed 10%of the entire items such as stickers or area,then add 1 point. assessed area.graffiti on them.•Between 4 and 10 pieces 4 •If the litter density is •Can has some damage,of large organic materials Somewhat occurring between 10-25%such as dents,but is is on the ground. Dirty of the assessed area,then usable.•2 to 3 instances of organicadd1pointfromtheratingmaterialaccumulationscale.caused by standing water •If the litter density is and poor drainage. occurring more than 25%•The organic material isoftheassessedarea,then beginning to turn brown.add 2 points from the rating scale. Guideline:Trash or litter is obvious and your eye is constantlv drawn to it. •Consistent accumulation of •Can is full and there is •Over 50%of a 10 step •Three instances of fecal trash.In a 10 step trash above the rain guard paved area is covered by matter are present on the distance there are multiple and beginning to overflow organic materials,but public area. piles of trash consisting of since there is no room to occurring in no more than more than 10 pieces of put additional trash.There 10%of the entire assessed small litter or over 4 pieces may be evidence of area.If occurring in more of large litter.improper use by the than 10%of the entire •If the litter density is residents.assessed area,then add 1 occurring between 10-25%•Can has considerable point. of the assessed area,then damage,but is usable.•Over 10 pieces of large 5 add 1 point from the rating •A large area of the can organic materials is on the Dirty scale.contains items such as ground. stickers or graffiti on them.•3-4instances of organic material accumulation caused by standing water and poor drainage. •Faint foul odor is present due to standing water. •The organic material has been on the ground for some lime and has turned brown. 68 Cleanliness Index for Streets,Sidewalks,Right-of-Ways,Parks,Parking,and Alleys Index Litter I Trash Litter /Garbage Cans Organic Materials Fecal Matter Area is blocked by an •Can is full and trash has •90-100%of a 10 step paved •Four or more instances of accumulation of trash and overflowed to the ground.area is covered with organic fecal matter are present on litter.Illegal dumping may be In some cases,there is a material.The organic the public area. evident.Hazardous materials rat/rodent/insect infestation.material has been on the on the street.•Can is damaged and needs ground for some time and to be replaced.has turned brown. 6 Guideline:This area has been •Can is covered of items •Over 5 instances of organic Extremely neglected for a long time and such as stickers or graffiti.material accumulation Dirty needs help.Heavy caused by standing waterequipmentwillberequiredtoandpoordrainage.clean this area.The area •Strong foul odor is presentmayalsobeaffecteddueto other circumstances (i.e.due to standing water. nearby constructions sites,homeless activity,etc.) 69 Cleanliness Index for Beaches Index Litter /Trash Litter /Garbaae Cans Organic Materials Fecal Matter •No litter and/or debris on •Can is in good working •Isolated instances of small Fecal matter is not visible. entire block of the beach.order and none are no more fresh organic material,such1than3/4 full.as seaweed.Extremely •Can is in a clean condition •No large organic material,Clean free of items,such as such as tree limbs or palm stickers,graffiti.fronds on the ground. •Isolated pieces of litter on •Can is in good working •Less than 10%of a 1 O step Past residue of fecal matter. the entire beach block.The order and none are no more area of the beach block is It seems that an attempt was area is not void of litter,but than 3/4 full.There is covered by small organic made to clean the fecal may contain an isolated isolated piece of trash materials,but occurring in matter,but residue was left incidence of litter.outside of the can.no more than 10%of the behind.2 •No harmful litter,such as •Can is in a clean condition beach block.If occurring inCleanbrokenglassorsyringesfreeofitems,such as more than 10%of the entire stickers,graffiti.beach block,then add 1 point. •No large organic material on the ground. •Small to moderate amounts •Can is functioning,but is full •Between 10%-30%of a 10 One instance of fecal matter of litter.In a 10 step with trash,which can be step area of the beach block is present on the public distance the litter seen from the eye level.is covered by organic area. accumulation should account There is no litter above the materials,but occurring in to less than 10 small pieces rain guard.There is some no more than 10%of the or 2-4 pieces of large litter,residue from past garbage.beach block.If occurring in but occurring in no more •Can is in a clean condition,more than 10%of the entire than 10%of the entire block but may have one small beach block,then add 1 segment.isolated instance of a point. •If the litter density is sticker or graffiti,which the •Between 1 and 3 pieces of occurring between 10-25%eye is not drawn to it.large organic materials is on of the block segment,then the ground. 3 add 1 point from the rating Somewhat scale. Clean •If the litter density is occurring more than 25%of the block segment,then add 2 points from the rating scale. •No harmful litter. Guideline:Is the litter something you notice,but your eye is not constantly drawn to it?The area has a clean appearance,but does need some attention. •Consistently scattered trash.•Can is full and there is trash •Between 30%-50%of a 10 Two instances of fecal In a 10 step distance the above the rain guard.In step area of the beach block matter are present on the trash accumulation should some cases,there is is covered by organic public area. account to more than 10 evidence that there is materials,but occurring in pieces of small litter or over improper use by the no more than 10%of the 4 pieces of large litter,but residents.beach block.If occurring in occurring in no more than •Can is in a working more than 10%of the entire 4 10%of the entire block condition,but contains beach block,then add 1 Somewhat segment.items such as stickers or point. Dirty •If the litter density is graffiti on them.•Between 4 and 10 pieces of occurring between 10-25%•Can has some damage,large organic materials is on of the block segment,then such as dents,but is the ground. add 1 point from the rating usable.scale •If the litter density is occurring more than 25%of the block segment,then add 70 2 points from the rating scale. •One instance of harmful litter. Guideline:Trash or litter is obvious and your eye is constantly drawn to it.The area is neglected and requires organized cleanup. •Consistent accumulation of trash.•Can is full and there is trash Over 50%of a 10 step area of Three instances of fecal matter In a 10 step distance there are above the rain guard and the beach block is covered by are present on the public area. multiple piles of trash consisting beginning to overflow since organic materials,but occurring of more than 10 pieces of small there is no room to put in no more than 10%of the litter or over 4 pieces of large additional trash.There may be beach block.If occurring in litter,but occurring in no more evidence of improper use by the more than 10%of the entire than 10%of the entire block residents.beach block,then add 1 point.5 Dirty segment.•Can has considerable damage,Over 10 pieces of large organic If the litter density is occurring but is usable.materials is on the ground. between 10-25%of the block •A large area of the can containssegment,then add 1 point from items such as stickers or graffititheratingscale.on them.•Two to three instances of harmful litter. •Beach block contains a large Can is full and trash has •90-100%of a 10 step area of the Four or more instances of fecal accumulation of trash and litter.overflowed to the ground.In beach block is covered with matter arc present on the public Conditions may be hazardous.some cases,there is a organic material.area. 6 More than three instances of rat/rodent/insect infestation.Extrem ely harmful litter..Can is damaged and needs toDirtybereplaced..Can is covered of items such as stickers or graffiti. 71 Cleanliness Index for Waterways Index Litter/Trash Organic Materials 1 Extremely Clean •No litter and/or debris floating on or in the water and up to the high tide watermark.No signs of floating liquid. •No extra-large pieces of litter,such as tires,grocery carts, etc. •No smell is being emitted. •No or isolated instances of small fresh organic material. •No large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. 2 Clean •Isolated pieces of litter floating on or in the entire area of water and up to the high tide watermark.No signs of floating liquid. •No extra-large pieces of litter,such as tires,grocery carts, etc. •No smell is being emitted. •Less than 10%of about a 20 sq.foot area of water and up to the high tide watermark is covered by organic material, but occurring in no more than 10%of the entire water area.If occurring in more than 10%of the entire water area up to the high tide watermark,then add 1 point. •No large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. 3 Somewhat Clean •Small amount of litter including floating liquids,such as oil. This includes litter floating on the water or in the water and up to the high tide watermark.More than two pieces of litter and less than 5%of about a 20 sq.foot area of water up to the high tide watermark are covered by litter,but occurring in no more than 10%of the entire water area up to the high tide watermark being assessed. •If the litter density is occurring between 10-25%of the water area up to the high tide watermark,then add 1 point from the rating scale. •If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. •No extra-large pieces of litter,such as tires,grocery carts, etc. •No smell is being emitted. Guideline:Is the litter something you notice,but your eye is not constantly drawn to it?The area has a clean appearance,but does need some attention. •Between 10%-30%of about a 20 sq.foot area of water and up to the high tide watermark is covered by organic material,but occurring in no more than 10%of the entire water area.If occurring in more than 10%of the entire water area up to the high tide watermark,then add 1 point. •Between 1 and 3 pieces of large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. Index Litter I Trash Organic Materials 4 •Small to moderate amounts of litter,including floating liquids,such as oil.This includes litter floating on the water or in the water and up to the high tide watermark.Between 5%and 10%of about a 20 sq.foot area of water up to the high tide watermark is covered by litter,but occurring in no more than 10%of the entire water area being assessed. •If the litter density is occurring between 10-25%of the water area up to the high tide watermark,then add 1 point from the rating scale.SomewhatDirty •If the litter density is occurring more than 25%of the water area up to the high tide watermark,then add 2 points from the rating scale. •No extra-large pieces of litter,such as tires,grocery carts, etc. •Slight unnatural or foul smell is being emitted. •Between 30%-50%of about a 20 sq.foot area of water and up to the high tide watermark is covered by organic material,but occurring in no more than 10%of the entire water area up to the high tide watermark.If occurring in more than 10%of the entire water up to the high tide watermark,then add 1 point. •Between 4 and 10 pieces of large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. Guideline:Trash or litter is obvious and your eye is constantly drawn to it. 5 Dirty •Consistent accumulation of trash including floating liquids, such as oil.This includes litter floating on the water or in the water and up to the high tide watermark.Between 10% and 25%of about a 20 sq.foot area of water up to the high tide watermark is covered by litter,but occurring in no more than 10%of the entire water area up to the high tide watermark being assessed. •Over 50%of about a 20 sq.foot area of water and up to the high tide watermark are covered by organic material, but occurring in no more than 10%of the entire water area up to the high tide watermark.If occurring in more than 10%of the entire water area up to the high tide watermark,then add 1 point. •Over 10 pieces of large organic material,such as tree limbs or palm fronds in the water and up to the high tide watermark. 72 •If the litter density is occurring between 10-25%of the water area up to the high tide watermark,then add 1 point from the rating scale. •One extra-large piece of litter,such as a tire,a grocery cart, etc. •Strong unnatural or foul smell is being emitted. •Large accumulation of litter and trash including floating •90-100%of the water and up to the high tide watermark is liquids,such as oil.Over 25%of about a 20 sq.foot area of covered by organic material. water area up to the high tide watermark are covered by 6 litter.This includes litter floating on the water or in the water Extremely and up to the high tide watermark.There may be evidence Dirty of illegal dumping. •Two or more extra-large pieces of litter,such as tires,a grocery carts,etc. •Very strong unnatural or foul smell is being emitted. 73 City of Miami Beach Public Area Cleanliness Index The cleanliness index makes references to small and large litter,which can directly affect the cleanliness score of a public area.The definition used to distinguish the difference between small and large litter came from the Florida Center for Solid and Hazardous Waste Management (the Center).Each year the Center conducts a roadside litter survey for the State of Florida and is funded through the Florida Department of Environmental Protection (FDEP).Starting in 1993,the Florida Legislature designated the Center and funded the litter survey to measure progress toward the state's litter reduction goal as defined in the Solid Waste Management Act. Using the Center's definition for litter,items or pieces of items four square inches or larger in size are classified as "large litter," and items or pieces of items under four square inches are classified as "small litter."As a reference,the figure below contains three templates of 4 square inch areas in a rectangle,square,and round shape are depicted in the figure below.If the litter fits in any of these areas,then it is considered small litter.If the litter is too big to fit in any of these areas,then it is considered large litter. The two tables following the templates contain examples of small versus large litter or trash. 2"x 2"(4 sq.in) 4 Square inches Round 1"x4"(4 sq.in) Templates for Small Litter Distinctions Examples of Small Litter Cigarette butts •Bottle caps Straws •Candy packaging and wrappers Polyfoam packing materials Plastic expresso coffee cups Examples of Large Litter Beer cans Beer bottles Soft drink (glass) 74 Soft drink (cans) Soft drink (plastic) Sport drink (glass) Sport drink (plastic) Wine/Liquor (glass) Wine /Liquor (plastic/other) Milk/Juice (Plastic) Milk/Juice (Glass) Six pack plastic rings Plastic drink cups Paper Cups (Hot) Paper Cups (Cold} Polystyrene cups (foam) Cup lids Plastic retail bags Paper retail bags Paper bags -fast food Plastic bags -not retail Paper bags -not retail Zipper bags /sandwich bags Cardboard boxes Paperboard (cereal type) Paper beverage cases • Glass jars /bottles misc. Cans -steel Cans -aluminum Aerosol cans Paper food wrap Utensils Napkins Paper fast food plates Poly fast food plates Clothing Printed materials (newspapers,flyers,books,etc.) Assessment Areas and Frequencies The areas to be assessed and the frequency of the assessments are specific to each of the public areas.The number of areas to be assessed and the assessment frequency will also determine the number of volunteers needed to conduct the assessments.Volunteer assessors will be discussed in Section V:Assessor. The Sanitation,Parks and Recreation,and Parking departments have reviewed and agreed to use the cleanliness index to conduct assessments internally on either a weekly or monthly basis.The frequency of assessments discussed in this section is pertinent to those assessments conducted by OBPI on a quarterly and annual basis.The assessment areas and frequency per public areas are as follows: Streets /Sidewalks Streets and sidewalks will be assessed as block segments.A sample size of 293 block segments was calculated using a 95% confidence interval ±5%.The frequency of the assessments will depend on the usage of that street;therefore,streets and sidewalks were classified by their usage utilizing the Sanitation service levels.The sample size was then divided into their usage classification based on their percentage of streets from the total.The assessment details for streets and sidewalks are as follows: Commercial-Entertainment (Service Levels A and B) 75 Plastic jars I bottles/lids 39 block segments will be assessed quarterly Each sample block segment will be assessed 5 times (Weekday Daytime,Weekday Night,Weekend Daytime, Weekend Night,and Weekend Late Night)totaling 195 assessments per quarter. Commercial-Non-Entertainment (Service Levels B-1 through D) 38 block segments will be assessed quarterly Each sample block segment will be assessed 3 times (Weekday Daytime,Weekend Daytime,and Weekend Night) totaling 115 assessments per quarter. Residential (Service Level E through H) 54 block segments will be assessed annually Each sample block segment will be assessed 2 times (Weekday Daytime and Weekend Daytime)totaling 108 assessments per quarter. Starting in FY05106 Q2,a sample of 30 alleys will be assessed separately from the other streets.Just like in the streets,the times of the day and week that the alley is assessed is dependent on whether the alley is located in a Commercial - Entertainment,Commercial-Non-Entertainment,and Residential area.The separate assessment of the alleys is an addition to the original Public Area Cleanliness Assessment program,and the sampling size is still being analyzed to determine the feasibility and accuracy of the assessment results that will be achieved. Figure 1 depicts the calculations to determine the sample size,number of block segments,number of assessments,and assessment frequency. Total Sample Size Determination Number of 95%Confidence Block Confidence Interval Segments Level (+1-5%)Sample Size Total 1226 1.96 0.05 293 Per Quarter Determination of the Number of Assessment per Block Segment Classification Block Segment Actual #of %of Block Assessment Time Number of (hrs)per block Sample BlockClassification(based on Block Segment Sample Assessment segment Segments #of Total Timeusage)Segments Total Size Frequency Assessments (hrs) Commercial -Entertainment 163 13.3%39 Quarterly 0.25 39 195 48.64 Commercial -Non-161 13.1%38 Quarterly 0.25 38 115 28.83 Entertainment Residential 902 73.6%215 Annually 025 54 108 26.92 1226 100%293 131 418 104.39 Assessment Times Time of the Classification Week Time of the Day Weekday Daytime (8am - (Mon-Fri)5pm)Night (9pm - Commercial -Entertainment 1am) Weekend Daytime (8am -5pm) (Sat-Sun)Night (9pm -1am) Late Night (1am -8am) Weekday Daytime (8am -5pm) Commercial -Non-(Mon-Fri) Entertainment Weekend Daytime (8am - (Sat-Sun)5pm)Night (9pm - 1am) Weekday Daytime (8am -5pm) Residential (Mon-Fri) Weekend Daytime (8am -5pm) (Sat-Sun) Figure 1 76 Parks All parks will be assessed quarterly.Parks open during the daytime will be assessed once during the week and once during the weekend during the daytime hours.Those parks open during the night will also be assessed at night once during the week and once during the weekend,in addition to the daytime assessments.Currently,there are 5 parks open at night.These parks are Flamingo Park, Lummus Park,Fairway Park,North Shore Park,and Palm Island Park. Assessments of the parks will be conducted on their sub-areas.Only those areas that are free of charge to the public will be assessed.Facilities that require a charge will not be assessed at this time,but will be assessed later when the Public Appearance Index or the Facility Index has been defined.The sub areas that will be assessed are as follows: Playgrounds Pedestrian Trails (includes the Serpentine in Lummus Park) Pavilion Shelters •Open Green Spaces Bark Parks Basketball Courts •Sport Courts /Fields Beach Access /Beach Spoil Figure 2 contains a list of the parks that will be assessed on a quarterly basis and the sub-areas contained in each park. e •Nuna..e of SC03a:g ±•C 3e e £2 areaC.:a ae 0 o0••4 E 3 3 C gs 6 Nighti be3zID3Ero£Park s G 0 2 5 a 5 go sz me Assa.•I?1g«...0 %Name g'a %G v Usage?led Belle Isle X No 1 Park Collins X No 1 Park Flamingo )X X )X X X N Yes 7 Park Lummus )X X X Yes 4 Park North X X X X No 4 Shore Open Space Park Pier Park X No 1 Marjory )No 1 Stonema n Park South X X No 2 Pointe Park Washingt No 0 on Park 77 South X No Beach Park Sunset X No Lake Park Sunset #4 Triangle No ( Park Maurice )X X No Gibb Memorial Park Sunset X No Island II Park Brittany X No Bay Park Crespi )X X X No 'Park Fairway )X X X Yes t Park Fisher )X No Park Normand No ( y Isle Park Normand )N No y Shores Park Muss )X X No Park North X X X Yes Shore Park Palm )X X X X Yes ! Island Park Pinetree X )X No Park Polo Park )X X X No t Stillwater )X X X No t Park Tatum )X X X No t Park Hibiscus X No Island Park Parkview X No Island Poinciana X No Park La Goree )No Park Buoy X No Park (Star Island) Figure 2 78 Parking Lots All parking lots,not garages,will be assessed once quarterly during the day and semi-annually at night totaling 159 assessments.Garages will be assessed later when the appearance index is defined.The frequency of the assessments will depend on the usage of where the parking lot is located.The assessment details for parking lots are as follows: Commercial-Entertainment 23 parking lots will be assessed quarterly Each parking lot will be assessed 5 times (Weekday Daytime,Weekday Night,Weekend Daytime, Weekend Night,and Weekend Late Night}. Commercial-Non-Entertainment 39 parking lots will be assessed quarterly Each parking lot will be assessed 3 times (Weekday Daytime,Weekend Daytime,and Weekend Night}. Waterways All identified waterway hotspots will be assessed quarterly once during the week and once during the weekend during the daytime hours.For non-hotspot waterway locations,a sample size of 74 waterway locations was calculated using a 95%confidence interval ±5%and will be assessed annually once during the week and once during the weekend during the daytime hours.Figure 3 depicts the calculations to determine the sample size,number of assessments and assessment frequency and also contains a list of the waterway hotspots. #of Waterway Viewing 95% Locations (Excluding Confidence Confidence Intervalhotspots)Level (+1-5%)Sample Size 147 1.96 0.05 73.5 Per Quarter Per Year Number of Assessment Locations to be Assessment Time (hrs)#of #of Total Time Waterwav Locations Freauencv Assessed per location assessments Total Time (hrs)assessments (hrs) Hotspots Quarterly 9 0.25 18 4.5 72 18 Other Locations Annually 74 0.25 37 9.19 147 36.75 Total 83 55 13.69 219 54.8 Waterway Hotspots (assessed quarterly) Collins between 23rd and 24th St. North Shore Drive between South Shore Drive and Marselle Drive 85th Street between Crespi Blvd and Byron Avenue Bridge between on Waterway Drive between 80th and 81 st Street Dead end on 75th St and Dickens Ave. 73rd Street between Dickens Ave.and Wayne St. Indian Creek Drive and 72nd St. 77th Street bridge between Hawthorne and Tatum 81st Seel bridge between Norerac Ave.and Hawthorne Figure 3 Beaches Only the areas of the beach that are serviced by the City will be assessed.These areas include the sand dunes,beachwalk/boardwalk,and the beach spoils.A sample size of 44 beach blocks was calculated using a 95%confidence interval ±5%and will be assess quarterly once during the week and once during the weekend during the daytime hours.Discussions will be held with the County to 79 determine if they can adopt and use the cleanliness index for the area of the beach that is serviced by the County,not the City. Figure 4 contains information and the calculations to determine the sample size,number of assessments and assessment frequency. Confidence Confidence Total Beach Blocks Level Interval Sample Size 87 1.96 0.05 44 Per Quarter Assessment time #of Beach Area Total Blocks Sample Assessment (hrs)per beach assessments Total Time (hrs)per area Distribution Frequency block per Qt. South Beach 23 12 Quarterly 0.33 23 8 Mid Beach 40 20 Quarterly 0.33 40 13 North Beach 24 12 Quarterly 0.33 24 8 Total 87 44 87 29 Figure 4 Cleanliness Assessment Process (c)Streets I Sidewalks The assessment team is provided with the addresses of streets/sidewalks that need to be assessed.The assignments of streets/sidewalks will take into consideration the driving distances and will try to keep them in close proximity of each other.Forms (provided in Appendix A)for each street and sidewalk assigned to a team will be provided.For a cleanliness evaluation to be considered complete,the form must be completed in its entirety using the index.Each team will also be provided with a digital camera to take pictures of ratings scores of 4,5,or 6.The photographs will be used for quality control,reporting,and training of future assessors. The following is a list of steps that an assessor must follow when assessing the cleanliness of a street and sidewalk.Figure 1 provides a graphical representation of the process on assessing the cleanliness of a sidewalk and street. 1.The assessor will drive to the first location and will begin at the first corner of the street.At the first corner of the street,each assessor will record their start time on the form. 2.Using the index the assessor will conduct a walkthrough to observe in detail the cleanliness of the first side of the street and sidewalk (up to the top of street curb).For approximately every 10 steps,he will observe and determine how the sidewalk and the first half of the street separately should be evaluated on cleanliness based on four factors:Litter/Waste,Litter/Garbage Cans, Organic Materials,and Animal Fecal Matter.Any condition that causes the cleanliness rating of the street and/or sidewalk to be evaluated as having a cleanliness rating of 4,5,or 6,will require a picture to be taken and a comment to be written.The assessor can also use the bottom of the form to write any notes that will help in making the final rating score. 3.When the assessor reaches the end of the street and sidewalk,he will cross the street that was assessed and face the direction they just walked from,but on the other side of the street.The team will then conduct a walkthrough to observe in detail the cleanliness of the second sidewalk and of the second side of the street (up to the middle of the street). 4.When the assessor reaches the end of the street,using index he will rate the detailed cleanliness of the two sidewalks together and both sides of the street together for each factor based on what they observed in the walkthrough.When rating each factor,the assessor should record the worst score of what they observed in the walkthrough.If the sidewalk does not contain a garbage 80 can,then that factor should be rated as Not Applicable (N/A).If a street or sidewalk cannot be rated due to certain conditions,such as construction,then the assessor must provide a comment on why it was not possible to assess the location.If a rating of a 4,5,or 6 is given for any factor or if there is a hazardous condition,a picture must be taken and comment must be provided to explain the reasoning for that rating. 5.The assessor must record the stop time and the cleanliness assessment for that address is considered complete. 6.At the end of the shift,the assessor must report all streets and sidewalks that were rated a 4,5,or 6 to the Sanitation department,so that they may address the issue. 7.After reporting all the unacceptable conditions,the assessor must return all completed forms to OBPI. II----------------------r---------------------- 2.Conduct walkthrough and observe cleanliness of the sidewalk and first side of the street based on the factors and using the index. 1.Record start time on the form. 1a side of street 2+side of street 3.Conduct walkthrough and observe cleanliness of the sidewalk and second side of the street based on the factors and using the index. 4.Rate the cleanliness of the entire block segment based on the four factors using the index. 5 Record the stop time. I Figure 1 Parks The rating of the Parks'cleanliness is conducted on its specific sub-areas.For example,if a park contains a playground and bark parks,then those two features are rated separately on cleanliness. The assessment team is provided with forms for each of the specific parks that need to be assessed.The assignment of parks will take into consideration the driving distances and will try to keep them in close proximity of each other.For a cleanliness evaluation to be considered complete,the form (provided in Appendix A)must be completed in its entirety.Each team will also be provided with a digital camera to take pictures of ratings scores of 4,5,or 6.The photographs will be used for quality control,reporting,and training of future assessors. 81 The following is a list of steps that an assessor must follow when assessing the cleanliness of a park. I.The assessor team will drive to the park and walk to their first sub-area.He must record the start time on the form,when he is ready to begin the cleanliness assessment. 2.The assessor will then conduct a walkthrough of the park sub-area to assess its cleanliness. The assessor should walk through the sub-area and along its boundary to observe the cleanliness of the sub-area based on four factors:Litter/Waste,Litter/Garbage Cans,Organic Materials,and Animal Fecal Matter.The assessor can also use the bottom of the form to write any notes that will help in making the final rating score. 3.After completing the walkthrough,using the index the assessor will rate the cleanliness of the park sub-area for each factor.When rating each factor,the assessor should record the worst score of what he observed in the walkthrough.If the subarea does not contain a garbage can,then that factor should be rated as Not Applicable (N/A).If sub-area cannot be rated due to certain conditions,such as construction,then the assessor must provide a comment on why it was not possible to assess the location.If a rating of a 4,5,or 6 is given for any factor or if there is a hazardous condition,a picture must be taken and comment must be provided to explain the reasoning for that rating. 4.After the assessor has rated the cleanliness of the sub-area,he will move onto the next park sub-area and follow the same procedure described in Steps 1-3 until they have rated all of the park's sub-areas.After all of the park's sub-areas have been assessed,the assessor must record the stop time and the cleanliness assessment for that park is considered complete. 5.At the end of the shift,the assessor must report all parks and their sub-areas that were rated a 4,5,or 6 to the Parks and Recreation department,so that they may address the issue. 6.After reporting all the unacceptable conditions,the assessor must return all completed forms to OBPI. Parking The assessment team is provided with forms for specific surface parking lots that need to be assessed.The parking garages will not be assessed as part of the cleanliness index.The assignment of parking lots will take into consideration the driving distances and will try to keep them in close proximity of each other.For a cleanliness evaluation to be considered complete,the form (provided in Appendix A)must be completed in its entirety.Each team will also be provided with a digital camera to take pictures of ratings scores of 4,5,or 6.The photographs will be used for quality control,reporting,and training of future assessors. The following is a list of steps that an assessor must follow when assessing the cleanliness of a parking lot. I.The assessor will drive to the park lot,and he must record the start time on the form,when he is ready to begin the cleanliness assessment. 2.The assessor will conduct a walkthrough to observe the cleanliness of the parking lot using the index against four factors:Litter/Trash,Litter/Garbage Cans,Organic Materials, and Animal Fecal Matter.In conducting the walkthrough,each assessor will inspect each row of the parking lot taking care to inspect between each car and between the car and the curve.For large parking lots,the inspectors can inspect every other row if the lot is relatively empty.Any condition that causes the rating of that the parking lot to be evaluated as having a cleanliness rating of 4,5,or 6,will require a picture to be taken and a comment describing the situation.The example photographs provided below contains an example of a parking lot rated as "2-Clean"for litter/garbage due to an isolated instance.This is same parking lot that received a"1-Extremely Clean"overview rating in Step 2.The assessor can also use the bottom of the form to write any notes that will help in making the final rating score. 82 Example of "2-Clean"overview rating 3.After completing the walkthrough,using the index the assessor will rate the cleanliness of the parking lot for each factor.When rating each factor,the assessor should record the worst score of what he observed in the walkthrough.If the subarea does not contain a garbage can,then that factor should be rated as Not Applicable (N/A).If sub-area cannot be rated due to certain conditions,such as construction,then the assessor must provide a comment on why it was not possible to assess the location. 4.After the assessor has assessed the cleanliness of the parking lot,he must record the stop time on the form and the cleanliness assessment for that parking lot is considered complete. 5.At the end of the shift,the assessor must report all parking lots that were rated a 4,5, or 6 to the Parking department,so that they may address the issue. 6.After reporting all the unacceptable conditions,the assessor must return all completed forms to OBPI. Waterways The assessment team is provided with forms for the specific waterway hot spots that need to be assessed.The assignment of waterways will take into consideration the driving distances and will try to keep them in close proximity of other public areas that will be assessed.For a cleanliness evaluation to be considered complete,the form (provided in Appendix A)must be completed in its entirety.Each team will also be provided with a digital camera to take pictures of ratings scores of 4,5,or 6.The photographs will be used for quality control,reporting,and training of future assessors. The following is a list of steps that an assessor must follow when assessing the cleanliness of a waterway. 1.The assessor will drive to the assigned waterway segment,and he must record their start time on the form,when he is ready to begin the cleanliness assessment. 2.The assessor will walk toward the specific waterway location and position themselves so that they can best view the waterway.The assessor will then rate the cleanliness of the waterway and the surrounding land area using the index against two factors:Litter/Trash and Organic Materials.Any condition that causes the rating of the waterway area to be evaluated as having a cleanliness rating of 4,5,or 6,will require a picture to be taken and a comment describing the situation. 3.After the assessor has rated the waterway,then he must record the stop time and the cleanliness assessment tor that waterway segment is considered complete. 83 4.At the end of the shift,the assessor must report all waterways that were rated a 4,5,or 6 to the Sanitation department,so that they may address the issue. 5.After reporting all the unacceptable conditions,the assessor must return all completed forms to OBPI. Beaches The assessment team is provided with forms of the specific blocks of the beach that need to be assessed.The following areas of the beach will be assessed:the beach,dunes,beachwalk / boardwalk/serpentine,and beach spoils.Since the cleaning of the beach area belongs to the County,discussions will be held to determine if they can adopt the cleanliness index and assessment process. The assignment of beach blocks will take into consideration the driving distances and will try to keep them in close proximity of other public areas that will be assessed.For a cleanliness evaluation to be considered complete,the form (provided in Appendix A)must be completed in its entirety.Each team will also be provided with a digital camera to take pictures of ratings scores of 3,4,5,or 6.The photographs will be used for quality control,reporting,and training of future assessors. The following is a list of steps that an assessor must follow when assessing the cleanliness of the beach.Figure 2 depicts a graphical representation of the process on assessing the cleanliness of the beach. 1.The assessor will drive to the assigned beach block and take a picture of a street sign or landmark to confirm the location. 2.The assessor will record the time on the assessment form and will begin assessing the beach block from about 5-10 yards in from the high tide waterline. 3.The assessor will walk to the end of the beach block assessing every 10 step area for cleanliness.The assessor will take a picture and write a comment describing the situation for any area that rates a score of 4 or lower. 4.The assessor will walk to the middle of the beach area and walk back to the beginning of the beach block (alongside the garbage cans)assessing every 10 step area for cleanliness. 5.The assessor will walk to the boundary between the beach area and the sand dune and walk to the end of the beach block assessing every 10 step area for cleanliness.He or she will record the cleanliness rating for the beach for each factor on the form. 6.If applicable,the assessor will walk to the beachwalk or boardwalk and walk back to the beginning of the beach block on the boardwalk or beachwalk or the beach spoil assessing every 10 step area for cleanliness. 7.When the assessor reaches the beginning of the beach block,he or she will record the cleanliness rating for the sand dunes,boardwalk/beachwalk/serpentine and the beach spoil for each factor on the form and record the time. 84 At this poim.t,!he ~assessor should rate ..tf'le cleanliness -ofth l"6each .based on the four factors. r'a % .I Itt I I I I I I I I I.•I End Point -The as rates the cleanlines sand dunes,board spoil area based on factors and records time. I I OI I I I I 4 I I I I 4 .,•,sta I I I I I I I tt Figure 2 Best Practices The following municipalities and organization were either interviewed or researched to obtain best practices on the development of cleanliness index and assessment process. New York City (Contact:Tony Longo) •Scorecard cleanliness measures were developed by studying the public's perception and expectations of street and sidewalk cleanliness. The measurements are based on rigorous photographic standards of cleanliness for streets and sidewalks •Actual Inspections and ratings of streets and sidewalks are based on a seven-point scale of cleanliness.The scale is provided below: o Acceptably Clean: @ 1.0 =A clean street.No litter. @ 1.2 =A clean street,except for a few traces of litter o Not Acceptably Clean: 85 ®1.5 =More than a few traces,but no concentration of litter.There are no piles of litter,and there are large gaps between pieces of litter.o Filthy: ®1.8 =Litter is concentrated in spots;there may either be large gaps between piles of litter,or small gaps between pieces of litter. 3 2.0 =Litter is concentrated;there are small gaps between piles of litter. ®2.5 =Litter is highly concentrated;there are no gaps in the piles of litter.The litter is a straight line along the curb. ®3.0 =Litter is very highly concentrated;there are no gaps in the piles of litter.The litter is a straight line along and over the curb. •New York City is divided into 59 community districts,which are divided into sections and then block faces.Seven inspectors conduct cleanliness inspections on 2 districts per day during the working hours of Monday through Friday. •The samples of areas to be inspected were selected randomly,when the program started in the early 1980s,but they stayed fixed and are kept confidential. Inspectors record their rating on a handheld computer that uploads to a database Washington DC (Contact:Merrit Drucker) •Every quarter the corridors/interstate highways,high-visibility communities,residential streets and alleys,and industrial areas within each of the City's wards are surveyed and rated on their cleanliness levels. •The Cleanliness Rating System used was based on the Keep America Beautiful litter index and rate four areas:Litter and Waste,Litter Cans,Vegetation Growth,Posters and Graffiti.The table on the next page provides the details behind the rating system. The city's streets are divided into 4 rating zones based on the amount of traffic.These four zones are as follows: o Zone 1-16 major routes from the National Highway System o Zone 2-High visibility streets (15 surveyed)and alleys (15 surveyed) 86 o Zone 3-Residential area streets {113 routes surveyed)and alleys (111 surveyed)o Zone 4-Industrial area streets (14 areas surveyed) The rating teams consist of the following:1 representative from councilmember's office,1 neighborhood service coordinator,2 volunteer community representative,2 employee participants from the Street and Alley Cleaning Division of the Department of Public Works. Cleanliness Assessment rating are recorded on PDAs with the Cleanliness Computer Application Program. 1 2 3 4 CLEAN MODERATELY CLEAN DIRTY IMMEDIATE HAZARD No attention necessary.Some cleaning required.Substantial amount of Requires immediate cleaning required.attention. Area is generally free of Actions Needed: REQUIRED the items listed below.G Push sweep Actions Needed:Actions Needed: RESPONSE operator G Increase frequency G Rapid response. G Encourage BID and of maintenance.G One or more of the citizen involvement G Deploy Litter Vacs hazards listed below and Billy Goats (for is present. sidewalks or curbs). No loose litter and/or Small to moderate Consistently scattered G Passageway is debris.amounts of litter.trash that interferes with blocked by an catch basins.accumulation of litter. LITTER AND 3 Household hazardousWASTEmaterials**on the street and/or illegal dumping. G In good working G Little damage.3 Overflowing and/or Rat/rodent LITTER order.G Some are damaged.infestation. CANS G None are overflowing.G Rubbish piled up. overflowing.@ Evident improper use by residents. No growth within G Minimal overgrowth.G Excessive @ Obstruction of sidewalk cracks or G Needs weed control overgrowth.traffic. VEGETATION around catch basins.due to growth under 3 Needs weed control G Public safety GROWTH 10"in one or two due to growth over problem (e.g.tree spots.10".canopy interfering with traffic signals). All public/private property Posters and graffiti mark Posters and graffiti mark Obstruction to traffic POSTERS is free of posters and 2 to 3 pieces of all public/private directions,signals,and/or AND graffiti.This includes public/private property property.signs. GRAFFITI buildings,lamp posts,per block. mailboxes,etc. San Francisco (Contact:Linda S.Yeung) •The Department of Public Works (DPW)with assistance from the Controller's Office created standards to evaluate 3 features:(1)street cleaning,(2)graffiti,and (3)trash receptacles. During the first year of implementation,DPW will evaluate one street cleaning route in each of the 11 supervisorial districts once a month.A segment of the routes will be evaluated as a sample of the whole route.DPW regularly inspect the routes against the new standards and the results will be entered into a database.Reports will be reviewed 87 on a monthly basis by the Director and Deputy Director of Operations and posted on the DPW website on a quarterly basis. •Street Cleaning -When evaluating the street cleanliness,the public streets are inspected from the curb to the middle of the street on the side of the street that is mechanically swept.Median strips,with or without vegetation,and catch basins are included.The street cleaning standard is a three-point scale,including one acceptable condition and two categories of unacceptable conditions.The first choice is 1.0 point for "Acceptably Clean,"with less than 5 pieces of litter per 100 curb feet examined.The second choice is 2.0 points for "Not Acceptably Clean,"with 5-15 pieces of litter per 100 curb feet examined.The third choice is 3.0 points for "Filthy,"with over 15 pieces of litter per 100 curb feet examined. •Graffiti -When evaluating graffiti,the street surface,public and private structures and buildings visible from and immediately adjacent to the streets in the 11 selected street cleaning routes.The standard is zero tolerance of graffiti and to remove graffiti on public property within 48 hours of reporting. •Trash Receptacles -When evaluating the trash receptacles,the City's trash receptacles that are adjacent to the public streets in the selected 11 street cleaning routes.Evaluations will be conducted approximately 2 hours before and 2 hours after the receptacles are emptied.The standard is that the receptacles must not be overflowing,have little or no litter around them,be free of graffiti and damage,and have secured doors. Florida Center for Solid and Hazardous Waste Management (Contact:Rosemary McDaniel) . . Each year the Florida Center for Solid and Hazardous Waste Management (the Center) conducts a roadside litter survey for the State of Florida and is funded through the Florida Department of Environmental Protection (FDEP).Starting in 1993,the Florida Legislature designated the Center and funded the litter survey to measure progress toward the state's litter reduction goal as defined in the Solid Waste Management Act. The litter survey method counts "accumulated litter."This is in contrast to "fresh litter" counts,where a sight is cleaned,then researchers return after a set time to count the number of pieces of litter that have been deposited.Accumulated litter allows for an examination of the occurrence of litter as it has developed over time. To identify site locations for a given jurisdiction,a GIS database is acquired.Using the program,center-line coordinates for all potential public street locations within the jurisdiction is selected.Sites to be audited are selected randomly using a random number generator feature of Microsoft Excel. Litter surveys are conducted by teams of two working independently from each other. When arriving at each site,each team measures the area using a "wheel-measuring device,in order to define a fixed area of 200 ft long and 18 feet wide.The teams will then begin auditing,counting,and classifying the litter found in the area.Figure 1 depicts the how each team measure the litter audit area. 88 Variable Width 3 Variable Width 2 -------~Ill._ O I lt-. ,-I Figure 1 Teams classify the litter between large and small litter.Large litter is defined to be that which is over 4 square inches in size,while small litter are those pieces that were less than 4 square inches in size.Three templates are provided to each survey team of an area of 4 square inches in rectangle,square,and round shapes to the aid field teams.Figure 2 depicts the small litter templates. 2"x 2"(4 sq.in) 4 Square inches Round 1"x4"(4 sq.in) Figure 2 89 City of Toronto (Contact:Mark McKenney,MGM Management Consultants) •The City of Toronto hired MGM Management Consultants to conduct litter surveys.MGM used the same process as the Florida Center for Solid and Hazardous Waste Management used for the State of Florida.The process consisted of counting and categorizing small and large litter. MGM selected the survey sites using GIS software and a random number generator.The sample consisted of 70%highly populated roads and 30%suburb roads and totaled 250 sites.They always surveyed the same sites each year,so that they can compare the same area. •MGM used four teams of 2 inspectors,which consisted of summer students employed by the City.Each team would survey about 6-8 sites per day. MGM will store the survey data and generate reports from a proprietary MS Access database. Keep America Beautiful Keep America Beautiful (KAB)has developed the litter index to assist its affiliations in measuring the litter situation in their community with the aim of achieving long-term,sustainable results. The Litter Index uses a four-point scoring system to estimate the presence of litter in the area to be scored.The scale used is as follows: 1"No Litter":Virtually no litter can be observed in the sub-area being scored.The scorer has to look hard to see any litter,perhaps a very occasional litter item or two in a city block,or equivalent. Any litter seen could be quickly collected by one individual.The entire sub-area has a generally neat and tidy appearance;nothing grabs the eye as being littered or messy. 2 "Slightly Littered":Upon careful inspection,a small amount of litter is obvious to the scorer. The litter in the sub-area could be collected by one or two individuals in a short period of time.While the sub-area has a small amount of litter,the eye is not continually grabbed by litter items. 3 "Littered":Visible litter can readily be seen throughout the sub-area,likely requiring an organized effort for removal.This area is "littered"and clearly needs to be addressed. 4 "Extremely Littered":A continuous amount of litter level is one of the first things noticed about the sub-area.Major illegal dumpsites might be seen in the sub-area,requiring equipment and/or extra manpower for removal.There is a strong impression of a lack of concern about litter in the sub- area. The community being assessed buy the litter index should be divided into 5-15 sub-areas.The determination of the sub-areas should achieve the following objectives:(1)break down the work into manageable units;(2)identify comparable areas based on such parameters as population,square miles,etc.;and (3)facilitate year to year,or "before and after"comparisons throughout the community. Keep Cincinnati Beautiful (Contact:Linda Holterhoff) Keep Cincinnati Beautiful (KCB)developed the Blight Index as a way for communities to visually assess their neighborhood and to measure change over time.The Blight Index is based on Keep America Beautiful's Litter Index.The data gathered by conducting the Blight Index helps in determining the types of community improvement plans to implement in the community.It also helps in determining the problem areas within the community,as well as zero in on what types of blight affect the community.The Blight Index has also been used to determine whether improvements in Blight lead to less crime in Cincinnati's neighborhoods. The Blight Scale is as follows: 1"No Blight":Virtually no blight can be observed in the sub-area.The scorer has to look hard to see any evidence of blight.The entire sub-area has a generally neat and tidy appearance. 90 2 "Slightly Blight":Upon careful inspections,a small amount of blight is obvious to the scorer. While the sub-area has a small amount of 3 "Blight":Visible blight can readily be seen throughout the sub-area,requiring an organized effort for removal.This area is clearly "blighted"and needs to be addressed. 4 "Extremely Blighted":Excessive amounts of blight are one of the first things noticed about the sub-area.There is a strong impression of a lack of concern about blight in the sub-area. The community was divided into 5-10 areas,which were then divided into block faces,in order to be assessed against the blight index.More than 20%of the blocks in the area need to be inspected. Miami-Dade County Parks (Contact:Jack Kardys) Miami-Dade County Parks current conducts "sparkle tours."The purpose of the Sparkle Tour process is to insure this quality experience through a formal and quantifiable process of regular facility maintenance inspections and customer service evaluations and surveys.The data will be organized so as to provide meaningful park management evaluation and planning through the use of performance measures,which essentially is a maintenance inspection of the parks.Cleanliness is one of several factors that are inspected. A numbering system of 1 to 5,1 being the "Disney"quality standard and 5 being the worst,is used to score,as the customer sees it,a variety of facility aspects from restroom cleanliness and landscape maintenance to ballfield turf grass management and building maintenance.An "Optimum" rating is given each facility based on the realistic achievement of objectives within the constraints of funding and development levels. The inspection system and frequency is provided in the table below: Inspected by Frequency Documentation Park Manager Daily Restroom log Facility Mtc.check sheet Service Area Manager Weekly Service area checklist monthly report Region Manager Monthly Customer Service level and Facility maintenance evaluation Assistant Director for Semi-Annually Sparkle Tour Operations Assessors A total of 17 volunteers will be needed to conduct assessments of all public areas each quarter.These volunteers will be working daytime,night,or late night shifts either during the week or during the weekend.Volunteers will be expected to commit 16 hours (equivalent to 2 working days)per quarter.Volunteers will work in 4 hour shifts and will be assigned the assessment areas. 91 Based on the total assessments needed,the following number of volunteers is needed per shift: Daytime Shift (Weekday and Weekend)-12 inspectors needed per quarter • Night Shift (Weekday and Weekend)--4 inspectors needed per quarter Late Night Shift (Weekend Only)-1 inspector needed per quarter. The assessments shifts will depend on which public area is being assessed.A volunteer may not be assigned to conduct the assessment of one specific public area;instead, volunteers will most likely be assigned a variety of different public areas to assess during one shift.The location of the public area will be taken into account when making the assignment, in order to efficiently and maximize the amount of assessment that can be conduct during one shift. Figure 1 provides the data on the number of inspectors and shifts needed per public area and per quarter. Total Assessors Number of Volunteers Per #of 4-hour shifts per #of Total Public Area Quarter Quarter Hours per Quarter Streets/Sidewalks 7 26.1 104.4 Parks 3 11.6 46.5 Parking 3 12.0 48.1 Waterways 1 3.4 13.7 Beaches 3 10.9 43.5 Total 17 64.0 256.2 t of Volunteers per Qt • Shifts Per Time of day per Quarter Total Monday -Friday Saturday •Sunday Daytime (8am -5pm)12.0 6.0 6.0 Night (9pm -1am)3.3 0.8 1.2 Late Night (1am -8am)0.8 0 0.4 16.0 Figure 1 6.8 7.6 A breakdown of the number of shifts and volunteers needed per public area is provided in the following sub-sections. 92 Streets /Sidewalks A total of 7 volunteers are needed each quarter to assess the streets and sidewalks. Volunteers are needed during the week and during the weekend during the day,night, and late night hours.The assessment times are dependent on the usage of the street and sidewalk,which was described in Section Ill:Assessment Areas and Frequency. The assessor details for streets and sidewalks are as follows: Daytime Shift (8am -5pm) Approximately 4 assessors needed per quarter 16.4 total shifts needed G 8.2 shifts during the week G 8.2 shifts during the weekend Night Shift (9pm -1am) Approximately 2 assessors needed per quarter 7.3 total shifts needed G 2.4 shifts during the week G)4.8 shifts during the weekend Late Night Shift (1 am -8am) Approximately 1 assessor needed per quarter 2.4 total shifts needed G)No shifts needed during the week G 2.4 shifts during the weekend Figure 2 provides the calculations to determine the number of assessments,shifts,and volunteers needed per quarter. Determination of the Number of Assessment per Block Segment Classification Per Quarte r Block Segment Actual #of %of Block Assessment Time Number of Classification (based on Block Segment Sample (hrs)per block Sample Block Asses sm ent segment Segments #of Total Timeusage")Segments Total Size Freauencv Assessments (hrs) Commercial -Entertainment 163 13.3%39 Quarterly 0.25 39 195 48.64 Commercial -Non-161 13.1%38 Quarterly 0.25 38 115 28.83 Entertainment Residential 902 73.6%215 Annually 0.25 54 108 26.92 1226 100%293 131 418 104.39 Determination of Work Shifts Number of 4 hour shifts needed Number of volunteers "needed Work Shifts Per Quarter Weekdays Weekend (Mon-Fri)Sat-Sun Per Quarte r Per Year #of daytime Shifts 16.4 8.2 8.2 4.10 16.40 #of niaht shifts 7.3 2.4 4.8 1.82 7.27 #of late niaht shifts 2.4 0.0 2.4 0.61 2.43 Total 26.10 6.52 26.10 Actual Volunteers Needed 7 27~- Assessment Times Time of the Classification Week Time of the Dav Weekday Daytime (8am - Commercial -Entertainment (Mon-Fri)5pm)Night (9pm - 1am) ":rt ,. Weekend Daytime (8am -5pm) (Sat-Sun)Night (9pm -1am) Late Niaht (1am -8am) Weekday Daytime (8am -5pm) (Mon-Fri) Commercial -Non- Entertainment Weekend Daytime (8am - (Sat-Sun)5pm)Night (9pm - 1am) Weekday Daytime (8am -5pm) (Mon-Fri) Residential Weekend Daytime (8am -5pm) (Sat-Sun) Figure 2 Parks A total of 3 volunteers are needed each quarter to assess the parks.Volunteers are needed during the week and during the weekend during the day and night hours.Only the parks open during the night will require an assessment at night.The time to assess each park is dependent on the number of sub-areas contained in the park.The assessor details for parks are as follows: Daytime Shift (8am -5pm) Approximately 2 assessors needed per quarter 8.8 shifts needed G 4.4 shifts during the week G 4.4 shifts during the weekend Night Shift (5pm -9pm) Approximately 1 assessor needed per quarter 2.9 shifts needed G 1.4shifts during the week G 1.4shifts during the weekend Figure 3 provides the assessment time for each park and contains the calculations to determine the number of assessments,shifts,and volunteers needed per quarter. Number of Total Time (hrs) Time (hrs)to Assessment to conduct all Nightime Subareas to be Assess a Time (hrs)per assessments Park Name Usage?Assessed subarea Park per Qtr. Belle Isle Park Na 1 0.25 0.25 0.50 Collins Park No 1 0.25 0.25 0.50 Flamingo Park Yes 7 0.25 1.75 7.00 Lummus Park Yes 4 0.25 1.00 4.00 North Shore Open Space Park No 4 0.25 1.00 2.00 Pier Park No 1 0.25 0.25 0.50 Marjory Stoneman Park No 1 0.25 0.25 0.50 South Pointe Park No 2 0.25 0.50 1.00 Washington Park No 0 0.25 0.00 0.00 South Beach Park No 1 0.25 0.25 0.50 Sunset Lake Park Sunset #4 No 1 0.25 0.25 0.50 Triangle Park No 0 0.25 0.00 0.00 Maurico Gibb Momorial Park No 3 0.26 0.76 1.60 Sunset Island II Park No 1 0.25 0.25 0.50 Brittany Bay Park No 1 0.25 0.25 0.50 Crespi Park No 4 0.25 1.00 2.00 Fairway Park Yes 4 0.25 1.00 4.00 Fisher Park No 2 0.25 0.50 1.00 Normandy Isle Park No 0 0.25 0.00 0.00 Normandy Shores Park No 1 0.25 0.25 0.50 Muss Park No 3 0.25 0.75 1.50 North Shore Park Yes 3 0.25 0.75 3.00 Palm Island Park Yes 5 0.25 1.25 5.00 Pinetree Park No 3 0.25 0.75 1.50 Polo Park No 4 0.25 1.00 2.00 Stillwater Park No 4 0.25 1.00 2.00 Tatum Park No 4 0.25 1.00 2.00 Hibiscus Island Park No 1 0.25 0.25 0.50 Parkview Island No 1 0.25 0.25 0.50 Poinciana Park No 1 0.25 0.25 0.50 La Goree Park No 1 0.25 0.25 0.50 Buoy Park (Star Island)No 1 0.25 0.25 0.50 70 17.50 46.50 #of Shifts per Qtr.Number of Volunteers needed Weekdays Weekends Work Shifts Per Quarter (Mon-Fri)(Sat-Sun)Per Quarter Per Year #of daytime shifts (8am-5pm)8.8 4.4 4.4 2.2 8.8 #of night shifts (5pm-9pm)2.9 1.4 1.4 0.7 2.9 1 .6 2.9 11.6 Actual Volunteers Needed 3.0 12.0 Figure 3 Parking Three volunteer is needed each quarter to assess the parking lots.The volunteer is needed during the week and during the weekend during the day,night,and late night hours.The assessment frequency of each lot per quarter is dependent on the usage of the parking lots,which is described in Section Ill.The time to assess one parking lot is dependent on the size of the lot (Large,Medium,or Small).The assessor details for the parking lots are as follows: Daytime Shift (8am -5pm) 8.4 total shifts needed 4.2 shifts during the week 4.2 shifts during the weekend Night Shift (9pm -1am) 2.9 total shifts needed 1 shift during the week 1.9 shifts during the weekend Late Night Shift (1am -8am) 0.8 total shifts needed No shifts needed during the week 0.8 shifts during the weekend Figure 4 provides the calculations to determine the number of assessments,shifts,and volunteers needed per quarter. Parkina Lot Size Breakdown (each lot assessed once annually) Time (hrs)to Number of Assess Non- Parking Size Surface Lots each lot Entertainment Entertainment Larae 4 0.5 1 3 Medium 3 0.33 3 0 Small 55 0.25 19 36 Total 62 23 39 Parking Lot Usage Classification Breakdown Per Quarter Per Year Assessment Number of Total Number of Total Time Frequency [Assessments Time Assessments (hrs)to (hrs)to assess assess lots once Parking Usage Number of lots once per Qtr. Classification Surface Lots per Qtr. Entertainment Quarterly 46 12.48 184 49.92 (Daytime Only) Entertainment 23 (Night and Late Night Only)Semiannually 34.5 9.36 138 37.44 Non- Entertainment (Daytime Only)39 Quarterly 78 21.00 312 84 Non-Semiannually 19.5 5.25 78 21.00 Entertainment (Night Only} 62 158.5 42.84 634 171.36 Determination of Work Shifts #of shifts per Qt Number of Volunteers Needed Monday Saturday Per Per Quarter •Fridav -Sunday Quarter Per Year #of daytime 8.4 4.2 4.2 2.09 8.37 Shifts #of night shifts 2.9 1.0 1.9 0.72 2.87 #of late night 0.8 0.0 0.8 0.20 0.78 shifts Total 12.0 3.01 12.02 Classification Actual Volunteers Needed3.00 Time of the Week Time of the Day 12.00 Weekday Daytime (8am - (Mon-Fri)5pm)Night [(9pm -1am) Commercial -Weekend Daytime (8am - Entertainment (Sat-Sun)5pm) Night (9pm -1am) Late Night (1am - 8am) Weekday Daytime (8am - Commercial -(Mon-Fri)5pm) Non Entertainment Weekend Daytime (8am - (Sat-Sun)5pm)Night 9cm -1am) Figure 4 Waterways One volunteer is needed each quarter to assess the waterways.The volunteer is needed during the week and during the weekend during the daytime hours.All identified waterway hotspots will be assessed every quarter,while a sample of non-hotspot waterway locations will be assessed annually.The assessor details for the waterways are as follows: •Daytime Shift (8am -5pm) 1 assessor needed per quarter 3.4 shifts needed @ 1.7 shifts during the week @ 1.7shifts during the weekend Figure 5 provides the calculations to determine the number of assessments,shifts,and volunteers needed per quarter. #of Waterway 95% Viewing Confidence Locations (Excluding Level Confidence hotspots)Interval(+/-5%)Sample Size 147 1.96 0.05 73.5 Per Quarter Per Year Number of Assessment Time Assessment Locations to be (hrs)per #of Total Time #of Total Time Waterway Locations Frequency Assessed location assessments (hrs)assessments (hrs) Hotspots Quarterly 9 0.25 18 4.5 72 18 Other Locations Annually 74 0.25 37 9.19 147 36.75 Total 83 55 13.69 219 54.8 lumber of 4-hour shifts needed Number of Volunteers Weekdays Weekend Waterway Locations Per Quarter (Monday -Friday)(Saturday -Sunday)Per Quarter Per Year Hotspots 1.1 0.56 0.56 0.28 1.13 Other Locations 2.3 1.15 1.15 0.57 2.30 Total 3.4 1.7 1.7 0.86 3.4 Actual Volunteers Needed 1.00 4.00 Figure 5 Beach Areas Two volunteers are needed each quarter to assess the beach areas (sand dunes, boardwalk/beachwalk,and the beach spoils).The volunteer is needed during the week and during the weekend during the daytime hours.A sample of beach block locations will be assessed quarterly.The assessor details for the beach areas are as follows: Daytime Shift (8am -5pm) Approximately 2 assessors needed per quarter 7.2 shifts needed ®3.6 shifts during the week ®3.6 shifts during the weekend Figure 6 provides the calculations to determine the number of assessments,shifts,and volunteers needed per quarter. Confidence Confidence Total Beach Blocks Level Interval Sample Size 87 1.96 0.05 44 Per Quarter Assessment time #of Beach Area Total Blocks Sample Assessment (hrs)per beach assessments Total Time (hrs)per area Distribution Frequency block per Qtr. South Beach 23 12 Quarterly 0.33 23 8 Mid Beach 40 20 Quarterly 0.33 40 13 North Beach 24 12 Quarterly 0.33 24 8 Total 87 44 87 29 Number of 4-hour shifts needed Number of Volunteers Saturday - Per Quarter Monday -Friday Sunday Per Quarter Per Year Beaches 7.2 3.6 3.6 1.8 7.2 Actual Volunteers Needed 2.00 8.00 Figure 6 References The following documents were also researched in the development of the cleanliness index and assessment process. "The Florida Litter Study:1996",Florida Center for Sol id and Hazardous Waste Management,April 1997 "The Florida Litter Study:Measuring and Managing Litter:Illegal Dumping, City Costs,KAB Litter Index Review",Florida Center for Solid and Hazardous Waste Management,June 2000 "Roadside Litter in Florida:2002",Florida Center for Solid and Hazardous Waste Management,May 2002 "Florida's Recycling and Litter Programs:Current Status and Potential Future Directions," Florida Bureau of Solid and Hazardous Waste,2001 "Scorecard Coterminality Project:Final Report,"City of New York,October 10,1980 "Conducting a Municipal Litter Audit &Results of Litter Audits in 4 GT A Municipalities," MGM Management Consultants,City of Toronto, http://www.toronto.ca/litter/forum/pdf/022504/mgm management.pdf City of Toronto Litter Research,OnSurvey, http://www.toronto.ca/litter/forum/pdf/022504/onsurvey presentation.pdf Toronto Litter Survey 2002,Works and Emergency Services,Solid Waste Management Service Division,September 2002,http://www.cpia.ca/anti- l itter/pdf/Litter%20Survey-final.pdf Keep Knoxville Beautiful.http://www.korrnet.org/keepknox/littersurvey.htm "New Jersey Litter Survey:2004,A Baseline Survey of Litter at 94 Street and Highway Locations",Gershman,Brickner &Bratton,Inc (Solid Waste Management Consultants)and the Institute for Applied Research, http://www.njclean.org/pdf/New%20Jersey%20Litter%20Report.pdf "Litter Strategy Monitoring,"McGregor Tan Research and Keep Australia Beautiful,June 2004, http://www.healthywaterways.org/filelibrary/FILE2004101214487 .pdf "Victorian Litter Monitoring Protocol:Pilot Test and Benchmarks Using the Clean Communities Assessment Tool,"EcoRecycle Victoria,September 2003 "National Litter Pollution Monitoring System -Monitoring Manual,"The Department of the Environmental and Local Government,Custom House,Dublin,Ireland, September 1999 "New South Wales Litter Report 2004,"Department of Environment and Conservation (NSW), Sidney,Australia,http://www.epa.nsw.qov.au/litter/research.htm "National Pollution Monitoring System:Local Authority Update #3," Dublin,Ireland, http://www.litter.ie/information updates/docs/lnformationUpdate3.pdf "Litter and the Law:A Guide for the Public,"ENCAMS, http://www.dumgal.gov.uk/dumgal/xdocuments/6573.pdf.ashx National Litter Pollution Monitoring System,Dublin,Ireland, http://www.litter.ie/about/overview_of_the_system.shtml Keep Houston Beautiful Windshield Survey, http://www.kab.org/uploadedFiles/KABToolBox/Downloads/windshield survey.pdf "A Regression Model to Predict Litter in Urban Freeway Outfalls After Rainstorms,"by Daniel B.Syrek,Masoud Kayhanian,and Scott Meyer,Storm Water Program, California State University at Sacramento Office of Water Programs, July 2003 "Assessing and Monitoring Floatable Debris,"U.S.Environmental Protection Agency, http://yywy._epa.gov/owow/oceans/debris/floatingdebris/toc.html "Data Documentation and Interpretation,"The Volunteer Monitor, Volume 17,Number 1, W inter 2005,http://www .epa.gov/owow/monitorinq/volunteer/newsletter/volmon17no1.pdf "A W aterw ays Health Check:Rating Your Local W aterw ay," Waterw atch Austra lia,http://www .waterw atch.orq.au/library/health- check.html#check National Healthy Beaches Campaign,Laboratory fo r Coastal Research,Florida Intern ational University, http://www .ihrc.fiu.edu/nhbc/ratinq criteria.htm Port Phillip Bay Beach Litter Survey 2003-04,Kepp Australia Beautiful Victoria,Publication 966,February 2005, http://epanote2.epa.vic.qov.au/EPA/Publications.nsf/PubDocsLU/966?0penDocument Doing a Catchment Survey, http://www .cwmb.sa.qov.au/kwc/about catchments/catchment survey.pdf The Recreational Demand for Clean Beaches and Economic Impacts of Pollution:A Case Study fro m the Cape Peninsula,South Africa, Balance,A.,Turpie,J.,&Ryan,P., www .econ4env.co.za/wip/anna2%20-%20econ beach .doc Clean Virginia W aterw ays,http://longwood.edu/cleanva/howdata.htm EXHIBIT "D" CITY OF MIAMI BEACH ROUTINE GROUNDS MAINTENANCE SPECIFICATIONS 1.STANDARDS AND REFERENCES:The landscape maintenance personnel shall be well versed in Florida maintenance operations and procedures,Florida Friendly Landscaping,and Integrated Pest Management practices.All employees shall be competent and skilled in their particular job in order to insure that they properly perform the work assigned. The following organizations provide standards and publications which shall be used as a guide for conducting grounds maintenance services.Any deviations from these standards should be approved by the City in writing: • Florida Cooperative Extension Services,18710 SW 288th Street,Homestead,Florida, 33030. Florida Turf-Grass Association,Inc.,302 Graham Avenue,Orlando,Florida, 328036399. National Recreation and Park Association,1601 N.Kent Street,Arlington,Virginia, 22209. Florida Recreation and Park Association,1406 Hays Street,Suite 1,Tallahassee, Florida,32301. Florida Department of Transportation,"Manual on Traffic Controls and Safe Practices for Street &Highway Construction,Maintenance and Utility Operations."D Institute for Regional Conservation. Florida Department of Environmental Protection. American National Standards Institute A-300 Standards. Florida Nursery,Growers and Landscape Association. 2.MATERIALS:All materials supplied and used by landscape maintenance personnel shall be the highest quality and used in accordance with manufacturer's directions.Commercial products such as fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. City inspectors may require tests and reject materials not meeting these specifications or manufacturer's guarantee.Salvage materials will not be allowed. REPLACEMENT:Any plants which are damaged or die as a result of improper maintenance,inadequate or lack of irrigation or lack of sufficient maintenance shall be replaced by the landscape maintenance personnel,at no cost to the City,within ten (10) calendar days upon discovery by the landscape maintenance personnel or notification by the City.The following criteria shall be used to determine if replacement is necessary. Plants are not in a healthy growing condition and this renders them below the minimum quality standard (Florida Grade #1 as defined by the Florida Grades and Standards Manual for Nursery Plants). There is a question of any plants ability to thrive after the end of the maintenance period which would render it below the minimum quality standards (Florida Grade #1 as defined by the Florida Grades and Standards Manual for Nursery Plants). The plant material is dead. 3.SIZE,QUALITY,AND GRADE OF REPLACEMENT: Replacement material shall be of the same brand,species,quality and grade as that of the material to be replaced,or it shall conform to the Florida Grades &Standards for nursery plants Florida #1 Quality,whichever is higher.The size of the replacement plants shall not be necessarily the same size as the original specified plant at its initial planting.The replacement shall be of equal size to the plant to be replaced at the time it has been determined that it must be replaced.However,if for some reason,the plant to be replaced is smaller than the size to be replaced,the replacement shall be at least equal to the original size when the maintenance period began. Plants shall be sound,healthy,and vigorous,free from plant disease,insect pests or their eggs,and shall have normal root systems and comply with all State and local regulations governing these matters,and shall be free from any noxious weeds. All trees shall be measured six (6)inches above ground surface. SHAPE AND FORM:Plant materials shall be symmetrical,and/or typical for variety and species. All plant materials must be provided from a licensed nursery. 4.WATER:Should landscape maintenance personnel be required to supply water temporarily,the water shall be fresh (non-salt),and containing no harmful levels of pollutants or chemicals. 5.SOIL: Any soil supplied by landscape maintenance personnel shall be good,clean,friable top soil (or soil mix),free from any toxic,noxious or objectionable materials,including rocks, lime rock,plant parts or seeds. "Planting Soil Mix"shall be equal parts of Canadian peat,silica sand,and composted organic matter,sterilized. "Muck-sand-soil"shall be 70 percent silica sand and 30 percent Florida peat. 6.FERTILIZER:All fertilizer shall be the best commercial grade and except for free flowing liquids, shall be delivered to site and be dry when processed for application.Fertilizers shall be in appropriate containers and tagged.Special permission from the City is required to use bulk fertilizers. Landscape maintenance personnel may be required to submit copies of the manufacturer's specifications for all fertilizer including data substantiating that the proposed materials comply with specified requirements. 7.PESTICIDES (INSECTICIDES,FUNGICIDES,HERBICIDES,ETC.):Insecticides &Fungicides shall be only those which are approved or recommended for use near open waler bodies and those specified.Only the Federal Environmental Protection Agency (EPA)approved products shall be used. All pesticides are to be registered and approved for use by the Florida Department of Agriculture. Landscape maintenance personnel should document and retain to be produced if requested,a schedule of spraying and dusting materials to be used to control pests and disease infestation, the reason for their use and the method to be used to apply the materials and the method of application before it is delivered and used on the site.The need for pest and disease control, will be determined by the landscape maintenance personnel's Horticulturist.Also,if requested by the City,landscape maintenance personnel will furnish documentation that the implementation of these control measures for pests and disease infestation is in strict compliance with all Federal,State,and Local Regulations.Any use of pesticides in Parks must be approved in writing by City. 8.MISCELLANEOUS MATERIALS:Mulch shall be Amerigrow Recycling's or City approved equivalent shredded,round-wood,recycled mulch Pine Bark Brown in color.Other mulch types may be required upon request by the City. 9.EQUIPMENT:Equipment supplied by landscape maintenance personnel shall be designed for or suited to the grounds maintenance task in which it is to be used.Equipment will not be used in areas or to perform tasks where damage will result to the landscapes or sites. Landscape maintenance personnel shall maintain supplied equipment in a good appearance and all equipment shall be maintained in a safe,operational and clean condition. 10.COMPLETION OF WORK:All work is to be completed in a continuous manner.That is all mowing,edging,weed control,trimming,litter removal,etc.shall be completed before leaving the job site. 11.GROUNDS MAINTENANCE FUNCTIONS AND TASKS: TURF CARE:Maintain turf areas in a healthy,growing green and trim condition by performing the following operation: i.SITE PREPARATION:The landscape maintenance personnel shall,prior to mowing, retrieve materials and dispose of waste to include,and not be limited to, papers,glass,bottles,cans,fallen tree limbs and/or fronds,and all other deleterious materials found on the sites listed herein.Should the landscape maintenance personnel have knowledge of the existence of hazardous wastes upon lands covered by the provisions of this agreement,the landscape maintenance personnel shall have a duty to immediately notify the City in writing of such a condition,and provide information on the disposal of the material. 12.MOWING GENERAL i.Mowing shall be performed in a workmanlike manner that insures a smooth surface appearance without scalping or leaving any "missed"uncut grass.Special care will be required to avoid scalping swales and on top of berms.Line trimmers will not be permitted for cutting grass in areas larger than 64 square feet. ii.Reel mowers will be used on Bermuda,Paspalum and Zoysia grass. iii.Rotary mowers will be used on St.Augustine and Bahia grass. iv.All mowers are to be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf.Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blade. v.All mower blades are to be maintained sharpened condition and sharp enough to cut,rather than to tear grass blades. vi.All litter and debris are to be removed from turf before mowing to avoid shredding that will damage turf appearance,or items that may be propelled by mower blades. vii.Mowing will be done carefully so as not to "bark"trees or shrubs,or to introduce weeds into ground cover beds,or to damage sprinkler heads,curbs,or other facilities. viii.Grass clippings or debris caused by mowing or trimming will be collected and removed from the turf or from adjacent walks,drives,gutters and curbs or surfaces on the same day as mowed or trimmed and legally disposed of at an off- site location at Contractor's expense.Dispersion of clippings by the use of blowers is expressly forbidden. ix.Mowing will not be done when weather or other conditions will result in damaged turf. 13.MOWING SPECIFICS i.ST.AUGUSTINE GRASS:Mow only with a rotary mower a minimum of once per week during the growing season of May through the end of September and at other General Service,as needed,throughout the year. ii.BAHIA GRASS:Turf shall be mowed at 4"to 4 1/2 "above soil level with a mower designed for use in the specific circumstances.Remove clippings from areas if excessive clippings result from the mowing operation. D.TRIMMING AND EDGING:Landscape maintenance personnel shall trim and properly edge all shrub and flower beds as well as trees,curbs,walks,lighting and all other obstacles in the landscape and remove clippings.Paved areas (hard edges) shall be edged every mowing with respect to the turf type adjacent to the edging. Edging of beds and the tree rings (soft edging)shall be executed not less than every other mowing with respect to the turf type adjacent to the edging.Turf edging at shrub beds,flower beds,ground cover beds,hedges,or around trees (where "edging"rather than "trimming"is directed),shall be edged with a manual or mechanical edger to a neat vertical uniform line.Line Trimmers are not to be used for vertical edging or for cutting turf grass in areas lager than 64 square feet.Line trimming of large areas shall be considered contrary to Accepted Standard Industry Maintenance Practices and subject to payment reductions as described in Appendix B Section 1.5.Edge grass at plant bed lines to keep grass from growing toward shrubs,keep the width of sod as it was originally placed.Care shall be taken to avoid damage of ground cover weed barrier. Grass will be trimmed at the same height as adjacent turf is mowed,and to remove all grass leaves from around all obstacles and vertical surfaces in the turf,such as posts, walls,fences,etc.Particular attention will be given to trimming around sprinkler heads and other irrigation system components to assure their proper water delivery function. The mechanical line trimmers are not to be used within eighteen (18"}inches of tree or palm trunks and are not to be used in lieu of a trim mower,to mow large areas of grass. Note:Damage to property or existing vegetation by improper trimming or edging shall be repaired or replaced within 48 hours at landscape maintenance personnel's expense.All walks and other paved areas littered in the lawn maintenance process shall be vacuumed,swept,or blown off while the mowing,edging,or trimming is in process so that the appearance suffers for the least amount of time.Direct clippings back on to the site not into the roadway.Debris shall never be disposed into storm drains,adjacent properties or into adjacent roadways.Shell,mulch,gravel or other porous walkways shall be raked clean with a fan rake.Blowers are not to be used on shell,mulch or sand walkways.Landscape lighting shall be wiped,blown off or vacuumed as needed to prevent accumulation of clippings and dead insects. Landscape areas shall be raked and cleaned of clippings,leaves,sticks,twigs,and all litter during each service visit. Materials cleaned from grounds may not be disposed on-site,and must be removed from locations at landscape maintenance personnel's expense. 14.PRUNING SHRUBS AND GROUND COVER PLANT BED AREA MAINTENANCE: All shrubs and ground cover plants growing in the work areas shall be pruned,as required,to maintain plants in a healthy,growing,flowering condition and to maintain plant growth within reasonable bounds to prevent encroachment of passageways,walks,streets,view of signs or any manner deemed objectionable. BED AREA MAINTENANCE:The landscape maintenance personnel shall keep the bedded areas free of dead plants,leaves,and branches at all times.All beds shall be vertically edged,and kept weed free at all times.Edge grass at plant bed lines to keep grass from growing toward shrubs,keep the width of sod as it was originally placed. Landscape edging where used must be kept in place,and vertical as it was originally installed. SHRUBS:All shrub material shall be pruned a minimum of once per month to insure the best shape,health,and character of the individual plant.Mechanical trimming may only be utilized when the health or appearance of the plant will not be damaged by the mechanical trimmers. GROUNDCOVER:All groundcover material shall be pruned a minimum of once per month to insure the best shape,health,and character of the individual plant. Groundcover plants shall be selectively cut back to encourage lateral growth and kept inbounds and out of other plantings,walkways,lighting,etc.Mechanical trimmings may only be utilized when the health or appearance of the plant will not be damaged by the mechanical trimmers. 15.TREES AND PALM PRUNING: Trees and palms are to be maintained in a healthy,growing,safe,attractive condition and in their proper shape and size according to variety,species and function in the landscape. Emphasis to be placed on the proper (natural)shape and size.Limit the amount of trimming done to meet special purposes,e.g.,sign clearance on businesses,leaves dropping on outdoor tables,etc.The City's tree code states that it is unlawful to destroy a tree's natural shape.This type of pruning to be performed only with the approval of the City Urban Forester. SEC.46-62.TREE ABUSE PROHIBITION:It shall be unlawful to abuse any tree located within the boundaries of the City of Miami Beach,either public or private.The following acts shall constitute tree abuse: • Damage inflicted upon any part of a tree,including its root system,by machinery,mechanical devices,soil compaction,excavation,intentional vehicle abuse,chemical applications,changes to the natural grade,fire, storage or disposal of toxic or hazardous substances,or any removal of the outer bark area. Damage inflicted to or cutting a tree which permits infection or pest infestation. Cutting any tree which destroys its natural shape,such as topping or hat racking. Fastening any sign,rope,wire or object by nail,staple,chemical substance,or other adhesive means to go on through,or around,any tree, causing permanent damage to the tree. Any pruning,or cutting,in violation of the practices established by the American National Standards Institute (ANSI)A300 Standards for Tree Care Operations. C.PRUNING:All pruning shall be in compliance with the most recent tree maintenance standards as published in the American National Standards Institute (ANSI)A300 Standards for Tree Care Operations.All tree pruning must be done by an ISA certified arborist or under the direct,on-site supervision of an ISA certified arborist. Pruning will also be required from time to time to remove damaged branches from storms,frost,pruning to prevent encroachment of branches over streets,into private property,obscuring view of signs or traffic,particularly at a road intersection,or interference with lighting,etc. Tree branches shall be pruned up to seven (7')feet over walkways and in areas so designated by the City Urban Forester.All tree pruning shall be accomplished in accordance with the most recent American National Standards Institute (ANSI)A300 Standards for Tree Care Operations. In addition to the situations mentioned in the preceding text,Pruning shall include the following items: •Dead,dying or unsightly part of the tree •Remove sucker growth from base of the trees in which an exposed trunk character is desired •Crossed branches that may rub together •"\/"crotches with included bark,which are subject to failure subordinate multiple leaders if the tree normally has only a single stem •Growth that interferes with the movement of vehicle or pedestrian traffic, signage,or lighting.Nuisance growth includes the removal of all dangerous thorns,spikes or appendages which show potential conflict with people All branches,dead wood,and cuttings shall be removed from the job site at time of pruning and disposed of in an acceptable manner.All lawn and shrub areas damaged by pruning equipment shall be restored. Palms are to be pruned a minimum of four times a year,in June,September, December and March.Minor pruning as otherwise required to remove brown or broken fronds,prevent encroachments,and remove fruit shall be done throughout the year. Special attention should be paid Coconut Palms and Date Palms where fallen fruit may present a hazard to pedestrians or property or create problems with sanitation. NATURAL SHAPING AND THINNING:Prune,thin,and trim all trees at least once a year.Trees should be inspected and evaluated monthly,and pruning scheduled as needed for health,development of structural strength,public safety,maintenance of clearances,etc.to keep the trees healthy,to (1)maintain the natural character of the variety,(2)to control shape and to prevent crowding.Pruning in general shall consist of the removal of dead,broken,fungus infected,superfluous,and intertwining branches, vines,and the removal of dead or decaying stumps and other undesirable growth.Palms shall be pruned as needed to remove fruit,inflorescence,dead fronds and weak stalks. In order to prevent the spread of disease and reduce the possibility of nutrient deficiencies,only dead,brown fronds should be removed under normal circumstances. Whenever live plant tissue is being cut,including for example,diseased,broken or mostly dead fronds or fruits or inflorescences,tools shall be disinfected.Disinfect tools between palms by soaking in a (5.25%)-25%dilution Chlorine bleach and water solution for a minimum of 5 minutes.Chainsaws shall not be used on Phoenix spp.Due to the difficulty in sanitizing chainsaws,hand saws only will be permitted.Saws must be disinfected after pruning each Phoenix palm.Palms shall not be excessively pruned, i.e.,above the horizontal plane with the ground,or the 3 o'clock/9 o'clock crown positions. Remove brown or broken fronds only unless removal is required due to encroachments. STAKING AND GUYING AND TREE SET-UP:Maintain existing and adjust tree stakes, guy wires and hoses or blocks,until trees are capable of standing vertical and/or resisting normal winds. Landscape maintenance personnel shall be responsible for the complete removal and replacement of those trees lost due to faulty maintenance or negligence,as determined by the City Urban Forester. Replacement shall be made by landscape maintenance personnel in the kind and size of tree determined by the City Urban Forester. All trees that have died or have been blown or knocked over are to be reported immediately upon discovery to the City Urban Forester. With prior approval from the City Urban Forester,it is the landscape maintenance personnel's responsibility to remove and properly dispose of all dead or injured trees and/or weed trees such as but not limited to Florida Holly,Melaleuca or Australian Pines.Landscape maintenance personnel shall set and support trees that have been knocked or blown over Landscape maintenance personnel shall be responsible for removing all graffiti, signs,posters,boards,supports and any other material(s)attached or fastened to trees,or from elsewhere on the site,as directed by the City Urban Forester. 16.WEED CONTROL A.All landscape areas within the specified area,including lawns,shrub and ground cover beds,planters,and areas covered with concrete,pavers,gravel or shell,shall be kept free of all weeds at all times.This means complete removal of all weed growth shall be accomplished at each service visit.For the purpose of this specification,a weed will be considered as any undesirable or misplaced plant.Weeds shall be controlled either by hand,mechanical,or chemical methods.The City may restrict the use of chemical or mechanical weed control in certain areas.Mechanical weed control shall not disturb the mulch layer so as to expose the underlying soil. Weeds are to be mowed,trimmed,or edged from turf areas as a part of turf care operations. Weeds are to be manually removed from shrub,hedge,ground cover or flower beds,unless chemical or mechanical means are specifically authorized.Line Trimmers are not to be used for weed control in mulched areas.Use of line trimmers in mulched areas shall be considered contrary to Accepted Standard Industry Maintenance Practices.Damaged plant material resulting from such practice shall be replaced in kind. Weeds are to be removed from walkways,curbs,expansion joints,and along fence lines and guardrails at each service. B.If infestations cannot be controlled by hand-pulling,or herbicide use will damage or kill the shrubs or ground-covers,the bed may be excavated,after removing all plants.Then, weeds may be destroyed before replanting by any of the following methods: Sterilize the soil;or Allow weeds to re-establish a vegetative top and treat with a systemic herbicide, at least two (2)applications,about two (2)weeks apart,or until there is a 90%kill; or After the kill,apply,immediately after replanting,a pre-emergent herbicide,such as Treflan or prior to replanting utilizing a ground cover fabric. If it is determined by the City that the landscape maintenance personnel responsible for maintenance allows wccd infestations to sprcad bcyond thc ability to control them,then the removal,treatment,and replacement of the planting bed shall be done as described above by the landscape maintenance personnel at no cost to the City.Soil which exhibits significant weed growth within one (1)month after planting,(20%ground coverage of the bed by weeds)shall be considered as previously weed-infested. 17.LITTER CONTROL A.TRASH GENERATED FROM LANDSCAPING ACTIVITIES:Landscape maintenance personnel shall promptly remove all debris generated by his pruning,trimming,weeding, edging,and other work required in the specifications.Storm drains shall be kept clear and free of debris.Debris must be disposed of at an authorized site for commercial use. Neighborhood trash transfer stations or roadside piles are not considered authorized sites.Landscape maintenance personnel shall clean driveways and paved areas with suitable equipment immediately after working in them.All cuttings are to be collected and removed on same day as cut. B.LITTER REMOVAL:Litter shall be removed from all turf areas,landscape beds,walk ways and all hard surfaces at each regularly scheduled service. 18.FERTILIZATION AND SOIL TESTING:The fertilizer used shall be a commercial grade product and recommended for use on each plant type.Specific requirements should be determined by soil test results,soil type,and time of year.Applications shall proceed continuously once begun until all areas have been completed.In the event fertilizer is thrown on hard surfaces,it shall be removed immediately to prevent staining. A.TURF i.ST.AUGUSTINE:St.Augustine turf areas that contain palms shall be fertilized three (3)times per year;with "Palm Special Fertilizer"with the formulation of 8N- 2P30-12KO +4Mg with micronutrients.100%of the N,K,and Mg must be slow release with micronutrients in a water soluble form,applied according to label rates. For all other turf grass areas;applications to be made during the following months:April,July,and October.The N<P<K ratios shall vary with the time of year of the application and results of the soil analysis. The approximate N,P,K ratios should be: •One (1)application of a 5:2:1 ratio with a post-emergent weed control; •One (1)application of a 10:1:2 ratio with Insecticide,and one application being a blanket application of insecticide in accordance with 1PM (Integrated Pest Management)standards;□One (1)application of a 3:1 :3 ratio; ii.GROUNDCOVER AND SHRUBS:The fertilizer for all planted shrubs and groundcovers shall meet appropriate horticultural standards with an N,P,K ratio of 3:1 :2,unless soil conditions or plant species dictate differently,with at least 60%of the nitrogen from a non-water soluble organic source. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3)times per year during the months of April,July and October. Changes in fertilization rates,methods and composition must be approved by the City in writing. iii.FERTILIZATION OF TREES AND PALMS:The fertilizer for all the planted trees shall be a complete slow release fertilizer with minor elements,with a N,P,K ratio of 3:1 :2 or 3:1 :3 (e.g.12-4-8 or 15-5-15,unless soil conditions or plant species dictate differently,. All Trees 5"caliper or under shall be fertilized three (3)times per year: April,July and October.Landscape maintenance personnel to apply a complete slow release fertilizer with minor elements,applying 1 pound of Nitrogen per 1000 square feet of area of root zone (drip line plus 50%). All Palms shall be fertilized four (4)times per year;every three (3) months;during the months of January,April,July and October. Contractor to apply "Palm Special Fertilizer"with the formulation (8N- 2P1Os12K3O +4Mg)with micronutrients.100%of the N,K,and Mg must be slow release with micronutrients in a water soluble form.The fertilizer shall be broadcast evenly under canopy area at a rate of 1.5 lbs of fertilizer (not N)per 100 sq.ft. 19.DISEASE AND PEST CONTROL: To control or eradicate infestations by chewing or sucking insects,leaf miners,fire ants,and other pests and diseases,spray affected plants with chemical sprays and combinations of sprays suitable for that particular pest when the infestation or infection becomes evident and as often thereafter as necessary.Landscape maintenance personnel shall be fully licensed to apply pesticides.Landscape maintenance personnel shall use sound cultural practices that aid in preventing the presence or proliferation of insect and diseases.1PM (Integrated Pest Management)standards and principles shall be incorporated into any approved disease and pest control plan.Insects in Bermuda,Paspalum and Zoysia grass shall be controlled by both curative and preventative measures.Timing will be critical on mole cricket applications and frequencies of application will be as needed to successfully control their infestations. All Royal Palms shall receive a root drench with Merit insecticide every February per label directions to control summer infestations of the Royal Palm bug. PHOENIX SPP.PALMS DISEASE CONTROL:Three times per year all Phoenix palms will be treated with a systematic fungicide(s)which is labeled for Fusarium,Pithium,and Phythophthora.These applications will be performed as a root drench during the months of March,July,and November and are considered to be preventive maintenance.Failure to complete applications as specified may result in landscape maintenance personnel being liable for the replacement of Phoenix palms lost to these diseases. 20.APPLICATION OF HERBICIDES AND INSECTICIDES: Landscape maintenance personnel may apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation.All applications shall be performed by persons holding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with the herbicide manufacturer's recommended rates and all applicable Federal,State,County and Municipal regulations. Landscape maintenance personnel shall exercise extreme care so as not to over spray and effect areas not intended for treatment.Areas adversely affected by such over spray shall be restored by the landscape maintenance personnel at their expense. When a chemical is being applied,the person using it shall have in their possession all labeling associated with the chemical.Also,the chemical shall be applied as indicated on the label.A specimen label and the Material Safety Data Sheet for each product shall be retained and supplied to the City upon request. All insecticides shall be applied by an operator licensed pursuant to Chapter 487 of the Florida Statutes.The operator shall have the license/certification in his or her possession when insecticides are being applied.The implementation of control measures for pests and disease infestations shall be in strict compliance with all federal and local regulations. Upon request,the landscape maintenance personnel shall furnish documentation of such compliance. The spraying of insecticides and other such chemicals are to be confined to the individual plant.Spraying techniques which may introduce the material being sprayed beyond the immediate area of the individual plant are strictly prohibited. Spray or dust material on foliage only during calm days.Do not apply when leaves are wet,when rain is expected within 3-4 hours after spraying,or when temperatures exceed 88 degrees Fahrenheit.Spray at times when traffic is lightest (i.e.,early mornings or weekends).Use a surfactant to aid in adherence and absorption of the material.Wash material off of pavements and buildings immediately after applying. Landscape maintenance personnel shall utilize all safeguards necessary during disease or insect control operations to ensure safety to the public. 21.TURF RENOVATIONS: Turf renovations may be required if conditions warrant such a procedure and will be an extra charge.Conditions which warrant renovation include,areas thinned out or damaged turf resulting from natural burnout,traffic,and any area which has become unsightly. Proper watering,fertilization and pest management will be critical during and after renovation. Any irrigation damaged because of turf renovation will be repaired at landscape maintenance personnel's expense. 22.IRRIGATION SYSTEM MAINTENANCE AND WATERING: Landscape maintenance personnel will be responsible for the operation and maintenance of the automatic/manual irrigation systems and for setting and adjusting the timer to insure proper watering of all plant material in the landscape. Landscape maintenance personnel will be responsible for the labor and supervision to make irrigation repairs to the lateral line,risers and sprinkler heads up to one inch (1 ") in diameter as required to keep the system operating. Landscape maintenance personnel will also,at least once a month,perform a Full Irrigation Wet Test which will include fully operating all the irrigation zones and replace, repair or clean all irrigation heads,lines,valves,valve boxes,filters and controllers as needed.Any equipment damaged by landscape maintenance personnel shall be replaced with the same equipment and by the same manufacturer. Irrigation System shall be constantly maintained and adjusted to insure that no water from the system hits the road or other hard surface. Grass shall be cut back around all irrigation heads and valve boxes at least once per month or more often as required to keep them clearly visible and fully operational.Care shall be taken to avoid damage to the irrigation boxes,zone wires,sprinkler heads from the required clearance activities,and any damage caused will be the landscape maintenance personnel's sole responsibility to repair. The irrigation shall be capable of providing 1-1/2"of water to all lawns and shrub beds each week or as often as required to provide for a uniform lush green landscape appearance.System shall be adjusted during the various seasons. Landscape maintenance personnel shall be required to make all irrigation repairs within a 24 hour time period or sooner to prevent water loss. Irrigate as necessary during times of little or no rainfall using the automatic irrigation system and any supplemental watering necessary to apply the proper amount of water to keep plant material in optimum health.Under normal conditions,irrigate deep and infrequently (2-3 times weekly)to promote a good root system.Water early mornings within watering restrictions.Avoid watering in the evenings. Landscape maintenance personnel are required to ensure adherence to all local watering restriction ordinances.It shall be the responsibility of the landscape maintenance personnel to pay any and all fines levied due to lack of compliance with watering restrictions. 23.MULCHING BEDS A.Replenish mulch in shrub beds as required to cover areas of bare soil,especially at the edge of the bed and in places where the shrub canopy has not grown together to shade the soil.Add mulch around tree trunks in sod areas.Mulch shall be added to maintain a constant three (3)inches thickness.Do not pile mulch against tree trunks and shrub stems. B.Use Amerigrow Recycling's or a City approved equivalent shredded "round-wood"mulch "Pine Bark Brown"color. 24.SAND REMOVAL/POLICING:Cleaning of debris within the confines of the sites by blowing, sweeping,or vacuuming or other means must be performed as required to keep paved, bricked or concrete surfaces clean and neat at all times. City of Miami Beach Appearance Index Manual Table of Contents Introduction 3 Objective .4 Background .4 Scheduling 5 Procedure 6 Data Analysis 6 Scores:6 Sample Size:6 Sample Reports:7 Training 10 Training PowerPoint Slides 10-13 Conclusion 15 15.Introduction The purpose of this manual is to provide information about the City's Appearance Index program. This includes information on the areas assessed,assessment instructions,data analysis and collection,and next steps.Sites that are assessed include: • • Sidewalks o Plant Beds,and Turf Roadways o Plant Beds and Roadways Parking Lots o Roadways, Sidewalks,and Plant Beds Alleys o Roadways Parks (Depends on the sub- area)o Sidewalks,Turf,and Plant Beds 16.Objective To monitor impacts of recently implemented initiatives in order to identify areas of improvement and assure the quality of services. 17.Background The Miami Beach Appearance Index is an objective measurement of performance ranging from a score of 1 (Very Well Maintained)to 6 (Not Maintained)based on a Yes/No response for each criteria per area and includes appearance assessments for each roadway and sidewalk and their surrounding turf and plant beds.Criteria for each area are listed below: Turf Appearance Cut and trim •Green No wccds • No overgrowth No open holes or bare patches Plant Bed Appearance •Fully planted • • • Fully mulched No weeds No overgrowth Healthy appearance and damage free Sidewalk Appearance •Smooth and even with no cracked or broken panels/bricks Curb damage free Painted areas fully covered (curbs) No graffiti or advertisements Sidewalk furniture in excellent condition (benches (wood/concrete/steel),bike racks,water fountains,gate/latches,handrails,bollards) Roadway Appearance •Asphalt Smooth •No cracks,holes,or patches •Pavement markings crisp and visible •Crosswalk clearly identified •Signage/poles//mast arms in excellent condition with no unused/unnecessary poles,etc. The results of the assessments are used to monitor the impacts of recently implemented initiatives,to target areas for future improvements,and assure the quality of service.Quarterly sample sizes are set to ensure no greater than ±5.0 percentage point sampling error given the 95%confidence level. 18.Scheduling Roadways,sidewalks,and parking lots operate 24 hours a day,7 days a week.Parks are open during daylight hours with only five open at night.Appearance index assessments are scheduled in conjunction with cleanliness assessments in the following time slots: Monday to Sunday: I.8:00AM to 12:00PM II.12:00PM to 4:00PM Shifts are scheduled in around 4-hour increments based on time of the day to enable statistically valid sample.For statistical validity,each assessment must be properly distributed;otherwise,the sample size would be small and produce inaccurate results. Shifts can occur during the weekday and/or the weekend.Assessors can sign-up for shifts or be assigned;any changes to the schedule must be made at least 7 days prior to the date of the assessment. Appearance assessments are done twice a day every day during daylight hours with one from 8:00 A M to 12:00 PM and another from 12:00 PM to 4:00 PM. Weekday Weekend gLg.gag.gg,gg g "Morning Early Morning Early 8AM to Afternoon 8AM to Afternoon 12PM 12PMto 12PM 12PM to 4PM 4PM Total #of As signed (to be completed) &Completed Shifts 9 10 9 10 19.Procedure For every quarter,a schedule is created based on the shifts distribution so that assessors may sign up for a shift or multiple shifts in the schedule.Assessments are only to be done using the city vehicle.The frequency of the assessments will depend on the usage of that street;therefore,streets and sidewalks are classified by their usage utilizing sanitation service levels. 20.Data Analysis 20.1 Scores: Quarterly reports help to monitor the data collected.We review average scores that range from 1.0 to 6.0,with 1.0 being the best possible score.The city's goal is for 90%of the assessments to receive a score of 2.0 or better,and to have all assessments receive a score of 1 .5 or better in the future. Scores are assigned based on a response of "yes"or a "no"to a specified criterion where all yes to set criteria equals a score of 1.So,the scoring for each assessment based on five criteria per area is as follows: 5 yes=1 4 yes=2 3 yes=3 2 yes=4 1 yes=5 0 yes=6 The data reports are used to identify positive/stable performance and criteria.We are able to identify issues in locations relating to appearance to address poor performance and implement strategies to improve. 20.2 Sample Size: To determine the sample size to be utilized,three factors were taken into account:population size, confidence level,and margin of error. •Population:There are different areas that are assessed when it comes to appearance. However,these assessments are only conducted between 8 am and 4pm.As such,the cleanliness sample size of 1,226 blocks has been reduced to 37 streets and sidewalks with 4 assessments make the population 148.There are 29 alleys assessed for appearance and with 4 assessments results in a population of 116.The city's 18 parks are subdivided into 32 sub-areas with four assessments in each result in a population of 128 assessments.This number is approximate as the parks assessed and their sub- areas each quarter can be in different amounts.Lastly,we include parking lots,not • including garages;from a total of 23 lots and four assessments each we have a population of 92. Confidence Level:A confidence level is a percentage that expresses how sure the results can be.This tells us how often the true percentage of the population would lie within the confidence interval that is to be calculated.For example,a 90% confidence level allows us to claim that 90%of the time,the true mean would be within the confidence interval.The most common confidence level is 95%.A higher confidence level requires a larger sample size. 20.3 Sample Reports: The following is a sample report to serve as an example of how the data is presented. The following tables show index scores of different categories for a given quarter. A subcategory score (such as the Turf cut and trim or Sidewalk curb damage)is determined by adding all the yes scores for that subcategory and dividing by the total number of scores. xx ssssssssssssssssssssss ssssssssss =A nn X =sum of all yes sub-factor N =number of assessments B The overall appearance score is determined by taking the average of the subcategories. (SSSSSS SSoo IIIIIICCAACCIISSSSII CCSSCCSSSSSSCCSS SSSSSSSSSS} AAAASSSSSSSSSS CCSSCCSSSSSSCCSS SSSSSSSSSS = NNSSSSSSSSSS SSoo SSSSSSSSSSSSSSSSSSSSCCSSSS The overall Appearance Score is determined by taking the average of the subcategories (turf area and sidewalk)as well as the roadways and plant bed scores. (SSSSSS 0000 AAAAAA AAAAAAAAAAAAAAAA 0000 CCAACCCCAAAACCAA} OOAASSSSSS////AAAAAASSSSSSSS//SSSS(C q ssssssssss =»TToOCCAAAA NNSSSSNNAAAA 000o AAAAAAAAAAAAAA 00oo CCAACCCCAAAACCAA A fiscal year average tells us the overall performance for a certain year.Similar to the overall appearance score,the FY Average is determined by taking the average of the 4 quarters within the given fiscal year. (qq1+qq2+qq3+qq4) FFFF AAAASSSSSSSSS = 4 Q1=score from 1 quarter Q2=score from 2°quarter Q3 =score from 3'quarter Q4 =score from 4"quarter The "%change in prior Quarter"shows by how much the current quarter improved or decreased from the previous quarter in terms of percentage. (X X-YY)%SShSSIISSSS CCII AASSCCSSSS QQSSSS = yy X =current quarter score Y =previous quarter score The "%change in prior FY Quarter"shows by how much the current quarter improved or decreased from the same quarter a year prior.For example,if we are looking at quarter 1 from the FY16/17,we are comparing it to quarter 1 from the FY15/16. (xx-YY)%SShSS/ISSSS CCII AASSCCSSSS FFFF QQSSSS = yy X =current quarter score Y =score from same quarter one year prior The "%change from base year Quarter"shows by how much the current quarter improved or decreased from the same quarter in the base year.If the base year is FY 15/16 then we are comparing whatever is the current quarter's score to that same quarter's score in the base year,FY 15/16.For example,if we are looking at quarter 1 from the FY 17/18,we are comparing it to quarter 1 from the FY 15/16 and not from the FY 16/17 because the base year is FY 15/16. xxG%SShSS/I SSSS ooSSSSSS SSSSSSSS SSSSSSSS QQSSSS =- 1 yy =current quarter score =score from same quarter from the base year 1?tg ta pgtgr.r 't aa Ls Mt »tree ztuna h,teme treebe teeere r parPr ear-Overall Score C 2133 1.231 2.02 2140 -14.41%-23.0%-1.35 %.streets ~20s 1.73 212 2.11 2.027: B City ot Mlsmt Besch (CMB 242 2.c5 22 22 2250 -1.33 -14.37%-1.48% Not ircuairg aleys 224 1.&4 211 2.05 2.0555 -321%-13.92%-1.43%,Commercial-Er ertanmen 23€1.207 2.05 2.114 -2.3%-21.41%-1.51% Camera+NcnEr rtanmer .2€1.51 220 2.10 2.0942 -443%-15.73%-1.55% eelcer:a 233 2.01 21€2.14 21544 -.53 -.57 -115% Aley z-±2.45 22 2.75 2.34 5.£0%-12.45%-1.44% Mam!Dade County {MDC •3%5 1.51 44 2.04 1.9925 -11.55£:7%-1.73% ~Not ircuJing aleys 3z 1.€1 133 2.0.1.954 -142%CC -1.75%B CommeriaiNcnErart3n men:.2C 3.00 2.25 2.41€-25J -1.06% RiClen:JaJ •51 1.£51 200 1.57 1.52€1 -525%-5.25 -229 Florida Department of Transportation (FDO •3 1.71 E5%2.02 1.&52 6.53%1543%-1.40% Mot ircudirg aleys us 1.52 32 2.0 1£537 13.52%4 44%-1.345 Commercla-rtrtanmrern "z 1.4944 Commeria!NcnErtertanm en 21€1.7 •1.72 1.&5£2 -4.04%-1.51%--1.27% Reeler.a!207 2.0 •91 2.32 2.07€21.4 557%-1.55 Sfllewal~a ~150 2.16 :5 7 2.43 2.4407•cry ora.57eh 255 222 246 2.13 2.3407 -1£32%-25.78%-145%B Commerclai-rertanmer:254 219 232 1.E5 2.2290 -224 -35.95,-1.53 CommerciaHNcnErtrtan men :7 £223 261 2.35 25075 r-5.41%d A.-2Z.05%,4 M -1.32 % R elder:al :32 2.25 .45 2.14 22925 ~-12.47%-15.55%-<=1.1 Mam!Dade Caunty {MDC]z70 1.25 239 2.37 233504 -123 -15.35 _L 5 1% Commer uaHNnErertanmenz 3 Cc 25€3.0 2.5€9 12.52,.__-.52% Feeler:al 40 1.55 212 1.75 2.0433 -1755%-37.55 -1.53% Florida Department ct Transportation (FDOT):57 2.35 237 2.6 2.€557 15.54°22 70%-C2%B Commerclai-Erartanmen:2 00 1.87 300 226€7 C3mmeriaiNnEreranmerz 27+243 30€2€1 2.7067 -143%-11.05£-1.32% Resler:al :00 2.91 25€3.00 2.59¢17.07°,31z -5 £% l Parks 22€1.55 20c 1.57 1.55E7 -21.15%-34.35%-1.57% A Park.ng 23€2.09 25€1.£5 22 474 -23.50%-25.32¥-1.55% y t When dealing with percentages instead of index scores,the following formulas are altered:D Subcategory Score %=x/n100HX=number of sub-factor scores with a yes N =number of assessments Overall Appearance Score=(x1 +x2 +x3+x4 )/4 The following table shows the percentage score of individual appearance locations.The Overall Score is determined by the following: 1 x x OOAASSSSSSIIII SSSSSSSSSS =II X =Sum of all individual location scores. N =amount of individual locations H FY171£ taego Puire at 3a 01 La go canoe i rhaneon tee ee en prier a pr Pf Or re m lase I mm$Qygrg1City scgrg 59..2 7442%52.52%Z55,£5.70%772%2:.37%44.z2% Streets E0.76%7531 65.08,€.21 7.245 z15%532 41,37 C MWam!5ean (CV5;59.92%7£7-5.37%71%%57.05%:s%115.33.35 Mtaml Dace Cur 4DC;70.23%3:35.55.33 €57 71,18%£.34%¥-1z.55 3:.42 Fi3rdls esrrent at Tran,or3on (FDOT}68.52%3;--+,73.41 6s51 763 -3.52 -1.21%-liJ •••. l G 5trze;s verai 57.52%72314 £5.11 55 3 55.39%z.27%1227%40.52%, ot rcludng alleys 51.44%--55 9.52 s73 €9.61 Z1%111%41.53 H lllllllllt.Cooim:rtlal-i:r.'.:rl3lr.ment 0.55 3214%7.51%7353 72.65%-2.95 %15.77%47.15, s.77 5.67%C.5€%€9.69 1¢:1177%4~,--C'Co/rmeuai-NorEr2rairrent 1.54 ««.a.t 2lent;222%70.32%€7.68 €5J7%65.45%-251£:.52%Z:52< Alys 43.%6%,55 10%47.06 :%J%15.51%.34 1:25%:372 I man»$Idewlse 52.25%55 11 54.16%,6z7 55.71%£.55%2.33.13°, CN C'Mami 5ean CM5y 54.25%5 37 5€.40 53255 €0.07 5%5 17:%37.61% Mam a Cuny MDC;5.52%77 7 54.55 5354 63.12 :5 2354 35.54 F3rdl3 er!Tent at Tran,on3ton FDOT,44.565 5-5€40.00 35.42 42.92 -4.55 5 -555%12.81% Side3l;Over3i 53.€3 65.J15 57.05 5 1 €1.22 1212,274 4:,81; Ccmrrcl3l-5rzrtsirrent 55.76 5E 57 4,71%,59.5 25.77 5573 £:.Cz% CO/rec/a!-Norr±rtairrent 45.55%65 3 43.70,5€21 5443 75°144%35.535, Fel3enta 58.19 E15 57.73%5C 573 537,314%1217%33.52% l Parks 1.54 357,.C 3.77%75.52%:7%3:E :z°¢--."£ "Parking 0.g1,7 93%56.98 7245 €5.33%15.50 2724 4:.03%. 21.Training The following are training slides on how each area should be assessed. The following index will be used to rate and provide a yes or no response for sidewalks. Sidewalk Index IIER ¢+!4 Smooth and even with no cracked or broken panels/bricks Curb damage free Painted areas fully covered (curbs) No graffiti or advertisements Sidewalk furniture excellent condition [benches [wood/concrete/steel) bike racks,water fountains, gate/latches, handrails,bollards) MIAMIBEACH The following index will be used to rate and provide a yes or no response tor roadways. Roadway lndex Asphalt Smooth No cracks, holes,or patches Pavement markings crisp and visible Crosswalk clearly identified Signage/poles/mast arms in excellent condition with no unused/unnecessary poles,etc. MIAMIBEACH The fo llo w ing ind ex w ill be used to ra te and pro vid e a yes or no respo nse for turf. Turf Index C ut and Trim Green N o W eeds N o overgrow th N o open holes or bar e batches MIAMIBEACH EE3EZANINDS] [Q.IVE S»ES The fo llo w ing ind ex w ill be used to rate and pro vi d e a yes or no respo nse tor pla nt be d s. Plant Beds Healthy appear ance I d Fully planted Fully mulched N o w eeds N o encroachment d d fnexanamage ree MIAMIBEACH 1570P« MIAMIBEACH ":",n-.--_:·-·'--:-•·-::--:-':"""-1 -·.,•'.'""."'."''.........;....-~,---·-·,-"'••"•···--..-~~·-··-:•--~~~:·~~,-r:O.,-,~t~;-••r-1_~~--.-.....r-----~--~✓fa ". NONOTMAINTAINED MIAMIBEACH -,a...- 1 MIAMIBEACH 22.Conclusion The Appearance Index program is utilized to communicate the status of the level of service regarding appearance in Miami Beach.The results,ranging from yes (very well maintained)to no (not maintained), provide an understanding of what criteria perform well and which do not.By analyzing the results,change can be made in areas in need of improvement so that the City of Miami Beach may provide better quality appearance.Quarterly data is shared with the commission via LTC with input from responsible department(s)regarding opportunities to improve performance. City of Miami Beach Irrigation System Technical Standards PART 1 GENERAL 1 .01 SCOPE OF WORK A.Provide all labor,materials,and equipment necessary to perform the complete scope of irrigation work as specified to insure the system is fully and properly operational. B.If irrigation plans are not included,provide complete irrigation plans and schedule,as part of scope of work,to a degree,detail,and inclusion that such plans will be accepted for all necessary permitting required completing the project per plans and as set forth in these specifications.This may or may not require providing details of equipment and/or their connections to comply with local codes. C.Facilitate the complete and proper construction of the landscape irrigation system including,but not limited to: All piping including but not limited to mains,laterals,fittings,sleeves,connections,tees,risers and clamps. All valves including control/shut-off,ball,globe,zone,pressure-reducing,quick coupling and including valve boxes,markers,connections,operators,fill,wire splice kits,detectable underground warning tape and other accessories. Complete automatic control system,including controllers,controller enclosure/slab/pedestal and mounting,programming,wired conduit runs,rain sensor device (if applicable),and control valve wiring connections. Complete electrical connection of the controller to service panel location. Connections of piping to the supply source utilizing a meter and installing a backflow prevention device and flow meter at the meter location as per local code. All excavation,site work,relocation or replacement of utilities,backfill and restoration of all disturbed areas and circumstances. Provide a complete and properly-operable system for the irrigation of all proposed landscape areas on the project site.These specifications are intended to include all items obviously necessary and requisite for the proper irrigation of the project.This in no way relieves the Contractor of his responsibility to furnish any additional labor,methods,materials and equipment required for a proper irrigation system as part of this scope of work. Adjust any system components to work with existing and proposed landscaping. Supply,deliver,store,and protect all equipment and materials,including pipe and fittings, valves,controllers,wire,and all other component parts necessary for the installation of a fully automatic irrigation system as indicated in these specifications. D.Complete sod,planting,pavement,and other restoration in all areas that are trenched or damaged during the installation of the irrigation system upon completion of the project. 1.02 DESCRIPTION OF SYSTEM A.This system will be designed as a typical block valve type using various components including,but not limited to sprinklers,rain sensor device,programmable electronic automatic controller,remote electronic valves,backflow prevention device,etc.The individual irrigation system shall be controlled by a new,most-recent model,Rain Bird@ ESP-LX Series electronic controller,depending on the size,limits,and conditions of the project,and as determined by the Public Works Department designee and or City project manager. B.The water source for this system shall be from an existing City potable water system.Contractor to coordinate with the Public Works Department for necessary requirements of new meter installation. Contractor shall be responsible for all fees to do the necessary work as required by the City, including labor,materials,permit,coordination,etc.,and shall consider these fees as part of their contract. 1.03 QUALITY ASSURANCE A.All relevant ANSI,AWWA,and ASTM Standards and Specifications shall apply,and all applicable building codes and approvals from other public agencies having jurisdiction upon the work. B.The Contractor shall be responsible for constructing the system in complete accordance with all local codes,ordinances and laws.The Contractor shall install all sprinkler heads according to the manufacturer's specifications with regard to installation depth,distance between heads,etc.unless otherwise directed in writing by the Public Works Department.Any modification made to conform to any codes,laws,ordinances and specifications shall be completed at the Contractor's expense with no additional compensation allowed. C.Protection of Existing Site Conditions and Materials:The Contractor shall take all necessary precautions to protect site conditions and materials to remain.Should damage occur,Contractor shall repair the damage to original condition or better at their expense. 1.The Contractor shall avoid trenching through the roots of any existing trees,and shall alert the City Urban Forester and Public Works Department designee before conducting any such activity that may damage tree root systems. D.Permits and Fees:Contractor shall be responsible for obtaining all permits and pay all required fees to any governmental agency having jurisdiction over the work.Inspections required by local ordinances during the course of construction shall be arranged as required.On completion of the work,satisfactory evidence shall be furnished to the Public Works Department showing that all work has been installed in accordance with all ordinances and code requirements. E.Contractor shall ensure full.100%overlap coverage (minimum head to head)in all areas to receive irrigation,and shall be responsible for adding additional heads,zones,components,or other equipment as required to achieve such coverage.To clarify,"head lo head"is defined as the farthest edge of the water throw trajectory of a single head extends to or overlaps the adjacent irrigation head(s). F.Rotor type heads are preferred for turf areas when such areas are large enough to accommodate rotors without overspray on to hard surfaces.Pop-up spray heads utilized in turf areas shall be minimum 6"pop-ups to effectively spray over grass between mowing service visits. G.Pop-up spray heads,spray heads on risers or Netafin micro-irrigation (approved in writing by the Public Works Department)to be used to irrigate landscape beds.Landscape beds (shall be irrigated by spray heads/Netafin only)zoned separately from turf areas (irrigated by rotors).At no time should there be both rotors and spray heads,or drip irrigation and spray heads on the same zone. Workmanship:All work shall be installed by skilled personnel,proficient in the trades required,in a neat,orderly,and responsible manner with recognized standards of workmanship.The Contractor should have installed at least five projects of similar magnitude and demonstrated ability in the installation of sprinkler irrigation systems of this type.Some manufacturers may require factory certification for construction/installation of their products.In such cases,Contractor shall verify before bidding/constructing the project and bid shall be inclusive of any and all direct or related costs. 1.04 SUBMITTALS A.Submit shop drawings to project manager and Public Works Department designee for all irrigation system equipment,indicating all details required for the proper construction including,but not limited to:controller(s),electronic valves,manual valves,flow meters,backflow preventer,rain sensor device,etc.Where appropriate,and when approved by the City,manufacturer's product data for the proposed components may be substituted for shop drawings. 1.05 SUBSTITUTIONS A.A written request for approval to substitute a material's type,grade,quality,etc. due to the non-availability of the material specified may be submitted to the project manager and the Public Works Department designee.Approval of the substitution must be given in writing by the project manager and the Public Works Department designee before the material is ordered, delivered,or installed on the project. 1.06 CHANGES AND ADDITIONAL WORK A.The Contractor shall not begin any changes or additional work pertaining to the project until the City and the Contractor have executed a written agreement setting forth the adjusted contract amount.Any work performed on any changes or additional work prior to the execution of a written agreement may not be compensated by the City. B.The Public Works Department reserves the right to adjust the number and location of sprinkler heads and other equipment in order to provide for any modifications which might become necessary. 1.07 GUARANTEE A.Conlraclor shall warranty the entire irrigation system against defects,poor workmanship, discrepancies,deficiencies,and malfunction for a minimum of one calendar year from the time of final acceptance.Warranty shall include,but not be limited to,all parts and components included in the system and its installation,and all labor-related items regarding the procurement, assembly,installation,and operation of the system including any and all of its components.An inspection,to be arranged and coordinated by the Contractor and to include the Contractor,the project manager,and Public Works Department designee,shall be made at the beginning and end of the guarantee period. 1.08 QUALITY AND GRADE OF REPLACEMENT A.All replacement material shall be equal to or better in regard to size,quality,quantity,and grade, as that of the material to be replaced,unless directed otherwise by the project manager and Public Works Department designee. B.Replacement components and labor shall be guaranteed for a period of one year.This guarantee period shall begin at time of acceptance of the replacement material and/or workmanship. C.Final payment to the Contractor shall in no way,either expressed or implied,relieve the Contractor of any guarantee obligations. 1.09 AS-BUILT DRAWINGS A.After final acceptance of project,Contractor shall furnish complete as-built drawings at the same size and scale as the original bid documents and an electronic .dwg file,that show the following: scaled drawings that show the locations of all valves and piping (with dimensions where required or necessary),horizontal or vertical dimensions measured from permanent/fixed objects (buildings,sidewalks,etc.)for the following that include,but are not limited to:feed pipe(s), mainline pipe(s),all lateral lines,controller location,remote control/ball/valves,quick coupler valves,backflow preventer,meter and point source connection,wiring/conduit,sleeves,wire splices,and sprinkler heads.The drawings shall also indicate and show any and all approved substitutions including size,material,and manufacturer's name and catalog number.All piping shall be labeled to show diameter sizes.Remote control valves and isolation valves shall have two (2)measurements from separate fixed objects so that triangulation of an exact coordinate for the valves may be calculated.Provide a minimum of two (2)hard copies and one digital copy (in Autodesk AutoCAD and Adobe PDF)of the as-built drawings to the CMB Greenspace Management Division for their records. 23.PART2 MATERIALS 2.01 PIPE A.PVC:As a minimum,provide Schedule 40 solvent weld unplasticized polyvinyl chloride pipe for all main and lateral lines unless otherwise specified.All pipes shall be new,unused,and free from defects and shall be continuously marked indicating size,schedule,type and Department of Commerce Standard Reference.Pipe shall be furnished in standard length of twenty (20)feet.All mainline and lateral pipe shall be manufactured from clean,virgin,NSF approved Type 1,Grade 1 PVC,conforming to ASTM design specifications D1785 and D2241.All piping placed inside sleeves shall be the same. B.GALVANIZED STEEL PIPE:Pipe installed above grade for the backflow prevention device shall be Schedule 40 galvanized steel (reference 2.12-Paint). C.PVC SLEEVES:Pipe used for sleeves routed under pavement,sidewalks,or other shall be polyvinyl chloride (PVC)Schedule 80 pipe unless noted otherwise. Size of all sleeves shall be able to easily accommodate specified irrigation line AND any necessary electrical conduit for electronic zone valves/other. D.THRUST BLOCKS:Thrust Blocks shall be installed for any main line 3"or greater in diameter. Thrust blocks must be formed against a solid,hand excavated trench wall undamaged by mechanical equipment.They shall be constructed of concrete,and the space between the pipe and trench shall be filled to the height of the outside diameter of the pipe.They shall occur at any change in direction of the mainline pipe that is 45 degrees or greater.The minimum thrust block size shall be 2 cu.ft.The thrust blocks shall also use strapping or rebar to anchor the fitting.In no instance shall the fitting be covered more than 50%so access for maintenance will not be impeded.The City Public Works Department representative shall be notified of installation at least 48 hours prior to placement and will be present while pouring to inspect the thrust blocks. 2.02 PIPE FITTINGS A.All mainline pipe fittings shall be a minimum of Schedule 40 PVC.Make all taps on irrigation mains or branch mains with 'T'or 'Y'fittings.Provide non-threaded type joints of socket type,designed for solvent-cement type application.Prior to the connection of any joint with PVC glue,treat all fittings and pipes with a high etch (purple)PVC primer.A medium body PVC rated cement shall be used to bond each section of the PVC pipe and its fittings.Use only cleaner and solvent compatible with the PVC pipe used.Upon completion of the glue joints,keep irrigation system out of service for the period of time specified by the glue manufacturer.Make screw joints with an acceptable screw joint pipe joint compound.Where adapters are used between threaded and slipped pipes or valves,they shall be only female PVC threaded to socket coupling adapters.No male threaded PVC fittings are to be used,with the exception of street 'el's and 'funny pipe'riser adapter. B.Galvanized steel pipe shall have threaded standard,150 pound galvanized malleable fittings. C.All sprinkler heads shall be connected to the supply line via adapters with "'Funny Pipe',or other Public Works Department approved flexible hose,unless the intended location falls within a high traffic area or unless indicated otherwise in the Drawings or Specifications.All high traffic or anticipated high traffic areas shall utilize swing-type joints to connect heads within the area of high traffic. 2.03 PRIMER A.Primer shall be a high etch purple primer manufactured for PVC use and intended to produce a solvent weld.The primer must be color-tinted to aid in visual inspection and verification. 2.04 GLUE A.Glue shall be slow drying,heavy-duty gray or blue PVC glue.Transparent glue will not be accepted. 2.05 SPRINKLER HEADS A.Pop-up Spray Heads:The sprinklers shall be 1800 PRS series as manufactured by Rain Bird Sprinkler Mfg.Corp.,Glendora,California,unless otherwise specified. The sprinkler shall be of the fixed spray type designed for in-ground installation,unless otherwise noted.The sprinkler shall be capable of covering the head to head radii at a minimum 30 P.S.I. The nozzle shall be comprised of one (1)or more orifices at two (2)radius ranges and shall be adjustable from "On"to full "Off'.The nozzle shall elevate 3 to 6 inches when in operation. Retraction shall be achieved by a heavy duty stainless steel spring.The nozzle piston shall have a smooth external surface operation in a resilient guide.A riser wiper shall be included in the sprinkler for continuous operation under the presence of sand and other foreign material. The spray head body shall be a PRS series,with a pressure regulator built into the stem. Coverage shall be either full or part circle.The part circle coverage shall be available in arcs of 45,90,120,180,240,and 270 degrees or adjustable part circle.Also included shall be special patterns including an end strip,side,and center strip nozzle configuration.Nozzle delivery shall be such as to allow partial circle patterns to match full circle patterns in precipitation rates. The body of the sprinkler shall be constructed of non-corrosive,ultraviolet resistant heavy- duty plastic.A filter screen shall be in the sprinkler body.All sprinkler parts shall be removable through the top of the unit by removal of a threaded cap. All sprinkler heads shall be connected to the supply line via adapters with½"'Funny Pipe', or other approved flexible hose,unless indicated otherwise in the Drawings or these Specifications. B.Pop-Up Rotary Heads:The rotary heads shall be Falcon®6504,5500 or 5000 Series as manufactured by Rain Bird Sprinkler Mfg.Corp.,Glendora,California,unless otherwise specified. The full or part circle sprinklers shall be a single stream,water lubricated,gear driven type capable of covering the specified radius in Drawings at a base pressure of 50 psi.Part circle sprinklers shall have adjustable arc coverage of 40 to 360 degrees.Arc adjustment can be performed with or without the rotor in operation and shall require only a flat blade (standard} screwdriver.The sprinkler shall be capable of full-circle operation in either the single direction or the bi-directional mode. The sprinkler shall have a rotating nozzle turret independent of the riser stem.The portion of the riser stem that is in contact with the wiper seal shall be non-rotating. The sprinkler shall have a pressure activated,multi-function,soft elastomeric wiper seal that will clean debris from the pop-up stem as it retracts.This wiper seal shall prevent sprinkler from sticking in the up position,and be capable of sealing the sprinkler riser stem to the sprinkler cap under normal operating pressures.The sprinkler shall have a tapered riser stem that will assist in the flushing mode of the sprinkler as it pops up,as well as when it retracts down.The tapered stem shall seal positively against the multifunction wiper seal to assure no flow-by when fully activated. The sprinkler shall have a strong stainless steel retract spring for positive pop-down. The rotor shall have a stainless steel covered nozzle turret and riser stem.The riser stem shall be tapered and conform to the standard plastic stem in all other ways. The sprinkler shall have a screen attached to the drive housing to filter inlet water,protect the drive from clogging and simplify its removal for cleaning and flushing of the system. C.Rainbird MPR 5 Series Bubbler Nozzles:The sprinklers shall be manufactured by Rain Bird Sprinkler Mfg.Corp.,Glendora,California,unless otherwise specified. The nozzles shall have precipitation rates matched across sets and across patterns. The nozzle shall be capable of covering the specified radius at a minimum pressure of 15 p.s.i.at the specified discharge rate. The plastic MPR nozzle shall be constructed of UV resistant plastic.The radius adjustment screw shall be constructed of stainless steel. The nozzle shall accept the non-clogging 1800 Series filter screens to allow for radius adjustment and the MPR Plastic Nozzles shall also accept the pressure compensating screens (PCS Series). The nozzle shall be installed in the appropriate irrigation casing as per the manufacturer's recommendation. 2.06 IRRIGATION CONTROL WIRE A.All irrigation control wire from the controller to the electric valve shall be UL approved PE irrigation control wire single conductor insulated,utilizing low density high molecular weight polyethylene insulation suitable for operating at 600 volts and conductor temperatures up to 60 degrees Celsius.The conductor shall be soft drawn,bare copper meeting the requirements of ASTM Specification B-3 or B-8.Temperature rating shall be from -55 degrees to +60 degrees C. Insulation thickness for conductor size is 14 AWG through 8 AWG minimum.AWG size for wire shall be in accordance with the manufacturer's specifications based upon a relationship between the number of valves and their distance from the controller. 2.07 WIRE CONNECTORS A.All splices in irrigation control wire shall use Rainbird ST-03 UL Snap-Tite connectors and PT-S5 sealer or 3M OBY Direct Bury Splice Kit,or approved equal.All splices shall occur within approved boxes (reference 2.13-Valve Boxes). 2.08 CONDUIT A.Conduit for irrigation wire shall be gray PVC,UL approved.Size as required by code and as set forth in these specifications.Conduit shall be used for all irrigation wire runs. B.Conduit runs shall be assembled to be 100%waterproof and fully protect wire inside from natural elements and corrosive processes. 2.09 RISERS A.Pipe shall be ½-inch PVC Schedule 40 or Schedule 80.Risers are to be utilized in shrub massings when conventional pop-up spray heads would provide inadequate coverage (shrub heights of 18" or greater).Risers shall be secured to #4 steel bar,minimum with stainless steel hose clamps and shall be sized accordingly to the mature size or intended maintained size of the plant material it is scheduled to water. B.Risers shall utilize spray nozzles connected to male threaded fittings.The nozzles shall deliver the appropriate spray radius to provide 100%coverage to the intended area while reducing overspray to non-irrigated areas. 2.10 CONTROL VALVES A.Automatic Control (Electronic)Valves: Master Control Valves:All irrigation systems are to include a controller activated master control valve.Valves are to be sized to accommodate maximum flows allowable through the designated water meters for individual systems. Zone Valves:Shall be Rainbird PESB or Public Works Department approved substitute.Each system zone shall contain an electrically activated remote control valve (size as required to maintain minimum friction loss)that shall be constructed with stainless steel trim and close normally with manual bleed plug and manual control (cross handle on 1-1/2"and 2"models; screwdriver adjustment on 1"model)or equal.Solenoid shall be 3.5 watt,24 volt AC with tamper proof molded coil and twisting wire.Diaphragm shall be of rubber material.Tir-Act solenoid porting shall prevent a continuous flow of water through the ports during operation. Inlet port to solenoid shall be filtered with self-flushing stainless steel screen,removable from outside of valve body for maintenance.All parts shall be serviceable without removing valve from the line.Valve shall have no external plumbing or tubing that can be installed at any angle without affecting valve operation. B.Manual Ball Valves: Manual ball valves shall be installed before each automatic control valve in the system.Ball valves 4"and smaller shall be brass-type ball (globe)valves,sized to accommodate meter flow rates.Valves are to have quick disconnect union ends for maintenance/modification of piping system.They shall be installed in a valve box with cover,and,if conditions permit,may be installed in the same valve box as automatic control valves. C.Quick Coupling Valves: Shall be Rainbird 5RC Series or Public Works Department approved equal. The quick coupling valve shall be a one piece type capable of having a discharge rate of up to 70 gallons per minute (GPM)with a pressure loss not to exceed 14.0 pounds per square inch (PSI). The valve body shall be constructed of heavy cast brass.The cover shall be durable and self- closing.When so specified,the 5RC cover shall be a locking rubber cover {LRC). The valve shall be opened and closed by a brass key from the same manufacturer. 2.11 BACKFLOW PREVENTION DEVICE A.Backflow prevention device shall be as per City of Miami Beach Code.All connecting pipes installed above grade to be Schedule 40 galvanized steel and painted dark green (reference 2.12-Paint).Backflow Preventer shall be approved by the project irrigation consultant before order and installation. 2.12 PAINT A.Paint for risers,rebar,and visible pipe shall be dark green,outdoor-rated weatherproof.Color sample shall be submitted to City Project Manager and or the Public Works Department representative for approval.All parts to be painted should receive the number of coats necessary to completely mask underlying,original colors/materials.Only apply paint as per manufacturer's instructions. 2.13 VALVE BOXES A.All valve boxes,where they occur in light or infrequently traversed areas,shall be fiberglass type manufactured by Amtek or approved equal,and manufactured for the primary purpose of an in- ground irrigation box,and sized accordingly. B.Valves shall not be placed in the path of areas that receive motorized traffic.Should it become necessary to place a valve box in more frequently traversed areas,such as areas that may receive high pedestrian volumes or the possibility of incidental maintenance vehicles,use a traffic-rated, pre-cast concrete box with a securable (bolted),galvanized iron lid.Box shall have a min.H-10 traffic loading value. C.All valve boxes shall be placed on a min.6"bed of pea gravel.Contractor to insure proper percolation of water and make adjustments where necessary.No standing or ponding water shall occur inside the valve box. 2.14 CONTROL SYSTEM A.The control system shall be a new,most recent production controlled by a new,most-recent model, Rain Bird®ESP-LX Series electronic controller,unless an equal is approved in writing by the Public Works Department representative.Controller shall have a minimum of two (2)spare stations for future expandability. B.Contractor shall provide the controller with a 110 volt A.C.electrical supply.The controller unit shall have input and output surge protection consisting of a GFI circuit breaker built into the controller enclosure on the input side,and a separate transformer with one relay output module for each zone on the output side. C.The controller shall be encased in a securable,wall or rack mounted waterproof encasement unless specified otherwise. D.Irrigation field wires shall not be brought directly into the controller enclosure.A "tray cable"UL□ listed for Direct Burial and Sunlight Resistant shall be connected to the controller output terminals and placed inside a valve box just outside the enclosure.These wires shall each be a "16 AG, THWN,stranded.Each wire shall be printed on its full length with a number,and color coded. Field wires shall be connected to these wires inside the splice box utilizing approved waterproof connectors. E.Unit shall be grounded as per the manufacturer's specifications. F.If electrical supply is not available and with the prior written consent of the Public Works Department an lrritrol Systems IBOC Plus solar irrigation controller may be used.Battery operated On-valve type controllers are not acceptable for use. G.Accessories: Flow Meters:All flow meters shall be interchangeable types as manufactured by Bermad,Inc. or approved equal.One flow meter with pulse indicator and a master valve feature shall be installed at each connection or tap (meter locations)into the existing water line source.Flow meters shall be installed in a valve box or,when applicable a pump station,with 6"of pea gravel aggregate underneath to promote drainage.Flow meters shall be wired to the controller. The Bermad flow meters must be sized correctly to work accurately.Use the following flow rate I meter combinations: Up to 65 gpm -1 ½"size Up to 100 gpm -2"size Detectable Underground Warning Tape:Caution Buried Irrigation Line Below -2"W shall be installed 6"above main lines and lateral lines Back-up Power Supplies:Each field unit shall each have a nickel-cadmium battery backup system in case of power loss or failure.The battery shall be nickel-cadmium 9-volt capacity and manufactured by Varta,Duracell or equal. Training and Manuals -Contractor shall supply the original factory copy of controller operation/owner's manual.Contractor shall register product with manufacturer and provide a copy of completed warranty card/sheet/information to the Public Works Department representative. 2.15 BACKFILL SOIL A.Backfill material shall be clean fill,and completely free from any rock or other material which,if it came into contact with,could damage the pipe.If material from excavation is not acceptable, then imported clean sand must be used.No rock or concrete/asphalt debris will be permitted in contact with the PVC pipe. 2.16 RAIN SENSOR A.The rain sensor shall employ an electromechanical actuating device designed to cause a circuit interrupt that temporarily disables the irrigation controller during periods of significant rainfall. B.The rain sensor shall be connected to the system controller to properly function and achieve its intended purpose.The device shall automatically restore the controller to a normal operating condition after a period of time subsequent to the rainfall.The device shall be suitable to be wired -normally closed (N.C.)-in series with the valve common;and,shall include a short-lead to allow wiring normally open (N.O.)when necessary. C.The device shall be of rugged construction to withstand the elements,including exposure to sunlight (U.V.) D.The rain sensor shall incorporate a provision that allows the installer to select from several rainfall settings. E.The device shall include a vent ring to help control drying time of the mechanical components. F.Rain sensor shall be securely mounted to a tangible structure,out of human reach,and clear of any overhead obstructions that may negatively impact performance.When possible,location should minimize view by the general public.Contractor to coordinate location with project Landscape Architect. BOOSTER PUMP STATION (IF APPLICABLE)-RESERVED PART3 3.01 GRADES EXECUTION A.It shall be the responsibility of the Contractor to provide the compacting and final grading so the final level conforms to surrounding grades and is at the proper elevation with relation to walks, paving,drainage structures and other site conditions,and as identified in the general notes and specifications section of the planting plan or as directed by the Public Works Department.Depth of irrigation system components shall be measured from the FINAL grade. 3.02 PREPARATION A.Layout of Mains and Laterals:Layout sprinkler main lines and perform line adjustments and site modification to lateral lines prior to excavation.Any conflicts shall be brought to the immediate attention of the project irrigation consultant or the Parks and Recreation Department for coordination of solution. B.Valve Location:Locate valves to assure ease of access for maintenance and that no physical interference with other elements of the project exists.Align valves parallel to each other in manifold systems. C.Furnish temporary support/adequate protection and maintenance from all underground and surface utilities,structures,drains,sewers,and other obstructions encountered in the progress of the utilities work. D.Where the grade or alignment of proposed pipe is obstructed by existing utility structures such as conduit,ducts,and pipe branch connections to sewer mains,main drains,water services,electrical lines,or other utilities,the Contractor shall notify the project manager and Public Works Department representative immediately to coordinate a solution. 3.03 PIPE INSTALLATION A.The Contractor shall stake out the location of each run of pipe/valves prior to trenching. B.Excavation shall include all materials encountered in the excavation of trenches for pipe installation. The trench shall be of sufficient width and depth for installation of the pipe as indicated herein.The Contractor shall cause minimum disturbance to all existing conditions. C.Any pavement cut must have the prior consent of the City of Miami Beach.All irrigation lines and wire routed under pavement and sidewalks shall be sleeved inside polyvinyl chloride (PVC) Schedule 80 pipe unless noted otherwise on the plans or in these specifications.Size of all sleeves shall be able to accommodate proposed irrigation line and any necessary electrical conduit with at least ½"excess free space. D.Contractor shall abandon any old irrigation components found below grade during the installation of the new irrigation system except those that are to remain in operation or as directed by the project manager and the Public Works Department representative.The Contractor shall remove and dispose of the unused,abandoned irrigation components,and properly cap all lines that are still connected to a water source.Contractor shall properly cap any old irrigation system mains and branch mains as encountered at limit of construction line/scope of work where complete removal would extend outside of the limit of construction line/scope of work,except those scheduled for use with the new system. E.Trenches shall be made wide enough to allow a minimum of 6 inches between parallel pipe lines. No lines shall be installed directly over another.Trenches for pipelines shall be made of sufficient depths to provide the minimum cover from finish grade.All main line pipes shall have a minimum cover from finish grade as per City of Miami Beach Code. F.The pipe and fittings shall be carefully inspected before installation of the trench.All rocks and unsuitable bearing materials shall be removed from trench in strict accordance with the manufacturer's recommendations. Solvent welded joints shall be made only on clean,dry,square cut,smooth pipe sections. Fittings shall be "dry"tested for proper size before primer is applied.The assembly shall proceed in strict accordance with recommended procedures furnished by the manufacturer. Once primer and glue are applied and fittings are connected tight,turn pipe or coupling ¼turn to set.Hold joint fitting and/or components tightly together for a minimum of 30 seconds or as suggested by the glue manufacturer,whichever is greater,to allow for setting. Solvent welded pipe sections shall be "snaked"from side to side in the trench to prevent joint rupture due to thermal expansion and contraction. Pipe openings shall be temporarily plugged during construction to prevent entrance of foreign materials. G.Backfill shall be carefully placed to avoid pipe dislocation.Backfill material shall be free of rocks, stumps,roots and other unsuitable material.Backfill shall be placed in 6"lifts and shall be thoroughly compacted.Any backfill under pavement or sidewalks shall be compacted to 98%of maximum AASHTO T 180 density.The soil surface of backfilled trenches shall be manually settled so it is even with the surrounding soil surface grade. 3.04 SPRINKLER HEADS A.Irrigation heads shall be installed per manufacturer's specifications and as provided in these technical specifications. B.Provide minimum 2"ring of /"-5/8"diameter lightly compacted gravel around outside casing of irrigation heads to allow for proper drainage. C.All at-grade heads are to be connected to the supply line using "funny pipe,or approved equal flexible pipe,and adapters,unless otherwise specified or installation is to occur in an anticipated high traffic area,in which case PVC swing joints are to be used.Allow enough slack in the funny pipe to allow for proper horizontal adjustment of the heads after installation. D.Risers extensions are to be utilized in shrub massings when conventional pop-up spray heads would provide inadequate coverage (shrub heights of 18"or greater).Risers shall be secured to Rebar (#4)with stainless steel hose clamps.Rebar to be secured into the ground to a depth that will not allow for willing movement.Risers in shrub massings shall be a minimum of 12"from the edge of the planter bed.All risers and rebar shall be painted with a dark green color,weatherproof outdoor paint (reference 2.13-Paint).Apply number of coats necessary to completely mask any original colors underneath. 3.05 CONTROL SYSTEM NOTE -ALL WIRE SHALL BE INSTALLED IN UL APPROVED GRAY PVC CONDUIT,except under the following conditions: 1.When the conduit is directly exposed to ultraviolet light,then that exposed portion shall be rigid, threaded,heavy walled galvanized pipe. 2.When the use of PVC conduit is restricted by local,state or federal code,then the wire shall be installed in the type of conduit required by code.NO DIRECT BURIAL WIRE INSTALLATIONS SHALL BE ALLOWED.ALL SPLICES SHALL BE TWISTED AND FULLY INSULATED FROM MOISTURE,SHALL ONLY OCCUR IN VALVE BOXES,AND ARE TO ULTIMATELY BE RECORDED IN THE AS-BUILT DRAWINGS. A.Contractor to install Control System including Pump System (if applicable),and all associated components,in strict accordance with the Manufacturer's Specifications and Instructions,and the Specifications contained herein. B.Accessories: Rain Sensor Device:The Rain Sensor shall be installed in a location that is free from overhead obstructions that may cause improper performance of the unit.It shall be installed in a location that is out of range of the sprinklers and away from trees or overhanging objects which might affect accumulation of rain in the rain cup.Install as recommended by the manufacturers' specifications.Furthermore,where possible,Rain Sensor shall be installed in an inconspicuous location,away from the direct visibility of passersby,and out of reach of the general public.Coordinate exact location and installation of rain switch with project Landscape Architect. Backup Power Supplies:The back-up power supply for the Controller shall be installed at the same location as the Controller itself.Install as per manufacturer's specifications and specifications. C.Training and Manuals:The Contractor,through the manufacturer,shall: Provide technical and general information sheets and Operating Manuals for all equipment. All manuals,technical information sheets and general information sheets shall be in duplicate and separately bound. 3.06 CONTROL WIRE INSTALLATION A.Install control wires in UL approved PVC conduit below final grade,depth per City Code or a minimum of 18",and lay to the side of the main line.Provide a minimum 24 in.of tightly rolled looped wire slack at valves. B.All underground splices shall be made at electric valves in valve boxes.Splices shall utilize Rain bird ST-03 UL Snap-Tite connectors and PT-S5 Sealer or 3M OBY direct burial splice kit.Splices should be designed into the system and minimize additional splices in the field.Show all splices locations on the as-built drawings. 3.07 AUTOMATIC VALVES A.All automatic valves shall be installed in a rectangular valve box (reference 2.13)and shall be arranged for easy adjustment and removal.A union shall be installed on the downstream side.The flow adjustment feature of each valve shall be utilized to balance operating pressures throughout the system. B.Master Control Valves shall be located downstream from the backflow preventer in a valve box. The exact location is to be approved by the project manager and the Public Works Department representative. A valve actuator shall be installed on each valve.Follow manufacturer recommendations for installation instructions. 3.08 BALL VALVES A.Ball valves shall be installed at all paved crossings and before all automatic valves,in accordance with local codes,and arranged in valve box for easy adjustment and operation. 3.09 BACKFLOW PREVENTION DEVICE A.Contractor to install as per plans and field-adjust as necessary,per project irrigation consultant's approval.All pipes installed above grade to be Schedule 40 galvanized steel and painted dark green. 3.10 VALVE BOXES A.Valve boxes shall be installed so that top is flush with surrounding final grade and shall be set on a minimum of six inches of pea gravel,and as per manufacturer's recommendations.Contractor shall insure proper percolation of water to subsurface. 3.11 TESTING AND INSPECTION A.The Contractor shall notify the project manager and the Public Works Department representative a minimum 72 hours in advance of testing,and shall coordinate as required. B.Cleaning and pressure testing:Flush irrigation system with water to clear lines of foreign materials after system assembly is complete and prior to installation of the control valves.Cap and/or plug outlets and fill lines with water.Upon completion of the irrigation main and prior to the installation of any control valves,test the entire main line for proper construction.After completion of the flushing operation,test the main lines with 100 psi hydrostatic pressure for a minimum of 1 hour. No pressure loss shall be allowed over the duration of the test.Remove and/or replace any item or component of the system which does not comply with the test and test the entire system again until satisfactory test results are obtained.All testing shall be done in the presence of the project irrigation consultant and the Public Works Department designee.All joints,tees,elbows,caps and connections shall be left exposed during this test.Main line sections of solid unbroken pipe should be buried at intervals adequate to secure stabilization of pipe runs when pressurized.If necessary, repair any leaks and retest entire assembly until achieving satisfactory result.Install sprinkler heads only after approval of test results by the project irrigation consultant and the Public Works Department. C.Final inspection shall be made when the complete system is in place,operable,and all repairs, additions,adjustments,and other work is complete.At such time,the Contractor shall adequately demonstrate the proper operation of the system,shall show the system's complete conformance with the specifications,and demonstrate that the irrigation system gives proper and adequate coverage of all landscaped areas.Final test should include two-minute timed intervals of water flow per zone,allowing a one-minute down time between each zone test. Acceptance by the project consultant and/or the City of Miami Beach in no way removes the Contractor of his responsibility to make further repairs,corrections and adjustments to eliminate any deficiencies which may later be discovered.Moreover,the Contractor shall fully honor the one-year warranty outlined herein. 3.11 RESTORATION OF EXISTING CONDITIONS A.Contractor shall coordinate irrigation system installation,and any components thereof,with other project work to avoid disturbance of new work such as turf,planting beds,paved areas,etc. Contractor shall be responsible for and shall bear all costs of any replacement,repair,or restoration to existing conditions,new or otherwise,as a result of irrigation system installation before the time of Final Acceptance.This shall include any and all irrigation work,initial or as a result of re-installation of unacceptable components,done prior to Final Acceptance of the system.Repairs shall include like materials and conditions,equal to those being replaced or repaired,and to the satisfaction of the Public Works Department.No system shall be accepted as final until restoration is properly achieved. Fertilizer,Herbicide,and Pesticide Application Specifications As Contained Within:1TB 2020-042-AY Grounds Maintenance for Right-Of-Way,Parking Facilities, Lincoln Road Mall,Lot Clearance and Coastal Areas 5.1(c)FERTILIZATION SERVICES SPECIFICATIONS Contractor shall provide an estimated three (3)fertilizations (material and labor cost)of all turf areas, shrubs/hedges,and palms found within contracted sites in the "Service Months"of February,April,and November. The Contractor Shall not fertilize anywhere in the City between May 15 and November 1 without prior written authorization from the City for a specific plant health reason. All fertilization applications shall conform to standards set in the Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries and comply with City of Miami Beach Ordinance No.2021-4392.Contractor and their applicator(s)must have their FDACS Limited Certification for Urban Landscape Commercial Fertilization card with them at all times when applying any fertilizer in the City of Miami Beach. All fertilization formulations shall be approved in writing by the City prior to service.Any product substitution must be approved by the City prior to application at an acceptable recommended application rate and must be at least a 65%slow release,controlled release,time release,slowly available,or water- insoluble product per guaranteed analysis label. All turf fertilizers shall not have nitrogen or phosphorus,have at least 20%potassium,and have numerous micronutrients within their formulations.The application rate shall be 1 pound of K (potassium) per 1,000 square feet.All shrub,hedge,and palm fertilizer shall have at least 8%. nitrogen,0%phosphorous,at least 12%potassium,and at least 1%magnesium,sulfur,manganese,and iron.Additional micronutrients are preferred but not required.Shrub,hedge,and palm fertilizers shall be applied at 1.5 pounds of product per 100 square feet. 2.0 CONTRACTOR REPORTING REQUIREMENTS,FINAL MONTHLY MAINTENANCE SERVICE REPORTS AND PESTICIDE APPLICATIONS 2.9(a)MONTHLY MAINTENANCE SERVICE REPORTS FOR INVOICING-The Contractor shall submit to the Greens pace Management Division Director or Designee a final monthly maintenance report of their performance for the preceding month,under terms of the Contract,for invoicing purposes.These reports shall be no later than the fifth (5)day of each month following the month in which services were performed.Failure to do so shall result in delay of payment until this requirement is fulfilled.All service records will be completed in a format which is to be approved by the City. 2.9(b)PESTICIDE APPLICATIONS-The Contractor shall notify City staff in writing of any pesticide applications performed under this Contract within 48 hours of said application.The written report shall at a minimum include the following:name of pest,which is expected to be controlled,common name of chemical,scientific name of chemical,date,time,name of applicator,amount of chemical used,and the application method used. 3.4 PESTICIDE APPLICATION STANDARDS AND REGULATIONS 3.6(a)The Contractor shall maintain a Commercial Pest Control License with a Lawn and Ornamental category throughout the entire contract period.If the Contractor loses or changes the Certified Pest Control Operator under this license,the City must be notified within 24 hours. 3.6(b)The City shall monitor the Contractor to ensure that all Federal and State license rules and regulations are followed.There will be special emphasis on Contractor's employees having their proper personal protective equipment on when applying chemicals. 3.6(c)Current City policy bans the use of Roundup or any other glyphosate formulation. 3.6(d)The Contractor shall submit a list of all chemical herbicides and pesticides including label and SDS sheets specified under the specific EPA registration number proposed for use under this Contract for approval by the Greenspace Management Division Director or designee.No chemical herbicide or pesticide shall be applied until use is approved,in writing,by the appropriate City authority as appropriate for the purpose and area proposed. 3.6(e)No materials or chemicals are to be stored by the vendor on any City site.No empty pesticide containers and excess pesticides are to be discarded by the vendor on City sites or facilities. 3.6(f)The Contractor shall apply all components of Integrated Pest Management (1PM)as the methodology for all pest and disease control measures.The City requires the Contractor to exhaust all non-chemical methods of pest control before chemical applications are considered and the least hazardous chemical for an effective job will be used when required. 1PM shall be defined by the following: INTEGRATED PEST MANAGEMENT:An Integrated Pest Management (1PM)approach shall be used when administering pesticides.An 1PM approach seeks to use the least intensive option for pest control and requires proper application to reduce impacts to the environment and human health,including reducing the use of Restricted Use Pesticides.1PM promotes sustainable pest management methods that minimize health,environmental and economic risks. Proper design techniques shall be used that promote healthy plants and thereby reducing need for remedial actions.The aim of the 1PM Program is to suppress pests and undesirable vegetation with minimum impact on human health,the environment,and non-target organisms.The success of the Program depends on not a single chemical approach or strategy;but a decision-making process that involves a combination of practices to control problems including cultural,biological,mechanical,and chemical tactics.Economic feasibility of a potential control method can factor into the decision-making protocol. The City's sites will be periodically inspected for the presence of pests and preventive measures will be taken to avoid pests.If any pests are detected,integrated (nonchemical)methods will be implemented as the first control step,including mechanical means. The vendor shall follow the 1PM protocol guidelines as follows: IDENTIFICATION and SCOUTING -Identify the type of pest or undesirable vegetation problem by scouting and inspection. MONITORING -Determine the extent of injury or problem levels (set thresholds);Use visual inspection or monitoring devices. ANALYSIS -Based on findings in a.orb.,determine best response from the following options:1)take no action,2)continue monitoring or collect more data,or 3)act to address pest. REVIEW CONTROL OPTIONS -Review available cultural,mechanical,biological,as well as chemical control options.It is understood that biological control methods are very limited to City employees and contractors and are generally established by state and federal agencies due to potential undesirable consequences in neighboring areas.Biological control methods may include maintaining beneficial insect populations. SELECT CONTROL TACTICS -Select the most environmentally sound and economically viable treatment strategies to suppress the pest problem.Least toxic methods must be used before more toxic ones.Any Restricted Use Pesticides with the signal word "Warning"or "Danger"requires approval from City staff with proven knowledge of pest control through the State of Florida licensing.All components of the 1PM protocol must be presented to the appropriate City official at the time of the request to use a pesticide with a "Warning"or "Danger"signal word on the pesticide label. EVALUATE RESULTS -After implementation of control measures,evaluate to determine if action taken has been effective in pest reduction and is cost effective. RECORD KEEPING -Record all pesticides used,rates used,application dates,amounts applied,sites of application,and results.Labels and Material Safety Data Sheets (MSDS)sheets must be available and maintained at all times with the applicator and in all facilities where materials are stored. Chemical pest control shall be applied when other 1PM strategies have been found ineffective,not economically feasible,and pests are at undesirable populations. 3.6(g)Any City contractor improperly handling pesticides or handling pesticides without the proper licensing witnessed by City staff shall be reported to the Procurement Department for potential contract suspension or revocation and such improper handling shall also be reported to the appropriate State agencies assigned to monitor pesticide usage.This requirement protects the environment and people from improper pesticide usage. EXHIBIT "E" STANDARD CITY --FORM USE AGREEMENTS LICENSE AGREEMENT MIAMI BEACH CONVENTION CENTER THIS LICENSE AGREEMENT (the 'Agreement )is made and entered into this 1'day ot 20 by and betveen Global Spectrum,LP.d/b/a OVG360 Venue Management Licensor),as agent on behalf of Cty of Miami Beach (the 'Owner)having an office at 1901 Convention Center Drive Miami Beach,FL 33139 and "Client (Licensee)having an address at'+·+··+> WHEREAS the Owner owns the Miami Beach Convention Center (the Center),located in Miami Beach,Florida and has engaged Licensor to manage and operate the Center on the Owner s behalf and WHEREAS Licensor is authorized to enter into contracts on behalf of the Owner for use of space within the Center,Licensee desires to license space within the Center.and Licensor agrees to license such space,under and subject to the terms and conditions set forth herein INTENDING TO BE LEGALLY BOUND,IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED HEREIN,THE PARTIES HERETO AGREE AS FOLLOWS: Specific Terms of License. Portion of Facility License Period Days of the Usage License Fee (Premises)Week A EVENT DESCRIPTION "Event Name "Event Description EXPECTED ATTENDANCE:.••attendees B.DEPOSIT: Florida State Rental Tax TOTAL RENT Amount Date Due $ $ $ A.Licensee will need to remit (1)copy (original or PDF)of the unmodified/unaltered signed license agreement,along with the initial license fee deposit ot s on [date];deposit #2 on [date];deposit #3 in the amount of $on [date]. B.SPECIAL COND!TIONS: Discounted rental rates listed above are in conjunction with a $_food and beverage minimum (excluding tax/service fees)If the F&B minimum is not met,the Licensor (MBCC)will require any shortfall be charged as room rental Please note additional needs such as food and beverage labor,parking,equipment internet,and audio-visual il be additional charges plus tax and service fees. C.Other Services. All equipment,building services and labor required for the event will be billed at prevailing rates per the Event Planning Guide and is payable (10)days prior to the event Please note additional needs such as food and beverage labor parking.internet and audio-visual will be additional charges plus tax and service fees D Equipment Meeting rooms used for non-exhibit functions include a complimentary one-time set of tables.chairs,riser podium (inventory permitting)Any changes,re-sets or additional equipment will be charged at the prevailing rates per the Event Planning Guide All additional charges for equipment and building services incurred during the event will be payable at settlement for the event. THE ABOVE TERMS ARE SUBJECT IN All RESPECTS TO THE GENERAL TERMS ANO CONDITIONS ATTACHED HERETO,WHICH ARE INCORPORATED HEREIN ANO MADE AN INTEGRAL PART OF THIS AGREEMENT. IN WITNESS WHEREOF,the undersigned have duly executed this Agreement by their authorized representatives on the date set forth belov Licensor GLOBAL SPECTRUM,L.P., D/B/A OVG36O VENUE MANAGEMENT As Agent By Name:Freddie Peterson Title General Manager Date licensee: ·Company By. Name: Title: Date: II.GENERAL TERMS AND CONDITIONS 1 GrantofLcensePremises Subject to the terms and conditions herein set forth Licensor hereby grants to Licensee the nght and license to use the rooms'space described in Section l.located wthin the Center (the 'Premises')tor the limited purpose of ho;ding the event described in Section I tte Event),snd not for any other purpose Licensee shal not have sccess rghts or privileges in or tc sny other psrt ofthe Center besides the Preses except for the privilege ofingress snd egress through the public corridors in the Center.on s nonexclusive bssis ss necessary to utilize the Premises Unless agreed otherwise in writing by Licensor,the Event is by 'invitation only'and will not be open to the public 2 DatesofUse Unless this License Agreement ithe 'Agreement')is esrlier termirstet pursuant to the provisions hereof.Licensor grsnts to Licensee the night to use the Premises tor the Everton the date(s,and time(s)set forth n Section t (the Ter'The Terr may not be extended by Licensee wthout obtaining Licensor's prior written permission /which permission msy be withheld in Licensors sole discreton)In the event the err is extended pursusn:tc the preceding sentence Licensee shsii be responsible for sny additions/fees and costs required by Licensor in connection therewith 3 Duties_ofLicensor Exceptss msy be otherwise specifed in Section IE.Licensor shsl st the sole cost sand expense of Licensee provide ior csuse to be provided)any and s personnel ss msy be required by Licensor in its so/e discretion)to property staff the Center tr the Event and tor the proper and ssfe presentation of the Evert,including without limitation personnel to crowd control,frst sid iEMT},fre personnel bsdge checkers supervisors.janitorial staff telecommunications staff.irternet technology staff box office staff,ticket tskers.concession snd catering staff and other necessary support services customsrly provided by Licensor fora 'ke event ss applicable sno additions'items equipment,personnel snd services (such ss telephone.intemet sno other serices and utltes)which Licensee requests to be provided in connection witt the Event and which Licensor is ressonably sble t provide.s!'of which shsl be subect to the spprovsl of censor ltis understood by Licensee tst services.lsbor snd equipment will be provided only to the extent of easting svsitsble inventory snd in consderstion of otter Center events snd activities 4 Non-Refundable_Deposit A non-refundable deposit in the smount set forth in Section LC is due sand psysble to Licensor sccording to the payment schedule set forth in Sectio n IC Such depost shsl be credited to the License Fee and reimbursable expenses described below Licensee shsll not be entitled to the payment of sny interest whatsoever on the deposit paid to Licensor This deposit is non-refurdsble wthout regard to whether censee mskes use of the Premises Itthe deposit (or sny portion thereof is notpsd cn or before the due dste(s)specfed in tC.Licensor msy terminste this Agreement n ts sole discretion,by rovidirg written notice of termirstion to Licensee.Any such termination shs/lbe in addition to sy other rght or remedy svsilsble to Licersor st/sworin equity 9rising out such breech by Licensee.including Licensor's rght to recover dsmsges This section subject to section 18 Force Msjeure 5 LicenseFee Inconsiderston of the license granted hereunder Licensee sgrees to pay toLicensor (i)s lcense fee in the smount set forth in Sectcn L Du ii)reimbursement for sry ands!costs incurred by Lcersor in connecton with Licersees use ofthe Prerses including wit?out lmtstion,costs ircurred for the provision of the items,services snd personnel descnbed in Section 3 above Unless otherwise set forth in Section IE alt such fees shall be paid by Licensee prior to the Event,according to the schedule set forth in Section IC.Any additions!costs relating to changes in the event requirements shsli,unless otherwise greed by Licensor,be psid by Licensee snd billed to fnsi settlement In the event Licensee fails to remit payment when due of any amounts due. interest shall accrue on such overdue amounts at the rate of 1 %per month (18%per annum},or the maximum rate permitted by law,whichever is less Unless otherwise sgreed by Licensor.payments shalt be msde by money order wire transfer,or certifed check 6.Delayot Possession. A.In the event Licensor is not able to tender possession of the Premises to Licensee because of any delay,then ss long as such inability continues the License Fee shall be reduced pro-rstably Licensor shsll also be liable to psy any snd all costs incurred by Licensee including.but not bmited to.personnel overtime costs,ss s result of Licensor's inability to tender possession of the Premises B.Should Licensee fail to vacate and surrender the Premises st the end of the License Perod.Licensee shsl pay to the Licensor $500.00 per hsll,per hour for use snd occupancy for thgt portion of the Premises that hss not been vacated and surrendered Further,the Licensor may remove snd store ski goods send chattels at the sole expense of the Licensee snd msy dispose of any such property if,after the expiration of five calendsr days,the Licensee has failed to remove the property from the possession of the Licensor.The Licensor shall not be liable to the Licensee on account of so removing. storing.or disposing of sny property ss provided by this Section and Licensee shalt save and hold Licensor harmless from any hsbitty from snother Licensee who is prevented from occupying their licensed portion of the Facility due to the holding over of the Licensee 7 FoodandBeerage:Licensor shall hsve the exclusive right to provide food and beverage services in connection with the Event sctng through the Centers contracted food snd beverage provider.Sodexo Live FB Provider}.No other individusl or orgenizstion is permitted to bring food or beverage products into the Center without the express written consent of Licensor Event_Requirements Licensee sha!!provide to Licensor sli necessary set-up instructions (personnel equipment,utilities.layout,etc.)for the Event no later thsn sxty (80)days prior to the commencement of the Term (or,if this Agreement is executed snd delivered less thsn sixty (00)dsys from the commencement of the Term,then immediately upon execution hereof).Such instructions shall include s copy of a full and complete floor plan for sry exhibit st the Event If such instructions sre not provided to Licensor by such date.or if changes sre msde to such instructions after they have been provided to Licensor and Licensor incurs additions!costs or expenses ss s result of such chsnges,Licensee shsil be responsible for such sdditional costs sand expenses st Licensor's prevailing rates.No set-up of sny exhibits msy begin without proof of approval of such foor plan by the Fire Mershsl of the City or County in which the Center is located,ss spplicable,snd by the Licensor. 9 Adygrtsingang_Promotion Licensee shsll not publicize,or permit to be publicized,the Event prior to execution of this Agreement by Licensor.Licensee warrants that sl sdvertising of the Event will be accurate sand truthful,and wil include accurate information of event times snd ticket prices (if spplicsble).Al advertising of the Event shall be subject to the prior written spproval of Licensor (which shsll not be unreasonably withheld)All print and broadcast materisis associated with the Event shall use the offcisl facility nsme.Licensor reserves the right to display or sell without limitation,advertising snd promotions within snd sbout the Center,snd to retain sl income from such display or ssle.Licensee sha not interfere with,block,remove or otherwise disturb advertising or promotions within or about the Center without the prior written consent of Licensor.Signs containing commercial or sponsored advertising messages must be spproved in advance in writing by Licensor.Licensee agrees to open the Event to the public in sccordsnce with advertised times snd in compliance with Center policies 10 Licenses,Permits.Licensee shsll secure prior to commencement of the Term,all licenses,permits snd approvals that may be required in connection with the use of the Premises for the Event,including without limitation those required by ordinances.rules and/or regulations of governmental suthorties.and sl licenses required by sny performing srts societies such ss ASCAP or BMI for music or other copyrighted works to be utilized or displayed st the Event provided.however,Licensee shell not be required to secure sny permits for the general occupancy of the Center.or sny music licenses from SESAC {esch of which has previously been secured by Licensor or the Owner)Licensee shall defend.indemnity and hold hsrmless Licensor and the Owner from sny and sii claims,fees,expenses.costs or damages.including reasonable attorneys'fees and court costs,suffered or incurred by such parties in connection with sny breach of this paragraph 11 insurance. A.oygrgge.Licensee shsll obtsin,at its own cost snd expense,with insurance companies currently rated A /Ill or better by Best's Key Rating Guide.commercial general liability insurance thst insures al operations of Licensee contemplated by this Agreement Such insurance shall nsme Global Spectrum.,L.P and the City of Mismi Beach ss sddtionsl insureds Such insurance shall be written with s limit of st lesst One Million Dollars ($1,000,000)per occurrence combined single limit for bodily injury.property dsmsge and personsl injury Licensee shell slso maintain,st its own cost snd expense,with insurance companies currently rated A Vll or better by Best's Key Fating Guide.commercisl automobile liability insurance.including coversge tor the operation of owned,lessed.hired snd non-owned vehicles,in the minimum smount of One Million Dolsrs ($1.000,OO0)per accident (PI and PD combined single limit)Such commercisl general liability insurance shall be primary to and not contributory with sny insurance coverage or self-insured program of Licensor snd Licensee and their insurance shall hsve no right of recovery or subrogation sgsinst the Licensor.Licensee shah also msintain,at its own cost snd expense,workers'compensston insurance in respect of al employees and sny borrowed,lessed or other person to whom such compensation may be payable by Licensee B.Certifgtes Certificates evidencing insurance required pursusnt to this Section 11 shall be provided to Licensor not less than thirty (30) dsys prior to commencement of the Term,provided that itthis Agreement is executed and delivered less thsn thirty (30)dsys prior to the Term,the certificates shsll be provided immediately upon execution of this Agreement The policies shell also provide,and the certificate shsll so note.that the coversge msy not be canceled or thgt s major change in coverage msy not be implemented without st least thirty (30)days'prior written notice given to Licensor 12 Indemnity;Limitation on Liability A Indemnficgton Licensee hereby sgrees to indemnity,defend.and hold harmless Licensor snd the Owner and their respective offcisls. otfcers,directors,sgents,employees.successors and sssigns from snd sgainst sny snd sll claims.dsmsges.expenses,costs (including.without limitation. ressonsble sttorneys'fees)snd lisbilites (collectively."Claims')arising or alleged to srise from (i)sny bresch of this Agreement by Licensee.(ii)any slieged or sctusl violstion or infringement by Licensee or its employees.sgents or contractors of sny copyright or other intellectusl property right of g third party in connection with the Event or activities occurring st the Event.(iii)the use or occupsncy of the Center by Licensee its employees.agents.contractors. exhibitors.invitees.guests or patrons (including.without limitation,sny coronsvirus-relsted Claims thst msy be ssserted in connection with the use or occupancy of the Center,without regard to whether Licensor or Owner is slleged to have been negligent,in whole or in psrt)snd (iv)the scts or omissions,or viol9ton of any spplicsbie law.rule.regulation or order.of or by Licensee or sny of its employees.sgents.contractors,exhibitors,invitees.guests or 3 patrons Notwithstanding the foregoing the obligations of Licensee in this paragraph shall not spply to the extent the Claims srse out of the gross negligence or intentional misconduct of Licensor or its employees or sgents. B.Condition_of Premises.Licensor makes no warranty or representation to Licensee of sny kind (express or implied)regarding the suitability of or comphsnce with spplicable laws by the Premises,or any portion thereof,ss built,for sny aspect of the use Licensee expects or intends to make of the Premises Licensee further agrees thst the Premises shsll be delivered by Licensor to Licensee 'AS IS,""WHERE IS"gnd "WITH ANY AND ALL FAULTS" snd without wsrrsnty,express or implied.ss to the merchantability or fitness for the use thereof for any psrticulsr purpose. Limitatonon_Lbilty Licensor shall not be liable under sny circumstsnces to Licensee or to sny third psrty for sny indirect special,punitive or consequentisl dsmsges,or loss of revenue or profits,arising in connection with this Agreement,even it Licensor has been advised of the possibility of such damages Furthermore.Licensor shell not be responsible or liable for any injury or death to person or loss or dsmsge to property susteined by Licensee.its employees.agents.exhibitors.contractors or sny other person claiming through Licensee resulting from sny condition accident or occurrence in or upon the Premises.unless such injury.loss or dsmsge is due to the gross negligence or intentional misconduct of Licensor or its employees or sgents D Surgyg!The provisions of this Section 12 shell survive sny expiration or termination of this Agreement 13 Compliancguith LasandRulesotthePremises Tags Licensee shsll comply with,end shall cause sl of its employees,contractors.participants and invitees to comply with,all laws.regulations.snd ordinances applicable to it in connection with its performance under this Agreement ss wel ss al rules end regulations regsrding the use ot the Center ("Compliance 0bligations").These Compliance Obligations include,without limitation,compliance with sil laws,regulstons,ordinsnes sand Center rules implemented to reduce the risk of transmission of C0VID-19.Unless otherwise expressly stated herein,any tems or services provided by the Licensor to Licensee to assist Licensee in performing its Compliance Obligations shall be the sole responsibility of Licensee and reimbursable to the Licensor in accordance with Section 5.Licensee sgrees to psy promptly al taxes assessed on ts activities st the Center hereunder. including any sales tsx on the payment of Licensee's fees hereunder (which shall be in addition to the amounts due hereunder) 14 Use of the Premises A.Dutyo!c@re_Return_of_Premise.Licensee shell use the Premises in s safe snd csretul manner.Licensee agrees not to do or sllow to be done any act which shall mar,deface or injure any psrt of the Premises,nor shall Licensee change or rearrange any equipment or other property on the Premises without Licensor's prior written approval Upon expiration of the Term.Licensee shsll deliver up to Licensor the Premises in ss good condition and repsir snd in the condition received st the beginning of the Term,excepting ususl wear and tear Upon expiration of the Term,Licensee shall immediately remove from the Center sny and al property.goods,or other effects belonging to,or brought into the Center by,Licensee its employees.agents,contractors. representatives.guests or invitees ItLicensee fails to do so,Licensor msy store or csuse to be stored any such property st Licensees expense Alternatively.Licensor my deem such property to be abandoned ano sell such property in such s msnner and to such on extent as is permitted by applicable lsw.and apply the proceeds of such sale(s)in s manner determined by Licensor in its sole discretion. B.Lcergorccesssgg.Control Licensee shalt,snd shall cause its employees.agents and exhibitors and contractors to,follow sny and sll rules.regulations snd policies of the Center,including sny instructions of Licensor's representatives regarding Licensees use and occupancy of the Center.in licensing the use of the Premises to Licensee.it is understood thst Licensor does not relinquish the right to control the management thereof snd to enforce sl necessary rules and regulations Licensor shsll st al times have the right to limit the number of people attending the Event tor the purpose of ensuring the safety of people snd property st the Premises. C DsorderhQoguct Licensor reserves the right st sl times to refuse somission to or to cause to be removed from the Event the Premises snd/or the Center sny disorderly person,including Licensee's employees,sgents.contractors.exhibitors.guests and invitees.ss determined by Licensor in its sole discretion,snd in the event of the exercise of such authority.Licensee hereby waives any and el claims for dsmoges sgsinst Licensor and the Owner on account thereof D Qther£vent.Licensee scknowledges thst other events or sctivites may be scheduled within the Center during the Term in sreas other thsn the Premises Licensee acknowledges that the public parking aress surrounding the Center sre not exclusive to or for the Event contemplsted by this Agreement Licensee agrees to sdhere to s good neighbor policy and will not permit or allow to be permitted,sny activity in the Premises thgt will disturb use of other sress of the Center by any other individual,entity,organization or event E.Broadcastng.Licensee shall not televise or brosdcsst the Event or sny part thereof without the prior written spproval of Licensor (which may be withheld in Licensor's sole discretion,and msy be conditioned on Licensee psying sn additionsl fee for the privilege to brosdcsst the Event,or Licensee procuring additional insurance to cover such broadcasting activities) F Drgyage The Licensor and the Owner end their respective officials,officers.directors,agents,employees.successors snd contracted service providers will not be responsible for the acceptance of any end sll drsysge,to include_crates.packsges,equipment and/or any other chsttels.before. during or after the licensed Term of the Agreement All drsyage must be delivered snd accepted by an authorized offcisl,officer,director agent employee end/or Genersl Serice Contractor on or sfter the frstdsy Licensee takes possession of the licensed sres(s)outlined in Section l.of the Agreement Drsysge delivered to the Center beyond the licensed Term will be deemed undeliversble and returned to the originsl origin 15 Cancellation_ofEventbyLicensee_In the event of s cancellation by Licensee of the Event (except ss permitted in connection with an Event of Force Msjeure or ss sresult of sn uncured bresch by Operator),no Deposit refund shsll be made,snd Licensee shsll be obligated to pay the percentsge of the full Fee contemplated to be due hereunder had the Event sctuslly occurred ss set forth in the chart below. The psrtes agree that Operator will be dsmsged by any such cancellation,and that the exact amount of such damsges would be either impossible or inconvenient to prove.and that the smounts set forth above sre s reasonable estimate of the smount of such dsmages.The parties further sgree that such amount shall constitute liquidated dsmsages,and not s penalty of any kind.The remedies set forth in this section sre in addition to,snd not in lieu of,any other rights or remedies Operator may hsve at law or in equity,in the event of a cancellation of this Agreement by Licensee 4 18 Programs Noveltesand_Merchandise unless otherwise sgeea by Licensor n writing censor reserves the exclusve right to operate.or contrset for the operston of,s cost checkroom snd orogrsm novelty snd/or merchandise ss.es st the Event inctudng without /imitation rcgrsms t-skirts Ds books. c9ssette tapes D/D's /HS tapes 'spei pins photographs snd souvenirs),and to receive sl income therefrom 17 Termination Ether party msy terminate ths Agreement in the event the ther srty fsiis to perform any of its ratensl ob!gatons uroer this Agreement snd such failure hss not been cured within ffteen {15)dsys (or5 3sys in the event ois payment default)sfer the iste on which the breschirg psrty receves written notice descrbirg such bresch in ressonable detail Notwithstanding the toregong.in the event Licensee 'ails to provide the isurence certifcste required herein by the dste due hereunder,or if Licensor msy suffer irreparable hsrsss result of the breach by Licensee.Licersor shs!not be required to wsit any period o!time before termirsting this Agreement cr pursuing any remedies hereunder or under applicable 'sw Any termination oft/is Agreement shall not prejudice any other right or remedy svsilsble to the non-breaching srty stlsw or n equity !n the event Licensor ternstes this Agreement due to s bresch or defsultby Licensee.Licensor msy retain ss dsmsges sny fees psid by Licensee under this Agreement (including the deposit)without prejudce to any other legsi rights or remeces Licensor msy have 1.Force!ayeure Should Licensor be unsble to provide to icersee the Fremses tor use ss described hereir.or should Licensee be unable to present the Event,ir either csse due to sn Event of Force Majeure.he psrtes shali attempt,in good faith,to reschedule the Event lfso rescheduled,sny 9mounts previously sd by Licensee to Licensor.less committed,non-csnce/able expenses incurred by licensor,shall be sppled to the rescheduled event !f despite their good fsith attempts the psrtes sre unsble to reschedule the Event ther the Event shsl be canceled.without liabilty to Licensor or Licensee.except that Licensee as ts sole remedy and relief.shsl receive s refund of any uncommitted or sncelsbe sdvsnce psyrents 'ess any expenses ircurred by Licensor in orepsring for the Event 'Event of Force Msjeure'stsli mean any sands/lscts of God.strikes lock-outs,other industris/disturbances scts of the publc enemy.'sws,rules and regulations of governmentsl or quasi-governmental entities.wsrs or warhke action,arrest or other restraint oft government civil o: military)blockades,insurrections riots vands/ism terrorism or terrorist threats.epidemics.psrdemics.lighting esrthqus#es.hurricanes,storms.floods wsshouts.fre or other cssusty civil disturbsnces explosions.bresksge or sccidents to equiomert or machinery.threats of tombs or similar interruptions. confisc9tor or seizure by sny government or pubic authority.nuclesr resction rsdcactive contamination accidents.or any other csuses,whether of the kind herein enumerate or otherwise that gre not reasonably within the control or csusea by the party clsmirg the rghtto delsy the performsnce or account of such occurrence.provided.however,in no circumstances shall the monetary insblity of s party tc perform sny obligation cont9ired ir this Agreement be construed to be an Even!o'Force Msjeure.The perod of sn Event of Force Mseure srd the suspension of ob/gstiors hereunder.shsl extend to snd include any period of tine required to implement emergency prepsrstions in advance of the Event t Force kajeure.the Even!of Force Mseure itself,snd the period of time otow.ng the Event of Force ksyeure thst msy be required to restore the Premises snc/or remediate sny delsy.dsrage.loss,fsilure or nsblity to perform ss s consequence of the Event ofFcrze k'seure Upon removes!or cessstion of the Event of Force Msjeure.the partes'respective rights snd obligations hereunder shail be reinstated for sry snc sl subsequent sessions ct the Event remaining in the Term iif sny).The srties specifcaly agree that snEvent of Force #sjeure may include governmental requirements imposed in response to sr underlying event such ss sn epidemic or sndemi (such ss the governments/requirements implemented in 2020 to curb the spread of the CO/ID.tg psndemic},to the extent such governmental requirements sre sntcipsted to be ir place on the scheduled dste ofthe Event and would result in the Premises becoming unsvsilatle for the Event or render Licensee unsbie to presert the Event due to the insbilty to ss'ely implement or comply with ()social distancing.(ii)limitations on public gatherings or occupancy.{ii) qusrsntine periods for stterdees from certain geogrsphic sress thst unduly restrict attendee participation ir the Event or {iv)governmental restrictions mposed on domestic and international travel The Psrties expressly acknowledge snd agree thst the occurrence cf mosquito-borne virus trsnsmissions wthir the City of M.smni Besch Fords or elsewhere shsll not constitute an Event of Force Msjeure under this Agreement 12 Non-Discrimination/Americans_with_Disability_Act Licensee sgrees not to discriminate sgsinst sny employee or spp'icsnt for employment to be employed in the performsnce of or in relation to this Agreement,with respect to the hire tenure terms,conditions or privileges of employment or sny other matter directly or indirectly rested to such employment whether on account of rsce,merits!status.color religion,national origin.ancestry,age.sex sexusi orientations or hardicsp except where bssec on s bona-fide cccupstonsl quslifcstion Witt respect to the vent Licensee recognizes thgt tis subject to the provisions of Tile Ill of the Amenicsrs with Dissbittes Act ss smerded "ADA")Tothe extent trst Licensee reconfgures,moaifes.slters.resranges.or otherwise preps9res or 'sets up'the Premises or any other porton of tte Center in order to sccommodste the Event Licensee shalt be responsible for ensurirg that such sreass comply (and continue to comply throughout the Term}in sl respects with the ADA,including wthout limitation with regard to sccessibilty.ussbty,snd configuration.Licensee sbsllbe solely respcnsible for providing auxiisry sics or any modifcston of the Premises or other portiors of the Center thst msy be equired in order to sccommoaste the Event snd tor ensuring that the policies practices,snd procedures t spies in connection with the Event sre in tul compliance wth the ADA 20 Miscellaneous A EntreAAgeemetAreamers Gogerrnggy This Agreement represents the entire understanding 3f the parties hereto with respect to the subect mstter hereof and supersedes any and sl prior understandings wntten or oral,among the psrtes hereto Ths Agreement msay orly be modified or smended by s subsecuent written agreement signed by 9n sutnorzed representative of Licensor snd by Licensee This Agreement shsli be goverrec by the lsws of the State f Fords splicsb/e to contracts msde and to be performed in such state without regsrd to conflicts of lsws principles B Notes Notces by Licensor snd Licensee to each other shsl be deemed duly gver if i}delivered personslly with s signed recept evidencing such delivery.(ii)transmitted by te'ecopier with confirmnston of transmission.(ii)msled by certified mail,return receipt requested.postsge prepsd. or ii)delivered by duly recognized sir courier serice to the addresses indicated in the opening psrasgrsph hereof A notices sent to Licensor shsll be sent to the attention of Generst Msnsgersn3 slsoto Globs!Spectrum,380S Brosi Street Phlsde'phie Pennsylvanis Attn General Counsel C Assgnre!This Agreement shallot be sssigned nor shsl Licensees right to use the Premises be sublicensed by Licensee without the prior written consent of{censor in esch instsnce,which msy be withheld in Licensors sole discretion Licensor msy assign this Agreement st sny time to sny arty including without limitation sny successor owner or operator of the Fremuses D togenc The relstins/i between Licersor snd Licensee is thst of irdependent contractors and not agents or employees.Urder no circumstances s!sl this license be considered s contract of partnership or joint venture Nether party shalt be liable tor sny of the debts.sccounts obligations or other liabilities of the other a rty its sgents or employees.snd nether psrty shsli hsve sny authority to obligate or bind the otter psrty n any manner except ss msy be expressly provided herein E 4g:yes No wever shail be effective unless in writing snd executed by the party to be charged with such wsver.No waiver shall be deemed s cortinging wsiver in respect of sny subsequent bresch or defsut,whether of similar or dissimilsr nature urless expressly so ststed in writing r eyergblity.The invalidity or urerforcesblty of sny psriculsr provision of this Agreement shsl not sffect the other provisions hereof srd this Agreement shall be construed in al respects ss it such iv9lid or unenforcesble provision were omitted ?EffetigressctAgrgeer!Th.s Agreement will not be effective or bnding upon Licensor until t hss been executed snd delivered by cersor M'anser H R_'egadFegAst_gs The Rules so Regulations ss contained ir the Event Planning Guide sre hereby incorporstec into this agreement G3erg'ggggrsDscretin Any matter not expressly provided for herein shsll be w i i the resscrab'e discreton ot the General Com!mgotgysace Allowance ofs5%cs ofthe tctsi net squsre footage uti/zed svs/sble tor verified and sproved complimentary booths.Aprcved complimentary booths would typcsly inc'ude not-tor-profit organizations educations!extitors or other community service-oriented dsp'sys gererating no drector indirect revenues or expense to the Shw Mlsnsgementicensee K.erg'sdertedStates TheLicensee hereby reresents.wsrrarts snd covenants tnst (a)Licensee snd sny of its owners. stflstes,offers.directors.empioyees snc agents involved in providing services under this Agreement,will comply with ali splicsbe snt-corruption laws including the US Foreign Corrupt Practices Act snd the UK Bribery Act snd sny other spicable ursdiction;ib)in csrrying out its resporsbdties under the Agreement.neither the Licensee nor sny of its owners affiliates officers.directors.employees or sgents will coffer promise or give anything of vslue.directly or indirectly.to )any Government Otis'ir order to influence offis!action or otherwise obtsir an improper business sdvsntage,(ii)any other person wbile knowing thstall or any portion ofthe money or thing of value will be offered or given to s Government Chia!or ii)any other person in order to induce them to perform their work duties disloyally or otherwise improperly.(c)reither the Licensee nor sny of its owners or affiliates is directly or indirectly owned or cntrolie3,in whole or in art by ary Government Entity or Gove:rment Q#isl sand no owner,partner otfcer.director or employee of the Licensee cr of sry parent car subsidiary compsry ofire Licensee is or w#become as Government Offcis!during the term of this Agreement,and (d)no government is investgsting or has nthe psst fve years conducted.initiated or threatened sny investgstion of the Licensee or sny of its owners.sfflsgtes,offcers.directors or employees for alleged vilaton of anti-corruption /sws.'Govemmert Entity"means s nations!government poltcsl subdivision thereof,or locs!jurisdition therein sr instrumentality.bosrd,commission,court or sgency.whether civilsn or miltsry,or sny of the sbove,however constituted.a government-owned or government-zcntrolled sssocistion,organization.business or enterprise,s political psrty.The term "Government Entities slso includes public internstionsl 0rgsrizstons,ie organzstions whose members sre countries or territores governments of countres or territories,other public internstonsl organizations or sny mixture of the foregoing.Governrert Ofcisf means any public or elected official or officer.emptcyee (regardless of rsnk),or person scting on behsf of snstonsl,provincisi,or local government including s department sgency,instrumentalty.state-owned or state-controlled company,public internations! organizatcn (such ss the Ute3 Nations or World Bank}or polticsi party psrty officisl or sny candidate for politics/offca Officers employees {regardless ot rsnk),or persons acting on behslf of sr entity that is financed in large measure through public sppropnations is widely perceived to be performing government functions or hss its key offcers and directors sppointed bys government should sis be consderec "Government Offc.sis 21.Convention_Center HeadquarterHote!Construction Project Licensee hereby sckrcwledges ths!during the Term hereir.the property located south ofsnd sdyscentto the Center may be undergoing construction of a convertion headquarter hotel sno related 'sci/ites.which project shall include construction of s skybridge connected to Level2 of the Center icolectively the Project) Licensor sts!endeavor to keep Licensee informed of significant Project developments which Licensor determines may have s material imosct on Licensees use of the Premises or portions thereof,for the Event To the extent practicsbie.Licensor shati use is commercially ressonsb/e efforts to minimize sny such mgterisl imposct to Licensees use f the Premises (or portions thereof)for the Event lt,despite such efforts.Licensor snd Licensee mutually determine thst the Project is expected to mastenaly impact Licensees use of the Premises or portions thereof}for the Event the psrtes shsl use mutusl god faith efforts to identity snd sgree upon sterate premises within the Center for the Event,or for the oortion(s)of he Event materially irpacted by the Project subject to such s/ternste premises being svsilsble snd acceptable to Licensee tor the Event It the psrties sre unsbie to mutually sgree upon s/ternste premises within the Center,or such alternate premises sre unsvsilsbie or unaccetsb/e,then Licensee msy terminste this agreement by providing written notice to the Licensor no less thsn thirty /30)dsys prior to the start ofthe Event In such case neither psrty shs!l have any liability to the other except ttst censor shsl return sny sdvsnce deposits or payments sd by Licensee to Lcensor,less sny out of pocket expenses incurred by Licensor in connection wit the Event {which Licensor msy retsinj ucersee scknowledges thst during the Froectthere s y be times where normal construction activities msy creste noise,vibration,dust or other environmentsl impacts thstmsy be cbservsble within the spaces licensed under this Agreement Licensee further scknow/edges thst during the Project there may be modfcations to the entry egress losding.srd circulstion spaces that msy include.but msy not be limited to the creation of temporary pesssges within the facility that msy occur within or sdjscentto sress of active constructcn on the south side of the Center the relocation of entry or exiting coors the assignment of specfic south !csding docks,and other temporary adjustments to the movement of people and freight through the enter Licensee scknowledges that the conditions identified in this Paragraph sre ar snticipsted element of the use of the Center during the Project snd ss such do not constitute s material ipsct or the Licensees Event ss contemplated in this Section END OF AGREEMENT] EXHIBIT "F" MINIMUM FACILITIES MAINTENANCE STANDARDS CHILLER PLANT Preventive Maintenance Daily: 1.Monitor chiller operating pressures,temperatures,and flow rates 2.Check for leaks and water damage Weekly: 3.Inspect chillers,pumps,and heat exchangers for proper operation 4.Check and record chiller performance metrics (Log chillers) 5.The following are part of the service contract based off the manufacturer's recommendations for maintenance and is performed by the HVAC contractor a.Perform chiller maintenance (e.g.,clean condenser coils,inspect electrical connections) b.Test and inspect chillers for refrigerant leaks c.inspection of the motors and gearboxes for the cooling towers to include the belts d.Inspect and clean chiller strainers and filters e.Test and inspect chiller safety devices (e.g.,high-pressure cutouts) f.Perform chiller overhauls (e.g.,replace seals,inspect,and clean heat exchangers) g.Inspect and test chiller electrical systems (e.g.,motors,starters) h.Perform chiller efficiency testing and optimization Annually: a.Cooling tower cleaning HVAC SYSTEM MBCC follows manufacturers recommendation for proper maintenance.These are general examples and the actual maintenance standards and frequencies may vary depending on the specific needs.MBCC to ensure all components for the HVAC system are properly maintained through preventive maintenance. 1.Monitor HVAC system operating parameters (e.g.,temperature,humidity,pressure)Daily 2.Check for leaks and water damage (2 times a month) 3.Check all drain pans make sure they are clean,and the drain lines are clear (2 times a month) 4.Inspect air handling units (AHUs)and fans for proper operation 5.Check and record HVAC system performance metrics (e.g.,airflow,static pressure)via Honeywell BMS 6.Perform HVAC filter &grill maintenance (e.g.,cleaning,replacement)(once every 6 months) 7.Inspect and test HVAC safety devices (e.g.,smoke detectors,fire dampers)Annually 8.Inspect and clean AHU coils and fans as needed 9.Test and inspect HVAC control systems BMS (e.g.,thermostats,actuators)(every 5 to 8 yrs) 10.Inspect and test HVAC electrical systems (e.g.,motors,starters)(every 3 to 5 yrs) 11.Perform HVAC duct cleaning and inspection as needed 12.Perform HVAC system efficiency testing and optimization Annually Service Contracts 1.Chiller plant maintenance contract to include cooling towers 2.Regular maintenance and repairs by a State of Florida Mechanical HVACE License qualified contractor 3.24/7 emergency response 4.Monitoring and optimization of HVAC system energy usage 5.Identification and implementation of energy-saving opportunities Additional Requirement 1.Maintain accurate records of maintenance,repairs,and testing 2.Ensure all maintenance and repairs are performed by qualified personnel 3.Comply with all applicable codes,regulations,and industry standards (e.g.,ASH RAE,NEC) 4.Provide training for facility staff on HVAC system operation and maintenance ELECTRICAL Preventive Maintenance MBCC follows manufacturers recommendation for maintenance of the electrical system.These standards aim to ensure the electrical system operates safely,efficiently,and reliably,supporting the convention center's events and activities.MBCC to ensure all components for the electrical/lighting system are properly maintained through preventive maintenance. 1.Regular Inspections:Perform monthly visual inspections of electrical panels,circuit breakers, and fuses to ensure proper operation and identify potential issues. 2.Cleaning and Dusting:Clean electrical equipment and enclosures to prevent dust buildup and ensure proper heat dissipation to include all floor boxes,Annually 3.Lighting Maintenance:interior and exterior:Replace burned-out light bulbs promptly,and perform periodic cleaning of lighting fixtures to maintain efficiency to include ballasts 4.Weekly test of the emergency generators to make sure they perform properly 5.Ensure all the lighting control systems are functioning properly 6.Panel Schedule Updates:Keep electrical panel schedules up to date to reflect changes or additions to the electrical system. 7.Surge Protection:Ensure that surge protection devices are installed and functioning correctly to protect against power surges and spikes. 8.Arc Flash Protection:Implement arc flash protection measures,such as labeling and warning signs,to ensure personnel safety. 9.Compliance:Ensure that the electrical system complies with relevant codes and standards,such as the National Electric Code (NEC)and the Florida Building Code. Annual inspections/testing to be completed by a licensed and certified electrical contractor 1.Electrical Testing of all switch gear and bus duck:Perform annual electrical testing,including infrared and magnetometer testing,to ensure the electrical system is safe and functional. 2.Compliance:Ensure that the electrical system complies with relevant codes and standards,such as the National Electric Code (NEC)and the Florida Building Code. 3.Perform generator maintenance based off the manufacturer's recommendations PLUMBING The general examples and specific requirements may vary based on specific needs and local regulations. MBCC to ensure that all components for the plumbing system are properly maintained through preventive maintenance. Preventive Maintenance 1.Regular Inspections:Conduct visual inspections of plumbing fixtures,pipes,and appliances to identify leaks,corrosion,or other issues,prior to the start of each event. 2.Water Quality:Every quarter the water filters are replaced throughout MBCC 3.Drain Maintenance:Clean and inspect drains regularly to prevent clogs and backups. 4.Fixtures and Appliances:Ensure all plumbing fixtures and appliances are properly installed, maintained,and repaired/replaced as needed. 5.Backflow Prevention:Install and maintain backflow prevention devices to prevent contamination of potable water,fire sprinklers,irrigation supplies by a State of Florida License contractor annually. 6.Water Heater Maintenance:Inspect and maintain water heaters to ensure proper function and efficiency,annually 7.Stormwater:Ensure proper connection to sewer and stormwater systems,with inspections to prevent backups and overflows,annually. 8.Record Keeping:Maintain accurate records of maintenance,repairs,and inspections. 9.Compliance:Ensure all plumbing systems and maintenance practices comply with local codes, regulations,and industry standards. Outside contractors are licensed,insured,and adhere to the following standards: 1.Service all grease traps on a regular basis based on usage 2.Service all lift stations on a regular basis based off the manufacturer's recommendations 3.Service all domestic pumps based off manufacturers recommendations 4.Service all backflow preventers annually 5.Provide proof of liability insurance and licenses 6.Comply with convention center rules and regulations 7.Coordinate with facility management and staff 8.Ensure their work meets or exceeds local codes and standards 9.Provide documentation of work performed and materials used CARPENTRY Preventive Maintenance 1.Tools and Equipment:Ensure all tools and equipment are in good working condition,properly stored,and regularly inspected. 2.Workshop Organization:Maintain a clean and organized workshop,including storage areas and workbenches. 3.Safety Procedures:Adhere to established safety protocols,including proper use of personal protective equipment (PPE)and reporting of incidents. 4.Material Storage:Store materials in a dry,secure,and organized manner,protected from the elements. 5.Maintain all carpentry related surfaces throughout the venues to include but not limited to drywall, baseboards,ceiling tiles,doors,flooring,and any other Carpenter related items 6.Waste Management:Properly dispose of waste and debris,recycling when possible. 7.Equipment Maintenance:Regularly inspect and maintain equipment,performing repairs and replacements as needed. 8.Cleaning:Keep work areas clean and dust-free,including regular sweeping and dusting. Contractor Compliance:Ensure outside contractors adhere to these standards,providing training and oversight,as necessary. 1.Record Keeping:Maintain accurate records of maintenance activities,repairs,and inspections. 2 .Compliance with Regulations:Adhere to relevant building codes,safety regulations,and industry standards. These standards may need to be tailored to the specific needs and requirements.MBCC to ensure that all components for the carpentry items/finishes are properly maintained through preventive maintenance. LOCKSMITH Preventive Maintenance 1.Key Control:Locksmiths should maintain a centralized key control system,ensuring that all keys are accounted for,labeled,and stored securely. 2.Lock Maintenance:Regularly inspect and maintain locks to ensure proper function,lubricating hinges and locks as needed. 3.Inspection and maintenance of panic hardware,door closures and exit devices,quarterly 4.Inspection of operations of ADA doors monthly 5.Key Duplication:Duplicate keys only with authorization from the facility management or authorized personnel. 6.Lockout/Tag-out:Handling lockouts,including emergency response plans. 7.Security Standards:Adhere to industry security standards,such as those set by the Associated Locksmiths of America (ALA). 8.Record Keeping:Maintain accurate records of locksmith services performed,including work orders,keys issued,and lock maintenance activities via work tickets &key logs. 9.Equipment Maintenance:Regularly inspect and maintain locksmith equipment,ensuring it is in good working condition. Outside locksmith contractors are licensed and insured and will be reached out to do the following: 1.Emergency Response:24/7 emergency response for locksmith services locally 2.Repairs and replacement parts for all ADA doors throughout the venues. 3.Training and Qualifications:Ensure locksmiths are professionally trained,qualified,to perform tasks. 4.Compliance:Comply with relevant laws,regulations,and facility policies. These standards may be subject to change based on the facility's specific needs and requirements.The Miami Beach Convention Center may have stringent requirements.MBCC ensures that all components for the locksmith systems are properly maintained through preventive maintenance. PAINTING Preventive Maintenance 1.Cleanliness:Maintain a clean and organized workspace,including floors,walls,and equipment 2.Regular touch-ups of painted surfaces to include anything interior or exterior that requires painting 3.inspection after each event and painting of walls,ceilings,doors,and trim 4.Equipment Maintenance:Regularly inspect and maintain painting equipment,such as sprayers,compressors,and ventilation systems. 5.Safety Precautions:Ensure proper safety measures,including personal protective equipment (PPE),fire extinguishers,and spill response plans. 6.Ventilation:Maintain proper ventilation systems to remove fumes and particles. 7.Waste Disposal:Properly dispose of hazardous waste through a Hazardous Material company,such as paint thinner and solvents.All outside contractors are to be licensed, insured,and perform the following: 8.Contractor Compliance:Ensure outside contractors comply with facility maintenance standards and safety protocols. 9.Regular Inspections:Conduct regular inspections to identify and address potential maintenance issues. 10.Paint Storage:Store paint and related materials in a well-ventilated,dry area,away from heat sources and flammable materials. 11.Record Keeping:Maintain accurate records of maintenance activities,inspections,and repairs. These standards aim to ensure a safe,efficient,and environmentally responsible painting department. Note that specific requirements may vary depending on local regulations and industry standards.MBCC ensure that all the finishes are properly maintained through preventive maintenance. MECHANIC Preventive Maintenance 1.Regularly Inspect and maintain of all forklifts,boom lifts,scissor lifts,carpet extractors and floor scrubbing equipment,monthly 2.Perform routine maintenance such as oil changes,filter replacements,and belt tension checks 3.Maintain accurate records of maintenance activities and equipment history 4.Equipment Inspection:Conduct visual inspections of equipment to identify potential issues prior to each use.Check for signs of wear,damage,or corrosion 5.Report any findings or concerns to management and take prompt corrective action 6.Repair and Replacement:Perform repairs and replacements in a timely and efficient manner a.Use approved parts and materials that meet manufacturer specifications b.Ensure all work is done to code and meets safety standards 7.Safety Procedures: a.Follow documented lockout/tagout procedures for equipment maintenance b.Wear appropriate personal protective equipment (PPE)when working with hazardous materials or in confined spaces c.Ensure all equipment is properly guarded and safety features are functioning correctly 8.Documentation and Record-Keeping: a.Maintain accurate and up-to-date records of equipment maintenance,repairs,and inspections b.Document all work performed,including parts used and labor hours c.Keep records of equipment manuals,specifications,and warranty information 9.Communication: a.Notify management and other stakeholders of equipment issues,repairs,and maintenance schedules b.Collaborate with other departments to ensure equipment maintenance does not interfere with events or operations 10.Training and Qualifications: a.Ensure all mechanics and outside contractors are professionally trained and qualified to perform equipment maintenance based on manufacturer recommendations b.Provide ongoing training and professional development opportunities to stay up to date with industry best practices and new technologies These standards ensure that equipment mechanics,including outside contractors,perform maintenance tasks efficiently and effectively,while also prioritizing safety and compliance.MBCC to ensure that all mechanical equipment is properly maintained through preventive maintenance. SERVICE CONTRACTS All work performed will be done based off the contractor &manufacturers standards recommendations LANDSCAPING Preventive Maintenance •Regular maintenance of sod,plants,trees,and shrubs per vendor agreement Monthly inspection of irrigation systems •Perform pest control and fertilization as recommended •Perform -bi-annual tree trimming •The contractor shall ensure the health of all landscaping in all the venues per their contract. MBCC will ensure landscaping is properly maintained through preventive maintenance. VERTICAL TRANSPORTATION Preventive Maintenance Daily: 1.Inspect and clean doors,and tracks 2.Check elevator operation,including floor leveling and door alignment. 3.Test elevator safety features,such as emergency stop switches and alarm bells. Record Keeping 1.Contractor to submit monthly PM reports 2.Files are saved via SharePoint As needed: 1.Lubricate moving parts,such as pulleys and rollers. 2.Inspect and clean elevator shafts,pit areas,and machine rooms. 3.Check and update elevator logs and maintenance records.: 4.Perform more detailed inspections of elevator components,such as brakes,governors,and safety nets. 5.Check elevator cab alignment and adjust as needed. 6.Test elevator communication systems,including phones and intercoms. 7.Inspect and clean escalator steps,tracks,and comb plates. 8.Lubricate escalator chains and bearings. 9.Check escalator safety features,such as safety brushes and side panels. 10.Perform comprehensive elevator modernization inspections. 11.Check elevator motor and generator performance. 12.Inspect elevator control systems and circuit boards. 13.Conduct a thorough inspection of the entire vertical transportation system. 14.Perform any necessary repairs or replacements. 15.Update the maintenance contract and logs as needed. 16.Coordinate the annual inspection for the escalators and elevators These standards may vary depending on the specific requirements of the Miami Beach Convention Center and local regulations.The outside contractor is to consult with the team to ensure compliance with all applicable codes and standards.MBCC ensures that all components for the vertical transportation system are properly maintained through preventive maintenance. WINDOW CLEANING Preventive Maintenance Frequency: 1.Windows are cleaned at least twice a year,or more often as needed.This includes the interior and the exterior to include the fins 2.Cleaning Solution:A mild detergent and water are used to clean windows,with no streaks or residue left behind. 3.Equipment:Contractors use proper equipment,such as ladders,squeegees,and scrubbers,in good condition. 4.Safety:Contractors wear personal protective equipment (PPE)and ensure ladders are securely positioned.And all rigging equipment used to repel down is certified and in good working condition 5.Debris Removal:Contractors remove any debris or cobwebs from windows and sills. 6.Streak-Free:Windows are cleaned to a streak-free finish. 7.Special Care:Special care is taken when cleaning windows with unique features,such as tinting or coatings. 8.Weather:Window cleaning is rescheduled during extreme weather conditions,such as heavy rain or high winds. 9.Inspection:Contractors inspect windows for damage or maintenance needs and report any issues. 10.Compliance:Contractors comply with all applicable safety regulations and industry standards. 11.Record Keeping:Vendor to supply completion report per contract MBCC ensure that all the windows are properly maintained through preventive maintenance. HONEYWELL -FIRE ALARM SYSTEM Preventive Maintenance 1.Honeywell on-site daily 2.Visual Inspection:Verify that all devices are installed correctly,securely,and free from damage or obstruction.Daily and by quadrants. 3.Battery Testing:Check the age,condition,and charge of batteries,replacing them as needed. Monthly and by quadrants. 4.Device Testing:Test a representative sample of smoke detectors,beam detectors,duck detectors and manual pull stations per code.Confirm frequency and by quadrants. 5.Panel Inspection:Verify the control panel is functioning correctly,with no trouble indicators or alarms. 6.Wiring and Connections:Inspect wiring and connections for damage,corrosion,or signs of wear. 7.Smoke Detector Cleaning:Clean smoke detectors according to manufacturer instructions. 8.System Function Test:Perform a simulated alarm test to ensure the system responds correctly, annually. 9.Documentation Review:Review records to ensure all maintenance,repairs,and testing are up to date.Monthly report of BMS,CCTV,Fire System,&Card Access 10.Device Replacement:Replace devices that are damaged,expired,or non-functional.As needed 11.System Reset:Ensure the system is reset after testing or maintenance,with no alarms or troubles present. Honeywell to comply with National Fire Alarm and Signaling Code (NFPA 72)standards and the facility's specific requirements.MBCC to ensure that all components for the fire systems are properly maintained through preventive maintenance. HONEYWELL -SECURITY CAMERA SYSTEM Preventive Maintenance The contractor shall perform routine maintenance and repairs on the security camera system at the Miami Beach Convention Center to ensure optimal performance and reliability.Inspection &PM in quadrants 1.Inspect cameras for proper function and cleanliness 2.Check video feeds for clarity and stability 3.Clean cameras and lenses 4.Check cable connections and secureness 5.Perform software updates and firmware checks 6.Inspect and clean camera housings and mounts 7.Perform thorough system diagnostics and troubleshooting 8.Check and replace batteries in backup power systems Tasks 1.Inspect and replace faulty or damaged cameras,lenses,or other equipment 2.Check and adjust camera angles,focus,and zoom as needed 3.Verify proper recording and storage of footage 4.Test alarm and motion detection features 5.Ensure compliance with relevant regulations and standards (e.g.,data privacy,cybersecurity) Documentation: 1.Maintain accurate records of maintenance activities,including dates,times,and details of work performed 2.Provide monthly reports of PM Qualifications: 1.The contractor shall have experience in security camera system maintenance and repair 2.Technicians shall be trained and certified in relevant technologies and equipment These standards are just an example and may need to be tailored to the specific needs and requirements of the Miami Beach Convention Center's security camera system.MBCC to ensure that all components for the Security camera system are properly maintained through preventive maintenance. HONEYWELL -CARD ACCESS SYSTEM Preventive Maintenance Inspection &PM in quadrants 1.Regular Inspections:The contractor should perform regular inspections of the card access system,including readers,controllers,and software,to ensure proper function and identify potential issues. 2.Hardware Maintenance:The contractor should check and replace worn or damaged cards, readers,and other hardware components as needed. 3.Software Updates:The contractor should ensure the card access system software is up to date with the latest security patches and feature updates. 4.Database Management:The contractor should regularly review and clean up the card access database to ensure accuracy. 5.Cleanliness:The contractor should ensure card readers and other equipment are clean and free of debris to prevent malfunctions. 6.Error Resolution:The contractor should promptly resolve any errors or issues with the card access system,including troubleshooting and repairing or replacing faulty components. 7.Documentation:The contractor should maintain accurate records of maintenance activities, including inspections,repairs,and software updates.Monthly reports are provided 8.Compliance:The contractor should ensure the card access system complies with relevant regulations and industry standards,such as data privacy and security protocols. 9.Training:The contractor should provide training and support to convention center staff on the proper use and maintenance of the card access system. These standards may vary depending on the specific requirements of the Miami Beach Convention Center and the terms of the contract with the outside contractor.MBCC to ensure that all components for the card access system are properly maintained through preventive maintenance. PEST CONTROL Preventive Maintenance 1.Regular Inspections:The contractor should conduct regular inspections (e.g.,monthly)to identify and address potential pest issues,including rodents,insects,and other unwanted critters. 2.Trap Installation and Maintenance:The contractor should install and maintain traps in strategic locations,such as dumpsters and food service areas,to control rodent populations. 3.Baiting and Monitoring:The contractor should place bait stations in designated areas and regularly monitor them to ensure effectiveness and prevent over-baiting. 4.Sealant and Exclusion:The contractor should seal entry points and eliminate harborage areas to prevent pest entry and infestation. 5.Sanitation and Hygiene:The contractor should ensure that the convention center maintains proper sanitation and hygiene practices,including regular cleaning and disposal of waste. 6.Pest Identification and Reporting:The contractor should promptly identify and report any pest issues to the convention center management,including recommendations for remediation. 7.Treatment and Elimination:The contractor should effectively treat and eliminate pest infestations using approved methods and materials which are environmentally friendly. 8.Documentation:The contractor should maintain accurate records of inspections,treatments, and recommendations,including any pesticide applications.Monthly reports provided. Compliance:The contractor should ensure that all pest control services comply with relevant regulations,industry standards,and convention center policies. 9.Staff Training:The contractor should provide training and support to convention 10.center staff on pest control best practices and protocols. These standards may vary depending on the specific requirements of the Miami Beach Convention Center and the terms of the contract with the outside contractor.MBCC to ensure that the pest control is properly maintained through preventive maintenance. ROOFING MAINTENANCE STANDARDS All roof repairs are completed by a licensed,insured,and certified roofing contractor 1.Engaged regularly for inspections,repairs,and maintenance tasks to ensure the longevity and performance of a roofing system 2.Inspections:Visual examinations of the roof to identify damage,wear,and potential issues, annually 3.Cleaning:Removing debris,leaves,and other obstructions from the roof surface,gutters,and downspouts. 4.Repairs:Addressing minor issues before they become major problems,such as patching leaks, sealing gaps 5.Coatings and Sealants:Applying protective coatings and sealants to extend the roofs lifespan and prevent damage. 6.Flashing and Seam Inspection:Checking flashing and seams for damage,gaps,or deterioration annually 7.Vegetation Control:Preventing vegetation growth on the roof,including moss,algae,and weeds. 8.Debris Management:Removing debris,such as branches and leaves,from the roof surface. 9.Animal Control:Preventing animal infestations,such as bird nests and insect colonies. 10.Record Keeping:Documenting maintenance activities,inspections,and repairs for future reference.Safety Protocols:Ensuring safe access,fall protection,and personal protective equipment (PPE)for maintenance personnel. 11.Compliance:Adhering to local building codes,regulations,and manufacturer recommendations. 12.Drain Maintenance:Clearing roof drains,scuppers,and gutters to ensure proper water flow. 13.Roof Structure Inspection:Examining the roofs structural components,such as rafters,joists, and decking,for damage or deterioration. 14.Fastener Inspection:Checking fasteners,such as screws,nails,and rivets,for tightness and integrity. 15.Coating and Sealant Application:Applying protective coatings and sealants to specific areas, such as flashings,seams,and transitions. 16.Roof Access Maintenance:Ensuring safe and secure access to the roof,including ladders, hatchways,and walkways. 17.Electrical and Mechanical Equipment Inspection:Checking roof-mounted equipment,such as HVAC units,vents for proper installation and maintenance. 18.Roof Edge and Perimeter Inspection:Examining the roofs edge and perimeter for damage, gaps,or deterioration. 19.Storm Damage Inspection:Inspecting the roof for damage after severe weather events,such as hail,high winds,or heavy rain 20.By following these comprehensive roofing maintenance standards,MBCC will ensure their all- roofing systems remains in good condition,extends its lifespan,and provides a safe and secure environment for occupants. ROOF ANCHOR TIE-OFF INSPECTION All the anchor systems for the MBCC are maintained and inspected by a licensed certified contractor Anchor Type 1.Permanent Anchors,Fixed anchors installed directly into the roof structure. Inspection Checklist 1.Anchor Installation:Verify proper installation,ensuring anchors are securely fastened to the roof structure. 2.Anchor Material:Check for corrosion,damage,or deterioration on anchor materials (e.g.,steel, aluminum). 3.Tie-Off Point Condition:Inspect tie-off points for damage,wear,or corrosion. 4.Hardware Condition:Examine connecting hardware (e.g.,D-rings,snap hooks)for damage, wear,or corrosion. 5.Load Capacity:Verify anchors can support the required load (usually 5,000 lbs.or more). 6.Labeling and Marking:Check for clear labeling and marking of anchors and tie-off points. 7.Certification and Documentation:Verify anchors and tie-off points meet industry standards (e.g.,OSHA,ANSI)and maintain records. 8.Proper Use:Ensure anchors and tie-off points are used correctly,following manufacturer guidelines. 9.Environmental Factors:Consider environmental factors like weather,extreme temperatures,or chemical exposure. 10.Compliance:Verify compliance with local building codes,regulations,and industry standards. 11.Anchor Spacing:Ensure anchors are spaced appropriately to prevent overload. 12.Tie-Off Point Orientation:Verify tie-off points are oriented correctly to prevent accidental disconnection. 13.Anchor Height:Check anchor height to ensure proper clearance and accessibility. 14.Fall Clearance:Verify sufficient fall clearance to prevent contact with the roof or other obstacles. 15.Rescue Considerations:Consider rescue scenarios and ensure anchors and tie-off points can support rescue loads. 16.Record Keeping:Visual inspection annually and pole test every 5 years.Reports are generated by vendor MBCC follows safety protocols and manufacturer guidelines when conducting roof anchor tie-off inspections. EXHIBIT "G" EVENT PLANNING GUIDE EXHIBIT "H" INSURANCE REQUIREMENTS FOR USERS/LESSEES OF THE FACILITIES iii\Mn,~ors.liii"" MIAMI BEACH CONVENTION CENTER REQUIREMENTS FOR CERTIFICATE OF INSURANCE Lice nsee and their Service Contractors are required to provide a current Certifica te of Insurance (COl)eviden cing a minimum one million dollar general liability insurance policy as well as work er's compensation coverage.Licensee, Service Contractors and their employees must maintain generally accepted safe operating practices and follow all Convention Center and OSHA guidelines to ensure a safe workplace. 1.Digital PDF file 2.Nameof insured on certificate must be identicaltoname on the License Agreement. 3.Description of Operations Additional lnsured Mustinclude:The City of Miami Beach,Global Spectrum,LP.d/bl/a 0VG360 (OVG360).their officers,agents,&employees are included as additional insured.It is further agreed that this insurance is primary to all other similar coverage carried by the City of Miami Beach and 0VG360,and the licensee and their insurance shall have no rights to recovery or subrogation against the Licensor.Coverage may not be canceled or a major change in coverage may not be implemented without at least thirty (30)days prior written notice given to Licensor. Event Name,Date(s)(Move-in,Show,&Move-out) 4.The Miami Beach Convention Center and 0VG360 must be namedas the certificate holder in the foonat below Miami Beach Convention Center OVG360 1901 Convention Center Drive Miami Beach,FL 33139 5.The Certificate must also include a 30-day cancellation notice. Licensee &Contractor shall furnish insurance against any and all loss or claims arising out of the operations ofits agents,employees,sub-co ntractors or invitees for the protection of OVG360,their officers,directors, employees and agents.Said insurance shall be maintained with firms duly authorized to do business in the State of Florida and holding a rating of A:X or better,per Best's Key Rating Guide,latest edition. A.Worker's Compensation Florida Statutory Limits B.Employers'Liability $100,000 Each Accident $100,000 Each Employee $500.,000 Aggregate C.Comprehensive General Liability $1,000.000 80dily Injury and Property Damage Combined Single Limit Coverage shall include Premises and Operations,Contractual,Personal Injury,Independent Contractors and Broad For Property Damage including Completed Operations. 0.Automobile Liability Bodily Injury $500,000 Per Person 0VG36o Property Damage $250,000 Per Accident $1,000,000 Combined Singe Limit ACORD CERTIFICATE OF LI ABILITY INSURA NCE I ATE (MrYYY ~·xE ttttt PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY XYZ BROKERAGE ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAI C # IS uRED 3SUR£R A XYZ INSURANCE COMPANY TENANT'S NAME (AS IT APPEARS ON LEASE AGREEMENT)NSURER B ADDRESS NSu RER C NSURER D NSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCHPOLICIESAGGREGATELUMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS 1SR DO0 L TYP E OF INSURAN CE POUCY NUMBER POLICY EFFECTNE POLICY EXPIRATION LunTsLTRNS.Q t DATE (MAM/DYY)DATE (/DDYY g GENERAL LAITY XXXXXX XXXXXX XXXX XX EACH OCCUREN CE $1,000.000B]coRrcA GeNtR usu DAMAGE TO RENTEDPREMSES(Ea occurrence $50.000 [os we Qacas MED EXP (Ary ore per so n)$5.000D_PERSONAL &ADV INJURY $1.000.000D_GENERAL AGGREGATE $1.000.000GENLAGGREGATELIMITAPPLESPERDoseDlereDlocPRODUCTS•COAP,OP AGG $1,000.000 $ 1:81 AUTOMO8ILE LAITY XXXXXXX XXXX XX XXXX XX COABSINED SNGLE LIMIT [Q sooro (Esc h Occurrence )$1,000.000 []a.owur os BOOILY NJURY $500.000[]scoueo uros (Pe r peran ) Do rros BOOY INJURY $250.000[]orioweo Auros pPer sccent)R PROPERTY DAMAGE $Per scdent) D GARAGE LIABtITY AUTO ONLY EA ACCIDENT s [souro OTHER THAN EA ACC s0AUTOONLYAGG$ D EXCESS/UMBRELLA LLAB tITY EAC H OCCURRENCE $ Dlocus Do»us woe AGGREGATE $ [loeoocnee $ $[]eereno s $ &WORKERS COMPENSATION AND D WCSTATU·DO::·EMPLOYERS'LIABILITY XXXXXXX XXXXXX XXXXXX TORY LITS ANY PROPRIETORPARTNEREXECU-EL EACOR ACCENT $100.000TNEOFFCERMEMBEREXCLUDED? I yes .de scribe under EL DISEASE -EA EMPLOYEE $100.000SPCALPROVISIONSetowELDISEASE.POLICY LIMAT $500,000 D OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED 8Y ENDORSEMENT I SPECIAL PROVISIONS The City of Miami Beach and Globa l Spe ctrum ,LP.db'a 0VG350 ('0VG 360 ),ther ofce rs.agen ts &emplo yee s are ind uded as add tona l insured.ht is furth er agreed that this insurance is pri mary to al othe r sim ilar covera ge care d by re City of Miam i Beach and 0VG360,and the licensee and their insura nce shall have no night of reco very or subrog aton against the Lice nso r.Cover ag e may not be canceled or a ma or change in cover age may not be impleme nted withoutat least thirty (30)days prior wntien notice given to Lice nsor . Event here,Date()Move-hn,8how,a Move-ob CERTIFICATE HOLDER CANCELLATION Ma mi Beach Co ven to n Cen ter SHOULD ANY OF TE ABOVE DESCRIBED POLICES BE CANCELLED 8EFORE THE 0V G360 EXPIRA TION DATE THERE OF,THE INSURER AFFORDI NG COVERAGEWILL ENDEAVOR TO 190 1 Conv ention Center Drive MAIL...DAYS WRITTEN NOTICE TO THE CERT IFICATE HOLDER NAMED TO THE LEFT, Mami Beach .FL 33139 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE S URER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 26 (2001/08)ACORD CORPORATION 1988 IM P O RT A NT If the certificate holder is an ADDITIONAL INSURED.the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED.subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAJMER The Certificate of Insurance on the reverse side of this form does not constitute a contact between the issuing insurer(s).authorized representative or producer.and the certificate holder,nor does it affirmatively or negatively amend.extend or alter the coverage afforded by the policies listed thereon. A CO R D 25 (2001/08) EXHIBIT "I" SERVICES TO BE PERFORMED BY GLOBAL AT COLLINS CANAL PARK With respect to Collins Canal Park,Global shall: Global shall perform the following maintenance:(i)provide sufficient staff to clean and clear the Project Sites of any litter and other unsightly items,pick up trash,empty trash cans, replace trash bags and picking up litter as needed throughout the day;(ii)provide sufficient staff to pressure wash all hardscape surfaces,seating areas and graffiti every three (3)month or as needed or at the Direction of the City;(iii)maintenance of the landscaping contained within the Project Sites,including but not limited to the replacement of landscaping,as needed,in the City's reasonable discretion;(iv)provide regular roving safety and security patrols on a twenty-four (24) hour basis,including,but not limited to:reporting suspicious activities,monitoring and responding to alarms,writing and maintaining incident reports detailing safety and security issues,provide visual and physical examination of park facilities,equipment and/or amenities to ensure compliance with safety and proper operation;and (v)prepare and use commercially reasonable efforts to comply with City Cleanliness Index (Exhibit "C"),Public Area Cleanliness Index (Exhibit D"),Grounds Maintenance Specifications and Appearance Index (Exhibit "D").Without releasing or excusing Global's maintenance obligations under subsections (a)i)and (ii)of this paragraph, the City,at its sole discretion,may undertake to maintain a portion or all of the landscaping at the Project Site,upon thirty days written notice to Global,thereafter releasing Global of any further obligation to maintain the landscaping responsibilities assumed by the City.In such case,there shall be no changes to the fees due to Global hereunder. The Director of the Economic Development Department of the City,or his or her designee, shall be designated as the "Contract Administrator"for matters concerning this Exhibit "I".The City agrees that a single person shall serve as Contract Administrator under the Agreement and Exhibit "I"and the City shall notify Global of the person who shall serve as Contract Administrator and of any changes in who serves as Contract Administrator. Global will use commercially reasonable efforts to ensure that the Project Maintenance Responsibilities meet the "Extremely Clean"standard as set forth in the Cleanliness Index for Streets,Sidewalks,Right-of-Ways,Parks,Parking and Alleys established by the City of Miami Beach,which are set forth in the attached Exhibit "C",with the exception that Global shall not be required to maintain the garbage cans located at the Project Sites. Global will be responsible for the maintenance program described herein,using commercially reasonable efforts to meet the City of Miami Beach GreenSpace Division Grounds Maintenance Service Technical Specifications for a Contractor,which are set forth in the attached Exhibit "D". EXHIBIT J INCENTIVE FEE STRUCTURE In addition to the Management Fee set forth in Section 4.1,the City shall pay to Global an annual Incentive Fee,as set forth here and in Section 4.3,for each Fiscal Year,to the extent earned as described below. The maximum amount of the annual Incentive Fee for any Fiscal Year shall equal the amount of the Base Management Fee applicable to such Fiscal Year as such Base Management Fee may be increased or decreased in accordance with the terms of Section 4.1,above ("Eligible Incentive Fee")The Incentive Fee, to the extent earned,shall be payable by City to Global upon completion of the audit for the applicable Fiscal Year.For Year 1 of the Agreement,the parties shall mutually agree on the benchmarks by November 30,2024. Following the end of each Fiscal Year during the Term,the City Manager shall assess Global's performance during such Fiscal Year and provide Global with a written report of the annual Incentive Fee calculation based on Global's performance in the following seven (7)categories: 1.Financial and Productivity (up to 40%of the Eligible Incentive Fee) Financial Incentive Fee.Each of the Gross Operating Revenue Target Benchmark,Net Operating Profit/Loss Benchmark and LPGR Benchmark shall be mutually agreed by the parties prior to each Fiscal Year and,unless otherwise mutually agreed,shall be the Gross Operating Revenue,Net Operating Profit/Loss and LPGR as reflected in the mutually agreed Operating Budget for the applicable Fiscal Year. Global shall qualify to receive up to 40%of the Eligible Incentive Fee for any given Fiscal Year,as follows:: (i)Revenue Target Benchmark (15%):Global shall be paid 15%of the Eligible Incentive Fee if total Gross Operating Revenues at the Facility in a Fiscal Year are equal to or greater than the Gross Operating Revenue Target Benchmark for the applicable Fiscal Year. (ii)Net Operating Loss/Profit Benchmark (15%):Global shall be paid 15%of the Eligible Incentive Fee if the Net Operating Loss in a Fiscal Year is equal to or less than the Net Operating Loss Benchmark (or,if applicable,the Net Operating Profit is equal to or greater than the Net Operating Profit Benchmark)for the applicable Fiscal Year.For the avoidance of doubt,for the purposes of defining a Net Operating Loss that is less than the Net Operating Loss Benchmark,a Net Operating Loss of ($5,000)is less than a Net Operating Loss Benchmark of ($10,000). (iii)Labor as a percentage of gross revenue (10%) (i)Labor as a percentage of gross revenue ("LPGR")shall be calculated by dividing all labor expenses for all personnel costs including salary,hourly,and temporary labor, and benefits costs over the Fiscal Year by the total Gross Operating Revenue over that same reporting period. (ii)Global shall be paid 10%of the Eligible Incentive Fee if LPGR is equal to or less than the LPGR Benchmark for the applicable Fiscal Year. 2.Customer Satisfaction.(up to 15%of the Eligible Incentive Fee) i.Customer service is the direct interaction and assistance provided to guests,event planners,and attendees for all experiences and events held at the Facilities.This indicator measures the level of overall customer service satisfaction with services provided by Global for all experiences and events at the Facilities.Customer satisfaction surveys shall be collected pursuant to Section 6.6 of the Agreement. ii.Assessment a.Global shall receive 15%of the Eligible Incentive Fee if the overall customer satisfaction score is at least 90%for the applicable Fiscal Year. b.Global shall not receive any portion of the Customer Satisfaction portion of the Eligible Incentive Fee (i.e.,this 15%component)if the overall customer satisfaction score is less than 90%for the applicable Fiscal Year. 3.Sustainability (up to 5%of the Eligible Incentive Fee). i.Sustainability is operating in a way that protects,preserves or restores the natural environment,promotes social equity,enhances the lives of people and communities and contributes to economic prosperity.In year 1 and on October 1 of each year of the Term thereafter,the parties shall mutually agree on a sustainability benchmark identifying the total water and total energy usage goals for the upcoming Fiscal Year (the "Sustainability Benchmark"). ii.For each year of the term,Global shall receive 5%of the Eligible Incentive Fee for such year if,based on the sustainability data compiled each year,Global meets the Sustainability Benchmark. 4.Facility Conditions/Maintenance/Repair (up to 15%of the Eligible Incentive Fee) i.Global shall maintain the Facilities pursuant to a City approved preventive maintenance system,with Global submitting quarterly reports detailing the execution of the preventative maintenance schedule for the applicable quarter as well as providing a preview of the preventative maintenance schedule for the upcoming quarter.Quarterly preventative maintenance schedules shall be submitted to the City by Global no less than thirty (30) days prior to the end of the applicable quarter. ii.Assessment:Global shall receive 15%of the Eligible Incentive Fee if Global has (1)timely completed all items identified in the quarterly preventative maintenance schedules for the applicable Fiscal Year and (2)received the City's written approval on all completed items for the applicable Fiscal Year. 5.Community Partnership (up to 5%of the Eligible Incentive Fee) i.Global shall receive 5%of the Eligible Incentive Fee each Fiscal Year if Global meets or exceeds its obligations under the Agreement.Community Partnership shall be calculated by measuring new strategic alliances formed between various local organizations,businesses,or individuals to achieve positive measurable benefits the sales,revenue and reputation of the facilities,over the fiscal year.The Annual Management Plan will indicate each measure and how that measure will be calculated. 6.Sales (up to 15%of the Eligible Incentive Fee) i.Priority 3 Bookings Global shall receive up to 8%of the Eligible Incentive Fee if Global exceeds the number of quality Priority 3 events and social events,as mutually agreed and defined in the City's Convention Center Booking Policy Guidelines,attached as Exhibit "B"hereto at the Facility(ies)(the "Sales Benchmark"),each Fiscal Year that are a direct result of Global Sales Employees.Prior to each Fiscal Year,the parties shall mutually agree on the Sales Benchmark,which shall describe the minimum number and quality of events Global must book in the upcoming Fiscal Year for Priority 3 bookings. ii.Hotel Partnerships To receive 3%of the Eligible Incentive Fee,Global shall collaborate with Miami Beach hotel partners to increase the number of quality Hotel Partner group bookings using space within the facilities.The Hotel Partner Bookings Benchmark shall be mutually agreed and established as part of the annual sales and marketing plan and finalized before the applicable fiscal year,taking into consideration the minimum attendance and types of events booked in the current fiscal year. iii.Great Miami Convention and Visitors Bureau To receive 4%of the Eligible Incentive Fee,Global shall collaborate with the City's destination marketing organization,the Greater Miami Convention and Visitors Bureau (GMCVB")to attract events and groups defined in the City's Convention Center Booking Policy Guidelines,attached as Exhibit "B".The goals shall be established as part of the annual sales and marketing plan and finalized before the applicable fiscal year,taking into consideration the minimum attendance and types of events booked in the current fiscal year.The GMCVB Benchmark shall be mutually agreed and based on a target number of future hotel room nights for definite bookings at facilities verified in the current fiscal year. 7.Marketing &Communications (up to 5%of the Eligible Incentive Fee) i.Global shall receive up to 5%of the Eligible Incentive Fee if Global has achieved 100%of goals in the mutually agreed annual marketing and communications plan that aligns with the GMCVB marketing and communications plan and shows relevant segmentation of marketing and communication initiatives that align with the City's goals for the Facilities. The mutually agreed annual marketing and communications plan will indicate each measure and how that measure will be calculated. EXHIBIT K MAP OF COLLINS CANAL PARK,COLLINS CANAL MANGROVES,CARL FISHER CLUB HOUSE AND ANNEX CONVENTION CENTER CAMPUS -FACILITY/FACILITIES PROJECT MAINTENANCE RESPONSIBILITIES Management,Operations,&Maintenance Additional areas of responsibility ~;Ji.;tac ±a."»gr «• • « ii MIAMI BEACH CONVENTION CENTER 18TH ST PARKING GARAGE CITY + j+'·······"· 7-"3.-.s Additional areas of responsibility:delineated in red Maintenance,management and operations of (1)Collins canal Park,(2)Carl Fisher Clubhouse,the landscaping and sidewalk areas along the entire frontage of the Convention Center,including (3)the entire frontage along Washington Avenue and (4)Convention Center Drive via the two (2)inner most travel lanes of Convention Center Drive,providing vehicular,pedestrian and curbside management;(5)south loading docks/service road from Convention Center Dr to The Fillmore. EXHIBIT L SURVEY AGREEMENT iii»tin,~o-.lini"" MIAMI BEACH CONVENTION CENTER Post-Event Evaluation Please provide us with feedback on your recent event that was hosted at the Miami Beach Convention Center. A)[807]CUSTOMER INFORMATION 1.[4867]Full Name: 2.[4870]Date(s)of Event: 3.[4871)Name of Event: [Personalized Data] [Personalized Data] [Personalized Data] )[813]MIAMI BEACH CONVENTION CENTER MEETING FACILITIES 1.[4963]Name of your MBCC Sales Contact:(cicks ee )vi [4964]Please rate your MBCC Sales Contact on the following.: Excellent 2.[4965]Knowledgeable 0 3.[4966]Responsiveness to your needs 0 4.[4967]Professionalism 0 5.[4968)Readily Accessible 0 6.[4969)Clarity of Information 0 7.[4970]Comments:rIIIII·-·-- Good Fair Poor 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0----··--------, I-d (4971] 8.[4972]Name of your MBCC Event Manager:{(Ciitoselect)__ (4973]Please rate your MBCC Event Manager on the following: Excellent Good Fair Poor 9.[4974]Knowledgeable 0 0 0 0 10.[4975]Responsiveness to your needs 0 0 0 0 11.[4976]Professionalism 0 0 0 0 12.[4977]Readily Accessible 0 0 0 0 13.[4978]-Pre-Event?0 0 0 0 14.[4979]-On-Site? 15.[4980]Clarity of Information 16.[4981]Comments: [4982] O 0 0 0 0 0 0 0 --·--iI [4983]Please rate the following Building Operations &Services: Excellent 17.[4984]Courtesy of building staff:0 18.[4985]Cleanliness of Facility 0 19.[4986)Accuracy of setups 0 20.[4987]Timeliness of setups 0 21.[4988)Building signage 0 22.[4989)Comments: C)[814]SMART CITY Good Fair Poor 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ·--··-·------"" Yes No 1.(4990]Did you use Smart City_(oryour 0 0 [branch 22694] internet or telecommunications needs? [4991]Please rate Smart City on the following.: Excellent Good Fair Poor 2.[4992]Knowledgeable 0 0 0 0 3.[4993]Responsiveness to your needs 0 0 0 0 4.[4994)Professionalism 0 0 0 0 5.[4995]Readily Accessible 0 0 0 0 6.[4996]Clarity of Information 0 0 0 0 7.[4997]Accuracy of setups 0 0 0 0 8.[4998]Timeliness of setups 0 0 0 0 9.[4999)Comments:,--1 i II i'd 0)[815]MIAMI BEACH CONVENTION CENTER AUDIO VISUAL SERVICES Yes No 1.[22694]Did you use Everlast Productions for Audio Visual services? 0 0 [branch 15544] [22695]Please rate Everlast Productions (audio visual services)on the following. Excellent Good Fair Poor 2.[22696}Knowledgeable 0 0 0 0 3.[22697]Responsiveness to your needs 0 0 0 0 4.(22698]Professionalism 0 0 0 0 5.[22699]Readily Accessible 0 0 0 0 6.[22700]C larity of Info rm ation 0 0 0 0 7.[2270 1}A cc ura cy of se t-ups 0 0 0 0 8.[22702]Ti m eliness of setup s 0 0 0 0 9.[23212 ]Courtesy of audio visual floor 0 0 0 0 opera tions sta ff 10 .[22704 ]Com m ents:1 ----------- Yes No 11.[15 544 ]D id yOu uSe IATS E Loca l 500 fo r your 0 0 (branch 5011) audio visual and_prod uction labo r needs? [15 54 5]P lease rate IA T S E Loca l 500 on the following: Excellent Good Fair Poor 12.[15 546)Punctuality 0 0 0 0 13 .[15 554 ]A ppeara nce 0 0 0 0 14.[15 54 8]Pro fess ionalism 0 0 0 0 15 .[15 549]Kn ow ledgeable 0 0 0 0 16.[15 550]A cc uracy of se tups 0 0 0 0 17 .[15 551]Ti m liness of setup s 0 0 0 0 18.[15 552]R eadily acces sible 0 0 0 0 19 .[15 553]C om m ents:r· II /} E)[816]SODEXO LIVE! Yes 1.[5011]D id_your event use S odexo Liye!Food &B eyerage Seryi ce s? [50 12 ]Please ra te th e S odexo Live!Food &Be vera g e Se rvi ce s on the following : 2.[50 13]wh o w as your Sodexo Li ve!co ntact?/(ciktoselecj No CO [ra n ch 15111] -v_____________) 0 3.[24562)If you selected 'Other',please list the --··•·-•--~------name of your Sodexo live!contact [5014]Please rate your Sodexo Live!Contact on the following: Excellent Good Fair Poor 4.[5015]Knowledgeable 0 0 0 0 5.[5016]Responsiveness to your needs 0 0 0 0 6.[5017)Professionalism 0 0 0 0 7.[5018)Readily Accessible 0 0 0 0 8.[5019)Clarity of Information 0 0 0 0 9.[5020)Comments: ___J (5021] [5022]Please rate Sodexo Live!Catering on the following: Excellent Good Fair Poor 10.[5023)Courtesy of catering staff 0 0 0 0 11.[5024)Food quality 0 0 0 0 12.[5025]Food presentation 0 0 0 0 13.[5026]Menu selection/variety/flexibility 0 0 0 0 14.[5027]Accuracy of setups 0 0 0 0 15.[5028]Timeliness of setups 0 0 0 0 16.[5029)Comments:r -7!I! I iidl--·--.- [5030) 17.[15111]Did you use concession services during_your meeting2 [5031]Pease rate Sodexo Live!Concessions on the following: Excellent 18.(5032]Courtesy of concessions staff 0 19.[5033)Food quality 0 20.(5034)Food presentation 0 21.[5035}Menu selection 0 22.[5036)Cleanliness and setup of outlets 0 Yes 0 No 0 [branch 5038] Good Fair Poor 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23.[5037]Comments: F)(817]OTHER RELATED MBCC SERVICES/CONTRACTORS 1.[5038]Public Parking 2.[5039]Valet Parking 3.[16704]Visit Miami Beach Information Center 4.[504 2]M iam i Be ach Fi re M arshal 5.[5043]M iam i Beach Police 6.[5044 ]General Contractor/Decorator Labor 7 [5045]G eneral C ontractor/D eco ra tor Co m pan y_U se d:. 8.[24393]Since you ch ose,O th er,please list [ th e G eneral C ontract or/D eco ra tor La bo r co m pany you used . Excellent Good Fair Poor 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (ck toselect)·-----·-----·----·· ...----------«··- J Excellent Good Fair Poor 9.[5046]Ex hibition E lectri ca l Serv ice s 19 ,[504 7]Ex hibition E le ctri ca l Serv ice s C o m pan y_U sed ." n1.2 4so4 se you co s ,on er.e ase st [_y th e Ex hibitio n Electri cal Se rv ice s co m pany you use d . 0 0 /(Ciick to S el ec t) 0 0 '----------·-·"'I Excellent Good Falr Poor 12 .[5048]E vent Sec urity C ontr actor 13.[504 9]E vent S ec urity Co ntract or Co m p any Used : 14 .[24395]S ince you ch os e,Oth er,please list th e Event Secu rity C ontractor you use d. 15 .[5050}Pl ease lis t any co m m en ts you m ay have regarding M B C C Se rv ices and/or C o ntractors: 0 (Click to Select) 0 0 0 ···-------..'I Il__ G)[818]OVERALL IMPRESSION OF THE MIAMI BEACH CONVENTION CENTER Excellent Good Fair Poor 1.[505 1]P lease rate overall pe rform ance of the M B C C : 0 0 0 0 Yes No Maybe 2.[5052)Would you consider returning a future event to the MBCC? 3.[9862)If no or maybe,please explain: 0 0 0 IIl (start clo sing section -shown afte r survey is submitted) Thank you for participating In our survey.We look forward to the opportunity to serve you once again! Should you ever have any questions about our building and our services,feel free to visit our website at www.miamlbeachconvention.com. Follow us on:u 3AO (end closing sec tion) "indica tes require d info rm atio n oonae O eAutoFeedback ·2002.2024 eAuoeedbak LLC AJi ghts reserved Fog problems.quesbons.or comments ontac! Sup9pot1@eautotecdbacd±.com