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.
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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.
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"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.
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"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
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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
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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.
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2.
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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
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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."
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(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
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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
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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."
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(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
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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;
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(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]
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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,
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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.
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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
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$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
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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,
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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
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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
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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.
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(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
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(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
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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
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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
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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
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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.
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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.
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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).
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(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,
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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).
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(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.
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(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
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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.
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(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
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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,
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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.
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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).
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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
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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.
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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
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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
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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
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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
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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.
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(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
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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
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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
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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
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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
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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
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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.
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