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2012-065-1660 - Jazz in the Gardens 2013 with Signed AEG Contract  1515 NW 167 Street, Building 5 Suite 200    Miami Gardens, Florida 33169    City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 25, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund‐ Events & Media Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #:NA X Sponsor Name Mayor Shirley Gibson Department:Events & Media   Short Title:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A 2013 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL CONTRACTS AND TO RETAIN CONSULTANTS, AS MAY BE NECESSARY AND APPROPRIATE, FOR THE PRODUCTION OF THE EIGHTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN MARCH 2013; PROVIDING FOR A WAIVER OF BID PROCEDURES FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.   Staff Summary:    The City is looking forward to celebrating the Eighth Annual Jazz in the Gardens event in March 2013 at  Sun Life Stadium. This music festival is not just a concert; it is a high‐class event that has put Miami  Gardens on the map as a thriving City and destination, showcasing its people, cultures, and businesses.  This year approximately 48,000 people attended the planned events.     ITEM K-1) CONSENT AGENDA RESOLUTION 2013 Jazz in The Gardens   1515 NW 167 Street, Building 5 Suite 200    Miami Gardens, Florida 33169    The Jazz in the Gardens music festival has become one of the premiere spring events in the southeastern  region of the United States. Based on the overwhelming response received in past years, Jazz in the  Gardens has strategically positioned itself as a national event, rapidly gaining increased recognition and  visibility.  To capitalize on this momentum, staff would like to begin planning for the 2013 event. This is  critical in order to properly solicit sponsors nationally while capitalizing on the energy generated by the  success of the 2012 event.  In addition, generally speaking, national sponsors require one year  timeframe to properly vet and review events of this magnitude.  That entails having a clear  understanding of the sponsorship levels and financial commitments to properly engage as a sponsor.  This will also allow us to foster better relationships with current and new partners, vendors, and key  stakeholders.     It is staff’s goal to have a production contract executed no later than May 14, 2012.  Staff intends to  work with 2012 Jazz in the Gardens event producer AEG Live to coordinate all the necessary services  (stage, light, sound, talent, website, etc) on the City's behalf. We anticipate that performing artists,  advertising, marketing and expenditures in several areas will exceed the City Manager's authority as  prescribed under the City’s Purchasing Ordinance. If staff is required to bring each of these matters back  to Council for approval, we would have difficulty negotiating the various agreements for these services  in a timely manner.  As such, we request authorization to allow the City Manager to exceed his  purchasing authority, as it relates to the expenditures for the 2013 Jazz in the Gardens events.      Proposed Action:    It is recommended that City Council authorizes the City Manager to negotiate and execute contracts as  necessary and appropriate for the production of the Eighth Annual Jazz in the Gardens in March 2013;  allowing a waiver of bid procedures, for purchases made in connection with the event, and authorizes  the City Manger to exceed his purchasing authority, as may be necessary.     Attachment:    None.  PRODUCTION AGREEMENT/JAZZ IN THE GARDENS 2013 THIS AGREEMENT is executed this iH day of June, 2012, between AEG Live SE LLC, having an address of 1800 Australian Avenue, South, Suite 201, West Palm Beach, Florida 33409 (hereinafter "Contractor") and the City of Miami Gardens, Florida, having an address of 1515 N.W. 167th Street, Suite 200, Miami Gardens, Florida 33169 (hereafter the "City"). WHEREAS, the City conducts an annual "Jazz in the Gardens" event to promote and reflect the community of the City of Miami Gardens for both residents and tourists within South Florida; WHEREAS, the City conducted a similar event in previous years; WHEREAS, the City has decided that its goals can be advanced by conducting a similarly themed two or three-day weekend event in March, 2013, or on alternate dates as may be necessary (the "Event"); WHEREAS, the City has identified the venue as Sun Life Stadium, located at 2269 Dan Marino Boulevard, Miami Gardens, Florida 33056; WHEREAS, Contractor offers the expertise and services necessary to meet the planning, logistical, technical and management needs to conduct the Event; and NOW, therefore, in consideration of the mutual covenants and conditions hereinafter stated, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the City and Contractor covenant and agree as follows: 1. The aforementioned Whereas clauses are hereby incorporated herein by reference, and made a part hereof. 2. Engagement: The City hereby engages Contractor as an independent contractor to perform the services described in this Agreement and Contractor hereby accepts and agrees to perform such services as an independent contractor. 3. Term: The term of this Agreement shall commence on the date of its acceptance and execution by the parties and shall continue until confirmation of the Final Settlement (as defined below) unless otherwise terminated by its terms or by mutual agreement of the parties (the "Term"). At the mutual agreement and convenience of the parties, the parties reserve the right to renew this Agreement on an annual basis. 4. Services: The services ("Services") to be provided by Contractor shall consist of services typically provided by talent buyers and music festival producers (as those terms are generally used in the music concert industry in the United States) and ancillary events as specifically set forth on Exhibit "A" attached hereto and incorporated herein. a. Artist Contracts: As part of the Services, Contractor shall negotiate, on behalf of the City, with artists and their agents in order for City to obtain contracts with the artists. City acknowledges and agrees that Contractor shall not be a party to or signatory of any such contracts and shall merely be acting as an agent for City having the authority to confirm terms with artists and/or their agents without having any liability in connection therewith. The parties agree and acknowledge that Contractor shall use its best efforts to procure artists to play at the Event. Contractor and City shall mutually develop a list of proposed artists for the Event bearing in mind that the present budget approved by the parties provides for a range of $632,000 to $1,200,000, as the total amount to be paid for talent for the Event. Using the agreed upon list. Contractor shall approach artists' agents for the purpose of determining artists' availabilities to perform at the Event. The City reserves the right to make the final determination as to the amounts paid for talent. Upon written authorization from the City, Contractor shall make offers to an artist's agent or representative and negotiate terms and conditions of the artist's appearance, while continuously consulting with City in connection therewith. Such negotiations shall deal with the cost of talent, basic and material terms of the artist's contract and rider (copies of which will be delivered to City), travel expenses and any other costs or conditions associated with the artist's appearance at the Event including any Force Majeure provision and the provision for a fifty percent (50%) deposit to be made to the artist's talent agency's trust account within ten (10) business days of execution of the artist's contract and the remaining fifty percent (50%) of the artist's compensation to be paid no later than two (2) weeks prior to the Event. The City will issue all deposits, payments and compensation directly to artist and/or artist's agent. After Contractor provides the negotiated terms to City and receives written authorization from City to move forward with such artist. Contractor may book and confirm (which may be oral) the artist on the terms agreed upon by City in its authorization. After such booking is made. Contractor shall forward to the City for execution the standard agreement from the artist's talent agency with any appropriate suggested changes. 5. Budget: Attached hereto and incorporated herein as Exhibit "B" is a budget. The budget ranging from two million dollars ($2,000,000) to two million three hundred thousand dollars ($2,300,000) is agreed upon by the parties for the costs associated with securing the materials and services (including Artists) required for the Event (the "Budget"). Contractor will not incur any expenses for the Event which are not reflected in the Budget unless specifically pre-authorized in writing by the City. City shall be solely responsible for paying all mutually-approved costs and expenses associated with the production, presentation and management of the Event as reflected in the Budget (collectively, "Approved Costs"). In connection therewith. City shall advance cash to Contractor to cover Approved Costs within ten (10) business days of receipt from Contractor of an invoice for any such amount which invoice shall include a copy of the purposed contract to be entered into by Contractor with the applicable vendor. Contractor will not execute any vendor agreement unless and until it receives payment from the City of the full amount of the costs associated with each contract (collectively "Cash Advances."). Contractor shall utilize such Cash Advances for the sole purpose of paying Approved Costs. Notwithstanding any other provision in this Agreement, Contractor shall have no obligation to incur or pay any Approved Cost set forth on the Budget or perform the corresponding Services until such time as Contractor has received the corresponding Cash Advance from City to cover such Approved Cost. In the event Contractor advances funds to pay Approved Costs (which Contractor shall have no obligation to do under this Agreement), then City shall promptly (within three (3) business days) reimburse Contractor for such Approved Costs paid by Contractor upon request by Contractor. City shall provide Contractor with a written response to any Change Orders proposed by Contractor, or to the proposed cost of a Change Order ("Change Order Cost") within two (2) days after City receives notice from Contractor; provided that City shall be deemed to have approved any Change Order or Change Order Cost proposed by Contractor if City fails to timely provide such written response; once the City has forwarded a Cash Advance to Contractor for payment in full of any specific Approved Cost, the City shall only be obligated to make further payments to Contractor with respect to such Approved Cost in the event the City makes a "change order' with respect to such Approved Cost. 6. Pledge of Credit: CONTRACTOR shall not pledge the City's credit or make it a guarantor of payment or surety for any contract debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. However, City agrees and acknowledges that Contractor is entering into agreements for the benefit of the City and that City has agreed to pay all Approved Costs associated with such contracts. 7. Accounting: Contractor will provide the City with a full accounting of attendance. Approved Costs and revenues from vendors, food, sponsorship and merchandise sales, and other matters relating to the Event within forty-five (45) days after completion of the Event (the "Final Settlement"). The Final Settlement shall include a detailed financial accounting of all Approved Costs and supporting documentation. The Final Settlement will be binding upon the parties unless City presents to Contractor written notice of disagreement with the Final Settlement within sixty (60) days after receipt thereof specifying in reasonable detail the nature and extent of the disagreement. From the date hereof and for a period of three (3) years after receipt of the Final Settlement, Contractor shall provide City, with full and complete access during regular business hours to the its Event-related books and records to inspect and copy, and to perform, at the discretion of City, audits or reviews of such books and records. 8. Citv Responsibilities: City shall: (a) work with Contractor to develop and approve any changes to the Approved Budget; (b) provide information needed by Contractor to provide the Services in an efficient manner; (c) not engage any other consultant to perform the Services of Contractor hereunder without Contractor's prior consent unless the City terminates this Agreement in accordance with Paragraph 10; (d) promptly notify Contractor about any Change Orders proposed by City; and (e) comply with the terms of all vendor agreements 9. Consideration: As consideration for the Services, City shall pay Contractor a fee in the amount of Two Hundred and Twenty Thousand Dollars ($220,000) (the "Producer's Fee"). Such amount shall be paid as follows: twenty-five percent (25%) within seven (7) business days of the date of execution of this Agreement, twenty-five percent (25%) by no later than August 6'^, 2012, twenty-five percent (25%) by no later than December 9, 2012, and twenty-five percent (25%) by no later than April 2, 2013. 10. Termination: The City shall have the right to terminate this Agreement without cause. In such event, CITY agrees to reimburse CONTRACTOR for all expenses incurred in connection with the performance of its duties hereunder. If the CITY terminates the Agreement pursuant to this paragraph, CONTRACTOR shall be entitled to retain the amount of the Producer's Fee paid up through the date of termination. Contractor shall use commercially reasonable efforts to secure a refund of any vendor fees paid to the date of termination and any such amounts shall be returned to the City. Either party shall have the right to terminate this Agreement based upon any material failure of the other party to perform its duties hereunder, provided that the terminating party shall be required to provide the non-terminating party with a written notice specifying its basis for such termination and providing an opportunity to cure the material default at least fifteen (15) days prior to the date designated for termination. 11. Ownership: Contractor acknowledges and agrees that any and all logos created for the Event shall be exclusively and solely owned by the City of Miami Gardens. Upon conclusion of the Event, Contractor agrees to turn over all such logos in its possession to the City of Miami Gardens. Contractor shall not use the logos of "Jazz in the Gardens;" or any of the logos associated with the Event, without the express written approval of the City. CONTRACTOR shall not host or contract for any events associated with Jazz in the Gardens, without the prior written permission of the City. At the conclusion of the Event, Contractor will provide City with all materials, products or all other materials from the Event paid for by the City as part of the Approved Costs. 12. Insurance: City shall provide and maintain general liability insurance coverage, including what is generally known as "spectator liability", for personal injury and property damage in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit per occurrence, protecting the City, its officers, agents and employees against any and all liability due to death, injury or damage to property resulting from, arising out of, or any way incidental to the Event and/or any act or omission of City, its employees agents, servants, patrons, guests or invitees. Such liability policy of insurance shall designate the Contractor as an additional insured and City shall deliver a certificate to that effect, evidencing no less than a thirty (30) day cancellation notice. Contractor shall not allow the commencement of work at the venue until all insurance required as stated herein has been obtained and the Contractor has approved such insurance. Contractor shall provide and maintain business automobile liability insurance with a limit of not less than $2,000,000 per occurrence combined single limit for bodily injury and property damage and covering all owned, non-owned and hired vehicles. City shall be named as an additional insured on the aforementioned insurance policy. Contractor shall also provide City with proof that Contractor has workers' compensation insurance which satisfies the requirements of Florida Law, for any employee of the Contractor. Contractor shall provide and maintain a media policy of errors and omissions insurance in the amount of Five Million Dollars ($5,000,000.00) combined single limit per occurrence, protecting the City, its officers, agents and employees against any and all liability arising from any errors or acts of omission committed by Contractor or Contractor's officers, agents, or employees connected with media placed or produced by Contractor for the Event. 13. Indemnification: a. Contractor agrees to defend, indemnify, save and hold harmless the City and its officers, agents and employees from any claim, demand, suit, loss, cost or expense for any damages which may be asserted, claimed or recovered against or from City or its officers, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of or is connected with Contractor's acts or omissions, except to the extent arising out of any act or omission of City or any third party and its or their employees. This indemnification shall include any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof, including appeals. This indemnification shall include any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof, including appeals. Nothing contained herein shall be deemed a waiver of sovereign immunity by the City. b. To the extent permissible by law or as provided by the insurance obtained by City in accordance with Section 12 above. City agrees to defend, indemnify, save and hold harmless the Contractor and the Contractor's officers, agents and employees from any claim, demand, suit, loss, cost or expense for any damages which may be asserted, claimed or recovered against or from Contractor or Contractor's officers, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of the Event or any act or omission of the City or any of its employees except to the extent arising out of the acts or omissions of Contractor or its employees. This indemnification shall include any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof, including appeals. One percent (1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing herein shall be deemed a waiver of sovereign immunity. 14. Necessarv Personnel: CONTRACTOR represents that it has or will secure all necessary personnel required to perform the Services CONTRACTOR will not be responsible for persons employed or contracted by the CITY to assist with the Event. City understands that festival staffing, including but not limited to box office personnel, ticket takers, stage personnel, and other venue staffing shall be paid by the City separate and apart from the fee to be paid to Contractor. Contractor will provide preliminary estimates of staffing and volunteer needs, with their primary areas of assignments as part of the initial Event Plan. A more accurate estimate of staffing/volunteer needs, assignments and estimate will be provided to the City a minimum of 3 months before the Event, for City's review and approval. 15. Labor/Supplies: The City shall not be responsible for payment for any supplies, labor, taxes, licenses, permits, overhead, or any other expenses or costs (not including the Producer's Fee) incurred by Contractor, unless such expense or costs is incurred by Contractor as part of the Approved Costs or with the prior written approval of the City Manager, or his designee. 16. Notices: Every notice, demand, direction, consent, or approval, request and other communication required or permitted hereunder shall be made in writing sent by certified United States Mail, postage pre-paid, return receipt requested, or by overnight delivery by a nationally recognized delivery service, or by hand-delivery to the parties at the address indicated below If to the City: Dr. Danny Crew, City Manager 1515 N.W. 167'^ Street, BIdg 5, Suite 200 Miami Gardens, Florida 33169 With a copy to: Sonja Dickens, City Attorney 1515 N.W. 167'^ Street, BIdg 5, Suite 200 Miami Gardens, Florida 33169 If to AEG: Scott Gartner 1800 Australian Avenue South, Suite 201 West Palm Beach, FL 33409 17. Force Maieure Event: Either party's failure to fulfill its obligations hereunder due to act of God including, without limitation fire, casualty, physical disability, the acts or regulations of party public authorities, interruption or delay of transportation services or any other cause, of a similar nature beyond that party's control, (each a "Force Maieure"). shall not be deemed a breach of this Agreement. Furthermore, City may elect to cancel the Event following the occurrence of a Force Majeure that prevents the Event from proceeding on the chosen Event dates. If the Event is cancelled by reason of Force Majeure then contractor shall retain any payments of the Producer's Fee made to the date of termination and: (a) if such cancellation takes place less than thirty (30) days prior to the scheduled Event, City shall be obligated to pay Contractor Twenty Seven Thousand Two Hundred Fifty Dollars ($27,250.00), which constitutes one half of the fourth and final installment of its Producer's Fee by no later than April 2, 2013; or (b) if the Event is canceled due to Force Majeure on or before September 26, 2012, the City shall be obligated to pay to Contractor the third installment of its Producer's Fee on or before September 26, 2012, but shall not be obligated to make payment of the fourth (and final) installment of the Producer's Fee. Regardless of the cancellation date. Contractor shall complete any and all deliverables pursuant to the Agreement to the extent such deliverables cannot be cancelled and such "deliverables" constitute personal property purchased on behalf of the City, and shall use commercially reasonable efforts to secure a refund of any vendor fees paid to the date of termination and any such recovered amounts shall be returned to the City. 18. Independent Contractor Status: Nothing contained in this Agreement constitutes or creates an agency relationship, a partnership or a joint venture between or among the parties; and the parties intend their relationship to be that of independent contractors with respect to the Event and no party is authorized to bind the other party except that Contractor may execute agreements on behalf of City in accordance with this Agreement. City shall assume all obligations under such agreements and Contractor shall assume no obligations or have any liability with respect thereto. Each party shall be responsible for its own personnel's wages, federal, state and local income taxes, worker's compensation insurance and travel related expenses. Each party shall indemnify and hold harmless the other from any such liability for contributions, federal, state and local taxes, payments or other obligations related to employees of the other party. 19. Required licenses: CONTRACTOR and the person executing this agreement on behalf of CONTRACTOR warrants to the CITY that CONTRACTOR possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Dade to perform the Services. 20. Compliance with law: Contractor agrees to comply with all laws, statutes, ordinances, rules, and regulations of the United States, the State of Florida, Miami- Dade County, the City of Miami Gardens, and any other governmental body with applicable jurisdiction. 21. Nonassiqnabilitv: This Agreement shall not be assigned by either party without the prior written consent of the other. 22. Venue/Laws: This Agreement shall be interpreted and governed by Florida Law. Any actions, suits, or claims that may arise pursuant to this Agreement shall be brought and venue shall lie in Miami-Dade County, Florida. 23. Waivers: No consent or waiver, whether expressed or implied, by either party to this Agreement to any breach or default by the other party in performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or for any other breach or default in performance by such other party of the same or any other obligation of such party hereunder. Failure on the part of either party to complain of any act or failure of the other party to this Agreement or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder. 24. Rights and Privileges: All rights, privileges and remedies afforded the parties by this Agreement shall be deemed cumulative and not exclusive. In the event of a breach of or other failure to perform as required under this Agreement, the party not breaching or defaulting shall, in addition to all rights and remedies hereunder provided, have all rights and remedies available in law or in equity. 25. Severabilitv: If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable by a court of competent jurisdiction, such results shall not affect the other terms and provisions of this Agreement or applications thereof which can be given effect without the relevant term, provision, or application, and to this end the parties agree that the provisions of this Agreement are and shall be severable. 26. Prior Statements: No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 27. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties' further intention that this Agreement be construed liberally to achieve its intent. 28. Exhibits: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted and initialed by both parties or attached hereto shall control all printed provisions in conflict therewith. 29. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. 30. Attorneys' fees: Should any dispute arise hereunder, the prevailing party shall be entitled to recover against the nonprevailing party, all costs, expenses and attorney's fees incurred by the prevailing party in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney's fees through all appeals or other actions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. SIGNATURES TO FOLLOW City of Miami Gardens v</jy/i- Danny Crew, City Manager Date • %<» Ronett^'Taylor, MMC, City Clerk ^ r~,- .0 Approved j(o form and legal Sufficiencv' Sonja K. Dickens, City Attorney Contractor AEG Live SB LLC By: U Print Marne: Jonn Valentino Title:/SenioXvice President Date CORPORATESEAL 10 EXHIBIT "A" SERVICES Executive Contractor - Coordinate all aspects of Jazz in the Gardens 2013 - Be available for site surveys and City of Miami Gardens meetings - Maintain financial budget for event Talent Acquisition: - Research and compile list of potential performers for event - Submit all offers for headline talent on behalf of The City of Miami Gardens - Research and compile list of potential emcees - Contract amendments Radio Partner: - Enlist National Radio host for promotional opportunities and on site presence Site Layout - Develop overall event layout - Secure suggestions and implement site upgrades if necessary Site Operations - Confirm all production including hospitality trailers - Procurement of all portable bathroom facilities both backstage and throughout festival event site - Golf cart/vehicle rental - All necessary generator rentals for both main stage and event facilities - All power distribution throughout the event Stages - Confirm main stage structure with load bearing roof - Secure delays stacks for audio feed throughout festival site per 2012 specs - Secure staging company for custom areas including grandstand - ADA approved ramp and access to main stage area - Custom stage decor package Backline 11 - Secure all necessary back line and stage instruments per Artist technical riders - Secure full backline crew for duration of event Main Stage Audio - Confirm main audio company for sound system - Front of house mix position with video camera platforms Delay Stacks - Place audio delay stacks within festival area Lighting - Confirm concert lighting package per Lighting Designer specs consisting of conventional and moving light package - Event area lighting Video Contractor: - Select video producer to coordinate all large screen/video formats on main stage - Video producer to coordinate/publish video script for the entire event Video Screens - Confirm main stage and audience large screen/video production - Install plasma screens throughout Sponsor Tent per 2012 specs - Video cable runs through the event site Technicians - Secure staff for all sound, lighting, back line, and video applications for main stage as well as festival area - Secure stage management crew to oversee all technical/logistical stage details and advance with artist management Stage Hands - All necessary stagehands for set and strike, as well as show call for main stage Volunteers: - Hire volunteer coordinator to recruit and oversee volunteer staffing and applications Catering - Enlist caterers for backstage catering area for all artists and local crew Hospitality - Secure staff to fill all artist catering and dressing room hospitality 12 - Local crew meals to be provided on an as needed basis Sponsorships / Sponsors - Hire sponsorship coordinator and structure financial compensation package for solicitors - Full build out of sponsorship garden and decor - Engage sponsor director to target new brands - Engage current sponsors Web Design: - Hire web designer to update and maintain www.jazzinthegardens.com web site Marketing - Engage marketing firm to coordinate all media purchasing - Marketing campaign to include all internet/on line marketing avenues - Marketing company to emphasize promotional giveaways and trades with all media outlets Public Relations - Engage a public relations staff to coordinate all inter/intrastate promotional programs - Oversee all press releases Destination Management Company: - Utilize a DMG company to oversee all travel packages - DMG Company to manage travel micro site within website - DMG company to implement group sales plan and group sales incentives Golf Tournament - Confirm staff to coordinate and plan golf tournament. - Select venue for golf tournament - Solicit potential sponsors for golf tournament Financial: - Maintain accurate billing with monthly update to City of Miami Gardens Vendors - Hire vendor coordinator to oversee all booth sales for both nonprofit and concessionaires The Services specifically exclude ticketing and any sale of tickets to the Event. 13 EVENT BALANCE SHEET Attachment B - 2013 Jazz in the Gardens Proposed Budget Category Description 2013 Budget Actual EVENT COSTS TALENT Talent Saturday Headline ]^BAct ^ B Act ^ B Act CAct s $ $ $ $ 230,000.00 65,000.00 35,000.00 , 11,000.00] 8,000.00 Talent Saturday Total $349,000.00 $ Talent Sunday Headline $284,000.00 BAct s 80,000.00 BAct $70,000.00 BAct $15,000.00 CAct $7,500.00 Independent $1,000.00 Independent $1,000.00 Independent $1,000.00 Host $5,000.00 Talent Sunday Totali 464,500.00 $ 1.-,EVENT TALENT TOTAL $813,500.00 $ |PRODUaiON & LABOR jStage Rolling Risers $ s Total Stage & Grandstand $ 90,000.00 5,225.00 95,225.00 $ J-ights^otalJ_^ Sound f- L 27,000.00 _27j000j00^ T Sound Total $ L.E.D. Walls & Towers Video/Camera Crew mmmmmmmw-r L.E.D. Walls & Twrs VId/Cam Total Jackllne Equipment Rental Pati Labelle Backline Generators Fuel Backline Equip Total 34,000.00^ 34,000.00 $ 57,500.00 57,500.00 $ 22,500.00 UiSOOJiO. $ Generators Total Permits 29,000.00 3,970.00 32,970.00 $ 5,600.00 I Permits Total Stagehands/Loaders/Spotlight Operators Stagehands/Loaders/Sptlight Oprs Total $ 5,600.00 1 $ 1 $ 125,000.00 $ - $ 125.000.00 S 1 Sponsorship Coordinator Production Show Crew Production Design & Bulldout Hotel & Travel Management Ticket .Sales rommlssinn $ 55,000.00 1 Confidential 6/14/2012 Page 1 EVENT BALANCE SHEET Attachment B - 2013 Jazz in the Gardens Proposed Budget Category Description 2013 Budget Actual Vendor Management $15,000.00 Site Management $7,500.00 Dressing Room Coordinator & Staff $- Talent Liaison & Assistants $2,500.00 Production Office Personelle $2,050.00 Usher & Security Manager $5,000.00 Volunteer Coordinator $3,500.00 Event Production Liason $40,000.00 Script Writer $- Runners $3,150.00 Staffing Salaries Total $86,200.00 Production Hotels Golf Carts Production Hotels Total Golf Carts Total. $ rolumeers - Food, Drinks, T-Shirts, Payout T-Shirts Volunteers Total $ 5,400.00 5,400.00 $ 3,825.00 3,825.00 $ 700.00 700.00 $ Golf Trophies/Prizes Signage Golf Parking Golf Shirts/towels Course fees Food and Beverage Golf Total Local Ground ^ n Padrino Limo Bond Limo Rental Vans Transportation runners Transportation coordinator Gas/Misc. expenses Local Ground Total 17,000.00 2,430.00 2,600.00 2,500.00 1,600.00 700.00 26,830.00 Hotels Shula's Additional Hotel ParthnerTBD Catering Production Catering Mon-Fri Volunteer Food Dressing Room Hospitality Sponsor Garden Catering Artists Buyouts $ $ Hotels Total $ 25,000.00 20,000.00 45,000.00 $ 8,820.00 3,045.00 2,900.00 50,000.00 ressing Room Trailers William Scotsman Production RV Friendly John Water Tanks Aventura Plumbing $ Catering Total $ 3,600.00 68,365.00 $- i S 13,000.00 $- S 2,050.00 $4,500.00 Confidential 6/14/2012 Page 2 EVENT BALANCE SHEET Attachment B - 2013 Jazz in the Gardens Proposed Budget Category Description Budget 2013 Actual III '' Dressing Room Trailers Total $19,550.00 $ ^ '- nn n Dresssing Room Site Prep Dressing Room Supplies $3,000.00 Dressing Room Hospitality $1,000.00 Mic. (Ice)$150.00 Rent-A-Center $2,000.00 Sanitizers $250.00 Dressing Room Site Prep Total i 6.400.00 Misc. Additional Production Piano tuner $360.00 Stage Supplies $1,600.00 Additional Security $700.00 Misc. Additional Production Total $1,960.00 $ Engineer & Staffing Flights $- _ Engineer & Staffing Flights Total 1 $-$ t/enue Stadium Costs (Net)$230,000.00 Stadium Sponsorship $(100,000.00) Phone & Internet Charges $- Diamonette $115,000.00 All Star Porta-Toilets $20,000.00 Decor $27,000.00 Insurance $16,000.00 ..r = ^ . Venue Total $308,000.00 producer Fees f Producer Contract Witscellaneous Producer Fees Total 220,000.00 220,000.00 $ 4 Photographers $8,000.00 DJS $3,000.00 Credentials (laminates, parking, wristbands)$5,000.00 I 4 Program Book :$7,500.00 « J Additional Printing (signage and Tickets)$3,300.00 I i Touch Poll ,$3,575.00 "f Pack Rat Storage $250.00 4 Sponsor Tropies $700.00 Miscellaneous Total_^$31,325.00 Women's Impact Luncheon Luncheon Total $ 40,000.00 40,000.00 I $ Press Conference Audio PSAV (lighting) $ S Press Conference Total $ 600.00 400.00 1,000.00 $ S p o n s o rsRT^offee"^^^""'"" Sponsor Reception Sound Food and Beverage Wristbands Cash Sponsorship from FLCVB Sloree Total $ $ $ $ $ 1,950.00 4,000.00 5,950.00 $ feiomotionaLVideo/Camera Crew, Confidential 6/14/2012 Page 3 EVENT BALANCE SHEET Attachment B - 2013 Jazz in the Gardens Proposed Budget Category Description Budget Actual Marketing Circle of One Contingencyjcon fmM Contingency Totai $ 1 $200,000.00 $200,000.00 S - $ $-$- REVENUES !Box Office ! Credit Card Fees Sponsorship Commission Box Office - Net Total $ Sponsorship - Net Totai $ Food Vendors Food Vendor Payments Food Vendor Stadium Buyout Food Vendors-Net Totai S lVl?RRan9is?^Jen9or?"^^""^^""^ Merchandise Vendor Payment Merchandise Vendor Stadium Buyout Merchandise Vendors - Net Totai $ Misceiianeous Revenue Streams Service Fee Rebate per paid ticket @ .50 ^IP Portolet Access lazz in the Gardens pre-party $ $ $ Miscellaneous Revenue Streams - Net Totai S- ——————1^—■■ Merchandise Sales Sponsor Garden Tables Women's Impact Luncheon rDCGrjfift ATM Revenues Sonic Bids Projected 2,100,000.00 2,100,000.00 $ 450,000.00 i (90,000.00) 360,000.00 $ Actual 120,000.00 (30,000.00) 90.000.00 S 55,000.00 (32,000.00) 23,000.00 $ zu,uuu.uu 7,000.00 600.00 RF\/FN1)F 20,000.00 16,200.00 5,000.00 3,500.00 , 16,000.00 18,000.00 mm PROFIT/LOSS 356,300.00 $ Confidential 6/14/2012 Page 4