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Grand River Center Management Agreement with Global Spectrum, L.P. d/b/a OVG360 ApprovalCity of Dubuque City Council Meeting Action Items # 03. Copyrighted March 20, 2023 ITEM TITLE: Grand River Center Management Agreement with Global Spectrum, L.P. d/b/a OVG360 Approval SUMMARY: City Manager recommending approval of the Grand River Center Management Agreement between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo RFP Supporting Documentation Agreement Supporting Documentation OVG Proposal Supporting Documentation Presentation —Uploaded 3.20.23 Supporting Documentation THE CITY OF 1-6-7 Dubuque DUB TEE All-fimerica Ciq 1.1.11 Masterpiece on the Mississippi 2007-2012-2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grand River Center Management Agreement Between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360 Approval DATE: March 16, 2023 Leisure Services Manager Marie Ware is recommending approval of the Grand River Center Management Agreement between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360. The Grand River Center Conference and Education Center Operations Management Services RFP was released to solicit sealed competitive proposals from qualified professional management firms capable of providing a full range of comprehensive management services with a well -proven track record of services consistent with generally accepted operation of a first-class conference and education center. The RFP Committee was approved and consists of the following members: Marie Ware, Leisure Services Manager Cori Burbach, Assistant City Manager Jason Lehman, Assistant City Attorney Keith Rahe, Travel Dubuque Julie Kronlage, Travel Dubuque Jared Charland, Project and Facilities Manager Three firms submitted proposals. The unanimous, highest ranked firm chosen based upon all aspects of the RFP and meeting the City's goals and objectives is OVG360. OVG360 is a division of Oak View Group (OVG). OVG360 is a full -service venue management and hospitality company. Late last year, OVG completed an acquisition of Spectra, growing their venue management and booking portfolio to over 230 venues, including 59 convention centers, with most of their clients being public entities including cities, counties, and states. In Iowa, OVG has management agreements with three convention centers: the Community Choice Credit Union Convention Center and Hy- Vee Hall at the Iowa Events Center, both in Des Moines, the Waterloo Convention Center at Sullivan Brothers Plaza in Waterloo, and the Tyson Events Center and Orpheurn Theatre in Sioux City. They also manage the Xtream Arena and Green State Family Fieldhouse in Coralville, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. Leisure Services Manager Marie Ware will give a presentation. Micliael C. Van Milligen MCVM:sv Attachment cc: Crenna Brurnwell, City Attorney Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Manager Jason Lehman, Assistant City Attorney 101, THE CITY OF DUIj___B E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager Dubuque *AmeftClly 2007-2012-2013 2017*2019 SUBJECT: Grand River Center Management Agreement Between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360 Approval DATE: March 16, 2023 INTRODUCTION The purpose of this memo request approval of the Grand River Center Management Agreement between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360. :1-IT91 201 :19111 z I C, The Grand River Center (GRC) opened in 2003 and during that time Platinum Hospitality has been the operations manager for the facility. The City Council identified the Grand River Center Future Operations: RFP, Direction and Agreement as a 2020- 2022 High Priority. The RFP Committee was approved and consists of the following members: Marie Ware, Leisure Services Manager Cori Burbach, Assistant City Manager Jason Lehman, Assistant City Attorney Keith Rahe, Travel Dubuque Julie Kronlage, Travel Dubuque Jared Charland, Project and Facilities Manager DISCUSSION The Grand River Center Conference and Education Center Operations Management Services RFP was released to solicit sealed competitive proposals from qualified professional management firms capable of providing a full range of comprehensive management services with a well -proven track record of services consistent with generally accepted operation of a first-class conference and education center. The RFP contained the city's identified operational goals and objectives for the GRC and a scope of operational management services. The proposal required submittals including firm qualifications, profile of the firm, current and former management contracts/agreements, management plan, marketing plan philosophy, operations plan, transition plan (if applicable), financial plan, compensation proposal, and more. The RFP outlined the evaluation and selection process. The RIFP is attached to this agenda item. The RIFP outlined the step-by-step procedures the City would use throughout the RIFP process. • During the time from proposal release to proposals due, a non -mandatory proposal conference was held at the GRC. During this conference attendees were taken on a tour of the facility, could see any space within the GRC they wished to see, and were able to ask any questions they had regarding the facility. • The RIFP Committee was provided the proposals and each member scored each proposal individually, with no conversation or contact with other committee members, using initial evaluation criteria contained in the RFP. The committee then came together and shared scores, and a discussion was held on each proposal. Per City policy, the initial review was completed without seeing any information related to the financials or compensation parts of the proposals. • The RIFP Committee requested follow-up answers to questions regarding the proposals and scheduled interviews/presentations with the short-listed firms. The interviews were held, and each committee member individually scored the firm using the RFP's short-list evaluation criteria. • Upon completion of the firm short list evaluation, the RFP Committee recommended to City Manager Michael C. Van Milligen one firm based upon the outcome of all steps listed above and requested authority to negotiate with the recommended firm a final scope of services, fees, and financial arrangements. Pages 26-27 of the RFP outlines more details. Three firms submitted proposals. Those firms, in alphabetical order, were Global Spectrum L.P. d/b/a OVG360, Platinum Hospitality Group, LLC, and VenuWorks Inc. The RIFP Committee was unanimous in their recommended top -scored firm at every step of the process outlined above. The top -scored firm was OVG360. The City retained the services of CSL International to assist with the review of the proposals, including the financial plans and compensation proposals, as well as to assist with the negotiation process. CSL has performed this service for numerous cities across the country. Their expertise and insights have been invaluable to the selection and negotiation process. The unanimous, highest ranked firm chosen based upon all aspects of the RFP and meeting the City's goals and objectives is OVG360. The strategy that OVG360 presented included the following: • Aggressive approach to sales and marketing • Dedicated food and beverage approach • Partnership-d riven approach 101, • Revenue generation through sponsorship sales • Focus on sustainability • Commitment to diversity, equity, and inclusion • Excellence in transition OVG360 is a division of Oak View Group (OVG). OVG360 is a full -service venue management and hospitality company. Late last year, OVG completed an acquisition of Spectra, growing their venue management and booking portfolio to over 230 venues, including 59 convention centers, with most of their clients being public entities including cities, counties, and states. In Iowa, OVG has management agreements with three convention centers: the Community Choice Credit Union Convention Center and Hy- Vee Hall at the Iowa Events Center, both in Des Moines, the Waterloo Convention Center at Sullivan Brothers Plaza in Waterloo, and the Tyson Events Center and Orpheum Theatre in Sioux City. They also manage the Xtream Arena and Green State Family Fieldhouse in Coralville, Iowa. The comparable facilities provided in the RFP and discussed in the presentations included the Waterloo Convention Center at Sullivan Brothers Plaza in Waterloo, Iowa; St. Charles Convention Center in St. Charles, Missouri; Durham Convention Center in Durham, North Carolina; and Overland Park Convention Center in Overland Park, KS. Successes in their management of these facilities showcased their understanding of the goals the City of Dubuque sought to achieve for management services for the Grand River Center. OVG laid out the best proposal and action plan to build upon the past success of attracting conventions and business meetings that bring outside dollars into our community while balancing that with special events, trade shows, consumer shows, banquets, meetings, sporting competition events, and galas, including from social, corporate, and non-profit sectors. The proposal laid out strategies and tactics related to this event mix. OVG's emphasis on working with local and regional organizations showed how they would create a successful destination package where meeting plan ners/organ izers and attendees want to come. This included working with Travel Dubuque, the Dubuque Area Chamber of Commerce, and Greater Dubuque Development Corporation, as well as working with the local arts, museums, and attraction as a part of an overall marketing strategy for cross -collaboration on campaigns, creating experiences, stay and play packages, and overall branding. Their plan included creating self/co-promoted events, of which they provided some great examples they are currently doing in communities across the country. Sales and marketing were very important to what the City was looking for. A clear plan for short-term and long-term goals and tactics to achieve those were identified for branding, website, social media advertising, communications plan, and public relations. 3 OVG's corporate support and services allowed us to see the methods they intend to implement to reinvigorate Grand River Center. An extremely important aspect of the proposals was the transition plan. OVG laid out a clear pathway for the transition of one management company to another. OVG has a dedicated team of 20+ departmental functional teams (finance, payroll, marketing, etc.) for Dubuque that has been meeting preparing for our "go live" date. They have been feverishly working on our behalf to make a smooth transition on March 31, 2023 at 12:01 a.m. BUDGETIMPACTS The negotiated agreement presented for approval contains two budgets. One is for the stub year, which will be the remaining timeframe of FY 23 for the period of April 1 -June 30, 2023. The second is for FY24 for the period of July 1, 2023-June 30, 2024. These budgets relate directly to the terms of the management agreement presented. Incorporated within the budget is the negotiated management fee that OVG360 will receive in 12 payments throughout each fiscal year totaling $150,000, with annual increases determined by changes to the Consumer Price Index. The City has two other agreements that have management fees for facilities: Schmitt Island Development Corporation is paid $100,000 a year for management of the items in the Schmitt Island Management Agreement (which includes the Dubuque Ice Arena) and ASM Global has a projected management fee of $120,937 in FY 24 for management of Five Flags Civic Center. Incentives are built into the agreement, both a qualitative as well as a revenue incentive. The incentives are for each full year and partial operating year of the term (except the stub year, to which no incentives apply). • The revenue incentive in the agreement provides OVG shall be paid 20% of the event revenue above the event revenue benchmark. This event revenue benchmark for the first operating year is $1.8 million. As an example, if the event revenue totals $1.9 million at the end of the year OVG would earn a $20,000 revenue incentive payment. • The event revenue benchmark will be renegotiated annually, but in no event will it be less than $1.8 million. • The qualitative incentives allow the opportunity for OVG to be eligible to earn up to $25,000 ($5000 per operational benchmark) for achieving the operational benchmarks below. • Customer Service Surveys —Achievement of an 80% positive response rate on surveys sent to a mutually agreed number of GRC-related parties. • StakeholderlTenant Relationship — Positive reviews from Travel Dubuque on surveys dealing with mutual strategy development, an increased level of 12 collaboration, and overall spirit of cooperation as reasonably communicated by tenant/stakeholders. • Repairs and Maintenance — OVG shall demonstrate compliance with provisions of the Agreement as it relates to repair and maintenance of all FF&E, based upon quarterly review and walkthrough with the City. • Community Involvement — OVG shall demonstrate community engagement through initiatives, outreach, and other community -centric approaches. • Economic Impact -Focused Sales and Marketing — OVG shall develop a new sales and marketing approach in connection with attracting unique events and regional/national meetings and/or conventions to the GRC, as well as facilitating the sale of Commercial Rights in an innovative way. OVG shall demonstrate how OVG's management of the GRC has had positive economic impacts on Dubuque and the surrounding area, including hotel -room -night - generating activities, events with significant non -local attendance, and other relevant metrics. The agreement has been negotiated to include a cap on the incentives for each year. The sum of the calculated annual incentive fees (revenue incentive plus qualitative incentive) paid to OVG shall not exceed the annual fixed management fee paid to OVG. As an example, if the fixed management fee is $150,000 the total of the revenue incentive plus the qualitative incentive would not exceed $150,000. The expense of these incentive fees are built into the budgets included in the management agreement. OVG will receive 20% of all commercial rights revenue. Commercial rights includes naming rights, pouring rights, advertising, sponsorships, and the branding of food and beverage products for resale. The City retains approval rights regarding any commercial rights agreements OVG may negotiate. The budget includes transition costs which are anticipated to be $30,000. These are one-time costs related to the transition of management. Transition expenses are built into both the stub year and FY budget. As part of their proposal, OVG provided an opportunity for a financial contribution from OVG to this proposed partnership. OVG is investing a capital contribution of $300,000 for an event business fund, leasehold improvements, and/or capital equipment dedicated to the GRC or other revenue -generating initiatives, as mutually agreed between the City and OVG. OVG's capital contribution is amortized on a straight-line basis over 120 months (meaning that the City will retain $12,500 of the capital contribution for each month the management agreement is in effect). The negotiated agreement outlines a new financial structure for management of the GRC. The current agreement with Platinum Hospitality includes the City providing funding for 50% of gas and electric actual costs, funding in the equivalent of 25% of the hotel/motel tax generated by the Grand Harbor Hotel, as well as funding repairs and maintenance bills in excess of $1,285 per event and $19,275 in aggregate in a fiscal year. These total $381,998 of expenses that are in the proposed FY 24 budget. 5 FY 24 Affect The budget under the new agreement is structured differently than the agreement with Platinum Hospitality. The new agreement structures a budget that includes all the expenses and revenues outlined in the agreement. The FY 24 budget in the management agreement has a $691,230 subsidy. The preparation of the FY24 budget was completed prior to the agreement being negotiated. The City budget to be presented on Wednesday, March 22, 2022 for the the Grand River Center contains the yearly ongoing expense totals that it has year over year. That totals $381,998 as described above. It was anticipated that any negotiated contract would come with a potential increased cost to the City. The FY 24 proposed budget also contains funding totaling $106,391 for a then -estimated management fee and $370,000 to go toward first -year transition costs and other costs of incentives. Those are now determined with this agreement and described above. The proposed FY 24 budget has expenses totaling $858,389 built into it. This funding fully covers the first year $691,230 subsidy. FY 23 Affect The agreement covers 3 months in the FY 23 budget. In anticipation of a new management agreement at the closeout of FY22 a carryover was requested in Budget Amendment #1 for FY 23. This, funding was carried over in the property maintenance account in the amount of $63,400. The current FY23 budget has 12 months of operational expenses budgeted under the current management agreement's financial terms described above. There will be three months of expenses not expended in FY23. Those savings will be used in addition to the money carried over to fund the stub year subsidy outlined as $256,895 total. To aid in understanding expenses related to the new management agreement and the funding available, the following chart is provided. Stub Year (April- FY 24 Year (July June,2023) 2023-June 2024) Agreement budget subsidy $256,895 $691,230 Funding available in current $256,895 $858,389 FY23 and proposed FY24 budget The extra expenses that would be left over in FY 24 are important to keep available due to the method that the budgets were developed. OVG used their vast experience to develop the budgets in the agreement. These were developed having no knowledge of the actual expenses and revenues of the near 20-year history of Grand River Center. This is because the current management agreement is set up for Platinum Hospitality X Group to operate the Grand River Center privately and not share their profit and loss statements, expenditures, and revenues with the City. As a part of the RFP process, the City could not provide any firm the precise financial history of the Grand River Center. Our consultant, as well as OVG, outlined that the first two full years would be building the business, and therefore, the subsidy would be largest in year one, it would be reduced in year two, and then normalize in year three and beyond. FY 24 will be considered year one. Many thanks to Bill Krueger of CSL International and Assistant City Attorney Jason Lehman for their endless hours in the review and negotiations process as well as all those that served on the RFP Committee. The agreement was also reviewed and approved by the city's bond counsel, Dorsey & Whitney LLP and Purchasing and Risk Manager Tony Breitbach. Representatives of OVG360 will be attending the City Council meeting. ACTION REQUESTED I respectfully request approval of the Grand River Center Management Agreement Between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360. cc- Crenna Brurnwell, City Attorney Jason Lehman, Assistant City Attorney Cori Burbach, Assistant City Manager Keith Rahe, Travel Dubuque Julie Kronlage, Travel Dubuque Jared Charland, Project and Facilities Manager Jennifer Larson, Chief Financial Officer 7 THE CITY OF DUBOP� E Masterpiece on the Mississippi Operations Management Services Request for Proposal Grand River Center Conference and Education Center City of Dubuque, Iowa Issue Date: October 11, 2022 Closing Date & Time: November 7, 2022; 2:00 pm Leisure Services Department 1157 Central Avenue Dubuque, Iowa 52001-5016 Page of 1.0 INTRODUCTION The City of Dubuque, Iowa (the "City") is soliciting competitive sealed proposals from qualified professional management firms capable of providing a full range of comprehensive management services with a well -proven track record of services consistent with generally accepted operation of a first-class conference and education center. This proposal is for the Grand River Center Conference and Education Center ("GRC"), located at 500 Bell Street in Dubuque, Iowa. The City is seeking a professional, financially sound company and team to operate, market, and manage the GRC under contract with the City of Dubuque. The City invites management firms to create a proposal that would establish a relationship with the City that will be most beneficial to both the City and the management firm. The GRC has been in operation since 2003. The three-story GRC provides breath -taking views of the Mississippi River and the Tri-State area. The center features an 86,000 square foot conference and meeting facility which includes a 30,000 square foot exhibit hall, a 12,000 square foot ballroom, and six meeting rooms. On the third floor, the River Room is an all -glass enclosure with a balcony jutting over the Riverwalk. The GRC also includes the grounds, sidewalks, common areas, lobby areas, executive offices, storage utility facilities kitchen, laundry, plus outdoor and covered parking areas. (Appendix F) The GRC's patio is connected to the Port of Dubuque Riverwalk which parallels the mighty Mississippi River. The Riverwalk features Art on the River, a juried public art exhibit that changes each year. Typically, two artworks are placed on the GRC property each year. The GRC is connected to the 193-room Grand Harbor Resort and Waterpark via an enclosed indoor skywalk. The Grand Harbor is privately owned and managed. It is the goal of the City of Dubuque to advance the GRC as the high quality, multi -purpose meeting facility to meet the needs of conventions, trade shows, consumer shows, corporate meetings, and community events. The City of Dubuque will oversee and manage the contract of the selected operations management firm. The City invites submittals from qualified firms that have proven experience in providing comprehensive management, marketing, and full -service operations at convention, education, or exhibition facilities in comparable or larger markets. This Request for Proposal (RFP) is for consolidated services. That is, firms should be prepared to provide all management, marketing, and operations services. However, the City will consider a firm's use of affiliated companies, joint ventures, or subcontractors, to provide consolidated services. At the conclusion of the RFP process described herein, and upon execution of an Operations Management Agreement (the "Agreement"), a firm will be selected for the comprehensive management, marketing, and operation of the GRC consistent with generally accepted operations of a first-class conference, convention, and education center. The selected firm will serve as an independent contractor of the City. The Page 2 of 40 management firm must function as the single point of responsibility for the City, under no circumstances shall the work or services covered by this agreement be subcontracted without prior approval of the City. Some of the responsibilities of the selected firm will include: budgeting; hiring and training of staff; the maintenance of the land, building, furniture, fixtures, and equipment; local, national, and international sales and marketing of the GRC; coordinating with the City and managing relationships with various product and service providers; coordination of GRC utilization, scheduling, negotiating, and licensing of events, and management of event parking and additional responsibilities that may be required in the Agreement. The City owns the GRC building, the land on which the building is situated, and related furniture, fixtures and equipment ("FF&E"). The selected firm shall furnish such personal property as may be required to carry out the firm's obligations (such as office supplies) and any other services as may be required by the Agreement or as otherwise agreed with the City. The selected Firm and General Manager will communicate with the Contract Administrator (currently the Leisure Services Manager). Timeline for Services It is the intent of the City that the new operations management agreement will begin at 12:01 a.m. on April 1, 2023. 2.0 PROPOSAL GOALS AND OBJECTIVES This RFP seeks proposals from qualified firms that will address the goals and objectives outlined in this RFP. The selected firm will provide turn -key operations management and marketing services. The selected firm will be expected to complete the contracted scope of work within the timeframe, under the general direction and coordination of the City's Contract Administrator (currently Leisure Services Manager Marie Ware) and the City Manager, as authorized by the City Council. The City has identified the following operational goals and objectives for the GRC. The intent is to achieve these goals in the timeliest and most cost-effective manner while providing the highest quality customer service. Firms should consider these goals an important part of the RFP process, as the ability to meet them will be carefully evaluated in the selection process. A. Manage day-to-day operations and maintenance of the GRC in a cost efficient, high quality, and efficient manner that meets the highest industry standard. 1 . Maximize direct spending benefitting the Dubuque economy. 2. Maximize GRC revenue generation and minimize expenses through excellent management service. Page 3 of 40 3. Maximize the economic impact to the community, region, and state (via the accommodation of non -local events, trade shows, conferences, and meetings) and overall utilization of the facility, while focusing on minimizing the annual operating cost for the GRC. 4. Achieve the greatest possible profitability while decreasing the GRC's cost impact on the City budget. 5. Enhance usage of the GRC by developing and implementing initiatives to penetrate new markets, attract new events and activities, and promote the GRC. 6. Develop and execute strategies to ensure the GRC is competitive with other conference centers in comparable markets and modify such strategies as market conditions and trends change. 7. Partner with Travel Dubuque, local hotels and motels, and various tourist destinations to develop and execute mutually beneficial marketing strategies. 8. Promote the business of existing local restaurant and retail establishments. B. Provide high quality food and beverage services, including full -service meal functions, concessions, and catering. C. Ensure that events, exhibitions, trade shows, and other meetings are attracted to and retained at the GRC by producing a customer -friendly, exhibitor -friendly, and cost- effective environment. D. Provide superior services to meeting planners, patrons, visitors, and other uses of the GRC by maximizing customer satisfaction as exhibited by an industry -wide positive image of the GRC and maximized re -bookings. 1 . Develop, implement, and monitor internal and external, independent performance measures to gauge and report levels of customer service satisfaction in various metrics. E. Properly maintain and safeguard the City's capital investment in the GRC through the exercise of the highest standards of maintenance and preservation, including the development and maintenance of a rolling 5-1 0-year capital improvements budget and a well -established and documented maintenance plan. F. Recruit and develop a customer -friendly, service -oriented, well -trained labor workforce. 1 . Include plan for taking affirmative action to ensure that all employment practices are free from such discrimination. Page of 2. Include statement it is an Equal Opportunity or Affirmative Action employer. G. Work cooperatively with local organizations to attract and retain citywide events including national and international events, trade shows, and meetings. 1 . Develop and enhance strong working relationships with the City, Travel Dubuque, Dubuque Main Street, Dubuque Area Chamber of Commerce, Greater Dubuque Development Corporation, the National Mississippi River Museum and Aquarium, and the Field of Dreams Movie Site. 2. Cooperate with the neighboring Grand Harbor Resort and Waterpark to maximize the generation of hotel and motel room occupancy. 3. Cooperate with other Dubuque hotel and motel operators to increase and maximize local and nearby hotel and motel occupancy. H. Respond to and support the ever -changing needs of the community and users of the facility with recommendations for expansion, renovations, and upgrades of services, technology, and equipment for first-class operations. 1. Develop and establish open, clear, and responsive reporting systems with the City, utilizing measurable and reported performance metrics. 1 . Meet and exceed benchmarks established in the Agreement and any adjustments thereto. J. Achieve and exceed goals and objectives in a professional manner, consistent with best industry practices and all applicable laws and ordinances. K. Develop and implement an annual marketing plan to attract national and international meetings, conferences, and conventions. 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, directly adjacent to Illinois and Wisconsin. As Iowa's oldest city, Dubuque is a community well known for its historic and architectural beauty. The City is over 30 square miles in area, with a population of nearly 60,000. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education, and employment center for the tri-state area. Tourism is a major economic force in the community. The City of Dubuque is governed by an elected Mayor and City Council and managed by a City Manager. The City funds a full range of municipal services. City government works in collaboration and partnership with the private and non-profit sectors to promote economic development and sustainability. Downtown, neighborhood, and riverfront Page 5 of 40 planning, sustainability, and revitalization are long-standing priorities of the City. The CitV's website showcases and provides information on many aspects of the City's operations. City Council goals and priorities are available on the City's website. The Mayor and City Council have identified becoming a more sustainable and resilient city as one of their top priorities for over 16 years. Implementation of a community -defined sustainability plan is among the Council's priorities. Find out more at www.sustainabledubuaue.ora. The City is striving to be an equitable community of choice, one that is data driven, outcome focused, and built on the four pillars of sustainability, resiliency, equity, and compassion through people, partnerships, and planning. The Imagine Dubuque Comprehensive Plan was adopted in 2017, following a year of community engagement that gathered over 12,500 ideas from more than 6,000 residents and stakeholders. The plan serves as a policy guide for the community's physical, social, and economic development. Implementation of the plan recommendations will rely on community participation, partnerships, and collaboration with residents and organizations. The goal is to create a more viable, livable, and equitable community. The Call to Action tracks progress on the Plan. Components of the plan are applicable to responses to the RFP. 60,000 people work in Dubuque County and Dubuque's largest employers include John Deere Dubuque Works, Dubuque Community Schools, MercyOne Dubuque Medical Center, Medical Associates Clinic, P.C. Unity Point Health -Finley Hospital, Cottingham and Butler, and Sedgwick, most of whom host events and activities at the Grand River Center. The City of Dubuque and the Greater Dubuque Development Corporation ("GDDC") are focused on the continued growth and expansion of current Dubuque County businesses, recruitment of a new workforce, and welcoming new businesses to the community. Dubuque is home to higher education opportunities, including the University of Dubuque, Clarke University, Loras College, Northeast Iowa Community College ("NICC"), and the neighboring University of Wisconsin -Platteville. Dubuque has seen growth in its tourism industry year after year. Travel Dubuque has led award winning efforts showcasing all there is to do in Dubuque and the region. Dubuque's history as Iowa's first city and its beautiful historic architecture set Dubuque apart as a travel destination that brings over 2,000,000 visitors to the area each year. The National Mississippi River Museum and Aquarium is in the Port of Dubuque and is a major tourist attraction for the region. The GRC is located within easy walking distance to historic Main Street and the Millwork District. Over 50 murals are located throughout downtown and create a unique experience for travelers and visitors to the community. Viking River Cruises hosts national and international travelers and began docking this fall in the Port of Dubuque. Explore Travel Dubuque's website and social media for more information. The ever-expanding Field of Dreams Movie Site is just a quick 20-mile drive away and attracts many travelers to the region. Explore Travel Dubuque's website and social media pages for more information. Page 6 of z 4.0 PROPOSAL SCOPE OF SERVICES In preparing a response to this RFP, the firm should describe the means or strategy by which they would satisfy the scope of services. The final scope of services will be negotiated with the selected firm. The scope of services in this section is preliminary and may be modified during the selection and negotiation process. The City will evaluate submitted proposals and award an operations, management, and marketing agreement to selected firm based on the best proposed solution to each individual section listed below and in Section 2.0 Proposal Goals and Objectives. The following outline represents the minimum components for performing the requested services. A. Operation Management Services - Operation management services requires the professional management operator to manage, in the most efficient, high quality, and cost-effective manner possible, all aspects of GRC operations such as groundskeeping, custodial and maintenance services, security, sales, booking, marketing, event services (including event set-up and tear -down, AV, scheduling, promotions, business relationship development, sponsorship and promotional services), food and beverage services, financial and administrative services (including accounting, budgeting, purchasing, human resources, and contracting). Specific services and expectations of the professional management operator will include, but not be limited to the following: 1 . Day -to -Day Management and Operation - a. Ensure that the facilities are kept clean, safe, sanitary, and maintained in good working order. b. Conduct repairs as necessary, certifying that work is compliant with, and when possible, exceeds, City, state, and federal regulations. C. Manage FIF & E internal to the GRC. Provide, or cause to be provided, all incidental services required in connection with the GRC or its events, including but not limited to client development, promotional activities, food service, and concessions. d. Maintain an adequate staff of courteous, well -trained, and efficient employees at the GRC and provide appropriate supervision of such employees. e. Create a focus on all aspects of the business, including but not limited to local and corporate events, banquets, and activities, state, local, regional, and national associations, consumer and trade shows, government, social, military, educational, religious, and fraternal (SMERF) events and activities, and local social activities and events. Page 7 of z f. Support (in-house or via third party vendor(s)) of the technical environment of the GRC operations including but not limited to: audio and visual systems, teleconferencing, end -point devices (such as computers, laptops, printers, phones, mobile devices, servers, and cloud -based storage systems), cybersecurity protection and monitoring, business operational software systems (such as financial, payroll, e-mail, point -of -sale systems), compliance with all relevant security and privacy standards, telecommunications systems (including all wired and wireless systems such as telephony systems and phones, networks systems and connectivity, low voltage wiring, firewalls, routers, switches, internet services room display screens, outdoor electronic signage, time clocks, television/video services), HVAC and physical plant monitoring systems (including access control and security), and any technology upgrades, maintenance, and support activities. 2. Report Preparation - collect all revenues generated through the operation of the GRC and document all expenditures necessary for the proper management, operation, maintenance, and supervision of the facility. Prepare and submit monthly and yearly financial, operating, maintenance, management, marketing, and other such reports as required by the City. 3. Annual Plan - develop annual plans and operational budgets for the City that have defined performance measures. Comply with such plans and budgets. Upon conclusion of the fiscal year, ensure completion of an audit by a certified public accounting firm to develop audited financial reports and to certify compliance with generally accepted accounting principles. 4. Contract Administration - administer all utility and other contracts required in the ordinary course of business in operating the GRC, and if necessary or requested by the City, participate in the solicitation of, and negotiations with, competing service providers. 5. Advise - provide such advice and assistance in relation to the operation, marketing, management, maintenance, and supervision of the GRC as the City may require including, but not limited to, recommending potential changes to sources of revenue, partnerships, prices, policies, and other such practices that could potentially add to the financial success of the facility. 6. Respond to City Requests - respond in a timely manner to requests from the City and its agents or counsel. B. Transition Services, if applicable, & Review of Services for Upgrades - Develop transitional service plans for changeover of current management firm to new management firm (if applicable). Perform a review of current services and provide proposals for upgrades of services. Page 8 of 40 C. Timeline/Schedule - The firm shall provide a recommended schedule for instituting operations management services (as well as transition services, if applicable). 5.0 SUBMITTAL FORMAT TO BE INCLUDED IN PROPOSAL The proposal should address all of the points outlined in this RFP- To simplify the review process and obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included — they represent the criteria against which the proposal will be evaluated. Letter of Transmittal and Executive Summary Provide a letter of transmittal briefly outlining the firm's understanding of the work. List the name, address, telephone number, e-mail, and company website of the firm's preferred contact person (the "Proposal Manager"). The Proposal Manager will be the primary contact person during the RFP evaluation process. Provide a brief executive summary (no more than two pages) that succinctly discusses the firm's approach and describe how the firm is uniquely qualified as the best choice to manage the GRC. Minimum Firm Qualifications This section lists the criteria to be considered in evaluating the ability of firms interested in providing the services specified in this RFP. A proposer must meet or exceed these requirements to be considered for award. Any exceptions or qualifications to the requirements listed should be clearly detailed in the proposal. Proposed firms shall - A. Have extensive experience in providing services similar to those specified in this RFP. B. Firm shall have successfully performed services of similar scope with other public, quasi -public, or private organizations. C. Have knowledge of and comply with all currently applicable, and as they become enacted during the Agreement term, federal, state, and local laws, statutes, ordinances, rules, and regulations. All laws of the State of Iowa, whether substantive or procedural, shall apply to this RFP and the Agreement, and all statutory, charter, and ordinance provisions that are applicable to public contracts in the City shall be followed with respect to this RFP and the Agreement. D. Experience with municipal and city governments is desired. E. Have the capacity and resources to acquire or provide all insurances and other financial commitments as outlined in the terms of this RFP, the proposal, and the Agreement. Page 9 of 40 F. Have the capacity and resources to provide all other services and meet all other obligations of the firm in the Agreement. G. Have appropriate material, equipment, and labor to perform specified services under the Agreement. Proposal Response Form Provide a completed Proposal Response Form found in Appendix B. Profile of Firm — Background and Qualifications Provide a profile of the firm and describe its legal structure, principal officers, and organizational structure. The proposer must identify and distinguish between its own experience and qualifications and that of any parent entity, predecessor, or subsidiary of the proposer, whether wholly -owned or partial ly-owned. A. Provide an overview of the firm's profile. B. Provide short biographical information of key executive personnel and staff, including any subcontractors who will be assigned to execute the terms of the Agreement. Provide short biographical information on key personnel and principals of the firm that would oversee GRC assigned personnel and whether such involvement will be on a fully informed daily basis or in an advisory capacity. Include the resume(s) of the proposed on -site general manager or the candidates for the general manager position. Resume(s) should describe each person's qualifications and experience with managing and marketing public assembly facilities. The response should include provisions ensuring that the selected on - site general manager will not relocate to another facility or responsibility other than the GRC until a minimum period of time has elapsed. C. Provide firm's affirmative action plan and diversity, equity, and inclusion plan. D. To protect the City from the sudden loss of managerial services, management shall ensure that there is at least one other manager on the GRC staff who is thoroughly familiar with the management and operation of the facilities and associated issues and processes, who could capably serve in an interim capacity as the manager of the GRC. E. Provide audited and certified financial statements for the firm's last three years of operation. If the proposer is a joint venture, a copy of the joint venture agreement must be submitted for each party. (Not included in page count and provided as a file(s) via one separate USB file labelled Audited Financials). Page 10 of 40 F. Provide a complete and detailed history of the firm's facility management experience forthe lastfive years. Information provided should include a description of services provided, examples of successful operational strategies, and the term of the management contract, with particular attention to: 1 . Specific, quantifiable measure of success at other facilities managed by the firm, with particular emphasis on conference facilities that are in communities of a comparable size to Dubuque located in the Midwest. 2. Specific expertise gained from past management experiences relevant to future GRC operations. G. Provide an explanation of firm's experience in working with public entities or other entities that operate and market facilities for a public entity, including cooperative efforts, philosophy, and results. H. Provide general information about the firm including but not limited to corporate headquarters, age of the firm, firm history, annual revenues, number of employees, and brief description of firm, along with its area of expertise and experience as it relates to this RFP. Describe the experience and success of the firm in performing similar operations management services. State the location(s) of the office(s) from where the supervision of the management services will be performed. 1. Proposers shall demonstrate the financial capacity necessary for the City to assess the viability of the proposer to enter into and to provide the services at the level anticipated in this RFP, or higher, as well as any action with respect to a contemplated sale, act of receivership or reorganization of the proposer or any subsidiary that is, or has previously been, engaged in delivery of the services contemplated in this RFP. J. Discuss the firm's ability to integrate this operations management and marketing services contract into its present workload. Include a statement to specify if the firm currently has the capacity to undertake the operations management services or whether it intends to hire additional staff or partner with subcontractors. K. It is the sole responsibility of the successful proposer to ensure adherence to all applicable local, state and federal wage and labor laws and employment eligibility requirements. Current and Former Management Contracts/Agreements A. Information on four (4) comparable and relevant government owned, managed facilities the firm has managed in the last ten (10) years. If not government owned, explain facility(ies) applicability. Page 11 Of 4u • Facility Name • Physical Address • Type of facility (e.g. convention center, conference center, education center) • Relevant descriptive facility information including gross square footage and net square feet of convention/exhibition space, meeting space, etc. • Extent of responsibilities • Discuss what specific, quantifiable measures of success have been achieved through your company's services in operations management of the venue • Dates of management • Reference including contract administrator name, title, phone number, email, and address that can attest to firm's performance B. Information on any relevant facilities which the firm has managed within the past ten years and now no longer manage other than those lost in a competitive process. C. Provide a comprehensive list of contracts/agreements that have not been renewed with the proposer within the last five years. Include name, physical address, and type of facility, in addition to the name, title, address, and telephone number of the client contact or contract administrator. D. Disclose any management services agreement terminated, with or without cause, or not renewed by a public or private entity for management and operations of any conference and convention center, within the past five (5) years, together with the reasons for termination or non -renewal. Scope of Services Describe the means, methodology, and/or strategy by which the firm would satisfy the scope of services as listed in Section 4.0. Include a basic work plan for each strategy that delineates the firm's approach to the operations management services using the outline below. The work plan, at a minimum, should include those components outlined in Section 4.0 of this RFP. The firm should indicate in the work plan any aspects that are proposed to be the responsibility of City staff. Highlight any parts of the work plan that will reflect the firm's unique philosophy, insight, or expertise regarding its approach to this operations management services and how this approach positively impacts successful operations management services at GRC. This is the firm's opportunity to convey ideas and concepts with respect to the goals, objectives, and scope outlined in the Scope of Services. A. Management Plan 1 . Describe your overall philosophy on how GRC should be managed, operated, and marketed. Page of 2. Provide information on: a. Employee/employer relationships and the proposed management structure for the GRC; b. How the management team will report to the firm's corporate offices and to the City; C. How the firm expects to interact with the City; and d. How the firm's departmental functions, including executive/administration, marketing/public relations, operations/event services and finance/information services would report to the City. 3. Provide an organizational chart denoting any departments, divisions, senior management positions, and supporting positions within each management and operating department or division anticipated to provide on -site, day-to-day services associated with the GRC. 4. Provide a suggested staff and organizational chart for that would reflect the proposed operating structure for the GRC listing positions, functions, and responsibilities for the operation locally of the GRC. 5. Provide resumes of key personnel and principals of the firm that will be involved in the management of the GRC and whether such involvement will be on a fully -informed, daily basis or in an advisory capacity. Include years of experience with the firm, years of experience in the industry, educational background, and relevant industry licensure, certifications, and affiliations. Distinguish between project experience with the firm and experience with other companies. 6. If applicable, describe whether the firm is open to engaging, as employees or independent contractors, current management company employees working at GRC, provided such personnel are mutually satisfactory to the parties. Provide examples, if any, of past employee transitions experiences and ways to address potential challenges (such as preserving benefits/pensions of former employees whom the firm has engaged under similar transitions from private -to -private operations at other facilities). B. Marketing Plan Philosophy 1 . Discuss proposed marketing and promotional concepts that will further the goals and objectives of the GRC while also maximizing the benefits to the Dubuque area. This should include the firm's approach to co -promoting events and creating new events and activities with, for example, Five Flags Civic Center or Travel Dubuque. Page 13 of 40 2. Explain how your firm's network and relationships with event/meeting planners and/or promoters with venue networks will maximize bookings and programming opportunities. Describe any opportunities that may be available to the City in the event the firm operates or promotes other venues in the region. 3. Describe in general the proposed approach to booking, scheduling, promoting, advertising, and marketing events at the GRC, including booking and scheduling events with outside event planners, promoters, event coordinators, meeting planners, and local events. This should include working with the City and local stakeholders. Include specific examples from other, similar venues of the firm's ability to attract, book, and schedule similar events and activities, including examples of networking among the proposer's clients or other means used to enhance bookings and programming. C. Operations Plan 1 . Provide a description of the policies and proposed methods of providing the following management services for the GRC. Include a discussion of providing these services in-house or by contracting with an outside party, as well as a discussion of the firm's approach for dealing with existing agreements. a. Event Set-up and Tear -Down - the labor, equipment, and materials required to timely and adequately set-up and breakdown all events utilizing the GRC. b. Event Services - all services such as cleaning, business services, electrical, carpentry, and plumbing required for a successful event. C. Site Maintenance and Engineering - all maintenance and engineering services required to guarantee a safe and well -maintained facility and efficient operation of the GRC. Describe the upkeep and preventative maintenance plan for the GRC. d. Security - all security services needed to keep the GRC and surrounding grounds safe for visitors and in compliance with all laws. e. Custodial Services - the labor and maintenance required to clean and service all areas of the GRC. f. Technology and Audio/Visual (as outlined in section 4.0 A of this RFP) - all technology services required for a successful event and day-to- day technology operations, including but not limited to computer and audio/visual support. 2. Identify those services intended to be contracted out and identify how local, certified minority and women -owned businesses have been used in other facilities Page 14 of 40 under the management of the proposing firm to provide services, supplies and materials for the facilities, and what general plans the proposer would have in terms of doing the same in Dubuque. This summary should include any requirements that may have been placed on firms with whom the proposer has contracted for services regarding their use of local minority and women -owned businesses and subcontractors. D. Transition Plan (if applicable) 1 . Describe steps and timing of a transition plan should the firm be chosen. E. Financial Plan 1. Provide a strategy for minimizing the annual operating expenses and maximizing the annual operating revenues of the GRC. 2. Develop a budget for the first full year of operations under contract for the GRC. Include a detailed description of all expenses and revenues, by line item, and provide an explanation of how each line item was developed and the assumptions used. The management fee, if any, paid to your firm should be included as a separate line -item expense. 3. Develop a three-year operating budget for the GRC. All revenues and expenses should be listed, by line item, along with all relevant assumptions used. The management fee, if any, paid to your entity should be included as a separate line -item expense. Provide examples of management reports that will be submitted to the City monthly detailing profits/losses, surcharge details and any other significant financial activity from the previous month. 4. Understanding that the City will be financially responsible for, and have the final approval of capital improvements, provide a description of the firm's role in identifying and prioritizing capital improvements, including approval, billing, purchasing, and letting of contracts. 5. Describe the firm's approach to annual fundraising to help sustain operations of the GRC, including potential naming rights (not the GRC building itself), operating and programming sponsorships, pouring rights, and any other contractually obligated income ("COI"). Provide examples of past success with fundraising at other, similar venues. F. Compensation Proposal The City's goal is not to provide an operational subsidy on maintenance related items. The City is offering the following - Page 15 of 40 Equipment Repairs and Maintenance: Ordinary equipment maintenance and individual equipment repairs (includes but is not limited to HVAC, plumbing, electrical, boilers, geothermal systems, kitchen equipment, attached and freestanding equipment throughout the facility and mechanical systems, life safety systems, elevators, and escalators) costing less than $5,000 will be paid by the firm up to an aggregate in any fiscal year of $50,000. The City will be financially responsible for repairs or maintenance in excess of $5,000 individually and $50,000 in the aggregate in any fiscal year. In no event shall the firm's responsibility for maintenance or repairs of all equipment exceed $50,000 in any fiscal year. The cost of individual and aggregate repairs will be adjusted each year based on the Consumer Price Index (CPI) of the preceding twelve (12) months before seasonal adjustment. The adjustment begins July 1 of each year. Maintenance and Service Contracts: Maintenance and service contracts (including but not limited to technology as described in Section as outlined in section 4.0 A of this RFP, fire extinguishers, HVAC, fire alarm system, sprinkler and fire suppression system, kitchen equipment, pest control, lawn care and treatment, landscape maintenance, carpet cleaning, escalator, and elevator) costing less than $5,000 will be paid by the firm up to an aggregate in any fiscal year of $50,000. The City will be financially responsible for maintenance and service contracts in excess of $5,000 individually and $50,000 in the aggregate in any fiscal year. In no event shall the firm's responsibility for maintenance and service contracts exceed $50,000 in any fiscal year. The cost of individual and aggregate service and maintenance contracts will be adjusted each year based on the CPI of the preceding twelve (12) months before seasonal adjustment. The adjustment begins July 1 of each year. The individual and aggregate limits set forth for maintenance and service contracts are separate and distinct from the individual and aggregate limits set forth for equipment repairs and maintenance. Capital Improvement and Capital Equipment: The City is responsible for capital improvements to and capital equipment for the facility. The City will fund capital improvements and capital equipment as approved by the City Council capital improvement fund each year. If the proposer believes they cannot successfully operate without an operational subsidy as described above it is the City's desire to obtain creative compensation proposals related to the management of the GRC. Proposals should include: Base and Incentive Fee Structure — if under this plan, the selected firm would receive a base fee and potential incentive fee in exchange for operating the GRC while all operating revenues and expenses would be allocated to the City, please describe. Other Creative Management Fee Structure - identify any alternative compensation Page 16 of 40 plans related to the operation of the GRC that the City should consider as a part of the firm's submission. This could include options for marketing participation or such other options which would further promote the success of the GRC and limit the City's operating expense exposure. Describe the nature and amount of the financial resources that would be committed by the firm to enhance the likelihood of the successful operation and management of the GRC. All compensation proposals must comply with applicable IRS regulations to protect the tax-exempt status of the City's outstanding bonds. At a minimum, the proposal shall address the following: a. Base Fee - the amount of the annual fee for management services, if any. b. Incentive Fee(s) - identify the standards that will be used to determine the amount of the incentive fee. Be advised that the City is interested in incentives that balance the need for: (i) minimizing operating deficits; (ii) maximizing the attraction of non -local, economic impact generating events; and (iii) maintaining high standards of physical products and service quality. C. Capital Investments - identify areas in which the proposer will invest in additional fixtures, equipment, or other aspects of the GRC. Understanding of Final Agreement Terms The firm should provide a statement that indicates it has read and understands Appendix D — City of Dubuque Contract Terms and Conditions (the "Contract Terms and Conditions") and agrees to include the clauses that are listed in Appendix D in the final Agreement. Any exceptions to the Contract Terms and Conditions by the firm must be clearly stated in their submitted Proposal. Insurance Requirements The firm should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule J — Appendix E.) Submittal of insurance documents as part of this RFP is not required. Litigation and Dispute Disclosure Indicate and disclose all lawsuits, including claims involving arbitration or other alternative dispute resolution mechanisms, filed against the proposer and any affiliates within the past five years of the date of this RFP. Notwithstanding the above disclosure requirement, the proposer is not required to include the following claims: Page 17 Of 4u • Personal injury suits resolved for an amounts less than $100,000 filed by visitors, guests, invitees, licensees, or trespassers at or upon the real properties owned, leased, operated, or managed by the proposer or its affiliates; • Workers' compensation claims filed by employees of the proposer or its affiliates; • Mechanics, supplier, or material liens of less than $5,000; and • Real property tax appeals. • Among the types of lawsuits that are expected to be disclosed are sexual harassment claims; age discrimination claims; other claims involving protected classes such as race, national origin, gender, gender identity, or sexual orientation; breach of contract claims; and claims involving violations of collective bargaining agreements. Proposed Schedule/Timeline Provide a detailed schedule for the operations management services, including transition (if applicable) and the new management agreement. Outline tasks for all components outlined in the RFP, including the time durations and estimated completion dates for each major component of the proposed scope of services. Clearly define work tasks expected of the City. The schedule should list all deliverables that are required throughout. Financial Package, Fees, Compensation, and Proposed Operations Management Agreement MUST BE IN A SEPARATE SEALED ENVELOPE marked "Management Services Financial Proposal". Provide a financial package, fees, or proposed fixed costs, plus reimbursable expenses budget for the requested scope of services as well as breakdown costs provided as necessary to understand the financial proposal package. A proposed draft agreement for operations management services must be included in the submittal. Note, however, that this draft agreement will not be legally binding, and all terms and conditions are subject to review, modification, and approval by the City. The proposed agreement is not included in the page count for proposed submission. Include in the "Management Services Financial Proposal" envelope one (1) USB that contains only the audited and certified financial statements. No print copies of the audited and certified financial statements are to be included. 6.0 RFP TIMELINE. QUESTIONS. AND ANSWERS Timeline The following dates are provided for information purposes and are subject to change without notice. Contact the Contract Administrator to confirm any and all dates. Page 18 of 40 RFP issued: Pre -proposal conference: Deadline for requests, questions and technical info via email: (NOTE: encouraged to email before this deadline) Addenda (if any) issued by: Sealed Proposals due: Interviews and negotiations Recommendation to and City Council approval: estions and Answers October 11, 2022 2:00 pm CST, October 24, 2022 2:00 pm CST, October 28, 2022 5:00 p.m. CST, November 2, 2022 2:00 pm CST, November 7, 2022 November -December 2022 January 17, 2023 All information requests, questions, and technical information shall be directed to the City's Contract Administrator as detailed below. From the date of issuance of this RFP until final City action, the firm shall not discuss the RFP with or contact any City of Dubuque employee or any member of the Selection Committee except as expressly authorized by the City's Contract Administrator. Violation of this restriction will be considered grounds for disqualification of the firm's proposal. Contact with any City of Dubuque employee or any member of the Selection Committee on other matters not related to the GRC RFP and RFP process is allowed. The Selection Committee has members from Travel Dubuque, the City Attorney's office, the Budget and Finance Department, the City Manager's office, and the Contract Administrator. The City has used considerable efforts to ensure an accurate representation of information in this RFP. Each firm is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be considered a part of this RFP unless released in writing (letter or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Non -Mandatory Proposal Conference- A pre -proposal conference will be held on October 24, 2022 at 2:00 p.m. at the GRC meeting room 1 and will include a tour of the facility and grounds. Email the City's Contract Administrator to receive an invitation. All firms are encouraged to attend for clarification of the requirements and knowledge of the facility. Any questions concerning this RFP must be received on or before 2:00 p.m. CST on October 28, 2022. Any inquiries received after this date will not be answered. When submitting a question to the Contract Administrator, please include the appropriate contact information for the firm. All questions sent in an email must include GRC RFP Question in the subject line. Page 19 of 40 It is the intent of the City that this RFP promotes competition. It shall be the firm's responsibility to advise the City's Contract Administrator of any language, requirement, or combination thereof which the firm believes restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Contract Administrator not later than five (5) working days prior to the bid closing date. Any failure to notify the City's Contract Administrator as outlined above shall be considered a waiver of any such objection. Confidentiality of Documents Except with the City's approval, proposer shall not, directly or indirectly, disclose, divulge, or communicate to any person, firm, or corporation, other than the City or its designated representatives, or as required by law, any non-public information which it may have obtained during the proposal process concerning any matter relating to the scope of services or the regular business of the City. In general, documents that are submitted as part of the response to this RFP will become public records and will be subject to public disclosure. If the firm follows the procedures prescribed by those statutes and designates a document "confidential" or "trade secret", the City will withhold the document from public disclosures to the extent that it is entitled or required to do so by applicable law. If the City determines that a document that the firm has designated "confidential" or "trade secret" is not entitled to protection from public disclosure, the City will provide notice of that determination to the contact person designated by the firm, in any reasonable manner that the City can provide such notice, at least five business days prior to the public disclosure of the document. If the firm does not designate anyone to receive such notice the City will not have any obligation to provide any notice of a determination of non - confidentiality. If the firm does not designate anyone to receive such notice, or if, within five business days after the City provides notice to the designated person, the firm does not initiate judicial proceedings to protect the confidentiality of the document, the City will not have any obligation to withhold the document from public disclosure. By submitting to the City a document that the firm designates as "confidential" or "trade secret", the firm agrees that in the event a third party brings any action against the City or any of its officials, employees, agents, or volunteers to obtain disclosure of the document, the firm will indemnify and hold harmless the City and its affected officials, employees, agents, and volunteers from any and all costs, including attorney's fees, incurred by or assessed against any such person. The firm also agrees that, at the City's request, the firm will intervene in any such action and assume all responsibility for defending against it, and the firm's failure to do so will relieve the City of all further obligations to protect the confidentiality of the document. Contract Requirements At any time during the selection process or afterward until the Agreement is negotiated and signed, the City reserves the right to terminate the process. The Agreement will be negotiated with the most responsible and responsive proposer whose proposal meets the Page 20 of 40 needs of the City to the best degree. The initial term of the Agreement should be assumed to be five (5) years. Ultimately, the term of the Agreement shall be determined through negotiations and mutual agreement of the parties. The City reserves the right to add to or delete any item from this RFP when deemed to be in the best interest of the City. No proposer shall assign its proposal or any right or obligation thereunder without the prior written consent of the City. Prices quoted in the proposal shall include any and all associated costs. All taxes of any kind or character payable on account of the work done and materials furnished under the Agreement shall be paid by the proposer and shall be deemed to be included in costs contained in the proposal. Proposal prices shall include all royalties and costs arising from patents, trademarks, and copyrights in any involved in the work. Whenever the proposer is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the proposer shall indemnify and save harmless the City, its officers, agents or employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment or process, to be performed under the award/contract, and shall indemnify the City, its officers, agents, employees, and volunteers for any costs, including litigation costs and attorney's fees through the appellate process, expenses, and damages which may be incurred by reason of any infringement claim, whether during or after the term of the Agreement. Any contract resulting from this RFP may be canceled by the City in whole or in part by written notice of default to the proposer upon non-performance or violation of contract terms, including the failure of the proposer to deliver materials or services within the time stipulated in this specification, unless extended in writing by the City. In the event a contract is canceled because of the default of the proposer, the City may (a) purchase the services specified in this specification on the open market, or (b) negotiate a contract with another proposer and establish the period of such contract. Immediately after the notice of award, the winning proposer and its senior management shall begin planning in conjunction with City staff to ensure fulfillment of all obligations. Proposer will be expected to provide professional coordination services upon execution of the Agreement, the expenses of which will be borne by proposer. Proposer will be expected to attend meetings as required by the City or its designee to assist in transitions (if any). Contract Administrator contact information is as follows: Marie L. Ware Leisure Services Manager City of Dubuque Leisure Services Department 1157 Central Avenue Dubuque, IA 52001-5016 Phone- 563.589.4264 E-mail: mware(a)_citVofd u bug ue.org Page 21 of 40 7.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each firm shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the Agreement and to verify any representation made by the City upon which the firm will rely. PROPOSAL SUBMITTAL INFORMATION 0 Submittal Deadline: November 7, 2022 before 2:00 p.m. CST Submittal Location, Marie L. Ware Contact & Mailing Leisure Services Manager Address: City of Dubuque Leisure Services Attn: Grand River Center RFP Proposal 1157 Central Avenue Dubuque, Iowa 52001-5016 0 Submittal Copies: Seven (7) sets of the proposal shall be provided. Submit seven proposals and also an electronic pdf version, all labeled "GRC Operations Management Services Proposal" excluding any proposal cost information and the proposed management agreement. The Financial Package, Fees and Compensation, and Proposed Operations Management Agreement must be provided to the City in a separate, sealed envelope marked "Management Services Financial Proposal". Firms shall provide a financial package, fees, or compensation, plus reimbursable expenses budget for the requested scope of services as well as breakdown costs provided as necessary to understand the financial proposal package. A proposed draft agreement for operations management services must be included in the submittal. Firms shall also provide an electronic pdf version of the financial package, fees and compensation, and the proposed operations management agreement. The Management Services Financial Proposal envelope should contain a separate USB with the audited and certified financial statements for the firm's last three years of operation. Neither the financial statements nor the documents contained in the Management Services Financial Proposal will be included in the page count. The proposal should be prepared simply and economically, providing a straight -forward, concise description of the firm's capabilities to satisfy the requirements of the RFP. Initial screening will be completed without knowing the firm's proposed financial package, fees and compensation, or the proposed draft agreement. Submitted proposals must be delivered in printed format with the exclusion of the one required pdf version. The pdf version shall be submitted on a USB along with the Page 22 of 40 hardcopies of the proposal. No faxed or e-mail proposals will be accepted. The proposal must be a document of not more than sixty (60) numbered, 8-1/2 x 11 -inch pages, except for the transitions schedule, if any, which may be presented in 11 x 17-inch format. The page count does not include the letter of transmittal, the front and back covers, the proposed agreement, the Proposal Response Form (Appendix B), or the separately sealed cost proposals. The smallest typeface shall not be less than 11 points. Proposals should not include any pre-printed or promotional materials. Any proposals exceeding 60 numbered pages will not be considered. The proposals shall be 100% recyclable. No binders, folders, bindings, shiny covers, or other non -recyclable material are to be used. The RFP must be able to be placed completely in a recycling bin after selection. The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes with any firm. Each addendum must be acknowledged in the Proposal Response Form (Appendix B) by providing the addendum number and title. Failure to acknowledge each addendum will be considered grounds for disqualification. It is solely the firm's responsibility to ensure that all addendums to this RFP have been received before submitting the proposal. One original proposal document shall be signed in blue ink by an officer of the firm who is authorized to legally bind the firm to its provisions and marked as such. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than one hundred twenty (120) calendar days from the proposal closing date is required. Failure to comply with the above requirements shall be considered grounds for disqualification. Each firm assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposal received after the submittal deadline will not be considered and will be returned unopened to the firm. The City is not responsible for any loss or delay with respect to delivery of the proposals. The City is not liable for any costs incurred by any firm prior to the execution of the Agreement. All results and documents from this RFP process will remain the property of the City of Dubuque. The City of Dubuque appreciates your time and consideration of this RFP. Sincerely, Marie L. Ware Leisure Services Manager City of Dubuque Page 23 of 40 Appendix A FIRM EVALUATION AND SELECTION PROCESS INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum and mandatory requirements of the proposal as outlined in Section 5.0. Proposals that do not meet minimum and mandatory requirements will be rejected without further consideration. A selection committee will review and score qualifying proposals using the established criteria below and select firms for placement on the firm short-list for operations management services. The criteria listed are not necessarily an all-inclusive list. Initial screenings will be done without knowing the firm's proposed fee for services and other items in the Management Services Financial Proposal envelope. The following criteria are among those that will be used to initially evaluate submitted proposals. Maximum Points I Evaluation Criteria 50 Firm and Operations Management Experience Firm experience Proposed staff qualifications and experience Operations management experience with convention and education facilities of similar or larger size and scope Prior experience with government entities Prior experience similar marketplaces Experience working with affiliated companies, joint ventures, or subcontractors (if proposed) 45 Proposed Management Strategy/Plan Meets Goals, Objective, Scope, and Requirements Outlined in RFP Organ ization/management approach Capacity to assume new business and improve existing business Demonstrated approach and understanding of goals, objectives, and scope outlined Quality and completeness of proposal Proposed timelines and schedule 5 MBE/WBE, Equity, and Sustainability Incorporation into Proposal 100 ooints TOTAL Page 24 of 40 SHORT-LIST EVALUATION CRITERIA A selection committee will interview the short-listed firms chosen after the initial evaluation criteria scoring. The interview is a very important part of the selection process. Both the original submitted proposal and the results of the firm interview will be used to select the final firm for the management services to begin negotiations. I Maximum Points I Evaluation Criteria I 40 Firm and Operations Management Experience Firm experience Proven community relationships as outlined in RFP Operations management experience with convention and education facilities of similar or larger size and scope 40 Cost/Financial Demonstrated financial stability and capability Demonstrated ability to assemble necessary supports for management, operations, and marketing Sales and marketing successes Financial package proposed 40 Proposed Management Strategy/Plan Meets Goals and Requirements Outlined in RFP Organ ization/management approach Capacity to assume new business and improve existing business Demonstrated approach and understanding of goals, objectives, and scope outlined Quality and completeness of proposal Professional expertise and abilities of management team proposed for the GRC Proposed timelines and schedule 20 Results of Interview Process 20 References Proven track record in operations management Proven relationships and interaction with Contract Administrator 10 MBE/WBE, Equity, and Sustainability Incorporation into Proposal 170 points TOTAL The City reserves the right to review and update weighting of the criteria after the initial evaluation is complete and prior to interviews beginning. Page 25 of 40 SELECTED FIRM - FEE NEGOTIATION PROCESS Upon the completion of the firm short list evaluation, the RFP Selection Committee will recommend to the City Manager the highest ranked firm and request authority to negotiate with the recommended firm a final scope of services, fees, and financial arrangements. The scope of services in this RFP is preliminary and may be revised during the selection and negotiation process. The negotiated agreement will be reviewed by the City Manager, signed by the firm, presented to the City Council for approval, and, if approved, executed by the Mayor. The City intends to award a contract to one provider to provide these services. The City will enter into an agreement which it determines, after evaluation of all accepted proposals, to be most favorable for the City. The City may not necessarily accept the lowest cost proposal and may, in its sole discretion, accept any proposal and may waive any minor informality or irregularity in proposals received. The City reserves the right to select a firm and make an award to the provider determined to be the most advantageous and beneficial to the City based on the City's evaluation criteria, or to make no award at all. The City anticipates that negotiations will be necessary; however, the City reserves the right to make an award without negotiations. The intent is to enter in an agreement with the qualified firm with the highest scoring proposal. Notwithstanding the foregoing, the City reserves the right to award the Agreement to a qualified firm other than the one with the most points, if, in the City's opinion, another firm's proposal offers the best value for the products and services requested, taking into consideration the evaluation criteria of the RFP. The City reserves the right to request clarification of the proposals without becoming obligated to offer the same opportunity to any other qualified firms. The Selection Committee may consider such clarifications in evaluating a proposal. A request for clarification will not entitle a firm to revise, resubmit, alter, or amend its Proposal. For the purposes of proposal evaluations, the Selection Committee may consider any or all of the information received from qualified firms pursuant to the RFP, as well as the City's knowledge of, and past experience with, the firm or its officers or employees. The City reserves the rights to: Revise or extend this schedule at its sole option. Conduct pre -award discussion and/or pre -award contract negotiations with any or all responsive and responsible proposers who submit proposals determined to be reasonably acceptable to the City; conduct interviews or require presentations of any or all proposers prior to selection; and make investigations of the qualifications of proposers as it deems appropriate, including but not limited to, a background investigation conducted by the Dubuque Police Department or any other law enforcement agency. Request that proposer(s) modify its proposal to more fully meet the needs of the City or to furnish additional information as the City may reasonably require. Page 26 of 40 • In its sole discretion, expand or reduce the criteria upon which it bases its final decisions regarding selection of a professional management operator for the GRC. The City reserves the right to reject any or all proposals or parts of proposals, to negotiate modifications of proposals submitted, and to negotiate specific proposal elements with a proposer into a project of lesser or greater magnitude than described in this RFP or the proposer's reply. • Process the selection of the successful Proposer without further discussion. • The City shall be the sole judge of proposers' qualifications and reserves the right to verify all information submitted by the proposers. A detailed schedule for the operations management services including transition (if applicable) and the new management agreement will be finalized. An outline of tasks, goals, scope, time durations, and estimated completion dates for each major component of the proposed scope of work will be established. The firm shall indicate the work tasks that will be completed by City staff. The schedule should list all deliverables that are required throughout. The City and the firm will meet and establish the final scope of services for the project as negotiated by joint revision of tasks in order to best meet the goals and objectives of the City while considering available funding (if appropriate). During the negotiation process, tasks to be completed by City staff, work reassignment to proposal and management services team members, and the addition or elimination of tasks may be modified in order to achieve the best overall results for the City. The selected firm shall be responsible for updating all tasks to reflect any changes that were agreed to during negotiations. After the final scope of services has been determined and the tasks finalized, the firm shall incorporate the tasks into the agreement documents being prepared for signature. Payment for Services- The firm awarded the agreement shall have negotiated financial arrangements outlined in the Agreement. Page 27 of 40 Appendix B PROPOSAL RESPONSE FORM Request for Proposals for Operations Management Services for Grand River Center, Dubuque, Iowa The undersigned, on behalf of the firm, certifies that: (1) this offer is made without previous understanding, agreement, or connection with any person, firm, or corporation submitting a proposal on the same project; (2) is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm in whose name the proposal is submitted; (4) they have read the complete Request for Proposal and understand all provisions; (5) if accepted by the City, this proposal is guaranteed as written and amended and will be implemented as stated; and (6) mistakes in the submitted proposal will be the firm's responsibility. NAME DBA/SAME CONTACT ADDRESS PHONE STATE OF INCORPORATION COMPANY WEBSITE ADDRESS CITY/STATE EMAIL NUMBER OF LOCATIONS NUMBER OF PERSONS EMPLOYED TYPE OF ORGANIZATION: Public Corporation Private Corporation Partnership _ Joint Venture Other (Describe): BUSINESS MODEL: Small Business Dealer Other (Describe): _ ZIP Sole Proprietorship Manufacturer Distributor Retail Not a Minority -Owned Business: — Minority -Owned Business: _ (Specify Below) —African American Asian Pacific Subcontinent Asian Hispanic _Native American Other - Please specify Not a Woman -Owned Business: Woman -Owned Business: _ (Specify Below) —Not Minority -Woman Owned — African American -Woman Owned —Asian Pacific -Woman Owned — Subcontinent Asian -Woman Owned _Hispanic Woman Owned —Native American -Woman Owned —Other — Woman Owned — Please specify_ ARE YOU REGISTERED TO DO BUSINESS IN THE STATE OF IOWA: Yes No ACKNOWLEDGE RECEIPT OF ADDENDA: All addenda are posted to the City's RFQ/RFP web page and it is the proposer's responsibility to check and confirm all addendum(s) related to this document. NO. , DATED _; NO._, DATED_; NO._, DATED In submitting a proposal, the firm acknowledges all requirements, terms, conditions, and sections of this RFP document. Proposal submission format should be by order in which sections are listed throughout the document. All minimum and general requirements should be specifically addressed and detailed in firm's response. Exceptions to any part of this document should be clearly delineated and detailed. Signature Title Date Page 28 of 40 Appendix C RFP RULES AND PROTEST PROCEDURE MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, provided such action is in the best interest of the City. Minor irregularities are defined as those that, in the City's sole discretion, have no adverse effect on the City's best interests and will not affect the outcome of the selection process by giving the prospective firm an advantage or benefit not enjoyed by other prospective firms. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this RFP must be clearly identified as exceptions, noted in the letter of transmittal, and described in the submitted cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager or City Council has recommended that a contract be negotiated with the recommended firm. However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information (subject to the confidentiality provisions described in this RFP). DEFINITIONS For purposes of this RFP, the words "shall", "must", and "will" are equivalent and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response is not in substantial accord with this RFP's mandatory conditions requirements. For purposes of this RFP, the words "should" or "may" are equivalent and indicate desirable conditions or requirements which are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not, in and of itself, cause automatic rejection of a proposal, but it may result in the proposal being considered as not being in the best interests of the City. DISPUTES/EXCEPTIONS Any prospective proposer who disputes the reasonableness or appropriateness of any item within this RFP, any addendum to this RFP, any notice of award, or any notice of rejection shall set forth the specific reasons and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification from the City. The written dispute shall be sent via certified mail or delivered in person to the Contract Administrator described herein, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 29 of 40 Appendix D CITY OF DUBUQUE STANDARD TERMS AND CONDITIONS TAX-EXEMPT BONDS - The GRC is financed with tax-exempt bonds. Additional tax- exempt bonds may be issued in the future to finance additions or improvements to the GRC. Thus, the final agreement between the City and a selected firm for operations management services must comply with federal tax laws that apply to the use of facilities financed with tax-exempt bonds. Proposers must ensure that their proposals are in full compliance with IRS guidelines and federal tax laws governing private business use of facilities financed with tax-exempt bonds. Proposers are expected to adhere to requirements found in Revenue Procedure 2017-13, and proposals should include an opinion from bond counsel that the proposal adheres to IRS Revenue Procedure 2017- 13. ADA COMPLIANCE - 1 . The firm shall comply with all applicable provisions of the Americans with Disabilities Act (the "Act") (Public Law 101-336, 42 U.S.C. 12101 et seq.), all applicable amendments thereto, and all applicable federal regulations under the Act. 2. Programs policies, and alterations of any type shall comply with the 2010 Standards for Accessible Design, the ADA Title 11 regulation, Section 504 of the 1973 Rehabilitation Act, all applicable amendments thereto, and all similar statutes and regulations prohibiting discrimination on the basis of disability. 3. The selected firm shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which the firm relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines - WCAG 2.1 AA. ASSIGNMENT - The City and the firm each are hereby bound and the partners, successors, executors, administrators, and legal representatives of the City and the firm are hereby bound to the other party to the Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Agreement. Any assignment or attempt at assignment made without prior written consent of the City shall be voidable at the City's option. PROPOSAL CURRENCY/LANGUAGE - All proposal prices and financial terms shall be shown in US Dollars ($). All prices must remain firm for the duration of the Agreement regardless of the exchange rate. All responses must be submitted in English. PROPOSAL FORM - Each proposer must submit an original proposal and additional copies as required on the forms attached. The proposer shall correctly sign the proposal, and the proposal may be rejected if it shows any omissions, alterations of the form, additions not called for in the proposal, or any irregularities of any kind. Page 30 of PROPOSAL INFORMATION IS PUBLIC — The proposal and all documents submitted with any proposal shall become public documents subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting the proposal any document to the City of Dubuque in connection with a proposal, the submitting party recognizes this and waives any claim against the City of Dubuque and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Dubuque and its officials, volunteers, and employees harmless from any claims arising from the release of any document or information made available to the City of Dubuque arising from any opportunity. Proposal information requested by the public or other bidders will be provided in an alternative format if the requestor is a person with a disability and requires an alternative form for comprehension. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to accept or reject any or all proposals or parts thereof. The City further reserves the right to waive technicalities and formalities in proposals, as well as to accept in whole or in part such proposals where it is deemed advisable in protection of the best interests of the City. CONFLICT OF INTEREST - The firm represents, warrants, and covenants that no relationship exists or will exist during the Agreement period between the firm and the City that is a conflict of interest. No employee, officer, or agent of the firm shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of Iowa Code Chapter. 68B shall apply to the Agreement. If a conflict of interest is proven to the City, the City may terminate the Agreement, and the firm shall be liable for any excess costs to the City as a result of the conflict of interest. The firm shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. The firm shall report any potential, real, or apparent conflict of interest to the City. CONTRACT DOCUMENTS — The Contract Documents are this Agreement, the Request for Proposals, the firm's proposals, and additional documents, if any. In the event of a dispute with respect to any term or condition in the Contract Documents, they shall be interpreted in the following order: this Agreement, the Request for Proposals, the firm's proposals, and additional documents, if any. DISPUTES - Should any dispute arise with respect to the Agreement, the parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. The firm agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all its responsibilities under the Agreement that are not affected by the dispute and the City shall continue to make payment for all services properly performed as outlined in the Agreement. Should the firm fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs incurred by the City or the firm as a result of such failure to proceed shall be borne by the firm. The unintentionally delayed payment by the City to the firm of any invoices not in Page 31 of 40 dispute in accordance with the terms of the Agreement will not be cause for firm to stop or delay performing the services required in the Agreement. FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the party affected. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. The party who is prevented from performing by force majeure shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or detection of any such event, to give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay and shall remedy such cause as soon as reasonably possible, or as mutually agreed between the parties. INDEMNIFICATION - To the fullest extent permitted by law, the firm shall indemnify and hold harmless the City, its officials, employees, agents, and volunteers from and against all claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Agreement, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by any act or omission of the firm, or anyone directly or indirectly employed by the firm or anyone for whose acts the firm may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. LAWS AND REGULATIONS - The Agreement shall be governed, interpreted, and enforced in accordance with all applicable federal, State of Iowa, and local laws, ordinances, licenses, and regulations. The firm certifies that in performing the Agreement it will comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses, and regulations. Venue for any action arising out of this Agreement shall be the Iowa District Court for Dubuque County, Iowa, or the Federal District Court for the Northern District of Iowa, Eastern Division. METHOD OF AWARDING - The City reserves the right to make awards based on the entire proposal or on an item -by -item basis. However, if firm's proposal is based on an 11 all or none" condition, the City may consider its bid non -responsive and reject the entire proposal. NO GIFT STANDARD - The City of Dubuque is committed to upholding the highest ethical standards in all its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all suppliers have been asked to abide by the City's "No Gift" standard. The "No Gift" standard also applies to all Page 32 of 40 offers of discounts or free items at any place of business targeted toward a City employee and not available to the general public, regardless of the value. NON -COLLUSION STATEMENT - Neither the firm, nor anyone in the employment of the firm, has employed any person to solicit or procure the Agreement nor will the firm make any payment or agreement for payment of any compensation in connection with the Agreement. There is no contract, agreement, or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for services rendered under the Agreement or participation therein, directly or indirectly, by any other person, firm or corporation, except as documented in the Agreement. Neither the firm, nor anyone in the employment of the firm, has either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive procurement in connection with the Agreement. NON-DISCRIMINATION AND EQUAL OPPORTUNITY - All firms that engage in contracts with the City of Dubuque, Iowa agree as follows: The firm will not discriminate against any employee or applicant for employment because of race, sex, color, creed, ancestry, national origin, marital status, familial status, religion, age, disability, sexual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran, or any classification protected by federal, state, or local law (the "Protected Classes") except where age and sex are essential, bona fide occupational requirements, or where disability is a bona fide occupational disqualification. Such action shall include, but not be limited to the following: (a) employment, (b) upgrading, (c) demotion or transfer, (d) recruitment or advertising, (e) layoff or termination, (f) rate of pay or other forms of compensation, and (g) selection for training, including apprenticeship. The firm further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity regarding to the Protected Classes, as stated above. The firm will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations, or orders of the City and will provide in every contract or subcontract that said provision will be binding upon each subcontractor. REGULATORY AGENCY COMPLIANCE - Compliance with laws and regulations set forth by regulatory agencies is required. These agencies include but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, and DOT — Department of Transportation. The City of Dubuque expects that firms will offer expertise on conformance to regulations applying to the products they sell and the services they perform. RIGHT TO PROTEST - Anyone wishing to file a protest concerning (1) the specifications, (2) the RFP procedure or (3) the award of the Agreement must do so in writing in accordance with the City's Protest by Bidders which is found in the City's Purchasing Policy. Page 33 of SUSPENSIONS AND DEBARMENT - The firm hereby certifies, pursuant to 2 CFR pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the firm by any federal agency. The firm further certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with the City of Dubuque or the State of Iowa. The firm shall ensure that all subcontractors utilized by the firm for any service or product referenced in the Agreement meet the provisions of this paragraph. TAXES - The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. WARRANTIES - WORK - The firm shall perform services for the City pertaining to the operations management services as set forth in the Agreement. The firm shall be responsible for the quality, technical accuracy, completeness, and coordination of all services performed under the Agreement. The firm shall, promptly and without charge, provide all corrective services necessary as a result of the firm's acts, errors, or omissions with respect to the quality and accuracy of the services. The firm shall be responsible for any and all damages to property or persons as a result of the firm's acts, errors, or omissions. The firm's obligations under the Agreement shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the firm. WARRANTIES - INTELLECTUAL PROPERTY - The firm represents and warrants that all the materials and services produced or provided to the City pursuant to the terms of the Agreement shall be wholly original with the firm or that the firm has secured all applicable interests, rights, licenses, permits, or other intellectual property rights in such materials and services. The firm represents and warrants that the materials and services, and the City's use of same, and the exercise by the City of the rights granted by the Agreement, shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. The firm further represents and warrants that the materials and services do not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law, or any other rights of any person, firm, corporation, or other entity. The firm represents and warrants that it is the owner of or otherwise has the right to use and distribute the products and services contemplated by the Agreement. Page 34 of 40 Appendix E INSURANCE REQUIREMENTS INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Grand River Center Management, 500 Bell Street 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit 1. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 35 of 40 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Prod ucts-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (110) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 36 of 40 Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.11A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 X Yes No Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 37 of 40 Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1 . Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 38 of 40 �j "A W I 3r- MrUff I TW W ..ik6p� -W-� Ar&L--. 13L Appendix F OPERATIONS AND MANAGEMENT SERVICES FACILITY AREA I i mw� A U. Page 39 of 40 W41 T 2 foku Val wm . ..... ftwcImh FOR kom 7 c A k6. Meeting Room ulling Dimerssions Sq, Ft. Theater wssroam U-shape Ban(ILIet eallfooin IA,v.C.pI 16 89.9oxIBBL11 12-416.09 I -NO 600 sco �plon A ik 4 SAW 0.90 Z,306.S2 170 90 40 m Salpn 8 16 44 IOx4 3 3n 1 93R go 140 75 4JU 100 Salon C 16 8919OX4414) 3,96459 375 192 40 260 Salon D 16 89 90x43-W 3�910 65 375 192 40 260 Mertbe Fugun IL 12 57 50)L40.70 1340.25 200 100 49 ill Met E�24 Room 2 L2 57 Wxj4.Q.Q- L955 OD 200 log 40 11� Mt.eft Room 3 12 �7 5Q.32og 1 RAQ QQ 2Q2 go() AQ ill Meeting Room 4 17 54 5Ox31.10 I AF94 95 2m 1.0.9 40 112 Mae tine Room S 12 54-5001-10 1,85S.45 200 loop 40 112 U ra 0 I-e4y 55 ZOD 10 +0 liz —MCC"FW-KQOFn!5 Wet6na Pk�cm 1.23 12 S7 504940 5 715 SD. SOD 300 0 dw Meeting Room 4.S,-6 12 54LSOXIOO.Bo 549360 60D Boo 0 400 Exhlbit Hall (A.13) 33 19sx1so 29,150DO 3r338 2.DCO 0 2r25O Exhibit Hall A 33 75xI50 11,250.00 1,200 600 0 Boo F.Khlbii Hall R A3 i2oxiso ia.mabo 2j13 1,400 a 1. 4 SO River Hoorn 76 4Ox3l 11 2 376 W ISO 70 40 ICU Page 40 of 40 OF THE CITY 1 DUB-'&'--kTE Masterpiece on the Mississippi' Dubuque MI-Awria My NA I X- L: NAII I I I 11. F 2007-2012*2013 2017*2019 City of Dubuque Grand River Center Operations Management Services Request for Proposal Addendum #1 November 2, 2022 Leisure Services Department 2200 Bunker Hill Road Dubuque, IA 52001 Office (563) 589-4263 TTY (563) 690-6678 Fax (563) 589-4391 www.cityofdubuque.org The City of Dubuque Grand River Center Operations Management Services Request for Proposal outlined that the deadline for proposals is 2:00 p.m. CST on November 7, 2022. This addendum changes this due date to Friday, November 18, 2022 at 2:00 p.m. CST. This is so that firms will have ample time to work on the proposal submission. An addendum to answer questions submitted was to be released today, November 2, 2022 by 5:00 p.m. This addendum release is delayed until Friday, November 4, 2022 at 5:00 p.m. Marie L. Ware Leisure Services Manager mware(a)_citVofd u bug ue.org 563-589-4264 OF THE CITY 1 D U B.' TE Masterpiece on the Mississippi' Dubuque All -America CIV 2007-2012-2013 2017*2019 City of Dubuque Grand River Center Operations Management Services Request for Proposal Addendum #2 November 4, 2022 Grand River Center Building and Grounds 1 Leisure Services Department 2200 Bunker Hill Road Dubuque, IA 52001 Office (563) 589-4263 TTY (563) 690-6678 Fax (563) 589-4391 www.cityofdubuque.org What is the current plan for on -going capital renovations and funding of those projects through 2026? Projects carried over from the last FY into FY 23 include the following: 3002710 62712 Expensi3 - GRC EX18deF Decvral�ve Concreic S 6,6Fr5 Caffyover 100119go 71212 Exp*ns-9 - GRC Chia ir& 5 21.9&0 -Carryover 3602115 732WIExpenae - GRC qeplace Carpet 10.430 3S023D2 &2716 Expense GIRC AV & Sound 3,000 JC@Fryove; CaFryOVEF 36023021 72419 Expense GRC AV & Sound S 1, 1.000 Caffyover 1022590 73211 Fx"ns-P GRC Energy Efficlency 5 21.000 Cinfryover 3502590 62712 Expense GIRC Energy Efficiency 2.IDOQ CgFryoyer 3S02S90 71123 Expense GIRC Energy Ellinciency 92,879 C.WyOVEF 360251A 73210 Expense GRC Energy EfflciencV S 141.103 CaUyover 1002SD1 73211 Expons-9 GRC La nftcap@ Improv-orn ont 5 1&.075 carryovar 1002649 T3211 Expense GIRC Reploce Caulk 35.359 G@Fryoveir 1002T94 73211 Expense GRC Paini 139,000 C.3Fryl3V2r 3602a92 62all Expense GRC M iffkat Stu dy k Assesrmenl S 65.000 Ciffryover 36029g2 5g240 R-ovenu 9 - GRC M arkot Stud� & Asseszmenl 5 65.000 Ciarryover 3502M3 62716 Expense - GIRC MgFklt a n-d Ops Asaessmeni 35.IDOQ C@Fryover 1100�3300 62431 Expense - Property MaInten Dn" 177.362 C@Fryover 10033300 62611 Expense - M EiGIVEquip MaInten Drict 72.000 C@Fryover 11003331)(1 71123 Expense - Software 26,454 CaFryOVEr 10033300 72416 Expense - Vkleo Equipmeni S 114,730 CaFryover 10033300 73411 Expen" - Equ�p Acq 5 209,235 Cafryover W The current FY23 fiscal year includes the following capital improvements. FY23 projects are secured and ready to be implemented. Each year the last four years FY 24-27 can see a change based upon the availability of city funding. We are currently in the process of working on the FY24 budget and added capital projects. For further detail navigate to pages 186-203 of the pdf httDs-//www.citvofdubuaue.ora/DocumentCenter/View/51482/FY23- Recorn mended -Du bug ue-Capital- I m provement-Prog ram 1 CONFERENCE CENTER Gerieral Government Replace Garpet Greater Downtown TIF $ 100,01)0 $ 120,000 $ 30.01)0 $ — $ 216.000 $ 466,000 109 Paint Interior Rooms and Areas Sales Tax Fund (20%) $ — $ — 3 18.ODO $ — $ 24,000 $ 42,0110 110 Replace Table, Chairs, and Podiums IDRA Diffiribulion $ 50.000 50,000 125.ODO $ 50,000 $ 275.000 Ill Concrete Restoration Sales Tiax Fund (20%) $ 52,000 $ 50,000 $ 102.WO 112 Replace Fabric Wall Covering 1DRADisinbulion $ 35,000 120,000 $ 35.ODO $ — $ 190.WO 113 Roof Restoration Greater Downtown TIF $ — S 350.000 $ 350,000 $ — $ 7DO.000 114 Wood Bench Replacement Sales Tax Fund (20%) $ — 3 25.000 S — $ — $ 25.000 115 Paint ExLeriDr Metal IDPA Distribution $ — $ 50.000 50,000 $ — $ 100.000 116 Furniture Upholstery IDRA Diffinbution $ — $ $ 30.01)0 — $ — $ 30.WO 117 Overhead Door Replacement IDRAGamiao $ — $ $ — $ 21,000 $ 55,000 $ 76,W0 118 Trash Compactor Rehabilitation IDRA Distribubon $ — $ $ 30.700 S — $ — $ 30.700 119 Replace Clouds 1) RA Distribubon $ — $ $ 83.800 S — $ — $ 83.800 120 Replace Exterior Building Sign 1) RA Gaming $ — $ $ — S 40,000 $ — $ 40.WO 121 C i ty of Dub u que R@comFmnded Capital Improvement Summary IFY 2023 - FY 2027 FROGRAW PROJECTIDESCRIPTION SOURCE OF FUNDS DEPT FY 2023 FY 2024 FYr 2025 FY 2026 FY 2027 TOTAL PAGE LEISURE SERVICES CONFERENCE CENTER Gerweral Government Paint Bridge 1DRADistribubon $ 35.000 $ $ 35,000 122 Repaint ENhibit HallAirwalls 1DRADistinbution $ 40.000 $ $ 40,000 123 ReplacelRehalb Room Doors 1DRADishlibudon $ 59,000 $ $ 59,000 124 Stage and Riser Replacement DRADistribution S 25.000 $ — $ — $ 77rOQO $ 102,WO 125 Window Panel Replacements Sales T� Fund (20%) S S — S — 8 — $ 16r0Q0 $ I6.W0 126 2. Please provide a list of the CIP and equipment replacement items from the last three years. FY 22 See pages 168-188 httr)s://www.citvofdubuaue.ora/DocumentCenterNiew/48039/2022-2026-Car)ital- Improvement-Program FY 21 See pages 159-176 https://www.citvofdubugue.org/DocumentCenter/View/44578/2021 -2025-Capital- Improvement-Program --- Recommended FY 20 See pages 128-141 https://www.citVofdubugue.org/DocumentCenterNiew/39332/FY20- Recommend ed-Capital- I m provement-Program Please note that some of the capital improvements and equipment shown as funded are a part of the carryovers in question number one if the project was not completed or equipment not purchased. The Leisure Services Department is in the process of hiring a Project and Facilities Manager that will assist in completing the capital projects and equipment purchase work. COVID saw all budgets froze and then unfrozen that created a backlog of work and many project carryovers. The following equipment will be replaced in FY 2023 ($160,680): Digital signs system (internal) $ 64,700 Audio Visual Equipment S 2,500 100 gallon water heater $ 17,000 Vacuums (6) 5 7,750 Broiler $ 10,000 Hot boxes - tall 9,000 6 Burner Range 15�000 Recommended Improvement Packages S 34,730 Total Equipment $160,680 7he following equipment will be replaced in FY 2022 ($175,560): Exhibit Hall Projector Ice Cubers (2) Garbage Disposals (2) LED Message Sign Smoking Ums Walkie Talkies 14,447 5,399 77,594 1,250 ThIal Equipment $175,580 T he fol low i ng eq u i pme nt A I I be re p la red i n FY 2021 ($9 0,846) - Exhibit Hall Projector $ 71,000 Ice Cubers �2) $ 14.447 Garbage Disposals S 5,399 Total Equiprnent $ 90,846 The following equipment will he replaced in FY 2020 ($26,000)-- Artffidal Plants $ 10,000 Audio Visual Equipment $ 110.000 Portable Radios S 6.000 Total Equipment $ 26,000 3. Provide event schedule for 2018, 2019, and 2021 and any annually recurring events. The bookings and events are handled by the private management company and thus proprietary business information. If a new management company is selected records would be available per the current management agreement. 4. Please list current AV equipment inventory. See the attached equipment listing on the RFP site with Addendum #2. AV equipment as well as computers are provided. 5. Please list copies of any on -going maintenance contracts. Trane - HVAC Schindler — Elevator/escalator Heartland (former CEC) — telephone system 3 6. Confirm the status of all roof repairs creating ceiling staining. Over the clouds — rip in membrane repaired By Exhibit A - clogged roof drain unclogged Meeting Room 3 — rip in membrane repaired 7. Confirm all tables, chairs and staging equipment for event preparation. 200 round tables, 150- 6 foot tables, 150- 6' X 18" classroom tables, 50- 8'X 18" tables, 20- 30" round cocktail tables, 12- 30" concession rounds, 3000 chairs, 40 X 60 foot of staging 8. Please provide an inventory list of all equipment in the administrative offices. 10 staff computers Multifunction machine 6 office cubicles and furniture, 5 room office and furniture (including manager) Receptionist furniture and reception area furniture Shredder Full kitchen — microwave, refrigerator Conference room table and 10 chairs 3 file cabinets Manager office - conference table, credenza, desk Note: there may be incidental equipment not included. 9. Confirm the responsibility for outdoor maintenance and responsibility for snow removal. The outdoor maintenance in the area outlined in Appendix F of the RFP as well as the snow removal responsibility would be the responsibility of the RFP respondent. Capital projects related to landscapes are the responsibility of the City i.e. total renovation of parking island landscape beds or total renovation of crab apple tree alee to the west of the Center. Operational costs related to these areas belong to the respondent. 10. Confirm the location of staff parking. Staff parking is in the outdoor parking lots outlined in Appendix F of the RFP. 11. Confirm the CCTV capabilities and inventory. In FY 23 an improvement package was approved and is outlined below. This improvement level decision package is for eighteen (18) security cameras to be placed inside the Grand River Center (GRC). Currently the GRC has cameras an the loading dock and an internal system for the employee service back of house. 7he internal systern was installed in 2003 with only minor updates since that time. The safety and security of the many citizens and visitors to the Grand River Center is of utmost importance. No security monitoring system is in place for all the public areas, as well as entrances and exits of the building. 7his phase 1 of a 3 phase projects focusing on cabling and servers which is necessary for all 3 phases. It focuses on the back of the house. 71here will be a recurring cost of a pproximate I y $1925 a yea r that would start 1 n r Y23 for t hese ca mera S. The first -yea r license cost is included in the purchase price. This improvement supports the City Council goal Vibrant Community: Healthy and Safe as well as the Management agenda high priairity goal of surveillance camera funding. Related Cost: S 34,730 Tax Funds Non -Recurring Recommend - Yea Property Tax Impact: S 0,0137 DA4% Activity: Conference Center 12. Is there a current quote to replace carpet, damaged ceiling tiles, change to LED lighting, and repair of air walls? The airwalls are serviced every six months and currently have no repairs needed. The carpets are on a carpet replacement. Question 1 and 2 of Grand River Center Building and Grounds shows the replacement CIPs or carpet and energy efficiency which will include LED. There is not a quote for these currently however there is funding that will become projects throughout the next year or two depending upon the projects. Replacement of ceiling tiles damaged is the responsibility of the manager. 13. Please list of all approved "Naming Right" locations (i.e. Ballrooms, Lobby) There currently is not a naming right location list. Locations would be established and approved. The naming would not have visibility to the outside of the building i.e. a naming that would be visible through the windows visible from the Riverwalk. The building will also not be available for naming rights. 14. Please provide a copy of any naming rights proposal or agreement. There are currently no naming rights in the Grand River Center thus no proposal or agreement exists. Food and Beverage 1. Is all the Food and Beverage Equipment in the kitchen, including the dishwashing machine operational? Yes. 2. What were the annual F&B sales for 2018, 2019 and 2021 ? a. What % of those sales were alcohol? b. Can you provide check averages for breakfast, lunch, & dinner? c. What % of total meals were plated vs buffet? This information is proprietary due to the nature of the current management agreement thus the city does not have access to this information. 3. Were there any discounted sales for provided for government clients of the facility? If so, can you provide the amount? This is at the discretion of the manager under the current agreement. The discounted rate amount is at the discretion of the manager. 4. Provide verified counts of the china, glass, & silver inventory. The Center started with 3000 place settings of china, glass, and silver. The inventory has not been verified however according to the current agreements this inventory would need to be in place. 5. Provide copies of the most recent banquet and catering sales menu. This information can be found at https://www.grandrivercenter.com/ files/uqd/92e132 5fOd762eb5984b9fb23f3Ocf OaO7a5l7.pd and https://www.grandrivercenter.com/ files/uqd/92el32 Oa5de772365f4439ad8aa3 6b44d6a9aa.pdf. Rates are set independently by the manager. 6. Clarify the current status of the liquor license. The liquor license is held by the manager. 7. Confirm number and size of portable bar stations. 6 Cambro portable bars — 10' long currently. They are currently set up with Pepsi who provides service equipment. Finance 1 . Provide 3 years of historical, detailed profit & loss statements for the Conference Center. This information is proprietary information as the current Management Agreement as Platinum Hospitality operates the Grand River Center under a private business model. 2. Can you provide the proposed operating budget for FY2023? This information is proprietary information as the current Management Agreement as Platinum Hospitality operates the Grand River Center under a private business model. The City's operating approved operational budget FY 23 is as follows: GRAND RIVER CONFERENCE CENTER Budget High lights Expense Employee Expense Supplies and Services Machinery an J Equ i pme nt Total Expenses De bt on Projects pa id voith Sales Tax Fu nd (20 %) Property Tax Support Percent Increase (Decrease) IFY 2021 FY 2022 IFY 2023 Actual Budget Requested — — 27,526 376,856 535,443 557,606 — 175,580 '1160,680 376,856 711,023 745,812 30,506 29,847 29,010 376,856 711.023 745,812 I Can you provide the staffing organizational chart with titles/positions, as well as the current salaries for each position? Because the facility is operated in a private business model, the City does not have a staffing organization chart or current salaries. The City's Contract Administrator works with the owner and the General Manager of the Grand River Center regarding the operations and items of the current management N. agreement. The current agreement requires a general manager and housekeeping supervisor. 4. Can you provide the schedule of user fees charges along with room rental rates, standard charges for audio visual equipment, and/or other similar fees charged to facility users including any non-profit rates? Equipment rates can be found at https://www.qrandrivercenter.com/ files/uqd/92el32 603f73394ae84a9cb2388b 66a6ba3a32.pdf. Other rates are controlled by the manager including but not limited to non-profit rates. 5. Clarify the extent to which utility costs will be allocated to the Conference Center. The current management agreement outlines the city pays 50% and the manager pays 50%. It is done as a reimbursement to the manager. 6. Please provide historical utility expense information. Electric and Gas FY 20 $336,842 IFY 21 $248,220 FY 22 $311,948 Water, Sewer, Stormwater fees are the responsibility of the manager and thus the city does not have records of those costs. 7. Are there any outstanding contractual obligations remaining with the Conference Center that must be assumed by the incoming management company? Amadeus-event management software 8. Please provide the transient guest tax collection and distribution by the City of Dubuque for last three fiscal years including current forecast. The current agreement outlines that 25% of hotel motel tax of the Grand Harbor is paid to the management company. The last three fiscal years and current budget are as follows: FY 20 $73,967 FY 21 $74,571 FY 22 $86,928 IFY 23 budget $88,310 OVERALL 1. Please provide the current management agreement. Attached to Addendum #1 on RFP release site. The answers provided are to the best of my knowledge interpreting the questions or requests as asked. Marie L. Ware Leisure Services Manager mware(cb-cityofd u bug ue.org 563-589-4264 MANAGEMENT AGREEMENT between CITY OF DUBUQUE, IA and GLOBAL SPECTRUM, L.P. d/b/a OVG360 Effective Date: March 20, 2023 MANAGEMENT AGREEMENT This Management Agreement is entered into and made effective as of the Effective Date, by and between the City of Dubuque, Iowa, a municipality organized under the laws of the State of Iowa ("Owner"), and Global Spectrum, L.P., a Delaware limited partnership d/b/a OVG360 ("OVG"). RECITALS WHEREAS, Owner owns a convention center and event space consisting of approximately 86,000 square feet of space, including exhibition space, meeting rooms, and ballroom space, located in Dubuque, IA at 500 Bell Street and currently known as the Grand River Center (the "Facility"); and WHEREAS, the financial and operational success and maintenance of the Facility is of the highest importance to the Owner; WHEREAS, Owner desires to engage OVG to manage and operate the Facility on behalf and for the benefit of Owner, and OVG desires to accept such engagement, pursuant to the terms and conditions contained herein; and NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: ARTICLE 1 DEFINITIONS For purposes of this Agreement, the following terms have the meanings referred to in this Section: Affiliate: A person or company that directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, a specified person or company. Agreement: This Management Agreement, together with all schedules and exhibits attached hereto, each of which are incorporated herein as an integral part of this Agreement. Capital Expenditures: All expenditures for building additions, alterations, repairs or improvements, and for purchases of additional or replacement furniture, machinery, or equipment, where the cost of such expenditure is greater than $5,000 and the depreciable life of the applicable item is, according to generally accepted accounting principles, is in excess of one year. Commencement Date shall have the meaning given to such term in Section 4.1 hereof. Commercial Rights: Naming Rights, pouring rights, advertising, sponsorships, the branding of food and beverage products for resale, and, if applicable, any premium seating (including clubs, suites, and party suites) at or with respect to the Facility and owned or controlled by Owner. Commercial Rights Contracts: Any contracts for the purchase and sale of Commercial Rights, which shall be in writing and duly executed by the parties thereto. Commercial Rights Fee: shall have the meaning given to such term in Section 3.3 hereof. Commercial Rights Revenue: shall mean all revenue (including cash and trade, with such trade valued at its retail price in an arms -length transaction) derived from the sale of Commercial Rights, including Naming Rights. CPI: The "Consumer Price Index" for all urban consumers, Midwest region, all items, not seasonally adjusted as published by the United States Department of Labor, Bureau of Labor Statistics or such other successor or similar index. Effective Date: shall have the meaning ascribed to such term in the cover page of this Agreement. Emergency Repair: The repair of a condition which, if not performed immediately, creates an imminent danger to persons or property and/or an unsafe condition at the Facility threatening persons or property and was not the result of acts or omissions constituting gross negligence or willful misconduct of OVG. Event Account: A separate i nterest-bea ring account in the name of Owner and under Owner's Federal ID number in a local qualified public depository, to be designated by Owner, where advance ticket sale revenue is deposited by OVG. Event Revenue: All Revenue generated from events at the Facility (including food and beverage, audio-visual, decorating, rent, etc.). For avoidance of doubt, Event Revenue excludes revenues not attributable to individual events, such as Commercial Rights Revenue and other miscellaneous revenues or income. Event Revenue Benchmark: The Event Revenue Benchmark mutually agreed between the parties in connection with the Operating Budget developed each year; provided the Event Revenue Benchmark for the first Operating Year shall be $1,800,000, and in no event shall an Event Revenue Benchmark for subsequent Operating Years be less than such amount. Event of Force Majeure: An act of God or the public enemy, compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; pandernic or epidemic; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the party affected and which by the exercise of due diligence could not be reasonably prevented or overcome. Existing Contracts: Service Contracts, Revenue Generating Contracts, and other agreements relating to the day-to-day operation of the Facility existing as of the Effective Date, as set forth on Exhibit D attached hereto. Facility: shall have the meaning ascribed to such term in the Recitals to this Agreement, and shall be deemed to include the entire convention center complex, including but not limited to the meeting rooms, ballrooms, exhibition space, pre -function areas, common areas, lobby areas, executive and other offices, storage and utility facilities, as well as the entrances, ground, sidewalks, and parking areas immediately surrounding the Facility and adjacent thereto, as identified on Schedule I hereto. Page 2 of 39 FF&E: Furniture, fixtures, and equipment currently in place or to be procured for use at the Facility. Fixed Management Fee: The fixed monthly fee Owner shall pay to OVG under this Agreement, as more fully described in Section 3.1 of this Agreement. Facility. Food and Beverage Services shall have the meaning given to such term in Section 2.1(b) below. General Manager: The employee of OVG acting as the full-time on -site general manager of the Incentive Fees: The Qualitative Incentive and Revenue Incentive. Investment shall have the meaning given to such term in Section 11.3 of this Agreement. Laws: federal, state, local, and municipal laws, statutes, rules, regulations, and ordinances. Management -Level Employees: The General Manager, Assistant General Manager (if applicable), and any department head employed by OVG to perform services at the Facility (including, if applicable, employees performing the function of the Director of Finance, Director of Operations and Events, Director of Sales and Marketing, and Director of Food and Beverage/Head Chef. Marketing Plan: A plan for the advertising and promotion of the Facility and Facility events, which may contain but not be limited to the following elements: (i) market research, (ii) market position, (iii) marketing objectives, (iv) marketing strategies, (v) booking priorities, (vi) targeted events - local, regional, national, and international, (vii) targeted meetings, conventions, and trade shows, (viii) industry advertising campaign, (ix) internal and external support staff, (x) advertising opportunities at the local, regional, and national level, (xi) attendance at various trade shows, conventions, and seminars, (xii) incentive formulas for multiple event presenters, (xiii) merchandising and retail, (xiv) food and beverage, (xv) a plan for the sale of commercial rights, including without limitation naming rights, pouring rights, advertising signage, sponsorships (including event sponsorships), and branding of food and beverage products for resale, (xvi) a plan regarding national, regional, and local public relations and media relations, and (xvii) policies regarding the use of trade/barter. Naming Rights: The specific set of commercial rights to name the overall Facility and/or individual rooms, halls, or other individual spaces within the Facility. Operating Account: A separate interest -bearing account in the name of Owner and under Owner's Federal ID number in a local qualified public depository, to be designated by Owner, where Revenue is deposited and from which Operating Expenses are paid. Operating Budget: A line -item budget for the Facility that includes a projection of Revenues, including Event Revenue, and Operating Expenses, including projected Fixed Management Fees and all Incentive Fees, presented on a monthly and annual basis. Operating Expenses: All expenses incurred by OVG in connection with its operation, promotion, maintenance and management of the Facility, including but not limited to the following: (i) employee Page 3 of 39 payroll, benefits, relocation costs, severance costs, bonuses, and related costs, (ii) cost of operating supplies, including general office supplies, (iii) advertising, marketing, group sales, and public relations costs, (iv) cleaning expenses, (v) data processing costs, (vi) dues, subscriptions, and membership costs, (vii) printing and stationary costs, (viii) postage and freight costs, (ix) equipment rental costs, (x) repairs, maintenance, and equipment servicing, (xi) security expenses, (xii) telephone and communication charges, (xiii) reasonable travel and sustenance expenses of OVG employees, (xiv) cost of employee uniforms and identification, (xv) exterminator, snow, and trash removal costs (xvi) computer, software, hardware, and training costs, (xvii) parking expenses, (xviii) utility expenses, (xix) other office expenses (for Facility -based offices), (xx) audit and accounting fees, (xxi) legal fees and costs, (xxii) all bond and insurance costs (including but not limited to personal property, liability, and worker's compensation insurance, as well as the other insurance coverages required hereunder), including, without limitation, the cost of any coverage deductibles, coinsurance penalties, or self -insured retention under insurance policies, (xxiii) commissions and all other fees payable to third parties (e.g. commissions relating to food, beverage, and merchandise concessions services and commercial rights sales), (xxiv) cost of complying with any Laws, (xxv) costs incurred by OVG to settle or defend any claims asserted against OVG arising out of its operations at the Facility on behalf of Owner; (xxvi) costs incurred under Service Contracts and other agreements relating to Facility operations, (xxvii) Taxes, (xxviii) the Fixed Management Fee, (xxix) costs to OVG for managing and/or performing the Food and Beverage Services, including employee - related expenses, and (xxx) costs incurred in connection with the marketing and sale of Commercial Rights. The term "Operating Expenses" does not include debt service on the Facility, Capital Expenditures, Transition Costs, property taxes, insurance on the Facility or Owner's property or contents within the Facility, or the Incentive Fee, all of which costs shall be borne by Owner. Owner shall receive a dollar -for - dollar credit on future Operating Budgets for the cost of any Operating Expense paid by Owner when such cost, in whole or in part, is later recovered by OVG. This credit shall apply whether such costs were paid using funds in the Operating Account or otherwise, and such credit shall be applied against one or more payments due to OVG from Owner under this Agreement or shall be added to any one or more payments due to Owner from OVG under this Agreement. (For example, if OVG pays an employee's relocation costs from the Operating Account, and OVG later recovers all or a portion of those costs from or on behalf of said employee (whether due to the employee's resignation or some other reason), Owner shall be entitled to a credit equal to the amount recovered by OVG.) For avoidance of doubt, the foregoing right of offset shall only apply during the Term of this Agreement, and Owner shall have no rights of recovery in connection with such amounts following the Term. Operating Year: Each 12-month period during the Term, commencing on July 1, 2023, and continuing on the anniversary of such date, with the first Operating Year to commence July 1, 2023. Operations Manual: Document to be developed by OVG which shall contains terms regarding the management and operation of the Facility, including detailed policies and procedures to be implemented in operating the Facility, as agreed upon by both Owner and OVG. OVG: shall have the meaning given to such term in the opening paragraph to this Agreement. Owner: shall have the meaning given to such term in the opening paragraph to this Agreement. Qualitative Incentive: shall have the meaning given to such term in Section 3.2 hereof. Page 4 of 39 Revenue: All gross revenues generated by OVG's operation of the Facility, including but not limited to event ticket proceeds income, rental and license fee income, merchandise income, gross food and beverage income, gross income from any sale of Commercial Rights, gross service income, equipment rental fees, box office income, and miscellaneous operating income, but shall not include event ticket proceeds held by OVG in trust for a third party and paid to such third party. Revenue -Generating Contracts: Vendor, concessions and merchandising agreements, user/rental agreements, booking commitments, licenses, and all other contracts or agreements generating revenue for the Facility and entered into in the ordinary course of operating the Facility. Revenue Incentive: shall have the meaning given to such term in Section 3.2. hereof. Service Contracts: Agreements for services to be provided in connection with the operation of the Facility, including without limitation agreements for ticketing, web development and maintenance, computer support services, FF&E purchasing services, engineering services, electricity, steam, gas, fuel, general maintenance, HVAC maintenance, telephone, staffing personnel including guards, ushers and ticket takers, extermination, elevators, stage equipment, fire control panel and other safety equipment, snow removal and other services which are deemed by OVG to be either reasonably necessary or reasonably useful in operating the Facility. Stub Operating Year: shall mean from the Commencement Date through June 30, 2023. Taxes: Any and all governmental assessments, franchise fees, excises, license and permit fees, levies, charges, and taxes, of every kind and nature whatsoever ' which at any time during the Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, (i) activities conducted on behalf of Owner at the Facility, including without limitation the sale of concessions, the sale of tickets, and the performance of events (such as any applicable sales and/or admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and withholding taxes), or (ii) any payments received from any holders of a leasehold interest or license in or to the Facility, from any guests, or from any others using or occupying all or any part of the Facility. Term: shall have the meaning given to such term in Section 4.1 hereof. Trailing Commercial Rights Commissions: shall have the meaning given to such term in Section 3.3. hereof. Transition Budget: shall mean the budget reflecting anticipated Transition Costs attached hereto as Exhibit F, currently anticipated to be $30,000, with additional Transition Costs in excess of such amount to be subject to the prior written approval of Owner, not to be unreasonably withheld. Transition Costs: shall mean the out-of-pocket costs incurred, or to be incurred, by OVG in connection with its activities related to the transition of management of the Facility to OVG, as set forth in the Transition Budget, or as otherwise mutually agreed. Page 5 of 39 ARTICLE 2 SCOPE OF SERVICES Section 2.1 Engagement. (a) Owner hereby engages OVG during the Term to act as the sole and exclusive operator of the Facility, subject to and as more fully described in this Agreement, and, in connection therewith, to perform the services described in Exhibit A-1 attached hereto. (b) Owner hereby engages OVG (or its designee) during the Term to act as the sole and exclusive food and beverage provider of the Facility, subject to and as more fully described in this Agreement, and in connection therewith, to perform the services described in Exhibit A-2 (collectively, the "Food and Beverage Services"), attached hereto. Owner specifically agrees that pursuant to Section 12.3, OVG shall be permitted to assign, subcontract, or otherwise sublicense all or any portion of its rights and obligations in respect of the provision of such Food and Beverage Services, including, without limitation to an Affiliate, subject to Owner's approval (which shall not be unreasonably withheld or delayed). (c) Owner hereby engages OVG (or its designee) during the Term to act as the sole and exclusive representative for marketing of the Commercial Rights, including Naming Rights, subject to and as more fully described in this Agreement, and in connection therewith to perform the services described in Exhibit A-3 (collectively, the "Commercial Rights Services"), attached hereto. Owner specifically agrees that pursuant to Section 12.3, OVG shall be permitted to assign, subcontract, or otherwise sublicense all or any portion of its rights and obligations in respect of the provision of such Commercial Rights Services, including, without limitation to an Affiliate, subject to Owner's approval (which shall not be unreasonably withheld or delayed). Owner hereby acknowledges and agrees that OVG is not guaranteeing any level of purchase of, or the receipt of payment for, any Commercial Rights marketed by OVG pursuant to this Agreement, provided, however, that no such rights shall be given, assigned, or sold for no or nominal consideration without the express written permission of Owner. All Commercial Rights, including Naming Rights, are subject to approval by Owner's bond counsel. (d) OVG hereby accepts such engagement, and shall perform the services described herein, subject to the limitations expressly set forth in this Agreement and in the Operations Manual. Owner shall not sell, assign, transfer, grant, or license to any other party any of the exclusive rights granted to OVG pursuant to this Section 2.1. Section 2.2 Limitations on OVG's Duties. OVG's obligations under this Agreement are contingent upon and subject to Owner making available, in a timely fashion, the funds budgeted for and/or reasonably required by OVG to carry out such obligations during the Term. OVG shall not be considered to be in breach or default of this Agreement, and shall have no liability to Owner or any other party, in the event OVG does not perform any of its obligations hereunder due to failure by Owner to timely provide such funds. Page 6 of 39 ARTICLE 3 COMPENSATION Section 3.1 Fixed Management Fee. In consideration of OVG's performance of its services hereunder, Owner shall pay OVG a Fixed Management Fee. Beginning on the Effective Date and continuing through the first Operating Year, the Fixed Management Fee shall be $12,500 per month ($150,000/Operating Year). Beginning in the second Operating Year, the Fixed Management Fee shall be increased over the Fixed Management Fee from the previous Operating Year in accordance with the percentage increase in the CPI over the previous 12-month period (i.e., the difference, expressed as a percentage, between the value of the CPI published most recently prior to the commencement of the preceding Operating Year and the value of the CPI published most recently prior to the commencement of the Operating Year for which the CPI adjustment will apply). The Fixed Management Fee shall be payable to OVG in advance, beginning on the Commencement Date, and payable on the first day of each month thereafter (prorated as necessary for any partial months). OVG shall be entitled to pay itself such amount from the Operating Account. Section 3.2 Incentive Fees. In addition to the Fixed Management Fee, OVG shall be entitled to receive the following Incentive Fees for each full or partial Operating Year of the Term (with such Incentive Fees prorated for any partial Operating Years). The Incentive Fees, if earned, shall be paid to OVG no later than 90 days following the end of each Operating Year. • OVG shall be paid 20% of Event Revenue above the Event Revenue Benchmark (the "Revenue Incentive"). • In addition, OVG shall be eligible to earn up to $25,000 each Operating Year for achievement of the Operational Benchmarks as set forth on Exhibit B (the "Qualitative Incentive"). • The sum of the calculated annual Incentive Fees (Revenue Incentive plus Qualitative Incentive) paid to OVG shall not exceed the annual Fixed Management Fee paid to OVG. For avoidance of doubt, the calculation of the Revenue Incentive for the first Operating Year shall not include Event Revenue from the Stub Operating Year. Section 3.3 Commercial Rights Fee. In consideration for OVG's marketing of the Commercial Rights, OVG shall receive 20% of all Commercial Rights Revenue (the "Commercial Rights Fee"). The Commercial Rights Fee shall be paid to OVG for all years of each Commercial Rights agreement secured by OVG, including any years that extend beyond the end of the Term of this Agreement. The Commercial Rights Fee due to OVG following the conclusion of the Term is referred to herein as the "Trailing Commercial Rights Commissions". The Commercial Rights Fee shall be paid to OVG on a bi-annual basis, on or about the last day of June and December each calendar year, and OVG shall be entitled to pay itself such amount from the Operating Account upon providing documentation of such Commercial Rights Fee to Owner. The parties shall also hold a settlement at the conclusion of the Term, at which time Owner shall pay to OVG any portion of the Commercial Rights Fee due to OVG but not yet paid to OVG as of such date (other than Trailing Commercial Rights Commissions). Following the conclusion of the Term, Trailing Commercial Rights Commissions shall be paid to OVG within 30 days of receipt by Owner of the corresponding Commercial Rights Revenue arising from any Commercial Rights agreements which were secured by OVG. In connection with the Commercial Rights Fee and Trailing Commercial Rights Commissions, Owner agrees (i) to maintain books and records in accordance with generally accepted accounting practices, and (ii) to permit OVG to audit and inspect such books and records during normal Page 7 of 39 business hours and on reasonable advance notice, to confirm amounts due hereunder, including, following the conclusion of the Term (as it relates to Trailing Commercial Rights Commissions). To the extent any such audit reveals an underpayment Owner shall promptly pay OVG the amount of the underpayment, and if such underpayment to OVG is greater than two percent (2%) of amounts owed to OVG, Owner shall reimburse OVG for the reasonable costs of such audit. In the event OVG includes the value of any trade as part of the Commercial Rights Revenue, OVG shall, at the request of Owner, provide reasonable evidence establishing the retail price in an arms -length transaction. The terms in this Section 3.3 shall survive termination or expiration of this Agreement. Section 3.4 Transition Costs. Promptly following the Effective Date (or prior to the Effective Date, as applicable), OVG shall do all things reasonably necessary to transition from the current management of the Facility to the commencement of its management services hereunder. Owner shall reimburse OVG for the Transition Costs, in accordance with the Transition Budget. OVG shall invoice Owner for such costs, and Owner shall pay such costs within 30 days of its receipt of each such invoice. Each invoice to be provided by OVG shall be accompanied by reasonable back-up documentation evidencing the incurrence of the Transition Costs. Section 3.5 Late Payments. OVG shall have the right to assess interest on any payments of the fees described in this Section that are not made when due, provided that such late payment is not attributable to any act or omission of OVG. Such interest shall accrue at the rate of 6% per annum or the maximum rate allowed by law, whichever is less. ARTICLE 4 TERM; TERMINATION Section 4.1 Term. The initial term of this Agreement (the "Initial Term") shall begin on March 31, 2023 (the "Commencement Date"), and, unless sooner terminated pursuant to the provisions of Section 4.2 below, shall conclude on June 30, 2028; provided that the parties may mutually agree to extend this Agreement for an additional five-year period through June 30, 2033 (the "Renewal Term") by written agreement on or before January 1, 2028. The Initial Term and Renewal Term (as applicable) shall be referred to herein as the "Term." Section 4.2 Termination. This Agreement may be terminated: (a) by either party upon 60 days written notice, if the other party fails to perform or comply with any of the material terms, covenants, agreements, or conditions hereof, and such failure is not cured during such 60-day notification period, provided, however, if such failure cannot reasonably be cured within such 60-day period, then a longer period of time shall be afforded to cure such breach, up to a total of 90 days, provided that the party in default is diligently seeking a cure and the non - defaulting party is not irreparably harmed by the extension of the cure period, or (b) by either party immediately by written notice upon the other party being judged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other party shall be appointed and shall not be discharged within 120 days after appointment, or if either party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or insolvency Laws now in Page 8 of 39 force or hereinafter enacted, Federal, State or otherwise, or if such involuntary bankruptcy petition shall be filed against either party and shall not be dismissed within 120 days after such filing. Section 4.3 Effect of Termination Upon termination or expiration of this Agreement for any reason, (i) OVG shall promptly discontinue the performance of all services hereunder and peaceably surrender the Facility to Owner, (ii) Owner shall promptly pay OVG all fees due OVG up to the date of termination or expiration (subject to pro -ration if the Term ends other than at the end of the Operating Year), (iii) Owner shall pay to OVG all Operating Expenses incurred by OVG through the end of the Term that have not previously been paid, including costs of accrued but unused vacation time and other end of employment payments due to OVG's employees whose employment is being terminated OVG; (iv) Owner shall pay other reasonable costs incurred by OVG in withdrawing from its provision of services at the Facility, including, without limitation, (1) to the extent any Management -Level Employee's employment with OVG will cease concurrently with the termination or expiration of this Agreement, Owner shall reimburse OVG for any severance paid to certain employees in accordance with OVG's then -current employment policies, which have been provided to Owner, which if this Agreement concludes on or before June 30, 2028, shall not exceed 3 months' salary, and if this Agreement concludes after such date shall not exceed 6 months' salary for the General Manager and Executive Chef, and regardless of when this Agreement concludes, shall not exceed 2 months' salary for any other Management -Level Employee for which this would apply, (11) reasonable household relocation expenses for OVG's Management -Level Employees, but only to the extent any such individuals had previously relocated to the Facility (or its surrounding areas) in connection with this Agreement; provided that the foregoing (1) and (11) shall not be due if the Agreement is terminated by Owner pursuant to Section 4.2, above, and (111) costs incurred in connection with termination and/or assignment of Service Contracts and/or Revenue Generating Contracts, or other contracts or leases entered into by OVG pursuant to this Agreement; (v) OVG shall make available to Owner all data, electronic files, log -in information, passwords, maintenance records, documents, procedures, reports, estimates, summaries, contracts, rental agreements, and other such information and materials with respect to the Facility as may have been accumulated by OVG in performing its obligations hereunder ' whether completed or in process, and (vi) without any further action on part of OVG or Owner, Owner shall, or shall cause the successor Facility manager to, assume all obligations arising after the date of such termination or expiration, under any Service Contracts, Revenue Generating Contracts, Commercial Rights Contracts, booking commitments, and any other Facility agreements entered into by OVG in furtherance of its duties hereunder. Owner's payment of such expenses will occur only after OVG has provided reasonable evidence of the incurrence of such expenses. Any obligations of the parties that are specifically intended to survive expiration or termination of this Agreement shall survive expiration or termination hereof. ARTICLE 5 OWNERSHIP; USE OF THE FACILITY; FOOD AND BEVERAGE AREAS Section 5.1 Ownership of Facility, Data, Equipment, and Materials. Owner will at all times retain Ownership of the Facility, including but not limited to real estate, technical equipment, furniture, displays, fixtures, website, intellectual property relating to the Facility, and similar property, including improvements made during the Term, at the Facility. Any data, equipment, or materials furnished by Owner to OVG or acquired by OVG as an Operating Expense shall remain the property of Owner and shall be returned to Owner when no longer needed by OVG to perform under this Agreement. Notwithstanding the above, Owner shall not have the right to use any third -party software licensed by OVG for general use by OVG at the Facility and other facilities managed by OVG, the licensing fee for which is proportionately Page 9 of 39 allocated and charged to the Facility as an Operating Expense; such software may be retained by OVG upon expiration or termination hereof. Furthermore, Owner recognizes that the Operations Manual to be developed and used by OVG hereunder is proprietary to OVG and shall belong to OVG at the end of the Term; Owner shall not use or maintain copies thereof upon the end of the Term; provided any Owner - owned material provided in connection with such Operations Manual shall be retained by Owner. Section 5.2 Right of Use by OVG. Owner hereby gives OVG the right and license to use the Facility, and OVG accepts such right of use, for the purpose of performing the services herein specified, including the operation and maintenance of all physical and mechanical facilities necessary for, and related to, the operation, maintenance, and management of the Facility. Owner shall provide OVG with a sufficient amount of suitable office space in the Facility and with such office equipment as is reasonably necessary to enable OVG to perform its obligations under this Agreement. In addition, Owner shall make available to OVG, at no cost, parking spaces adjacent to the Facility for all of OVG's full-time employees and for the Facility's event staff. Section 5.3 Observance of Agreements. Owner agrees to pay, keep, observe, and perform all payments, terms, covenants, conditions, and obligations under any leases, bonds, debentures, loans, and other financing and security agreements to which Owner is bound in connection with its ownership of the Facility. Section 5.4 Use by Owner. Owner shall have the right to use the Facility or any part thereof for meetings, seminars, training classes, or other uses, with rates to be commiserate with published rates provided by OVG, including Owner's responsibility for all expenses (such as the cost of food and beverage, ushers or guards, ticket takers, set-up and take -down personnel, security expenses, and other expenses) in connection with such use, and the parties agree to follow all relevant booking procedures for such use as set forth in the Operations Manual. In the unlikely event of a city-wide emergency, Owner shall have the right to use the Facility or any part thereof as an emergency shelter or other emergency purposes. If OVG must cancel any event due to Owner's use of the Facility or any part thereof pursuant to this paragraph, Owner shall reimburse OVG for (i) any direct expense, including but not limited to, the loss of actual contractual rental of any event canceled due to such emergency use; and (ii) any actual out-of- pocket expenses incurred by OVG and caused by such emergency use, including but not limited to clean- up costs and food costs. All such reimbursements shall be limited to those expenses related to that portion or portions of the Facility actually used by Owner for emergency purposes. Section 5.5 Food and Beverage Areas. Immediately following the Effective Date, Owner shall, at no cost to OVG, provide for use by OVG a turnkey operation for the provision of Food and Beverage Services, equipped with equipment, smallwares, and other tools of the trade reasonably required by OVG to provide the Food and Beverage Services at the level required by this Agreement. Owner and OVG shall work together in good faith immediately upon the Effective Date to determine what, if any, additional equipment is needed for OVG to provide the Food and Beverage Services. OVG shall have the exclusive right to use (or permit a third party to use, as applicable) the concession stands, novelty stands, customer serving locations, food preparation areas, vendor commissaries, kitchen and warehouse facilities, and other food service related areas of the Facility, together with the improvements, equipment, and personal property upon or within such areas, for the purpose of providing the Food and Beverage Services (and providing other duties required of OVG hereunder). Page 10 of 39 ARTICLE 6 PERSONNEL Section 6.1 Generally. All Facility staff and other personnel shall be engaged or hired by OVG, and shall be employees, agents, or independent contractors of OVG (or an Affiliate thereof) and not of Owner. OVG shall select, in its sole discretion but subject to Owner's right to approve the Operating Budget, the number, function, qualifications, and compensation, including salary and benefits, of its employees and shall control the terms and conditions of employment (including without limitation termination thereof) relating to such employees. OVG agrees to use reasonable and prudent judgment in the selection and supervision of such personnel. OVG shall recruit and develop a customer friendly, service -oriented, and well -trained labor workforce. Owner specifically agrees that OVG shall be entitled to pay its employees, as an Operating Expense, bonuses, and benefits in accordance with OVG's then current employee manual, which may be modified by OVG from time to time, provided that OVG has obtained Owner's prior written consent regarding the establishment of such wages and/or bonuses. A copy of OVG's current employee manual shall be provided to Owner upon request. To the extent applicable, Owner shall pay all accrued but unused vacation time to its employees whose employment with Owner is terminating and whose employment with OVG is commencing. Section 6.2 General Manager. Personnel engaged by OVG will include an individual with managerial experience in similar facilities to serve as a full-time on -site General Manager of the Facility. Hiring of the General Manager by OVG shall require the prior approval of Owner, which approval shall not be unreasonably withheld or delayed; provided, however, in the event of a vacancy in the General Manager position, OVG may, upon notice to Owner, temporarily fill such position with an interim General Manager for up to ninety (90) days without the necessity of obtaining Owner's approval. The General Manager will have general supervisory responsibility for OVG and will be responsible for day-to-day operations of the Facility, supervision of employees, and management and coordination of all activities associated with events taking place at the Facility. Section 6.3 Non -Sol icitation/Non-H i ring. During the Term and for a period of one (1) year after the end of the Term, neither Owner nor any of its Affiliates shall solicit for employment any of OVG's Management -Level Employees. In addition to the foregoing, during the Term and for a period of one (1) year after the end of the Term, neither Owner nor any of its Affiliates shall hire for employment the General Manager or Executive Chef (or equivalent positions with different titles). Owner acknowledges that OVG will spend a considerable amount of time identifying, hiring, and training individuals to work in such positions, and that OVG will suffer substantial damages, the exact amount of which would be difficult to quantify, if Owner were to breach the terms of this Section by hiring or soliciting for employment any of such individuals. Accordingly, in the event of a breach or anticipated breach of this Section by Owner, OVG shall be entitled (in addition to any other rights and remedies which OVG may have at law or in equity, including money damages) to equitable relief, including an injunction to enjoin and restrain Owner from continuing such breach, without the necessity of posting a bond. ARTICLE 7 OPERATING BUDGET Section 7.1 Establishment of Operating Budget. Attached hereto as Exhibit C is the Operating Budget for the Stub Operating Year and first Operating Year, which Operating Budgets are hereby approved by both OVG and Owner. OVG agrees that at least 90 days prior to the commencement of each Page 11 of 39 subsequent Operating Year, in respect of such year, it will prepare and submit to Owner its proposed Operating Budget for such year. Each annual Operating Budget shall include OVG's good faith projection of Revenues and Operating Expenses, presented on a monthly and annual basis, for the upcoming Operating Year. Owner agrees to provide OVG with all information in its possession necessary to enable OVG to prepare each Operating Budget. Notwithstanding the foregoing, Owner shall have no duty to provide any information which is subject to confidentiality agreements with third parties, which constitutes confidential or proprietary information or trade secrets, or which is prohibited from disclosure by any applicable Laws, but shall be solely responsible to the extent such information has a material impact on any applicable Operating Budget (i.e., if withholding such information has prevented OVG from reasonably foreseeing an expense, such expense shall be borne by Owner directly). Section 7.2 Approval of Operating Budget. Each annual Operating Budget shall be subject to the review and approval of Owner, which approval shall not be unreasonably withheld or delayed. In order for Owner to fully evaluate and analyze such budgets or any other request by OVG relating to income and expenses, OVG agrees to provide to Owner such reasonable financial information relating to the Facility as may be requested by Owner from time to time. If events occur during any Operating Year that could not reasonably be contemplated at the time the corresponding Operating Budget was prepared, OVG may submit an amendment to such budget for review and approval by Owner (which approval shall not be unreasonably withheld or delayed). If Owner fails to approve any annual Operating Budget (or any proposed amendment thereto), Owner shall promptly provide OVG the specific reasons therefor and its suggested modifications to OVG's proposed Operating Budget or amendment in order to make it acceptable. The parties shall then engage in good faith discussions and use reasonable commercial efforts to attempt to resolve the matter to the mutual satisfaction of the parties. For the avoidance of doubt, any modified or amended Operating Budget is subject to final approval of Owner. Section 7.3 Adherence to Operating Budget. OVG shall use all reasonable efforts to manage and operate the Facility in accordance with the Operating Budget. However, Owner acknowledges that notwithstanding OVG's experience and expertise in relation to the operation of facilities similar to the Facility, the projections contained in each Operating Budget are subject to and may be affected by changes in financial, economic, and other conditions and circumstances beyond OVG's control, and that OVG shall have no liability if the numbers within the Operating Budget are not achieved. OVG agrees to notify Owner within 30 days of any significant change or variance in the bottom -line number in the Operating Budget (defined as a variance of 20% or more), and any material increase in total Facility expenses from that provided for in the Operating Budget. In either such case and if requested by Owner, OVG agrees to work with Owner to develop and implement a plan (or changes to the then current plan) to limit Operating Expense to be incurred in the remaining months of such Operating Year with the goal of achieving the Operating Budget. ARTICLE 8 PROCEDURE FOR HANDLING INCOME Section 8.1 Event Account. To the extent the Facility hosts a ticketed event and collects advance ticket sale revenue and/or admissions tax, OVG shall deposit as soon as practicable following receipt, in the Event Account all revenue received from ticket sales and similar event -related revenues which OVG receives in contemplation of, or arising from, an event, pending completion of the event. Such monies will be held in escrow for the protection of ticket purchasers, Owner, and OVG, to provide a source of funds as required for payments to performers and for payments of direct incidental expenses in Page 12 of 39 connection with the presentation of events that must be paid prior to or contemporaneously with such events. Promptly following completion of such events, OVG shall transfer all funds remaining in the Event Account from such event, including interest accrued thereon, into the Operating Account. Bank service charges, if any, on such Event Account shall be deducted from interest earned before utilizing other funds in such Event Account. Section 8.2 Operating Account. Except as provided in Section 8.1, all Revenue derived from operation of the Facility shall be deposited by OVG into the Operating Account as soon as practicable upon receipt (but not less often than once each business day). The specific procedures (and authorized individuals) for making deposits to and withdrawals from such account shall be set forth in the Operations Manual, but the parties specifically agree that OVG shall have authority to sign checks and make withdrawals from such account, subject to the limitations of this Agreement, without needing to obtain the co -signature of an Owner employee or representative. Section 8.3 Internal Controls. Owner shall have the right to conduct an annual review of OVG's internal controls and procedures related thereto. Such review may be conducted by Owner or Owner's third -party designee, as determined by Owner. Owner shall provide reasonable advance notice to OVG of the timing of any such review and shall work with OVG to minimize the impact of each such review on OVG's operations. ARTICLE 9 FUNDING Section 9.1 Source of Fundbg. OVG shall pay all items of expense for the operation, maintenance, supervision, and management of the Facility from the funds in the Operating Account, which OVG may access periodically for this purpose. The Operating Account shall be funded with amounts generated by operation of the Facility (as described in Article 8 above), or otherwise made available by Owner. To ensure sufficient funds are available in the Operating Account, Owner will deposit in the Operating Account, on or before the Effective Date, the budgeted or otherwise approved expenses for the month beginning on the Effective Date. Owner shall thereafter, on or before the first day of each succeeding month following the Effective Date, deposit (or allow to remain) in the Operating Account the budgeted or otherwise approved expenses for each such month. OVG shall have no liability to Owner or any third party in the event OVG is unable to perform its obligations hereunder, or under any third party contract entered into pursuant to the terms hereof, due to the fact that sufficient funds are not made available to OVG to pay such expenses in a timely manner. For all funds in the Operating Account except those reserved for budgeted or otherwise approved expenses, Owner shall have absolute discretion regarding whether such funds remain in the Operating Account or are withdrawn by Owner, and Owner shall have no obligation to utilize any such funds for any particular purpose. Section 9.2 Advancement of Funds. Under no circumstances shall OVG be required to pay for or advance any of its own funds to pay for any Operating Expenses. In the event that, notwithstanding the foregoing, OVG agrees to advance its own funds to pay Operating Expenses, Owner shall promptly reimburse OVG for the full amount of such advanced funds, plus interest at a rate to be mutually agreed. Page 13 of 39 ARTICLE 10 FISCAL RESPONSIBILITY; REPORTING Section 10.1 Records. OVG agrees to keep and maintain, at its office in the Facility, separate and independent records, in accordance with generally accepted accounting principles, devoted exclusively to its operations in connection with its management of the Facility, including all related contracts and supporting documentation. Such records (including books, ledgers, journals, and accounts) shall contain all entries reflecting the business operations of OVG under this Agreement. Owner or its authorized agent shall have the right to audit, inspect, and obtain copies (whether paper, electronic, or both) of such records from time to time during the Term and for 3 years following the termination or expiration of this Agreement, upon reasonable notice to OVG and during OVG's ordinary business hours. OVG agrees to maintain such records, including all related contracts and supporting documentation, for a period of at least 3 years following the termination or expiration of this Agreement. Section 10.2 Monthly Financial Reports. OVG agrees to provide to Owner, within 30 days after the end of each month during the Term, financial reports for the Facility including a balance sheet, aging report on accounts receivable, and statement of revenues and expenditures (budget to actual) for such month and year to date in accordance with generally accepted accounting principles, provided however the first financial statement OVG shall provide shall be within 30 days following the second month of the Term, and shall cover the first 2 months of the Term. In addition, starting with the second month of the Term, OVG agrees to provide Owner a summary of bookings for each such month, and separate cash receipts and disbursements reports for each event held at the Facility during such month. Additionally, OVG shall submit to Owner, or shall cause the applicable public depository utilized by OVG to submit to Owner, on a monthly basis, copies of all bank statements concerning the Event Account and the Operating Account. Section 10.3 Audit. OVG agrees to provide to Owner, within 120 days following the end of each Operating Year, a certified audit report on the accounts and records as kept by OVG for the Facility. Costs associated with obtaining such certified audit report shall be an Operating Expense of the Facility. Such audit shall be performed by an external auditor approved by Owner and shall be conducted in accordance with generally accepted auditing standards. ARTICLE 11 CAPITAL IMPROVEMENTS; OVG CONTRIBUTION Section 11.1 Schedule of Capital Expenditures. OVG shall annually, at the time of submission of the annual Operating Budget to Owner, provide to Owner a schedule of proposed capital improvements to be made at the Facility, for the purpose of allowing Owner to consider such projects and to prepare and update a long-range Capital Expenditure budget. Section 11.2 Responsibility for Capital Expenditures. Owner shall be solely responsible for all Capital Expenditures at the Facility; provided, however, Owner shall be under no obligation to make any Capital Expenditures proposed by OVG, and provided further that OVG shall have no liability for any claims, costs, or damages arising out of a failure by Owner to make any Capital Expenditures. Notwithstanding the foregoing, OVG shall have the right (but not the obligation), upon notice to Owner, to make Capital Expenditures at the Facility for Emergency Repairs. In such event, Owner shall reimburse OVG for the cost of such Emergency Repair/Capital Expenditure within 30 days of Owner's receipt of the Page 14 of 39 invoice and other supporting documentation (as may be reasonably requested by Owner) from OVG. The Owner shall reimburse OVG for the full amount of the repair for repairs over $5,000 and under $50,000. Any repair, whether an Emergency Repair or otherwise, which exceeds or is reasonably anticipated to exceed $50,000 must be approved by Owner, which approval shall not be unreasonably withheld or delayed. Section 11.3 OVG Contribution. OVG shall make a capital contribution of $300,000 (the "Investment") at the Facility for event business fund, leasehold improvements, and/or capital equipment dedicated to the Facility or other revenue generating initiatives, as mutually agreed by Owner and OVG. If applicable, the location for any improvements or installation of equipment shall be mutually agreed in advance. The Investment shall be made during the first Operating Year and once identified, the specific equipment and other related tangible personal property to be purchased with the Investment shall be set forth in a writing to be signed by the parties and updated by the parties from time to time as necessary to reflect any replacements or substitutions thereof. Any portion of the Investment which, during the first Operating Year, is not (i) identified for the purchase of specific equipment or other related tangible personal property or (ii) otherwise designated pursuant to this Section 11.3, shall be deposited into an event business fund account, to be used as provided in this Section 11.3, and the balance thereof, if any, shall carry over from year to year. All equipment, improvements, and other items purchased with the Investment, including any replacements or substitutions thereof, shall be owned by OVG until payment of the Buyout Amount (as described below), and Owner agrees to execute such documents as OVG shall reasonably request evidencing OVG's ownership interest in such improvements and equipment, including financing statements. For the sake of clarity, nothing in this paragraph shall be construed as requiring OVG to replace any equipment or other personal property at its own cost. Section 11.4 BuVout Amount. The Investment shall be amortized on a straight-line basis over a ten-year period (at the rate of 1/120 per month), commencing on the Effective Date. Within 5 days of the expiration or early termination of this Agreement (for any reason whatsoever, including without limitation if due to a breach, default, or bankruptcy event by or affecting OVG, or if the parties do not mutually agree to the Renewal Term), Owner shall immediately pay to OVG the unamortized amount of the Investment (the "Buyout Amount"). In the event that Owner fails to pay OVG the Buyout Amount when due, the Buyout Amount shall accrue interest at the rate of 6% per annum, or the highest rate permitted by law, whichever is less. Section 11.5 Title to Improvements and Investments. Owner covenants and agrees not to permit any liens or encumbrances to attach to the leasehold improvements and equipment purchased with the Investment, and hereby waives any right to attach any claim, lien, or attachment to such improvements or equipment. Once the Investment is fully amortized or the Buyout Amount is paid in full to OVG, title to the equipment and improvements purchased with the Investment will become vested in Owner, and OVG agrees to execute all necessary documents to evidence same. The rights of OVG set forth in this Section shall be in addition to any other rights of OVG at law or in equity. ARTICLE 12 FACILITY CONTRACTS; TRANSACTIONS WITH AFFILIATES Section 12.1 Existing Contracts. Owner shall use its best efforts to provide to OVG, on or before the Commencement Date, copies of all Existing Contracts, a list of which will be attached to this Agreement as Exhibit D; provided that to the extent Owner does not provide any Existing Contract, OVG Page 15 of 39 shall not be required to administer or otherwise comply with such Existing Contract and shall be relieved of any liability relating thereto. Except as provided for in the preceding sentence, OVG shall administer and assure compliance with such Existing Contracts. Section 12.2 Execution of Contracts. OVG shall have the right to enter into Service Contracts, Revenue Generating Contracts, Commercial Rights Contracts, and other contracts related to the operation of the Facility, as agent on behalf of Owner and subject to the terms of this Agreement; provided all Commercial Rights Contracts involving Naming Rights shall be subject to the prior written approval of Owner, in Owner's sole and absolute discretion. Any such material agreements shall contain standard indemnification and insurance obligations on the part of each vendor, licensee, or service provider, as is customary for the type of services or obligations being provided or performed by such parties. OVG shall obtain the prior written (email shall be sufficient) approval of Owner before entering into any contract with a term that expires after the Term of this Agreement, unless such contract, by its express terms, can be terminated by OVG or Owner following expiration of the Term without any penalty. Section 12.3 Transactions with Affiliates. In connection with its obligations hereunder relating to the purchase or procurement of services for the Facility (including without limitation, the Food and Beverage Services, ticketing services, Commercial Rights Services, web design and graphic design services) OVG may purchase or procure such services, or otherwise transact business with, an Affiliate of OVG, provided that the prices charged and services rendered by such Affiliate are competitive with those obtainable from any unrelated parties rendering comparable services. OVG shall, at the request of Owner, provide reasonable evidence establishing the competitive nature of such prices and services, including, if appropriate, competitive bids from other persons seeking to render such services at the Facility. Prior to entering into any transaction subject to this Section 12.3, OVG shall obtain the written consent of Owner, which shall not be unreasonably withheld or delayed. ARTICLE 13 AGREEMENT MONITORING Section 13.1 Contract Administrator. Each party shall appoint a contract administrator who shall monitor such party's compliance with the terms of this Agreement. OVG's contract administrator shall be its General Manager at the Facility, unless OVG notifies Owner of a substitute contract administrator in writing. Owner shall notify OVG of the name of its contract administrator within 30 days of execution hereof. Any and all references in this Agreement requiring OVG or Owner participation or approval shall mean the participation or approval of such party's contract administrator. Section 13.2 Monthly Meetings and Inspections. OVG, Owner's contract administrator, and other appropriate personnel, as determined by the parties, will meet monthly on topics including but not limited to financials and forecasting, sales and marketing, promotions, event mix, repairs and maintenance, anticipated changes in management, satisfaction surveys, and performance metrics. During the Stub Operating Year and first Operating Year, OVG shall provide Owner with a written monthly operational report of the Facility; provided that the parties may mutually agree to a different cadence of such reports thereafter, as mutually agreed. The Owner's contract administrator or designee may enter the Facility at all reasonable times the Facility is open for the purposes of determining whether the terms and conditions of this Agreement are being fully and faithfully observed and performed. The Owner's Page 16 of 39 contract administrator or designee may conduct periodic inspections of the Facility at any time, whether with or without advanced notice to OVG. Section 13.3 Rates, Fees, and Discounts. OVG shall allow Owner to review and approve all rates, rate cards, published fees, and general discounting policies as set forth in the Operations Manual. Owner's approval shall not be unreasonably withheld or delayed. Section 13.4 Annual Report and Presentation to Council. OVG shall present an annual report and presentation to Owner's City Council following the completion of each Operating Year. The parties anticipate such report and presentation to occur in August of each year during which this Agreement is in effect. ARTICLE 14 INDEMNIFICATION Section 14.1 Indemnification by OVG. OVG agrees to defend, indemnify, and hold harmless Owner and its officials, directors, officers, employees, agents, successors, and assigns against any claims, causes of action, costs, expenses (including reasonable attorneys' fees), liabilities, or damages (collectively, "Losses") suffered by such parties and caused by any (a) negligent or reckless act or omission, intentional misconduct, or failure to comply with Laws attributable to OVG or any of its employees, agents, or subcontractors in the performance of its obligations under this Agreement, or (b) breach by OVG of any of its representations, covenants, warranties, or agreements made herein. Section 14.2 Indemnification by Owner. Owner agrees to defend, indemnify, and hold harmless OVG (including its parent, subsidiary, and affiliate companies) and each of their respective directors, officers, employees, agents, successors, and assigns against any Losses suffered by such parties and caused by any (a) negligent or reckless act or omission, intentional misconduct, or failure to comply with Laws attributable to Owner or any of its employees or agents in the performance of its obligations under this Agreement, (b) breach by Owner of any of its representations, covenants, warranties, or agreements made herein, (c) any environmental condition at the Facility or under the premises on which the Facility is located (including structural or construction defects (latent or patent), not solely caused by OVG, its employees, or agents, or (d) withdrawal liability for a share unfunded vested benefits under multiemployer plans (as that term is defined in 4001(a)(3) of the Employee Retirement Income Security Act of 1974). Section 14.3 Conditions to Indemnification. With respect to each separate matter brought by any third party against which a party hereto ("Indernnitee") who is indemnified by the other party ("Indemnitor") under this Article 14, the Inclemnitor shall be responsible, at its sole cost and expense, for controlling, litigating, defending, and/or otherwise attempting to resolve, through counsel of its choice, any proceeding, claim, or cause of action underlying such matter, except that (a) the Inclemnitee may, at its option, participate in such defense or resolution at its expense and through counsel of its choice; (b) the Inclemnitee may, at its option, assume control of such defense or resolution if the Inclemnitor does not promptly and diligently pursue such defense or resolution, provided that the Inclemnitor shall continue to be obligated to indemnify the Inclemnitee hereunder in connection therewith; and (c) neither Inclemnitor nor Inclemnitee shall agree to any settlement without the other's prior written consent (which shall not be unreasonably withheld or delayed). In any event, Inclemnitor and Inclemnitee shall in good faith cooperate with each other and their respective counsel with respect to all such actions or Page 17 of 39 proceedings, at the Indemnitor's expense. With respect to each and every matter to which any indemnification may be sought hereunder, upon receiving notice pertaining to such matter, Inclemnitee shall promptly give reasonably detailed written notice to the Inclemnitor of the nature of such matter and the amount demanded or claimed in connection therewith. Section 14.4 Survival. The obligations of the parties contained in this Article 14 shall survive the termination or expiration of this Agreement. Section 14.5 Legal Costs. Notwithstanding the other provisions of this Agreement, if legal costs are being incurred by OVG or Owner for a third party claim in respect of which Owner is claiming indemnity from OVG, such legal costs will be considered an Operating Expense unless and until liability of OVG pursuant to this Agreement is conclusively established by a court of competent jurisdiction with respect to the underlying claim on which OVG's obligation to indemnify is based, or as otherwise agreed by the parties in connection with the settlement of any claim. In the event that the liability of OVG is so conclusively determined, then such legal costs shall be considered costs of OVG (and not Operating Expenses) and covered by the indemnity given by OVG to Owner hereunder and the parties shall adjust between them in respect of such legal costs. ARTICLE 15 INSURANCE Section 15.1 Types and Amount of Coverage. OVG agrees to obtain insurance coverage in the manner and amounts as set forth in Exhibit E attached hereto, and shall provide to Owner promptly following the Effective Date a certificate or certificates of insurance evidencing such coverage. OVG shall maintain such referenced insurance coverage at all times during the Term and will not make any material modification or change from these specifications without the prior written approval of Owner. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by Owner's Chief Financial Officer. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Section 15.2 Additional Terms; Third Parties. All insurance policies shall comply with all additional terms listed on Exhibit E, attached hereto. OVG shall require that all third -party users of the Facility, including without limitation third -party licensees and/or vendors, to provide certificates of insurance evidencing insurance appropriate for the types of activities in which such user is engaged. If OVG subcontracts any of its obligations under this Agreement, OVG shall require each such subcontractor to secure insurance that will protect against applicable hazards or risks of loss as and in the minimum amounts designated herein, and name OVG and Owner as additional insureds. ARTICLE 16 REPRESENTATIONS, WARRANTIES AND COVENANTS Section 16.1 OVG Representations and Warranties. OVG hereby represents, warrants, and covenants to Owner as follows: Page 18 of 39 (a) that it has the full legal right, power, and authority to enter into this Agreement and to grant the rights and perform the obligations of OVG herein, and that no third -party consent or approval is required to grant such rights or perform such obligations hereunder; (b) that this Agreement has been duly executed and delivered by OVG and constitutes a valid and binding obligation of OVG, 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) that OVG will comply with all Laws applicable to its management of the Facility, provided that OVG shall not be required to undertake any compliance activity, nor shall OVG have any liability under this Agreement therefor if such activity requires any Capital Expenditure or funding of an Operating Expense that is not funded by Owner; (d) that OVG shall, to the best of its knowledge and belief, comply with all applicable provisions of the Americans with Disabilities Act, all applicable amendments thereto, and all applicable federal regulations promulgated thereunder (collectively, the "ADA"); (e) that, to the best of its knowledge and belief, all programs, policies, and alterations of any type initiated by OVG shall comply with the 2010 Standards for Accessible Design, the ADA Title 11 regulation, Section 504 of the 1973 Rehabilitation Act, all applicable amendments thereto, and all similar statutes and regulations prohibiting discrimination on the basis of disability; (f) that OVG shall, to the best of its knowledge and belief, ensure that its websites and all online services, including those websites or online services provided by third parties upon which OVG relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines — WCAG 2.1 AA; (g) that, to the best of its knowledge and belief, no relationship exists or will exist, during the Term hereof, between OVG and Owner that is a conflict of interest. The provisions of Iowa Code Chapter 68B (Government Ethics and Lobbying Act) shall apply to this Agreement. Accordingly, OVG shall promptly report any potential conflicts of interest to Owner; (h) that OVG has not employed any person to solicit or procure this Agreement. OVG has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive procurement in connection with this Agreement; 0) that, to the best of its knowledge and belief, all the materials and services produced or provided to Owner pursuant to the terms of this Agreement shall be wholly original with OVG or that OVG has secured all applicable interests, rights, licenses, permits, or other intellectual property rights in such materials and services. OVG represents and warrants, to the best of its knowledge and belief, that said materials and services, and Owner's use of the same, in accordance with this Agreement, and the exercise by Owner of the rights granted to it by this Agreement, in accordance with this Agreement, will not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. OVG further represents and warrants, to the best of its knowledge and belief, that said materials and services do not infringe upon the copyright, trademark, Page 19 of 39 trade name, trade dress, patent, statutory or common law, or any other rights of any person, firm, corporation, or other entity. Section 16.2 Owner Representations, Warranties and Covenants. Owner represents, warrants, and covenants to OVG as follows: (a) that it has the full legal right, power, and authority to enter into this Agreement and to grant the rights and perform the obligations of Owner herein, and that no other third -party consent or approval is required to grant such rights or perform such obligations hereunder. (b) that this Agreement has been duly executed and delivered by Owner and constitutes a valid and binding obligation of Owner, 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) that the Facility is, as of the Effective Date and to the best of Owner's knowledge and belief, in compliance in all respects with all applicable Laws relating to the construction, use, and operation of the Facility (including, without limitation, Title III of the American with Disabilities Act), and that there exist no structural defects or unsound operating conditions at the Facility. (d) that to the best of its knowledge and belief, that any materials provided by or modified by Owner hereunder, do not infringe upon the copyright, trademark, trade name, trade dress, patent, statutory or common law, or any other rights of any person, firm, corporation, or other entity. (e) that as of the Commencement Date, OVG shall have the full exclusive rights to the Facility as set forth herein, and no third party shall retain any rights to, or control of, the Facility or in connection with the exclusive services being provided by OVG hereunder. ARTICLE 17 FEDERAL TAX REQUIREMENTS Section 17.1 Compliance with Federal Tax Requirements. OVG understands that all or a portion of the Facility has been or may be financed on a tax-exempt basis (such financing, the "Bonds") and, as a result, Owner must comply with the Internal Revenue Code of 1986, as amended, and certain treasury regulations promulgated thereunder (collectively, the "Code"), with respect to the use and management of the Facility by OVG, and any other nongovernmental user of all or a portion of the Facility. OVG agrees to cooperate with Owner in complying with the requirements of the Code with respect to private business use of property financed with the Bonds at the Facility. Without limiting the generality of the foregoing, OVG agrees that the compensation hereunder does not and is not intended to provide OVG a share of the net profits of the Facility and agrees to cooperate with Owner in maintaining the safe harbor conditions provided in Revenue Procedure 2017-13 (as modified, amplified and/or superseded, the "Rev. Proc.") regarding qualified management contracts, and acknowledges that, as of the Effective Date, the Rev. Proc. includes the following safe harbor conditions, among others, that must be satisfied to ensure that the Bonds will maintain their tax-exempt status: (a) OVG and any other third -party manager shall agree that it is not entitled to and shall not take a tax position with respect to the Facility or any management agreement that is inconsistent with being a service provider to Owner that provides services at the Facility, Page 20 of 39 including, without limitation, taking any depreciation or amortization, investment tax credit, or deduction for any payment as rent with respect to the Facility. (b) In connection with OVG or any other third -party manager's services at the Facility and as described in the Rev. Proc., Owner approval is required for: (i) the annual budget of the Facility; (ii) each disposition of any portion of the Facility, (iii) rates charged for the use of all or any portion of the Facility, and (iv) and the general nature and type of use of the Facility by OVG. (c) Owner bears risk of all loss, including casualty loss of the Facility. (d) Neither OVG nor any other third -party manager shall have any role or relationship with Owner that, in effect, substantially limits Owner's ability to exercise its rights under any management agreement. OVG agrees to cooperate in good faith with Owner in order to ensure that this Agreement and OVG's services hereunder comply the requirements of the Code with respect to private business use of property financed with the Bonds at the Facility, including but not limited to ' maintaining the safe harbor conditions provided in the Rev. Proc (collectively, the "Private Use Requirements"). If Owner reasonably determines that the Commercial Rights Services or any other of OVG's services or actions hereunder violate the Private Use Requirements, OVG shall reasonably cooperate (without expenditure of material funds) to cease such services or actions following notice thereof from Owner. If following a good faith negotiation period of not less than 90 days (the "Negotiation Period"), Owner continues to reasonably determine that OVG's services or actions hereunder violate the Private Use Requirements notwithstanding OVG's reasonable cooperation efforts, Owner may terminate this Agreement in its sole discretion and without penalty for a period of 60 days following the end of the Negotiation Period. If Owner does not terminate this Agreement during such 60-day period, such termination right shall expire. If Owner reasonably determines that the terms of this Agreement violate the Private Use Requirements, the parties shall proceed in accordance with Section 17.2 below as if Changes (as defined below) had occurred. Section 17.2 Future Changes in Federal Tax Requirements. OVG agrees to negotiate in good faith with Owner to amend this Agreement from time to time (each, an "Amendment") to address any interpretations, modifications, or other changes in federal tax requirements regarding tax-exempt bonds, which may include any modifications and amplifications of the Rev. Proc. or requirements superseding the Rev. Proc. taking place after the Effective Date (collectively, "Changes") to ensure that the tax-exempt status of the Bonds utilized to finance all or a portion of the Facility is maintained. The parties acknowledge and agree that the terms of an Amendment shall be limited to modifying this Agreement in order to (i) maintain the tax-exempt status of the Bonds notwithstanding such Changes (without requiring a partial redemption or other remedial action with respect to the Bonds), and (ii) ensuring that the financial arrangements under this Agreement are materially maintained. Notwithstanding anything herein to the contrary, if following a Negotiation Period this Agreement is unable to be amended to the satisfaction of Owner with respect to clause (i) above, or Manager with respect to clause (ii) above, then this Agreement may be terminated by the applicable dissatisfied party in its sole discretion and without penalty for a period of 60 days following the end of the Negotiation Period. If neither party terminates this Agreement during such 60-day period, such termination right shall expire. Section 17.3 Remedies. Owner acknowledges and agrees that OVG is not responsible for determining whether this Agreement or the services hereunder comply with the Code or the Rev. Proc. Page 21 of 39 or otherwise with the requirements of the Bonds, and is relying on Owner's good -faith, reasonable determinations as to such matters. As such, OVG shall bear no responsibility with respect to maintaining the tax-exempt status of the Bonds, under no circumstances shall OVG be liable for any failure by Owner to maintain the tax-exempt status of the Bonds, notwithstanding anything to the contrary in this Agreement (including in connection with OVG's indemnification obligations set forth in Section 14), and Owner's sole remedies under this Agreement in relation to the Bonds or pursuant to this Section 17 shall be termination of the Agreement as set forth in Sections 17.1 and 17.2 above. ARTICLE 18 MISCELLANEOUS Section 18.1 PCI Compliance. The parties agree to comply with all current and future Payment Card Industry Data Security Standards ("PCI Standards") and guidelines that may be published from time to time by Visa, MasterCard, or other associations as they relate to the storage of payment card data. For PCI Standards compliance purposes, the Facility shall include a segmented network, an appropriate number of wired data connections to the Internet for point -of -sale devices ("POS") to be used by OVG and any contractors at the Facility. If Owner provides such network, Owner shall be responsible for the security of its network, including, without limitation, applicable PCI Standards compliance, and for procuring and installing point of sale (POS) payment systems that are compliant with the latest PCI-DSS requirements. Notwithstanding the foregoing, if provided for in the Investment by OVG, OVG shall be responsible for procuring and installing POS payment systems that are compliant with the latest PCI Standards and in such case OVG shall be responsible for the PCI Standards compliance of its POS systems it provides. If at any time either party determines that data covered by PCI Standards has been compromised, such party will notify the other without undue delay and provide reasonable assistance in providing notification to the proper parties as deemed necessary. Section 18.2 No Discrimination. OVG agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, religion, color, sex, disability, national origin, ancestry, physical handicap, creed, sexual orientation, gender identity, gender expression, pregnancy, or age, and will take affirmative steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, religion, color, sex, disability, national origin, ancestry, physical handicap, creed, sexual orientation, gender identity, gender expression, pregnancy, marital status, familial status, genetic information, age, status with regard to public assistance, status as a veteran, or any other classification protected by Laws, except where age or sex is an essential, bona fide occupation requirement, or where disability is a bona fide occupational disqualification or as otherwise permitted by Laws. Such action shall include, but not be limited to the following: (a) employment, (b) upgrading, (c) demotion or transfer, (d) recruitment or advertising, (e) layoff or termination, (f) rate of pay or other forms of compensation, and (g) selection for training, including apprenticeship. OVG will use commercially reasonable efforts to include the provisions of these nondiscrimination clauses in any applicable Service Contracts, unless exempt by the rules, regulations, or orders of Owner or where such terms would be inappropriate or inapplicable. Section 18.3 Use of Facility Names and Logos. OVG shall have the right to use throughout the Term (and permit others to use in furtherance of OVG's obligations hereunder), for no charge, the name and all logos of the Facility, on OVG's stationary, in its advertising of the Facility, and whenever conducting business of the Facility; provided, that OVG shall take all prudent and appropriate measures to protect the intellectual property rights of Owner relating to such logos. All intellectual property rights in any Page 22 of 39 Facility logos developed by OVG or Owner shall be and at all times remain the sole and exclusive property of Owner. OVG agrees to execute any documentation requested by Owner from time to time to establish, protect, or convey any such intellectual property rights. Section 18.4 Facility Advertisements. Owner agrees that in all advertisements placed by Owner for the Facility or events at the Facility, whether such advertisements are in print, on radio, television, the internet, or otherwise, it shall include a designation that the Facility is "Managed by OVG360". Section 18.5 Force Mameure; Casualty Loss. (a) A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to, any claims for damages, if and to the extent such delay or failure is caused by an Event of Force Majeure. Provided, however, that the party who is delayed or prevented from performing by an Event of Force Majeure shall, within a period not to exceed 14 (fourteen) days after the occurrence or detection of any such event, give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay and shall remedy such cause as soon as reasonably possible, or as mutually agreed between the parties. Notwithstanding the foregoing, in no event shall a party's failure to make payments due hereunder be excusable due to an Event of Force Majeure. (b) In the event of damage or destruction to a material portion of the Facility by reason of fire, storm, or other casualty loss that renders the Facility (or a material portion thereof) untenantable, Owner shall use reasonable efforts to remedy such situation. If notwithstanding such efforts, such damage or destruction is expected to render the Facility (or a material portion thereof) untenantable for a period estimated by an architect selected by Owner at OVG's request, of at least one hundred eighty (180) days from the date of such fire, storm, or other casualty loss, either party may terminate this Agreement upon written notice to the other, provided that (i) Owner shall pay to OVG its costs of withdrawing from services hereunder, as described in Section 4 above, and (ii) in the event the Facility once again becomes tenable at any time during the Term, this Agreement shall, at the option of OVG, once again become effective and OVG shall manage and operate the Facility under the terms hereof, except that the Term shall be extended for a period of time in which the Facility was untenantable. Section 18.6 Assignment; Binding on Successors and Assigns. Neither party may assign this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that either party may, without the prior written consent of the other party but upon at least 30 days' written notice to the other party, assign this Agreement in connection with a sale, merger, or other business combination involving all or substantially all of its assets or equity interests; provided, however, that Owner shall have the right to reasonably evaluate the experience, qualifications, and financial standing of the proposed assignee and make reasonable objection thereto. The Owner shall notify OVG in writing of any objection to the proposed assignment (with reasonable specificity as to the nature of, and reason for, each such objection) within 10 days after OVG has notified Owner in writing of a proposed assignment. Owner's consent to the assignment shall be presumed unless it has timely notified OVG of its objection(s) as provided herein. If Owner so objects, and Owner's objections have not been resolved to Owner's satisfaction, then OVG may proceed with the assignment only if OVG agrees in writing to remain liable to Owner under this Agreement for the performance of the duties of OVG hereunder, notwithstanding the assignment. Notwithstanding the foregoing, OVG may, without the necessity of Page 23 of 39 obtaining Owner's prior written consent, assign this Agreement to an Affiliate where such assignment is intended to accomplish an internal corporate purpose of OVG as opposed to materially or substantially altering the method of delivery of services to Owner or the kind or quality of the same. Any purported assignment in contravention of this Section shall be void. This Agreement is binding on successors and permitted assigns of the parties. Section 18.7 Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, four (4) days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. If to Owner: City Manager's Office City Hall 50 W 13 th Street Dubuque, IA 52001 Attn: City Manager With a copy to: City Attorney's Office 300 Main Street, Suite 330 Dubuque, IA 52001 Attn: City Attorney Email: cityattorney@cityofdubuque.org If to OVG: OVG360 150 Rouse Blvd. Philadelphia, PA 19112 Attn: Chief Operating Officer With a copy to: OVG360 150 Rouse Blvd. Philadelphia, Pennsylvania 19112 Attn: General Counsel Email: OVG36OLegal@oakviewgroup.com The designation of the individuals to be so notified and the addresses of such parties set forth above may be changed from time to time by written notice to the other party in the manner set forth above. Section 18.8 SeverabilitV. If a court of competent jurisdiction determines that anyterm of this Agreement is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. Section 18.9 Entire Agreement. This Agreement (including the exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations, agreements, or understandings, whether oral or written. Section 18.9 Disputes; Governing Law; Venue. The parties agree to act immediately to resolve any dispute arising with respect to this Agreement. Time is of the essence in the resolution of disputes. OVG agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all Page 24 of 39 its responsibilities under this Agreement which are not affected by the dispute; Owner agrees that it shall continue to make payment for all services performed as outlined in this Agreement. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Iowa without regard to its conflict of laws principles. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction of such courts. Section 18.10 Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated (unless as otherwise provided hereunder) except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. Section 18.11 Waiver; Remedies. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity. Section 18.12 Relationship of Parties. OVG and Owner acknowledge and agree that they are not joint venturers, partners, or joint owners with respect to the Facility, and nothing contained in this Agreement shall be construed as creating a partnership, joint venture, or similar relationship between Owner and OVG. In operating the Facility, entering into contracts, accepting reservations for use of the Facility, and conducting financial transactions for the Facility, OVG acts on behalf of and as agent for Owner (but subject to the limitations on OVG's authority as set out in this Agreement), with the fiduciary duties required by law of a party acting in such capacity. Section 18.13 No Third Party Beneficiaries. Other than the inclemnitees listed in Sections 14.1 and 14.2 hereof (who are third party beneficiaries solely with respect to the indemnification provisions in such sections), there are no intended third party beneficiaries under this Agreement, and no third party shall have any rights or make any claims hereunder, it being intended that solely the parties hereto (and the aforementioned inclemnitees with respect to the indemnification provisions hereof) shall have rights and may make claims hereunder. Section 18.14 Attorneys' Fe��_S_. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing party in such suit or action shall be entitled to recover reasonable outside attorney fees and expenses from the non -prevailing party, in addition to any other amounts to which it may be entitled. Section 18.15 Limitation on Damages. In no event shall either party be liable or responsible for any consequential, indirect, incidental, punitive, or special damages (including, without limitation, lost profits) whether based upon breach of contract or warranty, negligence, strict tort liability, or otherwise, and each party's liability for damages or losses hereunder shall be strictly limited to direct damages that Page 25 of 39 are actually incurred by the other party, provided that the foregoing shall not I im it or restrict any claim by OVG forth e m a nagement fees described herein upon a breach or defau It of this Agreement by Owner. Section 18.16 Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. Section 18.17 Currency. All prices and financial terms referenced herein are intended to be in U.S. dollars, and shall remain in U.S. dollars despite any exchange rate. Section 18.18 Regulatory Agency Compliance. OVG shall in connection with its performance under this Agreement, materially comply, to the best of its knowledge, with applicable laws and regulations set forth by regulatory agencies is required. These agencies include but are not limited to, OSHA (the Occupational Safety and Health Administration), EPA (the Environmental Protection Agency), ICC (the Interstate Commerce Commission, DNR (the Department of Natural Resources), and DOT (the Department of Transportation), including all similar state and federal agencies. Section 18.19 Suspensions and Debarment. OVG further certifies that it is not presently debarred, suspended, declared ineligible, or voluntarily excluded from participation in any contract with Owner or the State of Iowa. OVG shall ensure that all subcontractors utilized by OVG for any service or product referenced in this Agreement make a similar representation to those contained in the provisions of this paragraph. Section 18.20 Tax Exemptions. Owner is exempt from sales tax and certain use taxes, and if requested by OVG shall provide substantiation of such exemption. Any charges fortaxes forwhich Owner is exempt will be deducted from invoices before payment is made. Section 18.21 Number, Gender, Captions, and Headings. All words and phrases contained herein, including acknowledgements hereof, shall be construed as the singular or plural number, and as masculine, feminine, or neuter gender according to the contexts. The captions and section headings are for convenience only and shall not be used in the interpretation or enforcement of any provision of this Agreement. Section 18.22 No Inference Against Drafter. Each party hereto acknowledges that this Agreement was negotiated by the parties, each represented by counsel and each having participated in the drafting of this Agreement. Therefore, no inference, presumption, or burden of proof shall arise favoring any party by virtue of the authorship of any provision of this Agreement. ACCEPTED AND AGREED as of the Effective Date: THE CITY OF DUBUQUE, IA By: Name: Brad M,:-�Snagh Its: Mayor Page 26 of 39 GLOBAL SPECTRUM, L.P. d/b/a OVG360 By: Global Spectrum, LLC, its general partner BY: NaRfe: Brian Rothenberg G/ Its: President Ln wi oj Z SCHEDULE1 MAP DEFINING OUTDOOR AREAS UNDER OVG'S MANAGEMENT I- ' 3E The Facill Doe5 riot indi)dc �'liven�A under River R on* own age& m X Page 27 of 39 EXHIBIT A-1 OVG MANAGEMENT DUTIES OVG's management obligations under the Agreement shall consist of the following obligations, all of which are subject to the terms hereof and the controls and restrictions in the Operations Manual: (a) Manage all aspects of the Facility in accordance with the Operations Manual and the terms of this Agreement, including but not limited to managing purchasing, payroll, fire prevention, security, crowd control, routine repairs, preventative maintenance, janitorial services, groundskeeping, promotions, advertising, energy conservation, security, box office, admission procedures, parking, and general user services in a cost efficient, high quality, and efficient manner that meets the highest industry standard. (b) Establish and adjust prices, rates, and rate schedules for user, license, concessions, occupancy, and advertising agreements, and booking commitments. OVG may deviate from the established rate schedule when entering into any such agreements if determined by OVG, using its reasonable business judgment, to be necessary or appropriate with respect to the specific situation. (c) Procure, negotiate, execute, administer, and assure compliance with Service Contracts, Revenue Generating Contracts, and other contracts related to the operation of the Facility. (d) Require that all material vendors and licensees of the Facility execute vendor/license agreements containing standard indemnification and insurance obligations on the part of each such vendor/licensee. (e) Provide standard form advertising and sponsorship contracts and user/rental agreements for use at or with respect to the Facility. OVG shall submit such form agreements to Owner for review and comment, and the parties shall work together to finalize such forms. Once finalized, OVG shall use such forms in furtherance of its duties hereunder, and shall not materially deviate from the terms contained in such forms without obtaining the prior written approval of Owner (which shall not be unreasonably withheld or delayed). OVG's sole responsibility with regard to providing legal advice or assistance hereunder shall be to provide such standard form contracts. (f) Operate and maintain the Facility through exercise of the commercially reasonable standards of maintenance and preservation, subject to approved Operating Budgets, including the equipment utilized in connection with its operation and any improvements made during the term of this Agreement, in the condition received, normal wear and tear excepted. (g) Arrange for and otherwise book events at the Facility in accordance with a booking schedule to be developed by OVG. (h) Upon reasonable request, allow Travel Dubuque real time -access to information, such as the booking and events calendar (including date holds) and customer relationship components. (i) Hire or otherwise engage, pay, supervise, and direct all personnel OVG deems necessary for the operation of the Facility in accordance with Article 6 of the Agreement, and conduct staff planning, retention, and training programs as determined to be necessary by OVG in its sole discretion. (j) Maintain detailed, accurate, and complete financial and other records of all its activities under this Agreement in accordance with generally accepted accounting principles, which records shall be made available to Owner upon request, in accordance with Section 10.1 of the Agreement. (k) Submit to Owner in a timely manner financial and other reports detailing OVG's activities in connection with the Facility, as set forth in Section 10.2 of the Agreement. Page 28 of 39 (1) Prepare a proposed annual Operating Budget and submit such proposed budget to Owner, both in accordance with Article 7 of the Agreement. (m) Pay all Operating Expenses and other expenses incurred in connection with the operation, maintenance, supervision, and management of the Facility from the Operating Account or with funds otherwise made available by Owner. (n) Secure, or assist Owner (or any other third party, as applicable) to secure, all licenses and permits necessary for the operation and use of the Facility for the specific events to be held therein, and for the general occupancy of the Facility, including without limitation all necessary food and liquor licenses, and renewals thereof. Owner shall cooperate in this process to the extent reasonably required. All costs associated with this process shall be Operating Expenses. (o) Collect, deposit, and hold in escrow in the Event Account any ticket sale revenues which it receives in the contemplation of or arising from an event pending the completion of the event, as more fully described in Section 8.1 of the Agreement. (p) Collect in a timely manner and deposit in the Operating Account all Revenue, as more fully described in Section 8.2 of the Agreement. (q) Subject to Owner making available sufficient funds in a timely manner, pay all Taxes. (r) Plan, prepare, implement, coordinate, and supervise all public relations and other promotional programs for the Facility. (s) Prepare, maintain, and implement on a regular basis, subject to Owner's yearly approval, a Marketing Plan for the Facility. (t) Develop and establish open, clear, and responsive reporting systems with the Owner, utilizing measurable and reported performance metrics. Metrics will be established in the first six (6) months of the Commencement Date and reviewed and updated on a yearly basis. (u) On an annual basis, cause a written inventory to be taken of all furniture, fixtures, office equipment, supplies, tools, and vehicles at the Facility, and deliver a written report of the foregoing to Owner. OVG shall document all major damage to, or loss in, such inventory during the Term as soon as such damage or loss is discovered by OVG, and OVG shall promptly notify Owner of any such damage or loss. (v) Purchase, on behalf of Owner and with Owner funds, and maintain during the Term, all materials, tools, machinery, equipment, and supplies necessary for the operation of the Facility. (w) As agent for Owner, manage risk management and Facility insurance needs, as more fully described in Article 15 of the Agreement. (x) Make and be responsible for all routine and minor repairs, maintenance, preventative maintenance, and equipment servicing. OVG shall be responsible for ensuring that all repairs, replacements, and maintenance shall be of a quality and class at least equal to that of the item being repaired, replaced, or maintained. Any replacement of an item in inventory, or any new item added to the inventory, which is paid for by Owner, shall be deemed the property of Owner, including any item paid for with funds from the Operating Account. (y) Cause such other acts and things to be done with respect to the Facility, as determined by OVG in its reasonable discretion, to be necessary for the management and operation of the Facility following the Commencement Date. Page 29 of 39 EXHIBIT A-2 OVG FOOD AND BEVERAGE SERVICES OVG will provide high quality food and beverage services. OVG's food and beverage obligations under the Agreement shall consist of the following, all of which are subject to the terms hereof and the controls and restrictions in the Operations Manual: (a) Develop and implement all necessary policies and procedures for the food and beverage operations; (b) Engage and oversee employees necessary to perform the Food and Beverage Services; (c) Manage the Food and Beverage Services in compliance with and subject to all federal, state, and local laws, ordinances, and regulations (including, without limitation, health and sanitation codes and regulations with respect to the sanitation and purity of the food and beverage products for sale); (d) Arrange for all minor repairs and routine maintenance to the equipment used in the operation of the Food and Beverage Services; (e) Keep the food and beverage facilities and equipment neat, clean, and in a sanitary condition; (f) Undertake appropriate advertising, marketing, and promotion of the food and beverage offerings at the Facility; (g) Develop menus, portions, brands, prices, themes, and marketing approaches. OVG (or the third party concessionaire, as applicable) shall be entitled to set the prices for such items for sale; (h) Order, stock, prepare, pay for (as an Operating Expense), and sell appropriate foods and beverages; and (i) Obtain and maintain all licenses and permits necessary for the operation of the Food and Beverage Services, including those required for the on -premise sale of alcoholic beverages. Owner shall offer reasonable assistance to OVG in obtaining and maintaining such licenses and permits. The cost of such licenses and permits (including the cost to obtain such licenses and permits, such as legal costs associated therewith) shall be Operating Expenses. For avoidance of doubt, to the extent OVG subcontracts or otherwise assigns the foregoing Food and Beverage Services, in accordance with this Agreement, such third party (including, if applicable, any Affiliate) shall be obligated to obtain and/or maintain any license or permits required hereunder, including, without limitation, any liquor licenses required for the on -premise sale of alcoholic beverages, and Owner agrees to reasonably assist such third party in connection therewith, as directed by OVG. Page 30 of 39 EXHIBIT A-3 OVG COMMERCIAL RIGHTS SERVICES OVG's obligations in respect of the sale of Commercial Rights under the Agreement shall consist of the following, all of which are subject to the terms hereof and the controls and restrictions of the Operations Manual. (a) Actively market the Commercial Rights at and with respect to the Facility, and, will regularly apprise Owner of its sales prospects and the status of any potential sales of Commercial Rights; (b) Develop advertising system design and consult with Facility management on proposed inventory; (c) Create rate cards and packages, target lists, and vendor packages, as necessary; (d) Develop Naming Rights and sub -Naming Rights packages/pricing, if applicable; (e) As requested, deliver to Owner monthly reports detailing OVG's sales of Commercial Rights. Owner hereby agrees that at a minimum, it shall at all times during the Term, make available to OVG to market hereunder the Commercial Rights inventory described below. Minimum Commercial Rights Inventory Available Exhibit Hall, concession stands inside Exhibit Hall Exhibit Lobby Meeting Rooms (6) Ballroom and/or Salons (4) River Room Plaza Patio Pre -function Space Spine Page 31 of 39 EXHIBIT B QUALITATIVE INCENTIVES OVG shall be eligible to earn a Qualitative Incentive up $25,000 ($5,000/0 pe ratio na I Benchmark) to reach each of the following benchmarks (each, an "Operational Benchmark"). The achievement of the Operational Benchmark(s) shall be determined by Owner, in its reasonable and good faith discretion based on its evaluation of OVG's performance during each Operating Year. Notwithstanding the foregoing, OVG shall notify Owner to the extent it deems any Operational Benchmark has been achieved (as set forth below) and shall provide reasonable proof thereof. Once the parties agree in writing (email shall be sufficient) that any such Operational Benchmark has been achieved, the applicable Incentive Fee(s) for the applicable Operating Year shall become due as set forth in Section 3.2 of this Agreement and may be paid by OVG out of the Operating Account. 1. Customer Service Surveys — Achievement of an 80% positive response rate on surveys sent to a mutually agreed number of Facility -related parties. 2. StakeholderlTenant Relationship — Positive reviews from Travel Dubuque on surveys dealing with mutual strategy development, an increased level of collaboration, and overall spirit of cooperation as reasonably communicated by tenant/stakeholders. 3. Repairs and Maintenance — OVG shall demonstrate compliance with provisions of the Agreement as it relates to repair and maintenance of all FF&E based upon quarterly review and walkthrough with Owner. 4. Community Involvement — OVG shall demonstrate community engagement through initiatives, outreach, and other community -centric approaches. 5. Economic Impact -Focused Sales and Marketing — OVG shall develop a new sales and marketing approach in connection with attracting unique events and regional/national meetings and/or conventions to the Facility as well as facilitating the sale of Commercial Rights in an innovative way. OVG shall demonstrate how OVG's management of the Facility has had positive economic impacts on Dubuque and the surrounding area, including hotel -room -night -generating activities, events with significant non -local attendance, and other relevant metrics. Page 32 of 39 EXHIBIT C OPERATING BUDGET (STUB OPERATING YEAR AND FIRST OPERATING YEAR) Page 33 of 39 GRAND RIVER CENTER STUB PERIOD APRIL - JUNE 2023 INCOME STATEMENT BUDGETPROPOSAL OVG APRIL-JUNE STUB BUDGET 2023 OF EVENTS 60 ATTENDANCE 25,647 IDIRECT EVENT REVENUE RENTAL REVENUE 52,287 SERVICE REVENUE 67,165 TOTAL DIRECT EVENT REVENUE 119,452 JANCILLARY REVENUE FOOD AND BEVERAGE REVENUE 530,736 AUDIO-VISUAL REVENUE 44,223 DECORATOR SERVICES REVENUE 6,429 TOTAL ANCILLARY REVENUE 581,388 TOTAL EVENT REVENUE 700,840 OTHER REVENUE 11,150 TOTAL GROSS REVENUE 711,990 EVENT EXPENSE SERVICE EXPENSE (22,101) FOOD & BEVERAGE EXPENSE (122,069) AUDIO-VISUAL EXPENSE (7,960) DECORATOR SERVICES EXPENSE (643) TOTAL EVENT EXPENSE (152,774) TOTAL EVENT INCOME 548,066 TOTAL INCOME WITH OTHER REVENUE 559,216 JINDIRECT EXPENSES PERSONNELEXPENSE OTHER OPERATING EXPENSE EXECUTIVE FINANCE EVENT SERVICES SALES & MARKETING OPERATIONS FOOD & BEVERAGE OVERHEAD TRANSITION TOTAL INDIRECT EXPENSES NET INCOME / (SUBSIDY) FOOD AND BEVERAGE REVENUE FOOD AND BEVERAGE EXPENSES FOOD AND BEVERAGE P&L 427,971 388,140 55,804 39,998 46,771 73,883 173,274 181,284 220,098 25,000 816,111 (256,895) 530,736 303,354 227,382 GRAND RIVER CENTER STUB PERIOD APRIL - JUNE 2023 INCOME STATEMENT BUDGETPROPOSAL TOTAL April May June # OF EVENTS 60 19 18 23 GENERALATTENDANCE 25,647 5,457 9,591 10,599 ITOTAL EVENT REVENUE RENTAL REVENUE 52,287 11,124 19,554 21,609 ELECTRICAL/UTILITIESBILLED 3,477 621 1,428 1,428 OTHER SERVICE BILLED 63,688 13,554 23,816 26,319 SERVICE REVENUE 67,165 14,175 25,244 27,747 TOTAL DIRECT EVENT REVENUE 119,452 25,299 44,798 49,356 JANCILLARY REVENUE Food & Beverage Revenue 530,736 112,946 198,464 219,326 Audio -Visual Revenue 44,223 9,412 16,536 18,275 Decorator Services Revenue 6,429 2,143 2,143 2,143 TOTAL ANCILLARY REVENUE 581,388 124,501 217,143 239,744 TOTAL EVENT REVENUE 700,840 149,799 261,941 289,100 JOTHER REVENUE I TOTAL OTHER REVENUE 11,150 3,717 3,717 3,717 TOTAL GROSS REVENUE 711,990 153,516 265,657 292,817 EVENT EXPENSE Service Expense (22,101) (4,754) (8,264) (9,084) Food & Beverage Expense (122,069) (25,978) (45,647) (50,445) Audio -Visual Expense (7,960) (1,694) (2,976) (3,290) Decorator Services Expense (643) (214) (214) (214) TOTAL EVENT EXPENSE (152,774) (32,640) (57,101) (63,033) NET EVENT INCOME 548,066 117,160 204,839 226,067 NET INCOME WIDTH REVENUE 559,216 120,876 208,556 229,784 JINDIRECT EXPENSES PERSONNEL EXPENSE SALARIES ADMINISTRATIVE 203,269 58,077 58,077 87,115 EMPLOYEE INCENTIVE 14,250 4,750 4,750 4,750 PART-TIME STAFF 71,448 18,459 25,627 27,362 Bartender Wages 16,551 3,522 6,189 6,840 Catering Wages 41,115 8,750 15,374 16,991 Kitchen Wages 24,797 5,277 9,272 10,247 F&B WAGE TAXES 6,820 1,451 2,550 2,818 PAYROLLTAXES 23,203 6,473 7,067 9,663 CONTRACT LABOR - Security/Cleaning 5,140 1,244 1,871 2,024 ALLOCATION OF LABOR TO EVENTS (30,104) (6,462) (11,254) (12,388) EMPLOYEE BENEFITS 44,965 12,847 12,847 19,271 EMPLOYEE BENEFITS-401 K CONTRIB 6,518 1,862 1,862 2,793 TOTAL PERSONNEL EXPENSE 427,971 116,251 134,233 177,487 GRAND RIVER CENTER STUB PERIOD APRIL - JUNE 2023 INCOME STATEMENT BUDGETPROPOSAL TOTAL April May June OTHER OPERATING EXPENSE CASH OVERISHORT 125 42 42 42 ADVERTISING 3,125 2,042 542 542 PROMOTIONS 1,125 375 375 375 BAD DEBT 2,500 - - 2,500 ARMOREDCAR 650 217 217 217 TRAVEL & ENTERTAINMENT 29,508 8,712 9,809 10,987 MEETINGS & CONVENTIONS 312 67 117 129 DUES & SUBSCRIPTIONS 3,850 250 450 3,150 GOOD & WELFARE 1,250 417 417 417 RELOCATION 20,000 6,667 6,667 6,667 RECRUITMENT 1,750 1,000 500 250 TRAINING 10 - - 10 UNIFORMS 5,000 3,500 1,000 500 OFFICE SUPPLIES 5,000 3,500 1,000 500 POSTAGE 358 119 119 119 PRINTING 1,350 667 417 267 LICENSES, PERMITS & FEES 2,844 2,615 115 115 INSURANCE EXPENSE 7,250 2,417 2,417 2,417 INSURANCE -WORKERS COMP 6,889 2,296 2,296 2,296 CONSULTING & PROFESSIONAL FEES 15,438 7,646 7,646 146 CONS & PROF FEES - LEGAL FEES 875 292 292 292 DATA PROCESSING - PAYROLL FEES 2,500 833 833 833 DATA PROCESSING - BANK FEES 165 55 55 55 DATA PROCESSING - CREDIT CARD FEES 5,470 1,164 2,045 2,260 COMPUTER HARDWARE & SOFTWARE 9,408 3,136 3,136 3,136 COMPUTER CONTRACTS 2,343 781 781 781 COMPUTER - WEBSITE 1,500 500 500 500 CONTRACTED SERVICES 3,000 1,000 1,000 1,000 LANDSCAPING 3,300 1,100 1,100 1,100 PEST CONTROL 1,050 350 350 350 EQUIP. MAINTENANCE ANNUAL AGREEMENTS 7,500 2,500 2,500 2,500 HVAC 4,800 1,600 1,600 1,600 BUILDING SUPPLIES 6,125 2,042 2,042 2,042 BUILDING SUPPLIES- JANITORIAL 8,125 2,708 2,708 2,708 REPAIRS AND MAINTENANCE - EQUIPMENT 1,375 458 458 458 REPAIRS AND MAINTENANCE - BUILDING 36,500 12,167 12,167 12,167 EQUIPMENT RENTAL/LEASE 1,163 388 388 388 TOOLS AND EQUIPMENT 2,250 583 1,083 583 AUTOMOBILE EXPENSES 925 308 308 308 SMALLWARES & RENEWALS 11,379 4,357 4,385 2,636 DECORATIONS 250 83 83 83 LINEN & CLEANING EXPNESE 9,561 2,035 3,575 3,951 OTHER EXPENSE 1,069 356 356 356 TELEPHONE 4,305 1,435 1,435 1,435 CABLETV 1,200 400 400 400 TRASH HAULING 2,029 434 758 837 UTILITIES - ELECTRIC 93,978 25,092 27,879 41,007 UTILITIES - GAS 1,225 664 313 248 UTILITIES - WATERISEWER 4,541 971 1,697 1,873 MANAGEMENTFEE 37,500 12,500 12,500 12,500 INCENTIVE FEE - - - TOTAL OPERATING EXPENSES 388,140 130,038 124,472 133,631 TOTAL INDIRECT EXPENSES 816,111 246,289 258,705 311,117 NET INCOME (256,895) (125,413) (50,149) (81,333) GRAND RIVER CENTER EVENTS BUDGET STUB PERIOD APRIL -JUNE 2023 ar Y CONSUMER TRADE SPECIAL Weddings SPORTING Miscellaneous Communi y SHOWS SHOWS CONVENTIONS EVENTS Quinceneras EVENTS Events Events NUMBER OF EVENTS 7 32 2 3 2 4 7 2 1 Number of Event Days 7 32 2 3 2 4 7 2 1 GENERALATTENDANCE 1,554 4,320 4,250 4,971 4,308 1,732 3,045 1,212 255 IDIRECT EVENT REVENUE HALL RENTAL REVENUE 3,171 8,800 8,664 10,134 8,784 3,528 6,216 2,470 520 MEETING ROOM RENTAL - - - - - SERVICE REVENUE 3,864 10,733 10,549 14,204 12,310 4,298 7,568 3,008 633 DIRECT EVENT REVENUE 7,035 19,533 19,213 24,338 21,094 7,826 13,784 5,478 1,153 ISERVICE REVENUE ELECTRICAL/UTILITIESBILLED - 1,863 1,614 - OTHER SERVICE BILLED 3,864 10,733 10,549 12,341 10,696 4,298 7,568 3,008 633 TOTAL SERVICE REVENUE ---i,864 10,733 10,549 14,204 12,310 4,298 7,568 3,008 633 SERVICE REVENUE TO RENTAL REVENUE RATI( 121.9% 122.0% 121.8% 140.2% 140.1% 121.8% 121.7% 121.8% 121.7% ILESS SERVICE EXPENSES: SETUP LABOR EXPENSE (1,266) (3,516) (3,458) (4,381) (3,797) (1,409) (2,481) (986) (207) EQUIPMENT RENTAL EXPENSE (600) ITOTAL SERVICE EXPENSES (3,797) (1,409) (2,481) (986) (207) NET SERVICE INCOME/(LOSS) 1,998 7,217 7,090 9,823 8,513 2,889 5,087 2,022 425 SERVICE REVENUE PROFIT MARGIN 51.7% 67.2% 67.2% 69.2% 69.2% 67.2% 67.2% 67.2% 67.2% IFOOD & BEVERAGE Catering Revenue:Food 25,739 71,488 70,266 82,203 71,246 28,628 50,407 20,036 4,215 Catering Revenue: Beverages -Non Alc 6,461 17,952 17,640 20,637 17,886 7,188 12,656 5,030 1,058 GROSS FOOD & BEVERAGE REVENUE 32,200 89,440 87,906 02,840 89,132 35,816 63,063 25,066 5,273 Catering: COS: Food (5,920) (16,442) (16,161) (18,907) (16,387) (6,584) (11,594) (4,608) (969) Catering: COS: Beverages (1,486) (4,129) (4,057) (4,747) (4,114) (1,653) (2,911) (1,157) (243) TOTAL FOOD & BEVERAGE EXPENSE (7,406) (20,571) (20,218) (23,653) (20,500) (8,238) (14,504) (5,765) (1,213) NET FOOD & BEVERAGE INCOME FOOD & BEVERAGE EVENT PROFIT MARGIN 1AUDIO VISUAL REVENUE AV SERVICE REVENUE AV SERVICE EXPENSE NET AUDIO VISUAL INCOME AUDIO VISUAL PROFIT MARGIN IDECORATOR SERVICES DECORATOR SERVICES REVENUE DECORATOR SERVICES EXPENSE 60 60 25,647 52,287 67,165 119,452 3,477 63,688 67,165 0.0% 128.5% - (21,501) (600) (22,101) - 45,064 0.0% 67.1% 424,228 106,508 530,736 (97,572) (24,497) (122,069) T7. 0 77.0% 77.0% 77.0% 77.07/6 77.0%. 77.0%. 77.0%. 77.0% 0.0% 77.F/6 2,681 7,456 7,324 8,568 7,426 2,984 5,257 2,088 439 44,223 (483) (1,342) (1,318) (1,542) (1,337) (537) (946) (376) (79) (7,960) 2,198 6,114 6 7,026 6,089 2,447 4,311 1,712_ 360 36,263 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 0.0% 82.0% 6,429 (643) 6,429 (643) NET DECORATOR SERVICES INCOME 5,786 - 5,786 DECORATOR SERVICES PROFIT MARGIN 0.0% 0.0% 0.0% 90.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 90.0% ITOTAL ANCILLARY INCOME 26,992 74,983 73,693 91,998 74,721 30,025 52,869 21,013 4,420 450,715 IEVENT OPERATING INCOME - 32,161 - 91,000 - 89,448 11,955 92,018 - 36,442 64,172 -25,505 5,365 548,066 NET OPERATING INCOME PROFIT MARGIN 76.73% 78.16% 78.16% 78.75% 78.21% 78.16% 78.16% 78.16% 78.16% 0.00% 78.20% [TOTAL GROSS REVENUE 41,916 116,429 114,443 142,174 117,652 46,626 82,104 32,632 6,865_ 700,840 GRAND RIVER CENTER GRAND RIVER CENTER STUB PERIOD APRIL - JUNE 2023 INDIRECT EXPENSES INDIRECT EXPENSES 2023 OPERATING BUDGET BUDGETPROPOSAL FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 100 130 160 200 330 420 440 460 SALARIES EMPLOYEE INCENTIVE COMPENSATION SALARIES PART TIME Bartender Wages Catering Wages Kitchen Wages F&B PT PAYROLL TAXES PAYROLLTAXES CONTRACTLABOR ALLOCATION OF LABOR TO EVENTS EMPLOYEE BENEFITS OPERATIONS EMPLOYEE BENEFITS-401 K CONTRIB Total Employee Compensation CASH OVER/SHORT ADVERTISING PROMOTIONS BAD DEBT ARMOREDCAR TRAVEL & ENTERTAINMENT MEETINGS & CONVENTIONS DUES & SUBSCRIPTIONS GOOD & WELFARE RELOCATION RECRUITMENT TRAINING UNIFORMS OFFICE SUPPLIES POSTAGE PRINTING LICENSES, PERMITS & FEES INSURANCE EXPENSE INSURANCE -WORKERS COMP CONSULTING & PROFESSIONAL FEES CONS & PROF FEES - LEGAL FEES DATA PROCESSING - PAYROLL FEES DATA PROCESSING - BANK FEES DATA PROCESSING - CREDIT CARD FEES COMPUTER HARDWARE & SOFTWARE COMPUTER CONTRACTS COMPUTER SUPPLIES COMPUTER - WEBSITE CONTRACTED SERVICES LANDSCAPING PEST CONTROL EQUIP. MAINTENANCE ANNUAL AGREEMENTS HVAC BUILDING SUPPLIES BUILDING SUPPLIES- JANITORIAL REPAIRS AND MAINTENANCE - EQUIPMENT REPAIRS AND MAINTENANCE - BUILDING EQUIPMENT RENTAL/LEASE TOOLS AND EQUIPMENT AUTOMOBILE EXPENSES SMALLWARES & RENEWALS DECORATIONS LINEN & CLEANING EXPNESE OTHER EXPENSE TELEPHONE CABLE TV TRASH HAULING UTILITIES - ELECTRIC UTILITIES - GAS UTILITIES - WATER/SEWER MANAGEMENTFEE INCENTIVE FEE Total Operational Expense EVENT SALES & OPERATIONS - FOOD & TOTAL EXECUTIVE FINANCE SERVICES MARKETING CONSOLIDATED BEVERAGE OVERHEAD TRANSITION 203,269 29,615 18,846 32,308 44,423 45,769 32,308 14,250 5,500 1,750 1,750 1,750 1,750 1,750 71,448 5,021 9,152 - 6,240 51,035 - 16,551 - - - - 16,551 41,115 41,115 24,797 24,797 6,820 - - - - - 6,820 23,203 2,935 2,595 2,701 4,225 8,045 2,701 5,140 - - - - 1,250 3,890 (30,104) - - - - (30,104) - 44,965 5,238 3,556 7,986 8,050 12,149 7,986 6,518 1,025 622 1,026 1,389 1,430 1,026 427,971 49,335 36,521 45,771 66,078 91,324 138,945 125 - 125 3,125 3,125 - 1,125 - 1,125 2,500 2,500 - 650 - 650 - - 29,508 3,275 - 1,233 25,000 312 - 312 - - 3,850 3,000 - 50 800 1,250 - 1,250 20,000 20,000 1,750 1,750 10 10 - - - 5,000 500 4,500 - 5,000 - - 5,000 358 - 358 1,350 500 - - 850 2,844 - 250 2,250 344 7,250 - - 7,250 6,889 - 6,889 15,438 15,000 438 875 - 875 2,500 - 2,500 165 165 - - 5,470 162 5,307 - 9,408 - 783 8,625 2,343 - 2,343 14,400 - 14,400 1,500 1,500 - - 3,000 - 3,000 3,300 3,300 - 1,050 - 1,050 7,500 7,500 - 4,800 - 4,800 - 6,125 250 125 5,750 8,125 - 8,125 - 1,375 - 1,375 36,500 36,500 - - 1,163 - 375 188 600 2,250 500 875 875 - 925 - 925 - 11,379 - 11,379 250 250 9,561 - - - 9,561 1,069 194 250 625 - - 4,305 - - - 4,305 1,200 1,200 2,029 2,029 93,978 93,978 1,225 1,225 4,541 4,541 37,500 37,500 388,140 6,469 3,477 1,000 7,805 81,950 42,342 220,098 25,006 TOTAL FACILITY OPERATIONS EXPENSE 816,111 55,804 39,998 46,771 73,883 173,274 181,284 220,098 25,000 GRAND RIVER CENTER ANNUAL BUDGET 2024 INCOME STATEMENT BUDGETPROPOSAL OF EVENTS TTENDANCE OVG OVG FY 2024 YEAR 1 BUDGET PROFORMA 2024 BUDGET VS ORIGINAL PROFORMA FY 2022 VARIANCE BUDGET FAV/(UNFAV) 194 188 0 424 41,250 41,174 2024 BUDGET VS 2022 BUDGET VARIANCE FAV/(UNFAV) 0 IDIRECT EVENT REVENUE RENTAL REVENUE 168,041 398,790 138,000 (230,749) 30,041 SERVICE REVENUE 351,126 70,375 - 280,751 351,126 TOTAL DIRECT EVENT REVENUE 519,167 469,165 138,000 50,002 381,167 JANCILLARY REVENUE FOOD AND BEVERAGE REVENUE 1,705,649 1,485,210 1,400,300 220,439 305,349 AUDIO-VISUAL REVENUE 142,111 45,983 128,500 96,128 13,611 DECORATOR SERVICES REVENUE 15,000 38,885 - (23,885) 15,000 TOTAL ANCILLARY REVENUE 1,862,760 1,570,078 1,528,800 292,682 333,960 TOTAL EVENT REVENUE 2,381,927 2,039,243 1,666,800 342,684 715,127 OTHER REVENUE 42,900 35,700 200,515 7,200 (157,615) TOTAL GROSS REVENUE I EVENT EXPENSE SERVICE EXPENSE FOOD & BEVERAGE EXPENSE AUDIO-VISUAL EXPENSE DECORATOR SERVICES EXPENSE TOTAL EVENT EXPENSE TOTAL EVENT INCOME 11191 fAwaolol!j ld:t9ld:I=I:A:l JINDIRECT EXPENSES PERSONNELEXPENSE OTHER OPERATING EXPENSE EXECUTIVE FINANCE EVENT SERVICES SALES & MARKETING OPERATIONS FOOD & BEVERAGE OVERHEAD TRANSITION TOTAL INDIRECT EXPENSES 2,424,827 2,074,943 1,867,315 349,884 557,512 (94,250) (87,403) (27,945) (6,847) (66,305) (392,299) (565,567) (408,850) 173,268 16,551 (25,580) (14,971) (25,555) (10,609) (25) (1,500) (17,675) 16,175 (1,500) (513,629) (685,617) (462,350) 171,988 (51,279) 1,868,298 1,353,626 1,204,450 514,671 663,848 1,911,198 1,389,326 1,404,965 521,871 506,233 1,538,778 1,112,841 795,617 (425,937) (743,161) 1,063,650 916,544 587,960 (147,106) (475,690) 199,285 - 416,191 (199,285) 216,906 145,044 - - (145,044) (145,044) 173,044 - 57,900 (173,044) (115,144) 301,588 - 124,205 (301,588) (177,383) 480,156 - 151,620 (480,156) (328,536) 570,387 - 381,495 (570,387) (188,892) 727,923 - 252,166 (727,923) (475,757) 5,000 - (5,000) (5,000) 2,602,428 2,029,385 1,383,577 (573,043) (1,218,851) NET INCOME / (SUBSIDY) (691,230) (640,059) 21,388 (51,172) (712,618) FOOD AND BEVERAGE REVENUE FOOD AND BEVERAGE EXPENSES FOOD AND BEVERAGE P&L 1,705,649 1,485,210 962,686 565,567 1,400,300 790,345 (743,655) (205,443) 742.963 919.643 609.955 964.094 510.792 GRAND RIVER CENTER ANNUAL BUDGET 2024 INCOME STATEMENT BUDGETPROPOSAL TOTAL July August September October November December January February March April May June # OF EVENTS 194 9 5 16 20 11 6 6 22 29 25 19 26 GENERALATTENDANCE 82,424 2,587 1,275 9,141 9,468 4,067 1,104 2,626 8516 11,488 11,041 9,846 11,265 ITOTAL EVENT REVENUE RENTAL REVENUE 168,041 5,277 2,601 18,636 19,301 8,290 2,251 5,354 17,361 23,419 22,509 20,074 22,968 ELECTRICALILITILITIESBILLED 9,996 - - 1,428 1,428 - - 621 807 1,428 1.428 1,428 1,428 OTHER SERVICE BILLED 341,130 10,713 5,281 37,828 39,182 16,830 4,572 10,869 35,246 47,544 45,694 40,747 46,625 SERVICE REVENUE 351,126 10,713 5,281 39,256 40,610 16,830 4,572 11,490 36,053 48,972 47,122 42,175 48,053 TOTAL DIRECT EVENT REVENUE 519,167 15,990 7,882 57,892 59,911 25,120 6,823 16,844 53,414 72,391 69,631 62,249 71,021 JANCILLARY REVENUE Food & Beverage Revenue 1,705,649 53,566 26,403 189,138 195,909 84,150 22,858 54,343 176,228 237,720 228,471 203,737 233,126 Audio -Visual Revenue 142,111 4,464 2,201 15,758 16,322 7,011 1,904 4,527 14,683 19,806 19,036 16,975 19,424 Decorator Services Revenue 15,000 - - 2,143 2,143 - - 2,143 - 2,143 2,143 2,143 2,143 TOTAL ANCILLARY REVENUE 1,862,760 58,030 28,604 207,039 214,374 91,161 24,762 61,013 190,911 259,669 249,650 222,855 254,693 TOTAL EVENT REVENUE 2,381,927 74,020 36,486 264,930 274,285 116,281 31,585 77,856 244,325 332,060 319,281 285,104 325,714 JOTHER REVENUE ADVERTISING SPONSORS 20,000 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 COST OF SPONSORSHIP (EXPENSE) (1,700) (142) (142) (142) (142) (142) (142) (142) (142) (142) (142) (142) (142) OTHER INCOME or CANCELLATION FEES 3,500 292 292 292 292 292 292 292 292 292 292 292 292 VENDING 500 42 42 42 42 42 42 42 42 42 42 42 42 INTEREST AND DIVIDENDS 600 50 50 50 50 50 50 50 50 50 50 50 50 MISCELLANEOUS 20,000 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 TOTAL OTHER REVENUE 42,900 3,575 3,575 3,575 3,575 3,575 3,575 3,575 3,575 3,575 3,575 3,575 3,575 TOTAL GROSS REVENUE 2,424,827 77,595 40,061 268,505 277,860 119,856 35,160 81,431 247,900 335,635 322,856 288,679 329,289 IEVENT EXPENSE Service Expense (94,250) (3,078) (1,419) (10,420) (10,784) (4,522) (1,228) (3,032) (9,614) (13,030) (12,734) (11,405) (12,984) Food & Beverage Expense (392,299) (12,320) (6,073) (43,502) (45,059) (19,355) (5,257) (12,499) (40,532) (54,676) (52,548) (46,860) (53,619) Audio -Visual Expense (25,580) (804) (396) (2,836) (2,938) (1,262) (343) (815) (2,643) (3,565) (3,426) (3,056) (3,496) TOTAL EVENT EXPENSE (513,629) (16,202) (7,888) (56,973) (58,995) (25,138) (6,828) (16,560) (52,790) (71,485) (68,923) (61,534) (70,313) NET EVENT INCOME 1,868,298 57,818 28,598 207,958 215,289 91,143 24,756 61,297 191,535 260,575 250,358 223,570 255,401 NET INCOME W/OTH REVENUE 1,911,198 61,393 32,173 211,533 218,864 94,718 28,331 64,872 195,110 264,150 253,933 227,145 258,976 GRAND RIVER CENTER ANNUAL BUDGET 2024 INCOME STATEMENT BUDGETPROPOSAL TOTAL July August September October November December January February March April May June INDIRECT EXPENSES PERSONNELEXPENSE SALARIES ADMINISTRATIVE 755,000 58,077 58,077 58,077 58,077 58,077 87,115 58,077 58,077 58,077 58,077 58,077 87,115 EMPLOYEE INCENTIVE 57,000 4,750 4,750 4,750 4,750 4,750 4,750 4,750 4,750 4,750 4,750 4,750 4,750 PART-TIME STAFF 272,824 14,050 11,430 27,371 28,024 16,999 11,088 14,317 25,933 32,056 31,164 28,779 31,613 Bartender Wages 53,192 1,670 823 5,898 6,110 2,624 713 1,695 5,496 7,413 7,125 6,354 7,270 Catering Wages 132,132 4,150 2,045 14,652 15,177 6,519 1,771 4,210 13,652 18,416 17,699 15,783 18,060 Kitchen Wages 79,690 2,503 1,234 8,837 9,153 3,932 1,068 2,539 8,234 11,107 10,674 9,519 10,892 F&B WAGE TAXES 21,918 688 339 2,430 2,517 1,081 294 698 2,265 3,055 2,936 2,618 2,996 PAYROLLTAXES 86,833 6,108 5,891 7,211 7,265 6,352 8,315 6,130 7,092 7,599 7,526 7,328 10,015 CONTRACT LABOR - Security/Cleaning/F&B 9,500 428 317 985 1,012 554 302 431 932 1,184 1,146 1,044 1,165 ALLOCATION OF LABOR TO EVENTS (120,530) (3,682) (1,815) (13,471) (13,936) (5,784) (1,571) (4,061) (12,257) (16,810) (16,174) (14,475) (16,494) EMPLOYEE BENEFITS 167,012 12,847 12,847 12,847 12,847 12,847 19,271 12,847 12,847 12,847 12,847 12,847 19,271 EMPLOYEE BENEFITS-401K CONTRIB 24,209 1,862 1,862 1,862 1,862 1,862 2,793 1,862 1,862 1,862 1,862 1,862 2,793 TOTAL PERSONNEL EXPENSE 1,538,778 103,451 97,801 131,450 132,858 109,813 135,909 103,496 128,882 141,556 139,632 134,486 179,445 JOTHER OPERATING EXPENSE CASH OVER/SHORT ADVERTISING PROMOTIONS PHOTOGRAPHY BAD DEBT ARMOREDCAR TRAVEL & ENTERTAINMENT MEETINGS & CONVENTIONS DUES & SUBSCRIPTIONS GOOD & WELFARE RELOCATION RECRUITMENT TRAINING UNIFORMS OFFICE SUPPLIES POSTAGE PRINTING LICENSES, PERMITS & FEES INSURANCE EXPENSE INSURANCE -WORKERS COMP CONSULTING & PROFESSIONAL FEES CONS & PROF FEES - LEGAL FEES DATA PROCESSING - PAYROLL FEES DATA PROCESSING - BANK FEES DATA PROCESSING - CREDIT CARD FEES COMPUTER HARDWARE & SOFTWARE COMPUTER CONTRACTS COMPUTER SUPPLIES COMPUTER - WEBSITE CONTRACTED SERVICES LANDSCAPING PEST CONTROL EQUIP. MAINTENANCE ANNUAL AGREEMENTE HVAC BUILDING SUPPLIES BUILDING SUPPLIES- JANITORIAL REPAIRS AND MAINTENANCE - EQUIPMENI REPAIRS AND MAINTENANCE - BUILDING EQUIPMENT RENTALILEASE TOOLS AND EQUIPMENT AUTOMOBILE EXPENSES SMALLWARES & RENEWALS DECORATIONS LINEN & CLEANING EXPNESE OTHER EXPENSE TELEPHONE CABLETV TRASH HAULING UTILITIES - ELECTRIC UTILITIES - GAS UTILITIES - WATERISEWER MANAGEMENTIFEE INCENTIVE FEE TOTAL OPERATING EXPENSES TOTAL INDIRECT EXPENSES NET INCOME Soo 42 42 42 42 42 42 42 42 42 42 42 42 15,000 2,042 1,042 1,042 1,042 1,042 1,042 1,042 1,042 1,042 2,542 1,042 1,042 4,500 375 375 375 375 375 375 375 375 375 375 375 375 5,000 417 417 417 417 417 417 417 417 417 417 417 417 2,500 - - - - - - - - - - - 2,500 2,600 217 217 217 217 217 217 217 217 217 217 217 217 26,820 2,178 2,541 4,050 1,842 847 914 605 1,654 3,056 2,126 2,810 4,196 6,500 155 77 556 1,326 244 66 913 513 697 670 598 684 5,600 650 50 850 - - - 1,000 - - - - 3,050 5,000 417 417 417 417 417 417 417 417 417 417 417 417 10,000 3,333 3,333 3,333 - - - - - - - - - 2,500 208 208 208 208 208 208 208 208 208 208 208 208 190 10 150 - - 10 - - 10 - - - 10 3,500 1,000 - 250 - - 750 - - - 1,500 - - 4,000 333 333 333 333 333 333 333 333 333 333 333 333 1,430 119 119 119 119 119 119 119 119 119 119 119 119 4,150 250 350 250 250 350 250 250 350 250 750 500 350 4,875 115 115 865 115 115 115 365 115 115 2,615 115 115 29,000 2,417 2,417 2,417 2,417 2,417 2,417 2,417 2,417 2,417 2,417 2,417 2,417 28,354 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 2,363 1,750 146 146 146 146 146 146 146 146 146 146 146 146 3,500 292 292 292 292 292 292 292 292 292 292 292 292 10,000 833 833 833 833 833 833 833 833 833 833 833 833 660 55 55 55 55 55 55 55 55 55 55 55 55 17,576 552 272 1,949 2,019 867 235 560 1,816 2,450 2,354 2,100 2,402 37,630 3,136 3,136 3,136 3,136 3,136 3,136 3,136 3,136 3,136 3,136 3,136 3,136 9,370 781 781 781 781 781 781 781 781 781 781 781 781 2,000 - - - - - - - - - 1,000 500 500 6,000 500 500 500 500 500 500 500 500 500 500 500 500 12,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 13,200 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 4,200 350 350 350 350 350 350 350 350 350 350 350 350 22,800 1,900 1,900 1,900 1,900 1,900 1,900 1,900 1,900 1,900 1,900 1,900 1,900 19,200 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 24,500 2,042 2,042 2,042 2,042 2,042 2,042 2,042 2,042 2,042 2,042 2,042 2,042 32,500 2,708 2,708 2,708 2,708 2,708 2,708 2,708 2,708 2,708 2,708 2,708 2,708 5,500 458 458 458 458 458 458 458 458 458 458 458 458 35,500 2,958 2,958 2,958 2,958 2,958 2,958 2,958 2,958 2,958 2,958 2,958 2,958 4,650 388 388 388 388 388 388 388 388 388 388 388 388 7,500 583 583 583 583 583 583 583 583 583 583 1,083 583 3,700 308 308 308 308 308 308 308 308 308 308 308 308 15,500 487 240 1,719 1,780 765 208 494 1,601 2,160 2,076 1,851 2,119 1,000 83 83 83 83 83 83 83 83 83 83 83 83 30,725 965 476 3,407 3,529 1,516 412 979 3,175 4,282 4,116 3,670 4,199 4,275 356 356 356 356 356 356 356 356 356 356 356 356 17,220 1,435 1,435 1,435 1,435 1,435 1,435 1,435 1,435 1,435 1,435 1,435 1,435 4,800 400 400 400 400 400 400 400 400 400 400 400 400 6,500 202 100 723 748 317 86 212 667 906 871 778 889 337,238 30,993 31,606 29,062 23,909 20,732 19,004 22,853 31,147 33,955 25,092 27,879 41,007 7,427 296 285 319 438 665 899 1,426 1,077 797 664 313 248 14,550 452 223 1,618 1,675 710 193 476 1,492 2,028 1,950 1,742 1,990 150,000 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 38,660 - - - - - - - - - - - 38,660 1,063,650 86,499 83,678 92,813 81,493 71,000 66,994 73,995 87,477 94,558 91,146 87,217 146,779 2,602,428 189,950 181,479 224,263 214,352 180,813 202,903 177,491 216,359 236,113 230,777 221,704 326,224 (691,230) (128,557) (149,306) (12,730) 4,513 (86,095) (174,571) (112,620) (21,249) 28,036 23,156 5,441 ___(§L,248 I GRAND RIVER CENTER EVENTS BUDGET ANNUAL BUDGET 20IL24._� [��j EMEETINGS] CONSUMER TRADE SPECIAL Weddings SPORTING.] Miscellaneous SHOWS CONIV NITIONS EVENTS Quinceneras EVENTS Events NUMBER OF EVENTS 36 15 7 11 194 7 11 92 8 7 Number of Event Days 36 92 8 7 7 11 15 7 11 194 TOTAL PAID - - GENERAL ATTENDANCE 7,992 12,420 17,000 11,599 15,078 4,763 6,525 4,242 2,805 82,424 NET SQUARE FOOTAGE - - IDIRECT EVENT REVENUE HALL RENTAL REVENUE 16,308 25,300 34,656 23,646 30,744 9,702 13,320 8,645 5,720 168,041 SERVICE REVENUE 33,120 51,428 70,325 52,339 68,041 19,699 27,027 17,546 11,601 351,126 IDIRECT EVENT REVENUE 49,428 76,728 104,981 75,985 98,785 29,401 40,347 26,191 17,321 519,167 ISERVICE REVENUE ELECTRICALILITILITIESBILLED 4,347 5,649 - - 9,996 OTHER SERVICE BILLED 33,120 51,428 70,325 47,992 62,392 19,699 27,027 17,546 11,601 341,130 TOTAL SERVICE REVENUE 33,120 51,428 70,325 52,339 68,041 19,699 27,027 17,546 11,601 351,126 SERVICE REVENUE TO RENTAL REVENUE RATIO 203.1% 203.3% 202.9% 221.3% 221.3% 203.0% 202.9% 203.0% 202.8% 209.0% ILESS SERVICE EXPENSES: SETUP LABOR EXPENSE (8,897) (13,811) (18,897) (13,677) (17,781) (5,292) (7,262) (4,714) (3,118) (93,450) EQUIPMENT RENTAL EXPENSE (800) (800) ITOTAL SERVICE EXPENSES (9,697) (13,811) (18,897) (13,677) (17,781) (5,292) (7,262) (4,714) (3,118) (94,250) NET SERVICE INCOME/(LOSS) 23,423 37,617 51,428 38,662 50,260 14,407 19,765 12,832 8,483 256,876 SERVICE REVENUE PROFIT MARGIN 70.7% 73.1% 73.1% 73.9% 73.9% 73.1% 73.1% 73.1% 73.1% 73.2% IFOOD & BEVERAGE Catering Revenue:Food 132,372 205,528 281,064 191,807 249,361 78,727 108,015 70,126 46,365 1,363,365 Catering Revenue:Beverages-Non Aic 33,228 51,612 70,560 48,153 62,601 19,767 27,120 17,605 11,638 342,284 GROSS FOOD & BEVERAGE REVENUE 165,600 257,140 351,624 239,960 311,962 98,494 135,135 87,731 58,003 1,705,649 Cater! ng: COS: Cater! ng Tax Cater! ng: COS: Food Catering: COS: Beverages Catering:COS:Catering Wages Concession:COS:Concession Wages TOTAL FOOD & BEVERAGE EXPENSE NET FOOD & BEVERAGE INCOME FOOD & BEVERAGE EVENT PROFIT MARGIN 1AUDI0 VISUAL REVENUE (30,446) (47,271) (64,645) (44,116) (57,353) (18,107) (24,843) (16,129) (10,664) (313,574) (7,642) (11,871) (16,229) (11,075) (14,398) (4,546) (6,238) (4,049) (2,677) (78,725) (55,191) (71,751) (31,081) (13,341) (38,088) (80,874) (22,654) (20,178) (392,299) 127,512 270,750 184,769 240,211 75,840 104,054 67,553 44,662 1,313,350 77.0% 77.0% 77.0% 77.0% 77.0% 77.0% 77.0% 77.0% 77.0% 77.0% AV SERVICE REVENUE 13,788 21,436 29,296 19,992 25,991 8,206 11,265 7,308 4,829 142,111 AV SERVICE EXPENSE (2,482) (3,858) (5,273) (3,599) (4,678) (1,477) (2,028) (1,315) (869) (25,580) NET AUDIO VISUAL INCOME 11,306 17,578 16,393 21,313 6,729 9,237 5,993 3,960 116,531 AUDIO VISUAL PROFIT MARGIN 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 82.0% 82.0�/o IDECORATOR SERVICES DECORATOR SERVICES REVENUE 15,000 - 15,000 DECORATOR SERVICES EXPENSE (1,500) (1,500) NET DECORATOR SERVICES INCOME 13,500 - 13,500 DECORATOR SERVICES PROFIT MARGIN 0.0% 0.0% 0.0% 90.0% 0.0% 0.0% 0.0% 0.0% 0.0% 90.0% ITOTAL ANCILLARY INCOME 138,818 215,575 294,773 214,663 261,523 82,569 113,291 73,545 48,622 1,443,381 IEVENT OPERATING INCOME 549 278,492 276,970 342,527 106,678 146,376 95,022 62,825 1,868,298 NET OPERATING INCOME PROFIT MARGIN 78.03% 78.38% 78.38% 78.92% 78.43% 78.38% 78.38% 78.38% # 78.38% # 78.44% ITOTAL GROSS REVENUE 228,816 355,304 485,901 350,937 436,738 136,101 186,747 121,230 80,153 2,381,927 GRAND RIVER CENTER INDIRECT EXPENSES 2024 OPERATING BUDGET FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 100 130 160 200 330 FY2024 FY2024 FY2024 FY2024 FY2024 FY2024 300-00 330-40 330-50 420 440 460 EVENT SALES & OPERATIONS - OPERATIONS - OPERATIONS - FOOD & TOTAL EXECUTIVE FINANCE SERVICES MARKETING CONSOLIDATED OPERATIONS SETUP CUSTODIAL BEVERAGE OVERHEAD TRANSITION SALARIES 755,000 110,000 70,000 120,000 165,000 170,000 120,000 50,000 120,000 EMPLOYEE INCENTIVE COMPENSATION 57,000 22,000 7,000 7,000 7,000 7,000 7,000 - - 7,000 SALARIES PART TIME 272,824 20,085 36,608 - 24,960 191,171 24,960 119,411 46,800 - Bartender Wages 53,192 - - - - - - - 53,192 Catering Wages 132,132 132,132 Kitchen Wages 79,690 79,690 F&B PT PAYROLL TAXES 21,918 - - - - - - - - 21,918 PAYROLLTAXES 86,833 11,122 9,637 10,074 15,878 30,049 12,138 14,039 3,872 10,074 CONTRACTLABOR 9,500 - - - - 2,500 - 2,500 - 7,000 ALLOCATION OF LABOR TO EVENTS (120,530) - - - - (120,530) - (120,530) - EMPLOYEE BENEFITS OPERATIONS 167,012 19,454 13,209 29,661 29,901 45,126 32,903 12,223 29,661 EMPLOYEE BENEFITS-401 K CONTRIB 24,209 3,809 2,310 3,810 5,160 5,310 3,810 1,500 - 3,810 Total Employee Compensation 1,538,778 186,470 138,764 170,544 247,898 330,626 200,811 79,143 50,672 464,475 CASH OVER/SHORT Soo - - - - - - - - 500 ADVERTISING 15,000 15,000 - PROMOTIONS 4,500 4,500 PHOTOGRAPHY 5,000 - 5,000 BAD DEBT 2,500 2,500 - ARMOREDCAR 2,600 - 2,600 - - - - TRAVEL & ENTERTAINMENT 26,820 6,040 - 15,000 780 780 5,000 MEETINGS & CONVENTIONS 6,500 1,500 5,000 - - - - DUES & SUBSCRIPTIONS 5,600 4,500 - 100 100 1,000 GOOD & WELFARE 5,000 - - - 5,000 RELOCATION 10,000 10,000 RECRUITMENT 2,500 - 2,500 TRAINING 190 190 - - - - UNIFORMS 3,500 - 1,000 1,000 2,500 - OFFICE SUPPLIES 4,000 - - - 4,000 POSTAGE 1,430 - 1,430 PRINTING 4,150 3,000 - - - 1,150 LICENSES, PERMITS & FEES 4,875 - 750 750 2,750 1,375 INSURANCE EXPENSE 29,000 - - - 29,000 INSURANCE -WORKERS COMP 28,354 28,354 CONSULTING & PROFESSIONAL FEES 1,750 1,750 CONS & PROF FEES - LEGAL FEES 3,500 3,500 DATA PROCESSING - PAYROLL FEES 10,000 - 10,000 DATA PROCESSING - BANK FEES 660 660 - - DATA PROCESSING - CREDIT CARD FEES 17,576 520 17,056 - COMPUTER HARDWARE & SOFTWARE 37,630 - 3,130 34,500 COMPUTER CONTRACTS 9,370 - 9,370 COMPUTER SUPPLIES 2,000 - 2,000 COMPUTER - WEBSITE 6,000 6,000 - - - CONTRACTED SERVICES 12,000 - 12,000 12,000 LANDSCAPING 13,200 13,200 13,200 - PEST CONTROL 4,200 - - 4,200 EQUIP. MAINTENANCE ANNUAL AGREEMENT� 22,800 22,800 22,800 - HVAC 19,200 - 19,200 19,200 - BUILDING SUPPLIES 24,500 1,000 500 500 - 23,000 BUILDING SUPPLIES- JANITORIAL 32,500 - 32,500 - 32,500 - REPAIRS AND MAINTENANCE - EQUIPMENT 5,500 - - - 5,500 REPAIRS AND MAINTENANCE - BUILDING 35,500 35,500 28,000 7,500 - - EQUIPMENT RENTAULEASE 4,650 - 1,500 1,500 - 750 2,400 TOOLS AND EQUIPMENT 7,500 500 3,500 3,500 3,500 - AUTOMOBILE EXPENSES 3,700 - 3,700 3,700 - SMALLWARES & RENEWALS 15,500 - - 15,500 DECORATIONS 1,000 1,000 LINEN & CLEANING EXPNESE 30,725 - - - - 30,725 OTHER EXPENSE 4,275 775 1,000 2,500 2,500 - - TELEPHONE 17,220 - - - - 17,220 CABLE TV 4,800 4,800 TRASH HAULING 6,500 6,500 UTILITIES - ELECTRIC 337,238 337,238 UTILITIES - GAS 7,427 7,427 UTILITIES - WATER/SEWER 14,550 14,550 MANAGEMENTFEE 150,000 150,000 INCENTIVE FEE 38,660 - - - - - - - - 38,660 - Total Operational Expense 1,063,650 12,815 6,280 2,500 53,690 149,530 109,530 40,000 105,911 727,923 5,000 TOTAL FACILITY OPERATIONS EXPENSE 2,602,428 199,285 145,044 173,044 301,588 480,156 310,341 79,143 90,672 570,387 727,923 5,000 EXHIBIT D EXISTING CONTRACTS Page 34 of 39 EXHIBIT E INSURANCE OVG shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Schedule E-1, attached hereto, prior to commencing work. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. Each certificate shall be furnished to the Finance Department of the City of Dubuque. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. OVG shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. OVG agrees that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. Owner may request a copy of such certificates from OVG. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to OVG identifying and listing in writing all deviations and exclusions from the ISO form. OVG shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit E-1. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. OVG shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. All certificates of insurance must include agents name, phone number, and email address. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 35 of 39 A) Schedule E - I COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 1 Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written on a form equivalent or more broad than ISO form CG 00 01 or business owners form BP 00 02. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) OVG will use its best efforts to obtain and include Preservation of Governmental Immunities Endorsement by no later than the Commencement Date. (Sample attached). 4) include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26 Policy shall include Waiver of Right to Recover from Others endorsement or by blanket waiver of subrogation endorsement. 5) OVG shall provide thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 13) AUTOMOBILE LIABILITY C) Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If OVG's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1 ) Policy shall include Waiver of Right to Recover from Others endorsement. WORKERS'COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Page 36 of 39 Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, OVG is not required to purchase Workers' Compensation Insurance, OVG shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBIRELWEXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1 The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims- made policy form with a Retroactive Date prior to the date of the agreement, OVG must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 X Yes No Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. G) CONCESSIONAIRE BOND $25,000 H) DRAM SHOP $3,000,000 Page 37 of 39 Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page 38 of 39 EXHIBIT F TRANSITION BUDGET Included within the Stub Operating Year and first Operating Year budgets attached hereto as Exhibit C. Page 39 of 39 November 18, 2022 PL I . L 4� 72V Operations Management Services Proposal EMCM-W *VG 360 Transmittal Letter & Executive Summary November 18, 2022 Ms. Marie L. Ware Leisure Services Department City of Dubuque 1157 Central Avenue Dubuque, IA 52001-5016 Dear Ms. Ware, OVG360, a division of Oak View Group ("OVIG"), is pleased to present the City of Dubuque ("the City") with our Response to RFP for Operations Management Services for Grand River Center Conference Center and Education Center ("GRIC"). We appreciate the City's interest in considering a change in venue management and food and beverage services and enhancing the operations of the GRC. We are confident that the OVG360 team will offer you a new and creative approach to convention center operations, and we are committed to taking GRC to the next level of success. Since its inception, OVG360 has taken a highly individualized method to innovate "the business as usual" approach to private management of public venues. We do not believe that a cookie -cutter approach to managing, marketing, booking, and operating venues works as the best model for owners and their communities. We do believe that every venue, city, and governing body deserves the individualized assessment of what is best for them, determining our approach to providing these services and how we will be held accountable for their delivery. We know that change can be hard. But it can also be rewarding. In this case, we believe that you are one decision away from a different existence, and in fact, a better existence. Imagine a service -driven socially responsible approach to venue management. Imagine a dedicated team focusing on a detailed and customized food and beverage operation that complements local fare and sourcing. Imagine working with one of the most successful sponsorship sales agencies in the world; a group that generated over $3 Billion in sponsorship revenue during the global pandemic. Imagine working more closely with the most powerful and high -profile meeting planners to ensure that GRC is not an afterthought, but a sought-after destination. OVG was founded in 2016 by Irving Azoff and Tim Leiweke - two of the most charismatic and visionary individuals in the history of the hospitality, entertainment, and sports industries. Their positive disruption has come to life, as OVG has invested in and developed over $6 Billion in new venues across the US and internationally, including Seattle's Climate Pledge Arena, New York City's UBS Arena, Savannah's Enmarket Arena, Austin's Moody Center, Acrisure Arena in Coachella Valley, CA, and a $200 Million redevelopment of the Baltimore Arena in a partnership with the NBA's Kevin Durant's 35Ventures. OVG has also committed to invest an additional $4 Billion in new development projects over the next five years. We also created the OVG Arena Alliance to drive maximum content and create corporate partners for the 25+ most prestigious arenas in the US. Late last year, OVG completed its acquisition of Spectra, growing our venue management and booking portfolio to over 230 venues, including 59 convention centers. This industry leading venue group, now known as OVG360, has already made a significant disruption in the venue management industry. This year alone, OVG360 has helped our clients open new convention centers in Lexington, KY, and Terre Haute, IN, and is currently supporting the planning stages for a massive renovation of the Kay Bailey Hutchison Convention Center in Dallas, TX. This recent acquisition also included Spectra's established food service division, now known as OVG Hospitality. Combined, we are making a substantial investment in our people, practices, and clients, and the City of Dubuque has the unique opportunity to become another flagship community showcased by OVG360. Working with local businesses is not new to OVG360. In fact, creating environments that reflect and celebrate the diverse communities in which we operate is one of our core values. A perfect example of our values in action can be seen in OVG360's operation of the new Enmarket Arena in Savannah, GA, where we proudly boast over 70% inclusion of local minority firms. We are passionate and confident about delivering similar results in the Dubuque community. *VG360 11755 WILSHIRE BLVD., 9TH FLOOR - LOS ANGELES, CA 90025 - OAKVIEWGROUP.COM STRATEGY flIGHLIGHTS Aggressive Approach to Sales and Marketing: Our enclosed response provides a comprehensive plan for driving occupancy across GRC, with a focus on employing a strategic approach to layering business in order to increase economic impact and room nights at local hotels. Relationship with Dubuque Fighting Saints: No company understands the business of hockey better than OVG360. As part of the Dubuque Fighting Saints' ownership team, OVG360 Chairman, Peter Luukko is committed to the continued growth of their fan base, the community and further synergies throughout the Dubuque market. Dedicated Food & Beverage Approach: We feel there is a substantial opportunity to improve the customer experience and grow revenue in the F&B operation. Through our food and beverage division, OVG Hospitality, we will implement new creative menus, create new grab -and -go concepts that promote speed of service and revenue growth, and modern technology that will allow a more analytically-d riven approach to operations through our proprietary SPAN360. Partnersh 1 p- Driven Approach: Maximizing the success of GRC requires an iron -clad partnership among a variety of stakeholders including the City of Dubuque, Travel Dubuque, Dubuque Area Chamber of Commerce, Dubuque Fighting Saints, local M/WBE organizations, labor unions, service providers, and the local hospitality community. We are committed to fostering close -working relationships with these entities so that, through effective communication and consistent practices, we can maximize economic impact for local minority businesses and organizations. Revenue Generation through Sponsorship Sales: Through our partnerships division, OVG Global Partnerships, OVG360 is a leader in the sponsorship sales industry. We have identified sponsorship sales as a key opportunity to better monetize the assets of GRC and further enhance the event experience through tailored activations and marketing. Focus on Sustainability: We are the industry leader in sustainability efforts and are eager to be your partner in enhancing sustainability at GRC. We are confident in our ability to not only meet, but to exceed your goals, and we propose to develop a forward -facing marketing plan to educate guests on our commitment to and accomplishments in this critical area. Commitment to Diversity, Equity, and Inclusion: Through our Diversity, Equity, and Inclusion Council, our corporate Vice President of DE&I, and the many local partnerships we have developed dedicated to supporting M/WBE hiring and equal employment opportunity practices, we are committed to developing a locally -inclusive program for the GRC. We recognize the impact these initiatives have on the community and are confident in our ability to succeed on your behalf, as we have done in other markets. Excellence in Transition: We are proud of our best -in -class onboarding procedures and can assure you we will have key positions and corporate support on -site throughout by utilizing our vast and strong regional network of venues, which include Waterloo Convention Center in Waterloo and the Iowa Events Center in Des Moines. OVG360 is unlike any other venue management company in the sports, hospitality, and live events industry. We authentically understand the challenges and frustrations that owner/operators face because we are owners. We invest in what we do, with the purpose of changing the world by leading through example. We own, build, and operate buildings. We put our own capital, our own reputations, and our own expertise on the line each and every day. We are, in fact, our clients' champions. We believe that a partnership with OVG360 provides the City of Dubuque and its GRC with the best opportunity to be successful. We encourage you to choose ambition. To choose diversity. To choose sustainability. And to choose an authentic partnership that will elevate your incredible venue, and your iconic city. We look forward to the journey with you. As the Proposal Manager, please do not hesitate to contact me with any questions concerning our enclosed Response. My direct contact information is as follows: Matt Lashoff, Director, Business Development, OVG360 150 Rouse Blvd., Philadelphia, PA 19112 Ph: (518) 461-1595, mlashoff@oakviewgroup.com, oakviewgroup,com Sincerely, 4t6k_� �Iatt Lashoff Director, Business Development, OVG360 Appendix B PROPOSAL RESPONSE FORM Request for Proposals for Operations Management Services for Grand River Center, Dubuque, Iowa The undersigned, on behalf of the firm, certifies that: (1) this offer is made without previous understanding, agreement, or connection with any person, firm, or corporation submitting a proposal on the same project; (2) is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm in whose name the proposal is submitted; (4) they have read the complete Request for Proposal and understand all provisions; (5) if accepted by the City, this proposal is guaranteed as written and amended and will be implemented as stated; and (6) mistakes in the submitted proposal will be the firm's responsibility. Global Spectrum L P DBA/SAME ovG36o CONTACT Malt Lashoff ADDRESS 150 Rouse E31vd CITYISTATE Philadelphia, PA Zip 19112 PHONE 5i&46i-is95 EMAIL mlashoff@oakviewgroup.com STATE OF INCORPORATION Delaware COMPANY WEBSITE ADDRESS oakviewgroup.com 239 facilities Full-time: 2,934 NUMBER OF LOCATIONS operated NUMBER OF PERSONS EMPLOYED Part-time: 28,234 TYPE OF ORGANIZATION: Public Corporation Private Corporation _ Sole Proprietorship Partnership X Joint Venture Other (Describe) BUSINESS MODEL: Small Business Manufacturer Distributor Retail Dealer_ Other (Describe) � Services Not a Minority -Owned Business: : —African American Asian Pacific Other - Please specify Minority -Owned Business: _ (Specify Below) - Subcontinent Asian -- Hispanic _Native American Not a Woman -Owned Business: X Woman -Owned Business: _ (Specify Below) —Not Minority -Woman Owned — African American -Woman Owned —Asian Pacific -Woman Owned — Subcontinent Asian -Woman Owned _Hispanic Woman Owned —Native American -Woman Owned —Other - Woman Owned - Please specify ARE YOU REGISTERED TO DO BUSINESS IN THE STATE OF IOWA: x Yes No ACKNOWLEDGE RECEIPT OF ADDENDA: All addenda are posted to the City's RFQ/RFP web page and it is the proposer's responsibility to check and confirm all addendum(s) related to this document. NO. 1 DATED 11/2/2022 -NO. 2 DATED11/4/202 NO. I —, DATED In submitting a proposal, the firm acknowledges all requirements, terms, conditions, and sections of this RFP document. Proposal submission format should be by order in which sections are listed throughout the document. All minimum and general requirements should be specifically addressed and detailed in firm's response. Exceptions to any part of this document should be clearly delineated and detailed. Matt Lashoff, Director, Business Development 11-16-22 Title Date Exceptions have been provided at the end of this Response, Page 28 of 40 2. FIRM QUALIFICATIONS *VG 360 2. FIRM QUALIFICATIONS 2.A.-2.B. EXPERIENCE PROVIDING SERVICES As demonstrated throughout this Response, our organization has decades of experience providing management and food and beverage services to facilities similar to the Grand River Center. Later in this Response, we have provided a complete profile of our firm, including references for similar clients and examples of our success operating their venues. As we have demonstrated through these references, the majority of our clients are public entities, like the City of Dubuque. 2.C. LEGAL COMPLIANCE OVG360 has knowledge of and complies with all currently applicable and as they become enacted during the Agreement term, federal, state, and local laws, statutes, ordinances, rules, and regulations. We acknowledge that all laws of the State of Iowa, whether substantive or procedural, shall apply to this RFP and the Agreement, and all statutory, charter, and ordinance provisions that are applicable to public contracts in the City shall be followed with respect to this RFP and the Agreement. We have a long history of successfully providing the services requested by the RFP for publicly -owned facilities, including several venues in the state of Iowa. 2.D. MUNICIPAL & CITY GOVERNMENT EXPERIENCE The majority of OVG360's clients are municipal entities (e.g., cities, counties, states). For example, in Iowa, we work on behalf of Polk County, the City of Sioux City, and the City of Waterloo. Later in this response, we have provided several municipal references. 2.E.-2.G. CAPACITY AND RESOURCES Through our corporate support, financial stability, and presence both locally in Iowa and nationally in comparable facilities, OVG360 is well equipped to provide all insurances and other financial commitments as outlined in the terms of this RFP, the proposal, and the Agreement. Any areas for negotiation that we have flagged have been identified in the Exceptions section at the end of this Response. These resources also provide us with the capacity needed to provide all services and meet all obligations as required in the agreement as well as the appropriate materials, equipment, and labor. 3. PROPOSAL RESPONSE FORM We have provided a completed Proposal Response Form as provided in Appendix B immediately following our Cover Letter/Executive Summary. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM 4. PROFILE OF FIRM @VG 360 Global Spectrum L.P. d/b/a OVG360 is a Limited Partnership. Principal Officers of Global Spectrum LLC, the General Partner of Global Spectrum L.P. d/b/a OVG360, include President & Secretary Brian Rothenberg and Vice President & Treasurer Jim Pekala. A copy of our organizational structure has been provided below. In November 2021, OVG completed its acquisition of Spectra (including the company's Venue Management, Food Services & Hospitality, and Partnerships divisions), which brought more than 20 years of proven operating history to the organization. This acquisition effectively blended the two most entrepreneurial and innovative companies in the sports, entertainment, and hospitality industry to redefine facility management and venue services. Throughout this bid, all experience listed is that of OVG360, unless otherwise explicitly noted. . ..................... ..................... UmLeiweke I IrvingAzoff SILVERLAKE *VG OAKVIEWGROUP .............................................................................. .11" 1—iff, u. r., Are— Bus e UBS Arena ennaordt L Alliane 0 D—lopment AREN arena &AC!,[5,Y �E ON ARENA ARENA ARENA cge (Aobal Part —ships lhirb4i UFE 360 & Conferences 4.A. OVG360 PROFILE OVG360, a division of Oak View Group, is a full -service venue management and hospitality company that helps client -partners reimagine the sports, live entertainment, and convention industries for the betterment of the venue, employees, venue users, and surrounding communities. With a portfolio of client -partners spanning arenas, stadiums, convention centers, performing arts centers, cultural institutions, and state fairs around the globe, OVG360 provides a set of services, resources and expertise designed to elevate every aspect of business that matters to venue operators. Service - oriented and driven by social responsibility, OVG360 helps facilities drive value through excellence and innovation in booking and content development, sustainable operations, public health and public safety, food services, and more. OVG360 is raising the bar on how to provide the ultimate service for clients looking for professional management and/or hospitality services for their public venues. As a full -service venue management and event programming firm that specializes in providing premium content and streamlining venue operations, we provide services that make an impactful difference. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM *VG 360 OVG360 represents the full suite of specialized services we can provide to facilities. We listen to our clients and provide services that are appropriate based on their goals and needs. Across our management and hospitality services, we currently operate in more than 420 facilities, and we have a team of successful industry veterans and strategic partners who have a myriad of experience in addressing every challenge faced by venues. We can help make venues more profitable, efficient, and safe for both customers and employees. 43. KEY PERSONNEL Below and on the following pages, we have provided biographies of key executive personnel that will support our operation in Dubuque. The majority of these individuals will support the operation in an advisory capacity, with our regional oversight team being informed of the operation on a more regular, daily basis. CHRIS GRANGER CEO,OVG360 With more than 25 years of experience, Chris oversees OVG360 and its various service divisions. Prior to joining OVG, Granger was group president of sports and entertainment with Ilitch Holdings, a position he held since 2017. While there, he was responsible for all aspects of business operations for the Detroit Tigers, the Detroit Red Wings, the company's joint venture interest in 313 Presents, and the operations of Little Caesars Arena, Comerica Park, Detroit's historic Fox Theater, DTE Energy Music Theater, Meadow Brook Amphitheater, and Michigan Lottery Amphitheater at Freedom Hill. In Granger's four years leading the organization, the Ilitch sports and entertainment businesses saw a period of unprecedented growth, a broad expansion of programming, and significant community investment. Granger previously served as president of the Sacramento Kings and Sacramento Basketball Holdings, LLC. During his tenure, the Kings enjoyed unprecedented revenue growth and were widely recognized as a highly innovative and community -minded franchise. Granger's influence also extended to the development of Sacramento's award -winning, LEED Platinum Golden 1 Center, and its 1.5 million -square - foot downtown mixed -use development project, Downtown Commons. The Golden 1 Center was the first arena in the country to be recognized as LEED Platinum, reflecting its groundbreaking commitment to sustainability. Before joining the Kings, Granger worked in various capacities for the NBA for 14 years. While there, he served as the executive vice president of the NBA:s renowned team marketing and business operations function, where he advised NBA, WNBA, and NBA Development League teams on all aspects of business operations. Granger and his family are active in a wide range of charitable organizations in the Detroit community, including Make -a -Wish Michigan, Salvation Army, the Henry Ford Museum, and City Year Detroit, where Granger proudly serves on the board. He received his bachelor's degree from Cornell University and his Master of Business Administration from Yale. He was named Sacramento Business Person of the Year in 2017 and was a 2010 Sports Business Journol Forty Under 40 award winner. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM GREG ODELL PRESIDENT, VENUE MANAGEMENT @VG 360 Greg recentlyjoined OVG in the role of President, Venue Management. Greg is a renowned leader, who has immeasurably impacted the economic and social health of the communities (and venues) he has served for decades. Greg joins OVG from Events DC, the official convention and sports authority for the District of Columbia, where he was CEO from October 2009 through 2022. His 25 years of leadership includes extensive experience in the development and management of a diverse portfolio of venues — from the 2.3 million -square - foot Washington Convention Center to the Washington Nationals' 41,000-seat, major league baseball stadium Greg has also served as CEO and GM of the Washington Convention Center Authority, where he was responsible for the operations of the 2.3-million-square-foot convention center, an award -winning facility that sees approximately 1 million visitors each year and has generated almost $5 billion in direct delegate spending since opening in 2003. He was also responsible for the Authority's development efforts, having led negotiations with the selected private developer and provided oversight throughout the project lifecycle of a $520 million public -private partnership for the 1,175-room, 37-suite Marriott Marquis Washington, DC hotel. Before joining the Washington Convention Center Authority, Greg was the president and chief executive officer of the D.C. Sports and Entertainment Commission, where he led the project team that completed the $611 million, 41,546-seat and Silver LEED-certified Nationals Park. During his tenure at the Commission, Greg was also responsible for the operations and maintenance of the RFK stadium and campus, inclusive of hosting various events including Major League Baseball and Major League Soccer play, marketing and sales activities, and the contract and services management related to the hosting of events at RFK. Before heading up the Commission, he was the chief development officer for the Government of the District of Columbia, where he was responsible for stimulating and promoting economic development within the District. MATT LASHOFF DIRECTOR, BUSINESS DEVELOPMENT Matt Lashoff is OVG360's Director of Business Development and brings with him more than 15 years of experience in the sports and entertainment industry. Prior to his role with OVG360, Matt led a 12-year professional hockey career which began in 2005 when he was drafted 22nd overall for the Boston Bruin's 2006-07 season. Matt's tenure with the National Hockey League ("NHI.2') also included positions with the Toronto Maple Leafs and Tampa Bay Lightning. While playing professional ice hockey, Matt also was responsible for running a music production company in charge of booking and music publishing for artists and songwriters. In addition to Matt's current role with OVG360, he volunteers time with the St. Louis Blues Alumni Association and local St. Louis (MO) Youth Hockey Associations. Matt also sits on the board of The Warrior Transition Network, a foundation helping veterans transition from military to civilian life. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM JOYCE LEVESTON SENIOR VICE PRESIDENT, CONVENTION CENTERS *VG 360 As SVP, Convention Centers, Joyce optimizes day-to-day operations, and spearheads strategic initiatives and resources across all OVG360-managed convention centers. She oversees a team of regional vice presidents and marketing executives that support our convention center portfolio. Joyce has spent her entire career seamlessly running major convention centers across the nation. With more than 30 years of experience, Joyce has operated venues and produced client experiences from the San Diego Convention Center in San Diego, CA; Miami Beach Convention Center in Miami Beach, FL; GRB Convention Center in Houston Texas; Walter E. Washington Convention Center in Washington DC to her most recent tenure at the Massachusetts Convention Center Authority, where she served as General Manager for both The Hynes Memorial Convention Center and Boston Convention & Exhibition Center. During her many years of service, Joyce has hosted the NFL SuperBowl, MLB and NBA All -Star weekends, the Republican National Convention, Presidential Inaugural Balls, the Whitehouse State of Women Conference, and 57 Heads of State at the Nuclear Security Summit for President Obama. Her keen attention to detail, along -side her expansive client relationships, have made her a force in the industry. Joyce is probably best known for seeking out top industry talent while developing exceptional future leaders. Joyce holds industry memberships with PCMA, lAEE, ASAE, and AIPC, and she currently serves on the committee for diversity and inclusion for IAVM. Joyce earned her Certified Meeting Professional (CMP) credential in 1997, her Certification in Meeting Management (CMM) in 2015, and her Certified Venue Professional (CVP) designation in 2018. Joyce received her bachelor's degree in communications from University of California San Diego. Carrie Jackson, with over 30 years of experience in the event industry, is a District General Manager for OVG360 and the Assistant General Manager at the Iowa Events Center. Her responsibilities include oversight of the Waterloo Convention Center and day-to-day operations of the Convention Center at the Iowa Events Center. Prior to joining the company, Carrie spent 17 years with the Marriott Hotels & Resorts, in various capacities, including Director of Sales and Director of Event Management & Operations. CARRIE JACKSON DISTRICT GENERAL She is a current member of IAVM, MPI, and serves on the Iowa Events MANAGER, CONVENTION Center's Diversity and Inclusion Committee. Carrie is also responsible for maintaining the OVG360 national sales database, which includes CENTERS important information on all aspects of convention center data. The database includes OVG's GPS (Global Prospecting System). She provides training for Sales Directors on solicitation, lead sharing and database coordination. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM SHURA GARNETT @VG 360 Shura Garnett is Senior Vice President of Convention Centers for OVG 360. Prior to her role with OVG, Garnett served as Senior Vice President of Convention Centers for Spectra Venue Management and Food Services & Hospitality (since acquired by OVG). Her responsibilities included oversight of all of the company's Convention Centers and the development and implementation of national sales initiatives for all convention centers. With over 30 years of industry experience, Shura has held positions as Regional Vice President for Spectra, General Manager of the St. Charles Convention Center, Director and CEO of the Midland Convention Center, and Vice SVP, CONVENTION CENTERS President of Visitor Development for the Midland Chamber of Commerce. She has held Board positions for both Trade Show Executives Exposition Forecasting and the Center for Exhibition Industry Research Foundation. Formerly, Shura was on the Board of Directors for the St. Charles Chamber of Commerce, and she was elected to the Texas Department of Economic Development's Tourism Advisory Committee. As part of her IAVM activities, she served as Chairman of the IAVM Convention Center Committee, member of the Industry Affairs Committee, member of the Board of Governors, Chair of the Board of Education, and Chair of the Diversification Committee. She was then elected 1st Vice President of IAVM and worked her way through the chairs to become the Chairman of the Board of the IAVM. She is a current member of ASAE, IAVM, and MPI. She is the recipient of the 2008 St. Charles Zonta Yellow Rose Award, the 2008 recipient of VenuesNow "Women of Influence" Award, the recipient of the 2005 IAVM Presidential Citation and most recently the 2014 recipient of the prestigious Charles A, McElravy Award, the 27th recipient since 1963. Facilities and Destinations has named her as an Elite Convention Center Executive two years in a row. I Q -.04 OV019 �k � � WAGNER GENERAL MANAGER, WATERLOO CONVENTION CENTER Brenclon Wagner is General Manager of the Waterloo Convention Center for OVG360. Prior to this role, he served as Director of Events at the OVG360- managed Owensboro Convention Center & Sportscenter. Prior to his tenure with OVG360, Brenclon served as the Director of Event Management for Explore St. Louis, overseeing all event activity in the America's Center convention center and Edward Jones Dome; and he spent over 6 years as Director of Operations at the RiverCenter/Adler Theatre in Davenport, IA. His duties include advising the City of Waterloo on the transformation of the Waterloo Convention Center into a modern, fully functional convention center, administering the management agreement with the City on behalf of OVG360, financial management, and overall operation of the Waterloo Convention Center. Locally, he serves on the Board of Main Street Waterloo, contributing to the further development of Downtown Waterloo. He is a member of IAVM and IASE; serving on the IAVM Industry Affairs Committee. To help develop future industry leaders, he also serves as a mentor to Missouri State University Entertainment Management students and serves on the Entertainment Management Advisory Committee. Brenclon has a Bachelor's in Entertainment Management from Missouri State University, an MBA from Webster University, and an Executive Master of Sport Business from Temple University. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM MARISSA DIONNE VP, MARKETING *VG 360 Marissa Dionne is a 20-plus-year veteran in the entertainment and venue management industry specializing in marketing, public relations, sponsorship, and group sales. Marissa's career has been formed from a foundation in arena management and marketing and has grown to include convention center -related activities. As Vice President of Marketing for OVG360 and the Arena Alliance, Marissa supports and coaches the onsite staff at all venues. Additionally, she oversees branding and marketing efforts for OVG360 facilities. Throughout her career, she has worked alongside arena event promoters including Live Nation, AEG Live, Feld Entertainment, Harlem Globetrotters, among many others, while promoting and ensuring successful events at arenas throughout the country. Dionne has assisted with local sports franchises from the American Hockey League (AHL) and NBA Development League (D-League). Dionne spent eight years with Global Spectrum (now Spectra) supporting several marketing and sales professionals in other Global Spectrum -managed arenas and conventions centers across the U.S. and Canada. As Regional Director of Marketing, she kept monthly communication with each venue's General Manager and Marketing Department members, coached and developed marketing skills, shared successful ideas and campaigns while assisted in the management of the corporate National Marketing Campaign. In addition to her Regional role, she led an NCAA Division I Basketball Tournament local organizing committee in hosting a week-long tournament. Further, Marissa oversaw an extensive national marketing campaign for the Springfield, MA -based MassMutual Center, a 100,000-square foot convention center, and 6,500-seat hybrid venue. 1 0.1 Wil 1,041 Kill M [91.07iw CARDINAL Blair Kahora Cardinal leads the company's communications strategies on traditional and digital media platforms. She drives CIVG360's business objectives through media relations, digital storytelling, social media engagement, and brand management for external and internal audiences. Blair works closely with field marketing and leadership teams to identify opportunities and to develop inclusive campaigns that showcase each venue's breadth of expertise and exciting content. She also provides communications counsel and support to manage crisis situations. VP, CORPORATE Prior to working at CIVG360, Blair was Assistant Vice President and Director of COMMUNICATIONS Media Relations at Buchanan Public Relations, a boutique agency where she specialized in business -to -business communications for blue-chip professional services clients. Blair holds a Bachelor of Arts from the University of Delaware and an MBA in Strategic Management and Marketing from Villanova University in Villanova, PA. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM MICHAEL AHEARN SVP, OPERATIONS KRISTEN FULMER *VG 360 Michael Ahearn uses his vast domestic and international venue management experience to elevate OVG's facility operations throughout North America. In his position, he oversees Facility Operations Departments at all OVG-managed facilities. He also heads up OVG's Facility Consulting Division, which offers stand-alone venue planning, operations, and procurement services. Michael has held key positions at venues around the world, including Event Manager for the Sheffield Arena in England; Box Office Manager at the Spectrum in Philadelphia, PA; and Sport Complex Director at the Jacksonville Sport & Entertainment Complex in Jacksonville, FL. Michael holds a bachelor's degree from Widener University in Chester, PA. Kristen Fulmer brings more than 10 years' experience working in sustainability strategy for corporations and building portfolios to OVG. She is committed to maximizing performance and promoting occupant health and wellbeing within the built environment. She believes that the built environment can influence the mental and physical experience of humans at any scale and exemplifies the powerful influence of placemaking, equitable access to support systems, and building a sense of community. Her professional passion is climatejustice, which she continually works to integrate into her work. SR. DIRECTOR, After founding Recipric, a front office sustainability agency, Kristen joined Oak SLISTAINABILITY View Group to lead the organization's sustainability strategy and to build and grow GOAL, an industry -wide program. She builds programs that focus on meeting clients where they are along their sustainability journey and supporting them through OVG's immense network of experts and partners. Kristen received her Bachelor's Degree in Public & Urban Affairs with a minor in Environmental Affairs, Residential Property Management from Virginia Tech University. She received her Master's Degree, Science of Architecture in Sustainable Design from The University of Texas at Austin. NALANA HINDS SVP & CORPORATE NaianaHindsoversees the financial accounting and reporting functions of our extensive client base. She also oversees treasury management, capital management, accounts payable and accounts receivable. With over 20 years of experience, Nalana brings a hands-on approach to all aspects of accounting, financial reporting, financial planning and analysis, and system implementations. Prior to OVG, Nalana was with Macada Properties, LLC, where she was previously the Controller and Senior Accounting Executive. CONTROLLER Nalana received her bachelor's and MBA from Philadelphia University. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM VP HUMAN RESOURCES *VG 360 Nicole Orlosky, SHRM-CP, MS-HRM is Vice President of HR for OVG360. Nicole has worked in Human Resources since 2001, including holding roles at several well-known organizations such as Amazon, Sur La Table, and CertainTeed. Most of her career has been spent in the venue management and hospitality industries working for Spectra (now OVG) and Aramark. In her current role, Nicole is responsible for providing the Oak View Group human resources strategy and oversight to OVG360 by delivering effective workforce planning, positive employee relations, and training employees to successfully navigate their most critical challenges today, with and through the human resources team. Nicole brings a collaborative approach to creating strategies to attract, retain, and motivate teams through a positive employee experience. Nicole won the 2014 Delaware Valley HR Person of the Year award for an in-house designed leadership development program at Spectra (now OVG360). Nicole is a lifelong learner, and is a certified professional from the Society of HR Management, a Korn Ferry Certified 360' Leadership Styles Coach, a Hay Group Job Evaluator, and she has completed Temple University's Women's Leadership Series, Temple University's Human Capital Analytics program, and the Executive Online program at Columbia Business School in Building and Leading Effective Teams. Nicole has her bachelor's degree in Psychology from the University of Maine with a concentration in Women's Studies. She also has her Master's Degree in HR Management from West Chester University. Debonair Oates -Primus, Ph.D., oversees DE&I-related strategies, partnerships, programs, and initiatives for OVG. In her role, Debonair recruits and empowers diverse talent, applying that talent on a global basis. With over 12 years of experience in higher education, Debonair brings to the company her expertise in anti -bias training, culturally responsive curriculum development, and hiring. In addition, she has provided DE&I strategic planning to many universities, colleges, and organizations as a consultant. DEBONAIR OATES- PRIMUS Prior to joining OVG, Debonair was at the Community College of Philadelphia, VP OF DIVERSITY, EQUITY & where served as the DE&I Lead, Coordinator of the Diversity Certificate INCLUSION Program, Coordinator of the Black Studies Program, and Coordinator of the Diversity Fellowship Program. Debonair earned a Ph.D. in Literature and Criticism with a concentration in critical race theory and intersectional feminism from Indiana University of Pennsylvania, a master's in Master of Arts in Writing Studies from Saint Joseph's University, and a bachelor's degree in English from West Chester University. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM ORVG 360 GENERAL MANAGER CANDIDATE We're pleased to present Ali Brackett as our General Manager candidate for the GRC. Her below resume demonstrates her expertise in facility operations, which is driven by her 20 years of experience. Highly accomplished management professional with a broad based background in event planning, staff oversight, and driving cost savings initiatives. Capable of managing annual operations financial plans including operating and capital expenses. Possesses demonstrated experience directing multi day events with up to 2,200 people, catering for arena events, high end galas for 1,500 people with action stations and choregraphed dinner service, as well as small intimate multi -course affairs. Customer -focused leader with consultative style, keen client assessment aptitude, and strong presentation and negotiation skills. Strong ability to acquire, retain, and expand client relationships. Adaptable team player quickly establishes rapport and cultivates relationships with clients and team members. Articulate professional with superior interpersonal, verbal, and written communication skills. Recognized for a strong work ethic, integrity, and a high degree of personal initiative. C 0 N T A C T 0 515-418-2601 13 ali.brackett@oakviewgroup.com Imlinked in.com/in/a li-brackett- 1 a48971 / D U C A T 1 0 Bachelor of Arts, Journalism & Mass Communications DRAKE UNIVERSITY Festival Management Certification UNIVERSITY OF MINNESOTA Kulture City Training for Sensory Inclusive Venues S K I L L S Food & Beverage Events Customer Service Sales & Marketing Problem Resolution Scheduling Event Management Menu Development Forecasting & Budgets Policies & Procedures MS Office EBMS W 0 R K E X P E R I E N C E OVG360, Iowa Events Center, Des Moines, IA Assistant General Manager & Director of Catering 1 2015 — Present Employ focus, attention to detail, and reliability to oversee all pertinent aspects of food and beverage functions. Support daily operations by employing exemplary interpersonal communication skills to ensure high expectations are met. • Directly oversee 15 managers and supervisors and part time staff of 45. • Ensure all staff abide by department policies and handbook expectations. • Follow up on and resolve all HR issues within the department. • Review all banquet event orders for additional sales opportunities, streamline products, reduce inventory, and drive the success of the staff. • Manage payroll and hourly staff time and attendance. Director of Catering 1 2012 — 2015 Supported the creation of schedules for hourly staff members to manage budgeted labor percentages. Capitalized on strong interpersonal communication skills to relay daily duties and ensure top performance by staff. • Recruited and hired part time and management staff. • Created employee retention programs including an 'Employee of the Month' recognition program and customer service program. • Guided the Catering Sales Team that produced $7M in sales and operated in 350+ events per annum. • Sold $1.5M in food and beverage for various events held by the organization. Catering Sales Manager 1 2011 — 2012 Partnered up with clients and the Executive Chef for the development of menus. Proactively communicated with clients to achieve event objectives by balancing budget guidelines, and the operational needs of the food and beverage team including Catering Managers, Concessions Manager, Beverage Manager, and the Culinary Team. Coordinated successful catering events with the aid of the operational staff; event coordination included menu development, tasting, the creation of the event schedule, invoicing, and event recaps. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services RFP 4. PROFILE OF FIRM ' R 0 F E S S 1 0 N A L A F F I L I A T 1 0 N S Iowa Culinary Institute Advisory Board Member (2018 — 2022) Iowa Restaurant Association Foundation Board Member (2021 -Present) Iowa Restaurant Association 40 Women to Watch in the Hospitality Industry (2020) Iowa Events Center Diversity and Inclusion Committee Member Catering Sales Mgr.lHospitality Coordinator — IA Speedway 1 2009 — 2011 Assisted all hospitality clients, including sponsors, race teams, suite clients, and media. Actively upsold products to current clients in addition to selling the venue, food, and beverage to prospective clients. Planned and designed catering menus. Generated all banquet event orders and client invoices for internal and external purposes. Composed new policies and procedures to maintain the highest quality products while maintaining a standard of excellence. OVG360 — Sioux Falls Convention Center, Sioux Falls, SID Director of Sales& Marketing 1 2007 — 2009 Managed booking calendar to maximize revenues. Spearheaded all marketing initiatives, including the facility website, media relations, branding, and grass roots efforts. Merged the collective talents of sales, catering sales, and marketing managers to obtain company objectives and goals. Oversaw the weekly forecasting of revenue. Generated the annual report, as well as the sales and marketing plan. Executed sales blitz to introduce sales staff to past, present, and future clients of the convention center. Facilitated the creation and management of the annual operating budget. Sales Manager — Iowa Events Center 1 2005 — 2007 The Iowa Events Center is the largest convention facility in the state that includes Hy-Vee Hall, Community Choice Convention Center, and Wells Fargo Arena. Liaised between Sales, Marketing, and Event departments to ensure customer satisfaction and seamless transition for clients. Researched potential events to pinpoint new clients. Performed site tours to evaluate space needs and negotiated contracts. Documented all daily sales activities, including cold calls, proposals, email correspondence, contracts, and site visits. • Enhanced company brand by attending industry tradeshows to increase brand awareness among potential clients. • Worked in conjunction with Convention & Visitors Bureau on bookings and tours. HOYT SHERMAN PLACE, Des Moines, IA Marketing & Events Coordinator 1 2002 — 2005 Instituted all key functions during special events, including budget control measures and marketing tactics. Managed all facility events, including contacting customers, scheduling, contracts, insurance needs, food and beverage coordination, and invoicing and settlement. Strategically sold theater and meeting space to potential clients. Supervised box office operations and ticket sales. Collaborated with local, regional, and national promoters to deliver diverse programming to the Greater Des Moines community. H I G H P R 0 F I L E E V E N T S Fox News Debate NCAA Wrestling Tournament Championship NCAA Basketball Tournament — First and Second Round Iowa Caucus Presidential Visits, including President Trump's Victory Tour NASCAR Nationwide Series National Conventions — P.E.O. International and Lion's Club International @VG 360 OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM 4.C. DIVERSITY PLAN @VG 360 OVG believes in the power of a diverse community and the value in appreciating the lived experiences of everyone at all levels of the company no matter their race, gender identity, sexual orientation, religion, nationality, socioeconomic status, mental ability, or physical ability. We believe that actionable, long-lasting change is driven by intentional practices, which is why our focus is on building a diverse workforce, cultivating an inclusive workplace, and enhancing our marketplace so that it delivers culturally relevant products and services. WORKFORCE OVG Hospitality places a great emphasis on the diversity of our workplaces. For OVG, this practice starts at our corporate office, with our Talent Acquisition department, which implements policies and procedures, networks with appropriate organizations, and provides our on -site teams with necessary resources and contacts. We are committed to implementing programs that address systemic inequities and provide the support and tools necessary to create an equitable environment for all. We do so by providing ongoing support for the community through recruiting, training, and placement assistance as well as career enhancement and development opportunities to the underrepresented and disadvantaged populations. Such efforts will ultimately strengthen the communities in which we operate. We actively seek out and engage local recruitment organizations and outreach associations whose goals align with ours in extending employment opportunities to the underserved and disadvantaged members of the communities in which we operate. To facilitate achievement of diversity hiring goals, OVG implements job notification and referral procedures, including: • Online posting of job announcements on our hiring website to invite local residents to apply for positions • Distribution of notifications of employment opportunities to community organizations • Participation in local job fairs to recruit residents for open and upcoming positions (or hosting a job fair if demand is sufficient) • Compilation ofjob applications received from local residents and diverse applicants in a database that will be made available to OVG staff, subcontractors, vendors and service contractors to facilitate potential matching with job openings BUILDING A DIVERSE PIPELINE OVG is proud of our HBCU initiative, the goal of which is to increase the number of diverse applicants through all facets of OVG. We partner with historically Black colleges and universities in our respective regions to expose students to our industry and to provide them with experiential opportunities. APPROACH FOR THE GRAND RIVER CENTER For the GRC, we look forward to working closely with the Minority Business Council, Iowa Community College, the Collective Small Business Alliance, the Iowa Business Council, the Tri-State Black Business Expo, the University of Dubuque, Clark University, and Loras College to support the development and implementation of our plan, including hosting and participating at local hiring fairs. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM WORKPLACE OVG Hospitality recognizes that hiring is only one aspect of developing and maintaining an inclusive workplace. We place great emphasis on training and mentoring employees for future management positions. Building a diverse and inclusive company begins by fostering a culture that embraces and celebrates our team members' differences. At OVG, this culture is driven by our Diversity, Equity, and Inclusion (DE&I) Council. With dedicated corporate leadership, this Council extends throughout our operations through a regional "champion" structure. This ensures the council's efforts and initiatives remain relevant to our operation and are adopted and embraced across the organization. @VG 360 EMPLOYEE RESOURCE GROUPS Governed by our Diversity, Equity & Inclusion Council, we have resource groups available to our employees. An employee resource group, or ERG, is a voluntary, employee -led group that consists of individuals in the companyjoining together based on common interests, backgrounds, or demographic factors. It is a forum to meet like-minded people, raise awareness on key issues, and share our culture and values. ERGs create communities in the workplace based on shared characteristics or life experiences. They focus on building community, providing support, and contributing to personal and professional development. These groups often work together to move us forward as an organization to constantly strive to be better. — OAK VIEW GROUP - BLACK *AKS - NETWORK - Our newest ERG focuses on the unique needs of Block employees in the workforce including, employees, intems, vendors, and the communities we serve. @J'A M-G. PEW An inclusive community that seeks to increase LGBTO+ cultural awareness through mentorship, inclusion dialogues, and ollyship education. 161MCV111111 I I M I k 9 4 *Vt 101*114 role] k, N =11.111A 9 M Z P HISPANIC IS %0.0- An organization dedicated to providing the company's Hisponl . c and Latin employee community and allies with strategic partnerships, mentorship, and cross collaborations. OVG continues to build upon conversations about diversity, equity, and inclusion taking place throughout our community and as well as nationally by offering culturally -relevant, participatory, and action -oriented sessions and content. From our ERG -led programs, to our community conversation series, to ERG -led book clubs, to our must -read DE&I newsletters that celebrate every cultural heritage month, our ERG's continually provide compelling content for our team members. W^'ei.V,C"," 4�19 NETWORK Our oldest, and most established ERG, OWN is dedicated to the development, advancement, and support of women at OVG. They provide forums and networking opportunities, share best practices and much more! OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM MARKETPLACE OVG ensures that opportunities to conduct business with our managed properties are available to small and disadvantaged businesses in our communities (Disadvantaged Business Enterprises or "DBEs"). We conduct in-depth research to determine the availability of local resources that help us connect to small businesses, including those owned and operated by women, minorities, the disabled, and veterans LOCAL ECONOMIC INCLUSION POLICY We are committed to the goal of enhancing economic opportunities for minority -owned, women -owned, and other disadvantaged business enterprises throughout the operations of our venues. We have a company -wide commitment to diversity and inclusion, and as such, we establish and implement economic inclusion plans in each market where we operate. We adopt policies of enhanced economic opportunity with respect to our own contracting and purchasing, and we seek to convince all of our contractors, subcontractors, and vendors to abide by the spirit and intent of the policy. We are committed to a comprehensive program inclusion and development GOAL -SETTING PROCESS The old adage, "what gets measured gets done," certainly applies to supplier diversity and utilization. The centerpiece of our business contracting initiatives are the goal -setting process. Our approach is to develop an annual procurement forecast by com mod ities/se rvices, and to develop specific goals for all procurement categories that align with our clients' goals. INCORPORATING GOALS INTO PERFORMANCE EVALUATIONS The companion to goal -setting is accountability. We will incorporate the commodity/service- specific goals into the performance evaluations of our buyers, commodity managers, and key decision makers. *VG 360 BUYER AND KEY MANAGER TRAINING It is essential that all buyers and senior managers be trained on the importance of utilization and strategies for maximizing participation. We conduct briefings for all senior leaders to share the goals and objectives of our contracting initiatives and the role that they must play to ensure success. We also conduct more in-depth training sessions for facilities' employees with purchasing responsibilities to ensure that they understand the program, their role in making the program successful, and how to use the tools that support the program. COMPREHENSIVE OUTREACH PROGRAM OVG develops an "insider's" understanding of small and emerging businesses our markets. As a result, our outreach program will speak to the unique needs of our DBEs. Our outreach program will center on the following target groups: • Influencers • Stakeholders • Beneficiaries Each of these groups has a vested interest in the community, with particular interest in the success of DBE participation in our operated venues. DIVERSITY IN ACTION Locally in Waterloo, our team was thrilled to celebrate Executive Chef Lumarie Rodriguez-Soto's recognition as one of the Iowa Restaurant Association's 40 Women to Watch in the hospitality industry. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM 4.D. INCLUSION OF GRC STAFFING *VG 360 As demonstrated in our organizational chart, we are proposing director level positions across each key department for the GRC. These individuals will be thoroughly familiar with the management and operation of the facilities and associated issues and processes, and they could capably serve in an interim capacity as the manager of the GRC. Additionally, our corporate leadership, including regional oversight and support personnel, would provide resources to the operation during any sudden loss in managerial services. 4.E. FINANCIAL STATEMENTS In a separately enclosed flash drive, we have provided audited and certified financial statements for OVG360's last three years of operation. Please note that these documents are confidential and have been marked as such. 4.F. FACILITY MANAGEMENT EXPERIENCE OVG360 proudly manages 59 convention centers. At the end of this Section, we have provided a comprehensive list of these venues. Throughout this Response, we have provided details of our success on behalf of our clients in venues most similar to the Grand River Center. 45.1. QUANTIFIABLE SUCCESS In Section 5.A. Comporable Focilities, we have provided specific, quantifiable measures of success at other facilities managed by OVG360, including Waterloo Convention Center at Sullivan Brothers Plaza in Waterloo, IA; St. Charles Convention Center in St. Charles, IVIO; Terre Haute Convention Center in Terre Haute, IN; Durham Convention Center in Durham, NC; and Overland Park Convention Center in Overland Park, KS. 45.2. EXPERTISE GAINED FROM PAST MANAGEMENT As a leader in venue management with decades of operating experience, OVG360 brings immense expertise to the City of Dubuque as it pertains to the operation of the Grand River Center. Key areas of expertise that we will bring to the operation include the following: • Operating a convention center in a post-Covid world: Throughout the Covid-19 pandemic, our organization worked diligently with clients to continue operations in a safe way and with limited resources. We creatively developed com m unity-d riven events and worked to integrate technology into events that allowed for virtual participation. These tactics remain useful and effective in continued operations, even without restrictions in place. • Sustainability: OVG is a leader in public assembly facility sustainability. Later in this Response, we have provided information on our organization's approach to sustainability, which we would employ at the Grand River Center. Sustainable operations are an important aspect to operating venues in a cost-effective and community -focused manner. Security: OVG360 emphasizes the security of our venues and the safety and well-being of our patrons. Later in this Response, we have highlighted our approach to security as well as the experience brought forth by OVG entity Prevent Advisors, which recently attained SAFETY Act designation from the U.S. Department of Homeland Security. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM @VG 360 • Hospitality Advancements: OVG Hospitality is a At the Moody Center in Austin, TX, Toshibo self -checkout leader in in -venue food and beverage technology. kiosks increose per cops while reducing dependency on We are leading the way in developing automated port -time lobor. In fact, though utilizing only opproximotely markets featuring self -ordering and self -checkout two-thirds the employee populotion of a non -technology - capabilities. As your hospitality provider, we will driven venue, the Moody Center boosts on overoge bosket work to identify areas for improvement in the size of 2.6 items, compored to on overoge of 1.5 items ot Grand River Center's food and beverage operation, other OVG venues. including targeting areas for capital improvement & and locations to incorporate automated technology, such as self -checkout markets, which will resonate with event planners and patrons. • Focusing on Multi -Year Deals with Tenants: On behalf of our convention center clients, we always strive to secure multi -year deals with venue users. This helps to secure guaranteed revenue and allows us to build upon and expand the relationship over time. 4.G. OUR EXPERIENCE WITH PUBLIC ENTITIES OVG360 provides comprehensive management services to more than 230 facilities, including 59 convention centers, with the majority of our clients being public entities (cities, counties, states, etc.). Later in this Response in Section 5.A. Comporoble Focilities, we have provided information detailing our success on behalf of public entities similar to Dubuque with facilities comparable to the Grand River Center. 4.H. GENERAL INFORMATION Corporate headquarters: OVG360 is headquartered at 150 Rouse Blvd., Philadelphia, PA 19112. Age of the firm: OVG was created in 2015 to positively disrupt the sports and entertainment industry, leaving the industry better and stronger than where we found it. In early 2018, OVG brought on Silver Lake as an equity partner, which owns companies such as William Morris Endeavor, UFC, PBR, and many more. OVG's executive team is comprised of industry veterans that have made a career out of helping entrepreneurial and independent companies stand out from the competition. In November 2021, OVG completed its acquisition of Spectra (including the company's Venue Management, Food Services & Hospitality, and Partnerships divisions), which brought more than 20 years of proven operating history to the organization. This acquisition effectively blended the two most entrepreneurial and innovative companies in the sports, entertainment, and hospitality industry to redefine facility management and venue services. Information on the firm/firm history: Information on OVG360 and our history has been provided earlier in this Response in Section 4. Proflle of Firm. Annual revenues and number of employees: As requested, audited financial statements have been provided as part of this Response. Across our OVG360 venue management operations, we employ more than 2,900 full-time and 28,000 part-time employees. Area of Expertise and Experience as it relates to the RFP and success in performing similar operations management services: As demonstrated throughout this Response, OVG360 provides similar management services to more than 230 facilities, including 59 convention centers. Later in this Response in Section 5.A. Comporoble Focilities, we have provided detailed examples of our success in providing these services on behalf of clients similar to the City of Dubuque. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 4. PROFILE OF FIRM @VG 360 Office locations where supervision of management will be performed: OVG360's corporate office is based in Philadelphia, PA, and Oak View Group's corporate office is based in Los Angeles, CA. Support personnel at both locations will provide resources to our operation in Dubuque. Additionally, through our regional support system, the account will be overseen by District General Manager Carrie Jackson (based in Des Moines, IA) with support from Brenclon Wagner, OVG360 General Manager at the Waterloo Convention Center at Sullivan Brothers Plaza in Waterloo, IA. 4.1. FINANCIAL SUPPORT As demonstrated by our audited financial statements provided as part of this Response as well as our deep client portfolio, OVG has the capacity to enter into and to provide the services at the level anticipated in this RFP, or higher. There is nothing to disclose at the time of submission regarding any action with respect to a contemplated sale, act of receivership or reorganization of the proposer or any subsidiary that is, or has previously been, engaged in delivery of the services contemplated in this RFP. 4.1 GRC INTEGRATION OVG360 presently has the capacity to undertake the operations management services as requested by the RFP. We have a strong track record of transitioning similar account operations into our organization. As highlighted throughout this Response, we also have a strong corporate and regional team, including several operations in Iowa, to support the initial onboarding as well as the ongoing operation of the Grand River Center. 4.K. LABOR LAWS OVG360 acknowledges that it is our responsibility to ensure adherence to all applicable local, state and federal wage and labor laws and employment eligibility requirements. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP CITY VENUE SO. FT. EXHIBIT SPACE Atlantic City, NJ Atlantic City Convention Center 627,000 Bangor, ME Cross Insurance Center 25,427 Beaumont, TX Ford Exhibit Hall at Ford Park Entertainment Complex 48,000 Charleston, WV Charleston Coliseum & Convention Center 283,000 Chicago, IL Navy Pier 250,000 Cincinnati, OH Duke Energy Convention Center 700,000 Cleveland, OH I-X Center 861,000 Clovis, NM Clovis Civic Center 30,000 Corpus Christi, TX American Bank Center Convention Center 138,000 Dallas, TX Automobile Building at Dallas Fair Park 84,000 Dallas, TX Centennial Hall at Dallas Fair Park 90,000 Dallas, TX Creative Arts Building at Dallas Fair Park 17,000 Dallas, TX Embarcadero at Dallas Fair Park 27,000 Dallas, TX Food & Fiber Building at Dallas Fair Park 25,000 Dallas, TX Grand Place at Dallas Fair Park 50,000 Dallas, TX Kay Bailey Hutchison Convention Center Dallas 1,000,000 Dallas, TX Tower Building & Rotunda at Dallas Fair Park 40,000 Dallas, TX Women's Building at Dallas Fair Park 70,000 Des Moines, IA Community Choice Credit Union Convention Center at Iowa Events Center 223,875 Des Moines, IA Hy-Vee Hall at Iowa Events Center 223,098 Durham, NC Durham Convention Center 33,250 Enid, OK Stride Bank Center 13,220 Everett, WA Edward D. Hansen Conference Center at Angel of the Winds Arena 13,700 Fayetteville, NC Crown Expo Center & Ballroom at Crown Complex 69,200 Fort Smith, AR Fort Smith Convention Center 116,800 Fredericksburg, VA Fredericksburg Expo and Conference Center 120,000 Grand Forks, ND Alerus Center 160,000 Grand Junction, CO Grand Junction Convention Center 23,000 Greenville, SC Greenville Convention Center 300,000 Hamilton, ON, Canada FirstOntario Centre Exhibition Centre 117,000 Hartford, CT XL Center Exhibition Hall 68,800 Indiana, PA Kovalchick Complex, Indiana University of Pennsylvania 23,000 Jackson, MIS Jackson Convention Complex 330,000 Ke rrvi I I e, TX Hill Country Youth Event Center and Outdoor Arena 78,000 Lexington, KY Central Bank Center 200,000 Loveland, CO First National Bank Exhibition Building at The Ranch Events Complex 36,000 Lynnwood, WA Lynnwood Convention Center 34,000 Miami Beach, FL Miami Beach Convention Center 750,000 Moon, PA UPMC Event Center Meeting Space, Robert Morris University 5,000 Nampa, ID Nampa Civic Center 28,000 Nanaimo, BC, Canada Vancouver Island Conference Centre 38,000 Overland Park, KS Overland Park Convention Center 100,000 Owensboro, KY Owensboro Convention Center 60,000 Penticton, BC, Canada Penticton Trade & Convention Centre at SOEC Complex 60,000 Provo, UT Utah Valley Convention Center 47,000 Pueblo, CO Pueblo Convention Center 22,000 Richmond, VA Greater Richmond Convention Center 288,550 Robstown, TX Exhibition Center at Richard M. Borchard Regional Fairgrounds 178,077 Salina, KS Heritage Hall at Tony's Pizza Events Center 17,368 Santa Clara, CA Santa Clara Convention Center 302,000 Savannah, GA Savannah Civic Center 22,600 Shawnee, OK Heart of Oklahoma Exposition Center 152,400 Stateline, NV Tahoe South Events Center Conference Center 30,000 St. Charles, MO Saint Charles Convention Center 66,000 Tallahassee, FL Donald L. Tucker Civic Center, Florida State University 51,000 Terre Haute, IN Terre Haute Convention Center 41,824 Topeka,KS Exhibition Hall at Stormont Vail Events Center 74,500 Waterloo, IA Five Sullivan Brothers Convention Center 40,000 West Palm Beach, FL Palm Beach County Convention Center 148,000 TOTAL CONVENTION & CONFERENCE C"TE T; 59 J�OTA_L SO. FT. EXV,,IBIT �PACE: 9 8.9, r �s bran'l Ver Center Conference and Educ on Center Opera ions K anagem n rvic RFP A11M CURRENT AND FORMER MANAGEMENT CONTRACTS *VG 360 5. CURRENT AND FORMER MANAGEMENT CONTRACTS 5.A. COMP. FACILITIES WATERLOO CONVENTION CENTER AT SULLIVAN BROTHERS PLAZA 200 W 4TH ST, WATERLOO, IIA 50701 • Facility Overview: 100,000 sq. ft. convention center with 40,000 sq. ft. of meeting/event space • OVG360 Scope: Comprehensive management and food and beverage services • Quantifiable measures of success: — Despite the many challenges faced as the COVID-19 pandernic continued to evolve, construction delays, supply chain constraints, inflation, and labor availability, the Waterloo Convention Center staff pulled together to successfully meet our bottom line financial results promised to the City of Waterloo for each year of our operation. — Our sales team worked to secure long- term commitments for many clients, with highlights including annual contracts through 2026 for the Iowa Operators of Machines & Amusements State Dart Tournament and State Pool Tournament and annual contracts through 2028 for the Eastern Iowa Home Show. In total, our team secured 11 multi -year agreements that extend to 2023 and beyond. • Dates of management: 2020 - Present • Contract Administrator: Mayor Quentin Hart, 319-291-4301, mayor4waterloo-ia.org, 715 Mulberry St, Waterloo, IA 50703 ST. CHARLES CONVENTION CENTER, 1 CONVENTION CENTER PLAZA, ST CHARLES, MO 63303 • Facility Overview: 154,000 sq. ft. facility with 83,000 sq. ft. of flex space • OVG360 Scope: Comprehensive management and food and beverage services Quantifiable measures of success: Regulalry meet budget, saving our client more than $4M over our tenure; our F&B program has exceeded top -line revenue of $4M in top years; drove stronger per -event revenue through a more convention -focused event mix Dates of management: 2003 - Present Contract Administrator: Dan Krankeola, Director of Tourism, Greater Saint Charles Convention & Visitors Bureau/City of St. Charles, 636-946-7776, DKrankeolaCd discoverstcharles.com, 230 S. Main Street, St. Charles, MO 63301 OVERLAND PARK CONVENTION CENTER 6000 COLLEGE BLVD, OVERLAND PARK, KS 66211 - Facility Overview: 240,000 sq. ft. convention center with 98,500 sq. ft. of usable space OVG360 Scope: Comprehensive management services Quantifiable measures of success: — In 2022 & 2020, the venue was named Best Small Convention Center in North America by EXHIBITOR Magozine — In 2021, the venue was Named Best Customer Service in North America by EXHIBITOR Mogozine — In 2020, OPCC became the second convention center in the world to achieve GBAC Accreditation — In 2018, OPCC was selected as one of two pilot venues for the Exhibitions & Meetings Safety & Security Initiative (EMSSI) which was developed in conjunction with Department of Homeland Security Dates of management: 2000 - Present Contract Administrator: Kate Gunja, Assistant City Manager, City of Overland Park, 913.895.6110, kate.gunjaCdopkansas.org, 8500 Santa Fe Drive, Overland Park, KS 66212 OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP CURRENT AND FORMER MANAGEMENT CONTRACTS *VG 360 TERRE HAUTE CONVENTION CENTER 800 WABASH AVE, TERRE HAUTE, IN 4780 • Facility Overview: 43,000 sq. ft. convention center with 22,000 sq. ft. of meeting/event space • OVG360 Scope: Comprehensive management and food and beverage services • Quantifiable measures of success: OVG360 provided pre -opening services and oversaw the grand opening of the venue in April 2022. In this short time period, we already project our first 9 months of operation to produce $700K of gross revenue in nine months. In just over seven months of operation, we have held 97 events, and will end the year with an estimated 120 events. • Dates of management: 2020 - Present • Contract Administrator: Jon Marvel, CIB President, 812-208-0622,jrmarvel8414gmail com, 605 S. First St., Terre Haute, IN 47807 DURHAM CONVENTION CENTER 301 W MORGAN ST, DURHAM, NC 27701 • Facility Overview: 45,000 sq. ft. convention center with 35,000 sq. ft. of meeting/event space • OVG360 Scope: Comprehensive management and food and beverage services • Quantifiable measures of success: — When OVG360 assumed management from a hotelier, the city was funding a $1.4M loss per year. In our first year of operation, our team reduced their subsidy by 75%. After six years the venue was operationally in the black and profitable. — In total, our successful operations have saved venue ownership $12.5M over the last 11 years (including the three years affected by Covid). Dates of management: 2011 - Present Contract Administrator: Jina Probst, Director, General Services Department, 919-560-4197, jina.propstLddurhamnc.gov, 101 City Hall Plaza, Durham, NC 27701 5.13. FORMER FACILITIES In the past 10 years, relevant facilities (convention centers) for which our management contract was not renewed for reasons other than loss in a competitive process include the following: • Berglund Center, Roanoke, VA - At the end of our contract term, the client chose to operate the venue on an in-house basis • Roswell Convention Center, Roswell, NM - During the Covid-19 pandemic, our organizations mutually agreed to terminate this agreement as the use of the facility changed • Wichita Falls Multipurpose Events Center, Wichita Falls, TX - At the end of our contract term, the client chose to operate the venue on an in-house basis • Conference & Event Center Niagara Falls - Niagara Falls, NY - At the end of our contract term, the client chose to operate the venue on an in-house basis 5.C.-5.D. CONTRACTS NOT RENEWED Since we began doing business, we have never had a management contract terminated for cause. We have had some contracts that were discontinued for reasons unrelated to our performance. Below and on the following page are examples from the past five (5) years outlining occasions where a contract has not been renewed when renewing was an option. Note that through 2021, all former clients were that of Spectra Venue Management (acquired by OVG Facilities in 2021). 2018 - Muskogee Civic Center, Muskogee, OK Reason for Contract Loss: Mutually agreed upon transition to in-house management Contact: Mike Miller, City Manager, P.O. Box 1927, Muskogee, OK 74402, P: 918-684-62011 citymanagergmuskogeeonline.com OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP CURRENT AND FORMER MANAGEMENT CONTRACTS @VG 360 • Lowell Memorial Auditorium, Lowell, MA Reason for Contract Loss: Lost competitive bid. Contact: Eileen Donoghue, City Manager, 375 Merrimack St., Lowell, MA, 01852, P: 978-674- 4400 1 edonoghueLdlowellma.gov • Berglund Center, Roanoke, VA Reason for Contract Loss: Client took services in-house Contact: Sherman Stovall, Assistant City Manager for Operations, 215 Church Ave., Roanoke, VA 24011, P: 540-853-2333 1 sherman.stovallCdroanokeva.gov 2019 • Sandy Springs Performing Arts Center, Sandy Springs, GA Reason for Contract Loss: Mutually agreed upon transition to in-house management Contact: Jim Tolbert, Asst. City Manager, 1 Galambos Way, Sandy Springs, GA 30328, P: 770-730-5600 1 JtolbertCdsandyspringsga.gov • Las Cruces Convention Center, Las Cruces, NM Reason for Contract Loss: Lost competitive bid. Contact: Jennifer Bales, Exec. Director, Las Cruces CVB, 336 S. Main St., Las Cruces, NM 88001, P:575-541-2444 I jbalesCdlas-cruces. org The Railyard, Lincoln, NE Reason for Contract Loss: Mutually agreed upon transition to in-house management Contact: Brea Kniss, Assoc. Counsel, WRK Partners, 440 N 8th Street, Suite 140, Lincoln, NE 68508, P: 402-477-6767 1 breagwrkllc. com 2020 - Alaska Airlines Center, Anchorage, AK Reason for Contract Loss: Mutually agreed upon termination of contract Contact: Monica Kane, Interim Dir. of Bus. Services, 3211 Providence Drive, Anchorage, AK 99515 1 mekaneLdalaska.edu 1907-786- 1030 - Du Arena & Du Forum, Abu Dhabi, LIAE Reason for Contract Loss: Due to a change of use in the facilities, our management contract was not renewed at the end of its term. Contact: Alexis Dijksterhius, VP, Strat. Planning & New Bus, Flash Entertainment, Khalifa Park, Abu Dhabi, UAE 1 +97102 5098009 1 Alexis4thinkflash.ae 2021 • Roswell Convention Center, Roswell, NM Reason for Contract Loss: Mutually agreed upon termination of contract Contact: Joe Need, City Manager, City of Roswell, 575-637-6269 • Wichita Falls MPEC, Wichita Falls, TX Reason for Contract Loss: Client took the operation in-house Contact: Blake Jurecek, Asst. City Manager; 1300 7th Street, PO Box 1431, Wichita Falls, TX 76307; P: 940.761.7404; Blake.JurecekCd wichitafallstx.gov - Abbotsford Centre, Abbotsford, BC Reason for Contract Loss: NHL Canucks organization assumed management upon our contract expiration as part of their agreement with the City to bring their AHL team to the venue. Contact: Scott Hill, Manager, Rec Svcs.; 2499 McMillan Road, Abbotsford, BC V3G 1C4; P: 604-557-4401; shillCdabbotsford.ca - Conf. & Event Centre Niagara Falls/Old Falls Street, Niagara Falls, NY Reason for Contract Loss: Client took management in-house Contact: Anthony Vilardo, President, USA Niagara Corp., 222 1st St #7, Niagara Falls, NY 14303; P: 716-284-2556; anthony.vilardoLdess. ny.gov OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN *VG 360 &MANAGEMENT PLAN 6.A. MANAGEMENT PLAN 6.A.2.113. REPORTING INTO CORPORATE OFFICES/CITY 6.Al. MANAGEMENT PHILOSOPHY The OVG360 venue management philosophy is simple: our mission is to work as an agent for the City of Dubuque to execute your goals and objectives as they pertain to the Grand River Center. We will act as your partner but manage your venue as if it were our own. Our management approach has been described in detail throughout this Section. 6.A.2. MANAGEMENT STRUCTURE 6.A.2.A. EMPLOYEE/EMPLOYER RELATIONSHIPS OVG360's human resources team has an unwavering focus on hiring, nurturing, and retaining the industry's best employees for the venues we manage around the world. We work to create a diverse environment that's free from discrimination and harassment — an environment that fully reflects the rich individuality of the local communities we serve. OVG360's human resources team is responsible for the development and administration of human resources policies and programs throughout our organization. This includes employee benefits, compensation, employee relations, training and development, and labor relations. We designate and train a staff member at each venue we manage to serve as that location's HR point person, coordinating personnel record - keeping, and administering employee benefits, policies, and programs. In venues with large employee populations, we have an on -site HR manager to address day-to-day issues. Later in this section, we have provided a proposed organizational chart for the Grand River Center. OVG360 has a regional support system. Our on -site management team in Dubuque will report into Carrie Jackson, District General Manager based in Des Moines, IA, who reports into SVP Convention Centers, Joyce Leveston. Joyce is based in our corporate office in Philadelphia and interfaces with other corporate departments to secure the necessary resources and support for our on -site operations. Biographies on our regional and corporate support personnel have been provided earlier in this Response in Section 4. B. Key PersonneL 6.A.2.C-6.A.2.D. INTERACTING WITH AND REPORTING TO THE CITY Effective and timely communication with the Client cannot be overstated, and our General Manger will take the lead to ensure OVG360 is meeting the requirements of the City of Dubuque or its designated managing authority. While the reporting function is subject to continuous improvement, we recommend the following as a starting point for further discussion: - Written Weekly Reports/Updates to the Contract Administrator — Includes Executive Summary of notable activity — Sales Bookings — Customer Correspondence — Press Articles — Relevant Industry Related Articles Written Monthly Reports/Updates — Sales Bookings and Sales Activity — Events On -the -Books (by year) — Press Articles — PR Activity — Website Summary — Critical Issues — Financial Performance OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN — Communication Issues — Quality Issues — Department Recaps — Turnover — Successes — Survey results — Customer Comments Written Annual Reports/Updates — Messages from the General Manager, Mayor, Contract Administrator — Summary of prior year's accomplishments 6.A.3.-4. ORGANIZATIONAL CHARTS — Venue Overview — Staffing — Customer Service — Partners — Financial Performance — Market Segment Summary — Community Involvement — Client Testimonials — Signature Events — Future Outlook Below, we have provided our proposed organizational chart for the Grand River Center. 6.A.5. RESUMES Bios of key personnel have been provided earlier in this Response in Section 4.B. Key Personnel. 6.A.6. TRANSITING EMPLOYEES TO OVG360 *VG 360 As described later in this Response in Section 6.D. Tronsition Plon, OVG360 always looks to maximize our engagement with current employees working at facilities where we're transitioning to our management services (provided such personnel are mutually satisfactory to the parties), and we look forward to doing so at the GRC. When a potential client has concerns about staff transition, we work to find the best solution that works for them and their employees. In some instances, this has included having existing employees remain on the city's payroll and benefits with all new employees hired in as OVG360 employees. High-level summaries of our experience and success in transitioning venues to our management, including how we address potential challenges and our history of welcoming employees to our organization, are highlighted on the following page. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN *VG 360 CHARLESTON, WV (SEPT. 2020) AND FORT SMITH, AR (JAN. 2021) At the time of contract, our clients in Charleston, WV and Fort Smith, AR desired that all current employees remain on city payroll/benefit plans. In both instances, we were able to do so, with all new hires being employed by OVG360. Regardless of payroll/benefits enrollment, all employees at these accounts report to OVG360. AMERICAN BANK CENTER, CORPUS CHRISTI, TX (JULY 2022) In early Q2 of 2022 the City of Corpus Christi made the decision to transition management of American Bank Center from ASM Global to OVG for venue management, hospitality, and partnership services effective July 1, 2022. Upon this announcement, several members of OVG's leadership team were in market to discuss the entire transition process with FT and PT staff and to provide them comfort regarding the impending process. OVG's strategic approach to management of this complex included re- structuring a few departments and hiring new roles while supporting all of the current staff, all of whom were retained. After a proactive onboarding of several hundred FT and PT staff, all employees were fully transitioned onto OVG's payroll and had benefits on day one of management 6.B.MARKETING PLAN 6.13.1. MARKETING APPROACH CORPORATE SUPPORT AND SERVICES OVG360 provides an unmatched level of sales and marketing support, thanks to ongoing dialogue, idea sharing, and information exchange among our corporate marketing executives, regional marketing directors, regional interactive marketing directors, and on -site marketing directors. Our teams of marketing professionals stay on top of the latest marketing trends, build strategic relationships with key industry and local organizations, and share best practices and resources. We also provide a variety of sales and marketing services that include: • In-house advertising • Event marketing and promotional services • Design ideas and support of venue marketing collateral • Event marketing calls (launch of new tours, brainstorming, and idea sharing, etc.) • Public, media, and community relations services — PR support through VenuesNow and Pollstor, spotlighting success stories, direct pitches to decision makers, employee high I ig hts/awards, etc. • Professional support for venue website design, development, maintenance, and search engine optimization • Digital Advertising: social, digital display, geo-targeting, and retargeting • Database marketing: drip campaigns, remarketing • Graphic design services • Corporate sponsorship sales • Development of communications plan • Event creation guidance • Shared resources: Knowland OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN BRANDING Short -Term Goal: Meet with the City and Travel Dubuque to understand the brand positioning and strategy and how we can help energize and amplify the brand moving forward. Long -Term Goal: Continue to collaborate with the City and Travel Dubuque to provide consistent brand messaging to meeting planners. Tactics: — Identify content needs for the short- and long-term marketing and communications plan — Align with the core strategic partners of the City on the primary mission of the communications strategy and tactical efforts — Trade show presence (sponsor unique opportunities, create engaging activations, lead round tables, etc.) — Creative sales blitzes, targeting meeting planners and influencers — Direct mail campaigns — Charity initiatives — Host networking events and exclusive opportunities with key influencers in Dubuque to expand our connections and relationships WEBSITE Web -based marketing is the most cost-effective, targeted, flexible, and useful medium for growing all segments of a business. The most reliable websites are those that are simple, easily navigated, and informative for potential exhibitors, planners, and attendees. • Short -Term Goal: Perform a content audit and analyze website data to increase SEO and generate revenue. • Long -Term Goal: Drive bookings, increase revenue, and inform all audiences regarding the Grand River Center and Dubuque as a destination. • Strategy: Provide educational information and engaging content to increase lead generation among meeting planners, increase revenue among exhibitors, and increase attendance at consumer shows. @VG 360 - Tactics — Enhance planner content to create increased productivity in the research stage of the lifecycle — Update the exhibitor online ordering experience with services offered by GRC — Provide direct links to social media outlets for continued communication and to maximize followers — Offer advertising opportunities for clients, events, and local outlets — Enhance the GRC perception and encourage new bookings through testimonials from customers — Use video content to drive engagement, (e.g., time lapse of trade show move -ins, food preparation, and visual tastings) Continue providing meeting planners with communications, sales, and service tools to address their needs at all stages of the meeting planner experience — Create optimal online experiences to increase the amount of highly -qualified meeting planner leads to allow for increased virtual and in -person sales opportunities — Offer more robust and exact information desired by meeting planners in all stages of the lifecycle — Enhance self -structured meeting planner knowledge base to create increased planner productivity in the "research" stage of the lifecycle — Create a sales lead report utilizing Google Analytics — Use tracking and analytics to further drive sales and lead to increased RIFPs and bookings — Partner with Destination Advantage and implement SwiftRFP system SOCIAL MEDIA As part of the overall content strategy, OVG360 will use social media platforms to promote GRC, Dubuque, and client events. Current platforms include Facebook, Twitter, Linkedln and Instagram. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN • Short -Term Goal: Evaluate current use of platforms and create a social media plan and content calendar to improve engagement amongst meeting planners and consumers. • Long -Term Goal: Increase the relevance of GRC amongst target markets through engaging content and influencers that drive traffic to the GRC website, to create lead generation and to promote client events. • Strategy: Provide educational information and resources via social channels in order to stay connected and top -of -mind with meeting planners and consumers. • Tactics — Develop rich content tailored to meeting planners/show organizers, exhibitors, attendees, and the residents of Dubuque to drive site traffic and engagement — Actively engage with the online community, promote the facility, the events, and building projects, and become an influencer in the industry — Utilize the social platforms as a PR tactic and post across relevant social channels, including LinkedIn and Twitter — Begin to drive quality leads by targeting meeting and convention planners with relevant messaging and awareness advertisements on LinkedIn — Connect with Influencers to launch direct sponsored content on LinkedIn and promote the content to relevant individuals ADVERTISING OVG360 will look to develop a media plan that integrates a mix of digital and traditional advertising efforts to sell GRC and Dubuque. - Short -Term Goal: Create a media strategy that helps to promote and sell Dubuque and GRC. • Long -Term Goal: Drive traffic, using clata- driven marketing, to the GRC website, generating leads, and promoting client events. • Strategy: Develop compelling, organic, and authentic creative content that is unique to platforms; leverage multi -channel attribute tracking to target prospective planners. @VG 360 Digital Tactics — Develop branded copy for search, display, and ad efforts across digital platforms. — Leverage Google Ads, social media ads, and industry related outlets to capture meeting planners who are conducting research — Target attendees of relevant industry trade shows through geofencing and mobile display ads — Create digital campaigns that allow for increased trackability and ROI — Align with partners to maximize resources and exposure — Share media plans with the City and partners to amplify and activate GRC and destination messaging with complementary placements by partner organizations Traditional Tactics — Leverage traditional advertising opportunities — Leverage any co-ops through OVG360 corporate or the City to maximize resources and secure best pricing — Work with partners to avoid duplication of efforts while remaining selective with traditional advertising mediums — Collaborate with the City, Travel Dubque, hotels, and other area partners to develop creative content that features GRC Share media plans with the City and area partners to amplify and activate GRC messaging with complementary placements by partner organizations COMMUNICATIONS PLAN & PUBLIC RELATIONS OVG360 always looks for opportunities to garner positive PR through facility news and events. Oversight by OVG360's corporate support team is ongoing with on -site crisis management available as -needed, along with access to a team of highly successful and capable marketers at their fingertips. - Short -Term Goal: Launch a local campaign built around the GRC. - Long -Term Goal: Increase the relevance of GRC and Dubuque amongst target OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN publications while developing a constant flow of positive news stories. Strategy: Generate a consistent stream of digital and print coverage within the local community, meetings, and conventions media space. - Tactics: — Create an editorial calendar that supports key strategic messages for GRC including destination, venue upgrades, technology enhancements, green initiatives, staff updates, etc. — Ensure that press releases on the website are current and accurate — Develop advertorials upon request for key meetings'tracle magazines, to be used to leverage additional publicity from advertising or accomplishments — Make personal pitches to local media for larger conventions due to economic impact — Create and maintain relationships with local and trade publications over social media — Evaluate efforts through a media monitoring service — Create an internal community involvement committee that identifies opportunities to give back to Dubuque — Host networking events and exclusive opportunities with key influencers in Dubuque to expand our connections and relationships OVG360'S CONVENTION CENTER INDUSTRY NETWORK OVG360 has proven itself as a leader in the convention and exhibition industry through our extensive employee network of industry professionals. Having access to these industry leaders allows for increased awareness and additional opportunities, ultimately creating a considerable marketing advantage. *VG 360 LEADERSHIP OVG360 encourages our employees to become extremely active with various industry associations, such as the International Association of Venue Managers (IAVM), the American Society of Association Executives (ASAE), the Professional Convention Management Association (PCMA), the International Association for Exhibitions and Events (IAEE), Meeting Professionals International (MPI), the Center for Exhibition Industry Research (CEIR), Exhibition Services and Contractors Association (ESCA), Trade Show Exhibitors Association (TSEA), the Convention Industry Council (CIC), and others. Activity includes: • Corporate leadership on association boards, committees, panels, and task forces • Corporate support/sponsorship of events industry -wide functions • Select participation in major and regional industry events • Local staff speaking at/participating on panels and events WORKING WITH LOCAL ENTITIES Oak View Group places a strong emphasis on our collaboration with local and regional organizations, like the Dubuque Chamber of Commerce and Greater Dubuque Development Corporation. We also focus our efforts on working with the local arts, museums, and attractions as part of our overall marketing strategies for cross -col I a bo ration on campaigns, creating exclusive experiences for their guests, stay - and -play packages, and overall branding. Our team understands that the ability to create a successful destination package where meeting planners/organizers and attendees want to come is half the battle in winning a bid and booking an event. It is imperative that the experience for the planner appears as seamless as possible and that the guest experience at the hotel, as well as throughout their stay, is exciting, engaging, rewarding, and successful. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 Our goal is to create complementary experiences and events that would occur simultaneously, allowing guests to explore all of Eastern Iowa and gather to enjoy entertainment, shopping, and the food and beverage experience. Below is a short list of the partnerships we will create to expand our reach and engage new guests: • Travel Dubuque • Five Flags Center • Q Casino • Dubuque Main Street • Dubuque Area Chamber of Commerce • Greater Dubuque Development Corporation • The National Mississippi River Museum and Aquarium • The Field of Dreams Movie Site • Grand Harbor Resort and Waterpark • Dubuque Farmers' Market • Dubuque Arboretum & Botanical Gardens • Historic Millwork District • 7 Hills Brewing Company Additionally, we would align with area stakeholders like local entertainment destinations, breweries, and restaurants to create events and experiences that bring people to the area. The goal would be to get people to experience all that Dubuque has to offer, Stay & Play, and extend attenclees'visit to Eastern Iowa. Working with area partners, we would create experiences and events that would occur simultaneously around Convention Center events, allowing guests to explore Eastern Iowa and enjoy live entertainment, consumer goods, and the ultimate food and beverage experience. Also, OVG360 would create a series of events to fill the dark days at the GRC. We have an array of expertise in producing self - promoted events to fill dark days. Examples of our self/co-promoted events are provided below: • Iowa's Premier Beer, Wine & Food Expo — Iowa Event Center • Sip & Shop Experience — Fredericksburg Expo Center • Holiday Craft Show — Fredericksburg Expo Center • Pet Palooza - Fredericksburg Expo Center • FXBG Boat Show - Fredericksburg Expo • Easter Bunny Brunch — Grand Junction Convention Center • Sunset Terrance at the Avalon — The Avalon Theatre (featuring local bands weekly in the summers) • Grand Junction Convention Center Holiday Craft Show — Grand Junction Convention Center • Explore the Outdoors Expo — Grand Junction Convention Center • Oktoberfest Amped — Amphitheater at Las Colonias Park • Winter Bazaar — Kovalchick Complex • Spring Market Place Fair — Kovalchick Complex • Springtober Fest Fair — Kovalchick Complex • Kraftucky Arts & Craft Expo — Owensboro Convention Center On the following page, we have provided a letter of support from local entity Dubuque Fighting Saints. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 OttoMR --- FIGHTI G EZNTS November 14, 2022 To Whom It May Concern: I am pleased to be writing in support of OVG360's proposal in response to the City of Dubuque's open request for proposal for the management and operations of the Grand River Conference and Education Center. The Dubuque Fighting Saints have a great relationship with many of the OVG executives and further, Oak View Group Chairman, Peter Luukko, is a partner in our ownership group, Northern Lights Hockey, LLC. Knowing OVG360'S innovative aggressive and entrepreneurial approach to business and their already established connection to our community, we highly recommend working with OVG360. OVG is reshaping the hospitality and entertainment landscape and we are confident they will be a great partner for the City of Dubuque to further drive the much -needed economic impact to our community. The Fighting Saints and OVG already have a strong collaborative connection and we feel that OVG managing the Grand River Convention Center would provide yet another positive touch point for our community. I am happy to recommend OVG360 to any city, most importantly, to the City of Dubuque as it continues to strive to achieve the highest quality of standards and experience in all its venues. Sincerely, Brad Kwong Managing Partner Northern Lights Hockey 1800 Admiral Sheehy Dr, & Dubuque, IA 52001 9 563.583.6880 9 DubuqueFightingSaints.com OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN 6.13.2. RELATIONSHIP WITH PLANNERS *VG 360 OVG360 takes pride in our partnerships with meeting planners and show organizers. With our reach and scope of experience, we have relationships with meeting planners at every level. From international to state and regional to local, our team cultivates and shares these relationships across all OVG360 channels. If chosen, these relationships would be open to GRC. One way to connect our venues and relationships throughout the company is through our GPS (Global Prospecting System). Our GPS is a robust database warehouse that consolidates all meeting planners and their events in one centralized location showing real-time data. OVG360 has partnered with the industry leader, Ungerboeck Systems International, to create this database, which provides a uniform operating system amongst OVG360-managed venues. • Allows for solicitation and lead sharing • Allows for real-time financial history and meeting space needs • Allows the executive team to see what clients are doing business across all OVG360 venues, thus establishing the value of the business and what that Client brings to OVG360 • Allows for executive dashboards utilizing KPIs to benchmark buildings against goals • Allows the executive team to see real-time forecasted revenues versus actualized revenues by OVG360 venue on a monthly/yearly basis UNGERBOECK EBMS OVG360's convention center division exclusively uses Ungerboeck EBMS and has developed new innovative ways to utilize this software. By working with Ungerboeck leadership and their developers, we have shaped an OVG360 platform that supports our approach to sales and marketing. This CRM platform allows us to optimize the calendar, streamline our processes, and generate company -wide reports and data sharing. EBMS creates a single access point for staff The system controls all operational aspects of the venues from sales prospecting through event booking, event planning, execution of the event, to final invoice. Each department will have access to the software and will utilize the system as its single source of data pertaining to events. Some important features of EBMS include: • CVB Access: EBMS is a totally seamless, integrated software package designed to allow CVBs access to information, such as the booking calendar and the Customer Relationship Management (CRM) component, making it easy to share information. • Negotiated Bulk Pricing Discount: OVG360's relationship and bulk purchasing of the software has allowed us to negotiate a discounted price for a premium booking system, making it very affordable to OVG360-managed venues. APEX Commitment: EBMS is a result of working with key software providers in the hospitality industry (building associations, general service contractors, CVBs, hotels) as part of the Events Industry Council's (EIC) Accepted Practices Exchange (APEX) program to make sure that all participating systems can talk to one another and can share event data seamlessly. Historical Analysis: The reporting mechanism within EBMS provides information in a uniform manner that will allow for benchmarking data. These reports allow us, as the operator, to view the operation in a data -driven manner and ensure we are running efficiently and effectively. Some of the most commonly utilized reports include: — Booking Pace — a benchmarking report necessary for successful yield management — Utilization — identifies user trends, peak and off-peak time frames used to create flexible pricing, and sales strategies OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 — Lead Sources — tracks origin of new and repeat business, allowing us to recognize what is effective and what should be modified — Lost Business — shows the reason we lost a piece of business and the value of that piece of business (hotel rooms and revenue); essential to effective yield management — Event Mix — analysis of event types using the venue, which helps in strategic booking efforts and aligns our focus as needed OVG360 CORPORATE MARKETING & TRADE SHOW OPPORTUNITIES GRC will be included in all of OVG360's efforts to bring meeting planners to our venues. The OVG360 National Marketing Plan ("NMP") is supported by our corporate office and driven by our Convention Center team. The NMP drives opportunities to enhance the presence of each venue through industry publications, our GPS database, and participation in some of the industry's top conventions and conferences. Current efforts include: • Negotiate rates with industry publications and offer each convention center exposure in these publications at heavily discounted rates. Planned for the coming year are co-ops in publications such as Trade Show Executive, EXPO Magazine, Small Market Meetings, Facilities & Destinations Magazine, Convene, and more. • Additionally, digital efforts are planned to help drive lead generation. Digital allows us to track ROI and gather data on current prospects. • Create and distribute content to meeting planners and potential and existing clients of all OVG360- managed centers. These efforts help fill the funnel and drive traffic to our venues. • Determine which national shows are beneficial to attend, and coordinate attendance and marketing at these shows. Participation in the current year includes IAEE's EXPO! EXPO!, IMEX Americas, SISO, and PCMA Convening Leaders Annual Meeting. • Trade show Exposure, representation, and event leads from TEAMS Expo. Recently our convention center team met with and cultivated 50+ leads from TEAMS that were shared with all OVG360 venues. 6.B.3 OUR APPROACH TO EVENTS DEVELOPING OUR GRC MARKETING APPROACH Serving as a vital economic generator for the region, OVG360's approach will be to strike a balance and work to create an event mix for GRC that maximizes revenue while focusing on providing attendees with a unique experience. By striking this balance, OVG360 will provide world -class service that will be unique to the GRC. Once the event mix has been identified, the approach to balancing the calendar of events for a facility like the GRC that can accommodate so many event types is to work with local community stakeholders and suppliers to develop target lists and key account strategies that clearly and firmly outline the value proposition for why the best host facility for them to partner with is GRC. Once the sales effort has converted the booking, in order to maximize length of stay/visit, OVG360 will focus on: • Generating awareness of the events and demographics of attendees to GRC • Generating awareness of upcoming events to the Dubuque community through communication, social media, and public relations • Generating sponsorship and revenue opportunities wherever possible • Providing and measuring OVG360 quality products and services and customer service to ensure meeting planners, event attendees, and media have positive experiences OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN Our sales focus will be to work closely with the City of Dubuque and Travel Dubuque to book new business not currently coming to the Grand River Center and to maintain relationships with current clients. This will be accomplished not only through our aggressive pursuit of new events, but also through establishing strategic work groups with our partners to qualify the right business, establish superior customer service, and provide exceptional guest experiences. @VG 360 Our staff will integrate our OVG360 sales and marketing efforts with those of the GRC—prospecting, issuing proposals, and closing on first -priority business, which we define as conventions, conferences, and trade shows (guest room -night -generating business). The GRC and the OVG360 events sales teams will work as one to develop leads that will have a significant impact on the hotel community. Conventions and trade shows are our first priority, and our strategy will leverage the strength of the Dubuque market and the unique attributes of GRC to book the right pieces of business at the right time in order to maximize the economic benefits of overnight visitation. While opportunities to book business of this size may occur at any time, the sales process usually precedes the event by one to four years. On an ongoing basis, we will work with the City to target and secure "high impact" business for the GRC and area hotels, and this partnership will bring a tremendous benefit to the community. SALES STAFF DEPLOYMENT To ensure we are maximizing relationships and resulting sales within key segments, OVG360's sales force will be aligned with the City and Travel Dubuque and their sales staff's market segments. We will also place a strong emphasis on marketing, branding, and reach within the department. SALES AND MARKETING ACTIVITIES OVG360 is prepared to develop a comprehensive plan to drive business to the City of Dubuque. We will work to collaborate with partners of the GRC to maximize activations and to expand efforts on a regional, state, and national basis to include sales blitzes, customer engagement opportunities, and campaigns. GRC MARKET POSITION Calendar years 2020 and 2021 have been unprecedented years for the convention, meetings, and events industry. The impact of 2020 will be felt for years to come, as this disruption has allowed for convention centers to reposition how they are viewed by meeting planners and event organizers. Destinations face perception issues, and GRC and Dubuque are not immune to negative perceptions. As part of our customized and fully integrated GRC sales and marketing approach, we will focus on the ability to drive attendance, regional accessibility, and the overall destination experience to take advantage of and capitalize on shifting marketplace perceptions. Our goal is to build a collaborative, targeted client acquisition strategy focused on clients who have previously said "No." FOCUS GROUPS We believe that there is a wealth of underutilized resources for GRC within the Dubuque area. As your manager, with our many years of experience working with area planners, we will arrange priority focus groups within key market segments, beginning with the largest association and corporate markets. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 Conducting professionally -organized focus groups with existing customers will jump start the process of identifying areas of concern and opportunities for future success. Strategies of these focus groups will be as follows: 1) Target established OVG360 contacts who represent groups that comprise ideal business for the GRC. 2) Establish mission and agenda for this group to provide input toward establishing future best practices for the GRC. 3) Based on results, address any areas of opportunity or concern and follow up with group main contacts. EVENT MIX The GRC serves as a major economic engine for the City of Dubuque. We define the event mix into the following categories: - Conventions • Sporting Events • Special Events • Trade shows • Consumer Shows • Banquets • Meetings Profitability and economic impact for the City will be greatest with larger, multi -day convention bookings. They tend to work for the GRC to book these several years in advance of arrival because the selection process is complicated, and many factors beyond price are critical to the decision. TRACKING SALES ACTIVITY TO THE DESIRED EVENT MIX Sales activity will be documented through a variety of standard measurement systems. Our plan includes developing accounts that focus on the 18-month booking window, while supporting the efforts of the GRC to secure accounts outside the 18-month booking window. The DOS will have a standing daily meeting (Daily Business Review), during which sales reps will review their potential sales accounts and decisions are made based on yield management strategies. Each piece of business is evaluated by the team, and decisions are made based on value, appropriateness, and long-range impact, among other factors. All actions are tracked through EBMS, which results in a qualitative and quantitative review of "look back" and "look forward" activities for insights on our decision -making processes. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN ORVG 360 OVERVIEW P Target markets for conventions are National, Regional, and State Associations. The objective is to host the organization's annual or premier convention. Association markets' annual conventions typically book beyond the 18-month booking window and can book as far as five (5) or more years into the future, depending on size. The strategy for GRC will be to book larger association business further out to build a strong base of business occupying dates on the calendar. For -profit trade shows are typically hosted over a shorter duration of days and are mid -week in nature, allowing them to fit well into the overall yield strategy. Trade shows typically book 18-36 months out. These events offer a significant economic impact for the Dubuque region, room nights for hotels, revenue for GRC including through audio visual, internet (WiFi), and catering. SMERF (Social, Military, Educational, Religious and Fraternal) business will be a focus as well to book these organizations for off peak time. • Audit Booking Calendar to identify space and date opportunities • Partner with hotels and Travel Dubuque, build a collective client target list to fill open dates • Target consumer events • Partner with food and beverage provider to drive premium catered events into available dates • Integrate sales and marketing messaging • Use data analytics as part of the group retargeting strategy • Review the profitability of each annual convention and trade show to determine the best fit - Partner with local hotels and Travel Dubuque to drive city-wide impact - Build target list of accounts in collaboration with Travel Dubuque • Target premier Conventions, Meetings and Trade shows • Maintain and confirm a defined number of annual long-term bookings of conventions and trade shows OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 STRATEGIES & TACTICS • Identify "right fit" conventions and trade shows that can be accommodated in a hotel package • Work closely with Travel Dubuque to promote and expand our relationships with annual users and assist with all contractual needs • Maintain relationships for endorsements, testimonials, and promotional opportunities • Drive attendance through website, social media, and sponsorship opportunities • Travel to industry trade shows to promote the GRC • Use Knowland's digital platform Reader Board Services to prospect for groups meeting this profile currently meeting in our competitive set • Complete event research through industry organizations, publications, and databases • Host familiarization tours (FAM) for potential clients to showcase the GRC, our hotels, attractions, dining, and unique shopping opportunities • Host exclusive, tailored site visits for high targeted pieces of business • Work with stakeholders and partners of Travel Dubuque by participating in sales missions • Direct sales calls on regional and state associations as well as a focus on the Social, Military, Educational, Religious, Agricultural, Fraternal, Automotive, and Tech convention and meeting segments • Tap into our Chamber of Commerce relationships around the U.S. to sell Dubuque and the GRC • Incentivize existing conventions to place the GRC in the rotation pattern and encourage multi -year contracts through freezing rates and offering preferred dates • In collaboration with the City and Travel Dubuque, identify and attend trade shows such as IMEX, IAEE, ASAE, ISAE, SISO, Helms Briscoe, and Cvent, with a particular focus on state chapters • Participate in industry meetings such as MPI, the Heartland chapter of MPI, ASAE, and the Heartland chapter of PCMA, cultivate relationships, host events, and build awareness of the GRC as an affordable and easy place to do business • Work with the in-house food team to create a "room service" type menu for delivery of fresh items to show exhibitors • Work with the in-house food team provider to create a variety of custom menu items, allowing our planners a greater choice in menu planning OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN ORVG 360 OVERVIEW Meetings can be local, regional, national, or international, and they tend to be booked with shorter lead times than conventions and trade shows. They sometimes require the same type/size spaces as SMERF events, but typically require less, making them great filler business. In addition, meetings require very high quality food and beverage services, sophisticated audio-visual services, and high -quality hotel rooms. The corporate meetings market is extremely strong across the country, and the Dubuque region offers a significant number of opportunities to expand the current meetings market base of business. Corporate meetings typically book inside 14 months. EVENT & ATTENDEE PROFILE - More focused on the educational value of event • May not have large exhibit hall needs, but more breakouts are necessary • Maintain a balanced program across meeting space, typically with significant food and beverage, audio- visual, and internet needs • Offers a requirement for certification purposes for attendees • May be a mix of attendees flying in versus driving in • Good short-term bookings from corporate, Dubuque -based businesses • Fewer room nights required Identify businesses already doing business in the area STRATEGIES & TACTICS I - Fill space in the GRC with meetings that typically book inside a 18-month window and layer multiple meetings into the GRC as space and demand allows • Focus on corporations that conduct meetings to further their business goals • Develop and maintain strong local presence at MPI and PCMA chapter events to meet planners • Establish a strong local presence at networking events • Gather referrals from existing clients • Use customer events to introduce our product to new clients • Establish strong, positive business relationships within the corporate community • Identify local corporations that potentially have the most positive impact on our short-term business • Partner with hotels to use National Sales Office (NSO's) contacts to drive business into hotels • Attend Iowa Society of Association Executives events OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 OVERVIEW Consumer trade show organizers who own regional trade shows, such as Marketplace Events, support an effective yield management strategy and the ability to drive revenue and activity to the GRC in-between conventions and trade shows. These ticketed events, which can yield high attendance, are one of the most under -producing markets for GRC. OVG360, having had great success in other markets, will identify key targets and is the best management firm to deliver bookings in this area of opportunity. Typically, these groups book inside of 18 months and work on a flexible schedule, often helping to boost occupancy and attendance when otherwise vacant. Typically contracted 12-18 months out, this business brings much needed event activity to the venue and can provide significant incremental revenue to the Center. Consumer shows are required to be booked inside of 0-18 months and should be a secondary target behind conventions and trade shows. The GRC will capitalize on license fee, service, and concession revenue. Depending on the show, there is a measurable economic impact for the city and the surrounding businesses. There is also a high economic impact for Dubuque -area businesses participating as vendors, through the flow through of selling products and services to area consumers — Potential for attend ee/vis itor hotel room usage — Some consumer trade shows have capability to attract a high number of out-of-town exhibitors/ vendors, which utilize rooms, dining, and entertainment options — Draw into downtown Dubuque from attendees outside the City, typically flowing into area businesses and restaurants before and after the show. - Review profitability of current consumer shows and determine the ideal fit STRATEGIES & TACTICS Identify any calendar gaps or layering for new show development while focusing attention on renewal and protection of current, strong shows • Strengthen relationships and create a deeper understanding of consumer show producer/promoter variables influencing date flexibility related to their show. • Work with the sales staff at the GRC to efficiently maximize space by booking "right fit" shows • Evaluate standard operating procedures for move -in and move -out days in an effort to maximize event scheduling • Utilize OVG360's GPS database and relationships to add shows • Increase emphasis of in-house ad program to generate additional revenue for show organizers and the GRC OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN ORVG 360 11141111111p- - - I - _r OVERVIEW Sports event organizers who produce National, Regional, and State Competitions, such as the National Collegiate Athletic Association (NCAA), Amateur Athletic Union (AAU), and Varsity Events, have business models that rely on large, high -volume team engagement, and tournaments that can support an effective yield management strategy by adding revenue and activity to the GRC in-between conventions and trade shows. Sporting competitions and events are typically contracted 18 to 24 months out. This business brings much needed event activity to the campus and can provide significant incremental revenue to the GRC. Sporting Events & Competitions should be a secondary target behind conventions and trade shows. • GRC will capitalize on license fee, staging rental, service, and concession revenue. • Depending on the show, there is a high economic impact for Dubuque -area businesses. — Potential for participant/team hotel rooms — Sporting events may draw a high number of out-of-town teams, which utilize rooms, dining and entertainment options Review PrOTITIMIlty Urcurrent sporting events and determine the ideal fit STRATEGIES & TACTICS HeneVTrUrreT=oWS lin strolly performance Identify calendar gaps for new sporting event development • Evaluate existing operating procedures for Sporting Events currently utilizing the GRC to streamline move-in/move-outs or add event days to maximize event scheduling and revenue potential • Target available dates at GRC to add Sporting Events and Competitions working around Priority 1 events • Utilize OVG360's GPS database and relationships to add Sporting Competitions & Events • Work with Travel Dubuque to strengthen Dubuque's position for high profile sports competitions • Utilize relationship with Sports Events Tourism Association (Sports ETA) • Develop relationships and creative direct sales initiatives with Varsity Spirit, Groove Dance, Spotlight Dance, Association of Dance Competitions & Conventions (The ADCC), and other cheer and dance organizations • Attend and exhibit at Sports Travel's TEAMS Conference and Expo • Target wrestling, dance, and gymnastics tournaments, and non-traditional sports markets, such as billiards, pickleball, esports, juggling, dodge ball, rock climbing, and darts OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN ORVG 360 TARGET AUDIENCE The Ballroom will be a focus for engaging both the non-profit and corporate community to host these events and increase the Ballroom's occupancy. SOCIAL EVENTS PROFILE • Typically single -day events • Positive public relations and communications from high -end society events and exposure can lead to additional events and bookings • Can be used to fill in between larger, multi -day conventions • Can provide significant food and beverage revenue - Develop a target and action list of galas that currently exist in the market; identify potential - Increase capitalization of short-term business with a focus on banquets, social events, and subsequently the occupancy of the Ballroom STRATEGIES & TACTICS • Maintain relationships with current clients and target new galas in the local/regional market that are looking to increase attendance. • Use local publications and other local lists and galas to identify galas not currently using GRC • Develop a competitive bid package • Use Knowland Digital Reader board services to identify events occurring over available dates • Develop relationship with local, civic, non-profit, and corporate event organizers OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN 6.C. OPERATIONS PLAN 6.C1. POLICIES & PROPOSED METHODS *VG 360 We recognize the significant responsibility we have to protect and maintain the assets that our clients have spent millions of dollars to develop. We understand that each venue we manage must meet its operational life expectancy — and, equally important, that we must keep a watchful eye on operating expenses, as well as the building's bottom -line performance. That's why we approach every venue we manage as if it were our own, focusing not on short-term profits but on long-term fiscal stability and performance. It's why our partnership with an existing venue begins with an exhaustive audit to fully understand how it's being managed — and how its operations can be improved. And it's why we develop a comprehensive, customized plan that covers even the tiniest details of your venue's day-to-day and long-term operations, allowing your venue to function at the highest levels of operational and fiscal performance. The bottom line? OVG360 understands that managing the Grand River Center is about more than just improving the bottom line — it's also about protecting your assets. OPERATION PLAN OVERVIEW Detailed information about our approach to venue and event operations is provided in our operations manual, which is a proprietary document that we will begin customizing for your venue within 120 days after contract award. 6.C.1.A - 6.C.1.F OPERATIONAL SERVICES OVG360 believes that the immaculate physical condition of your venue is every bit as important as the level of customer service provided by the staff. The GRC's look and condition project an image to attendees — and it can be a positive or negative one, depending on the staff's knowledge, dedication, and attention-to-cletail when completing their day-to-day responsibilities. We're committed to exceeding industry standards for custodial services. Although we customize our services for each specific venue, OVG360 provides the necessary policies and procedures in our operations manual for routine maintenance, cleaning, recycling, trash collection, room set-up, conversions, and related work needed to keep the venue in like -new condition. Our ultimate goal is to have a client walk into the GRC, regardless of how many years it has been in operation, and say that it looks just as good as the day it opened. Other companies may share this view — but few will commit the staff and resources to actually make it happen. PREVENTATIVE MAINTENANCE OVG360 understands that preventive maintenance (PM) is the key to avoiding equipment breakdowns, which can be costly and may interfere with the performance of an event. Our detailed PM plan — which is task- and frequency -based, and developed within a computerized maintenance management system — protects your venue, ensures smooth operations of events, minimizes costly emergency repairs, and helps protect the safety of attendees, show -related personnel, and staff. Our PM program focuses on completing original equipment manufacturer (OEM) recommended tasks, such as lubricating moving OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN parts, tightening loose parts, replacing parts, cleaning, and other similar activities at certain intervals of time. A PM program consists of the following: • An inventory of all equipment to be maintained • An inventory of spare parts (critical to operation) • A list of all required and recommended maintenance tasks • A schedule for routine maintenance and servicing • A completed record of completion, repair, and follow-up • Follow-up supervision NON -MECHANICAL EQUIPMENT OVG360 provides a maintenance program for all non -mechanical equipment. This includes inspecting and repairing all video, sound, lighting, and telecommunications systems. It also includes inspection, cleaning and repairs of all furniture, fixtures and equipment in inventory, including: • Staging • Seating and risers • Cleaning equipment • Lifting equipment • Maintenance equipment PREDICTIVE MAINTENANCE Predictive maintenance involves monitoring equipment to detect deterioration, preventing possible breakdowns. Methods used include: • Vibration monitoring • Thermal imaging • Lubricating oil analysis • Insulation resistance monitoring • Ultrasonic leak detection CUSTODIAL MAINTENANCE The following provides a brief overview of some of the most important custodial maintenance areas we focus on during operations. @VG 360 THE MASTER CUSTODIAL CHECKLIST Every location in the venue is prioritized on a master custodial checklist by how often it needs to be checked or cleaned. In many of our venues, tasks are entered in a computerized maintenance management system (CMMS), ensuring that cleaning in every part of the venue is addressed in a timely manner, as well as preventing areas from going an extended period of time without review. This system also allows us to track the costs associated with maintaining the venue. HARD FLOORS AND CARPETS Flooring is a large capital investment item in a venue, making it imperative that we focus on hard floors and carpets. Detailed cleaning and maintenance methods are provided in the operations manual. EXTERIOR MAINTENANCE AND LANDSCAPING Staff regularly assesses the venue's exterior to correct defects, pick up trash, shovel snow, and maintain the landscaping's beauty and health before the public arrives. EQUIPMENT Frequently used event equipment such as tables, chairs, pipe and drape, dance floors, and staging are checked and maintained continually to prevent permanent damage, and to ensure that an unacceptable piece of equipment is not used during an event. The FF&E investment in these items can amount to millions of dollars, making regular maintenance and cleaning critical. STAFF TRAINING The custodial staff members in each OVG360- managed venue are trained to safely and efficiently perform the required tasks described in our operations manual. Each task must be completed as efficiently as possible, minimizing the impact on visitors during events. We also require mandatory staff participation in training, and we document each element of our training program. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN EMPLOYEE SAFETY As part of our commitment to provide a safe, secure environment for employees and attendees, OVG360 has developed a safety plan, which is incorporated into our operations manual for each venue we manage. This safety plan details the procedures and training requirements to be used in handling issues such as blood -borne pathogens, confined spaces, and equipment operation. It also trains staff on handling accidents and accident investigation, electrical safety, and more. CAPITAL IMPROVEMENTS OVG360 will develop and provide to the client an annual capital replacement plan as part of the budget process. Generally, any items below $5,000 are part of OVG360's operating budget, while items over $5,000 are part of our normal reports, which segment capital improvement projects into three classes: • Health- and safety -related • Cosmetic- and replacement -related • Revenue -generating and expense -reducing ENVIRONMENTALLY CONSCIOUS OPERATIONS OVG is the industry leader in environmental operations. Our company -wide commitment to sustainability, along with an overview of our plan for your venue, can be found in at the end of this section. Our approach to energy cost containment includes: • Establish detailed energy consumption baselines for each utility and track at least monthly • Work with energy management consultants to negotiate favorable utility rates • Test our electrical systems and components annually to ensure they operate at peak efficiency • Work with building management software providers, such as Johnson Controls, Honeywell, and Siemens, to improve efficiencies and lower operating costs @VG 360 - Explore alternate energy sources and cost - reduction programs, such as thermal ice storage, open market purchasing of energy, co -generation options, and conservation and recycling programs. EVENT MANAGEMENT EVENT COORDINATION Successful events begin well before the guests arrive at your venue. As a world leader in venue management, OVG360 understands that thoughtful planning is what makes an event spectacular. That's why we assign an event manager for every event at our venues — and it's why these managers follow a pre -event checklist to ensure that everything operates smoothly. The checklist includes: • Review event information with client • Review event rider, if applicable • Create an event estimate • Create and review event contract • Complete event advance information sheet • Track show (touring shows) and monitor ticket sales (ticketed events) • Contact venues where event has been previously • Relay essential event set-up information to all staff On the day of the event, the event manager serves as the primary contact with the client, while the event manager ensures that all staff is in place for the event. EVENT PRODUCTION: SET UP AND TEAR DOWN We use standard operating procedures for set up and tear down at all of the venues we manage. An outline of these procedures is provided below: • Verification of contractual issues (rental terms) • Signed agreements • Deposits received • Certificate of insurance on file • Identification of offered on -site promoter representative • Coordination of production commitments • Time of day • Scheduled security (backstage staff) OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN • Lights and power on (working mode) • House staff properly scheduled, including event manager, operations staff, engineers stagehands, catering, police (regarding traffic flow), etc. • Load out • Verification of no damage • Security watch on facility FF&E SECURITY OUR APPROACH Security has always been of paramount importance for OVG360, who fully understand the potential perils of bringing together thousands of people into a single building. However, today's world demands much more. It requires a heightened state of vigilance and an unwavering focus on safety. It calls for in-depth training to prevent and respond to myriad types of emergencies. And it demands that venues have airtight plans to maintain their security and safety when the unexpected strikes. To those ends, OVG360 places a heavy emphasis on creating and using proven security procedures at the venues we manage. We know that security and crowd control are perhaps our most basic and important responsibilities. After all, patrons won't attend events at venues where they feel unsafe. Furthermore, a properly secured building positively affects a venue's bottom line, while a building that's not well secured will suffer needless losses. Ultimately, though, OVG360 takes security so seriously because we're protecting more than just assets. We're protecting lives. OURFOCUS In the broadest sense, we focus on the following areas of safety and security: - Scheduling and directing event, admission, and crowd control staff, including ushers, ticket takers, fire, emergency medical personnel, and hired security guards (private security, private -duty policemen, etc.) @VG 360 • Ensuring that tenants and event planners understand and comply with house policies • Ensuring that our emergency preparedness plan takes into account the various terrorist threat levels • Ensuring compliance with all federal, state, and local fire, building, and life safety codes SECURITY PROBE We recommend the use of a continuous, walking, computerized security probe tour to maintain the integrity of security and enhance the computerized fire enunciator monitoring system. Additional duties include monitoring of entry points and secured areas for employees and visitors. Security will be enhanced and supplemented by event security during those times when events are being conducted. TRAINING We encourage the venues we manage to invest in high -quality security equipment including alarms, coded entries and closed-circuit monitoring systems, and clear directional and instructional signage. However, most important to crowd control and security is having a well - trained and attentive staff Each OVG360 employee undergoes extensive training in security and crowd control procedures. In addition, our employees are provided with reference manuals with detailed, systematic instructions. Also, our key people at each venue attend the International Association of Venue Managers (IAVM) Ciglebay School of Public Assembly Management and the annual International Crowd Management Conference to learn the latest in security and crowd control. CROWD CONTROL OVG360 has developed proven management techniques for crowd control, including: - Define and publish house policies for each event Evaluate the effects of the sale of alcohol (if allowed) OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN • If necessary, use uniformed police officers to monitor and control • Have a clearly defined chain -of -command for all event staff, including police and campus security, fire, ushers, and ticket takers — especially in terms of what to do during an emergency • Encourage patrons to report dangerous situations • Conduct lawful but effective search and seizure • Establish and enforce legal capacity limits for each event set-up • Constantly check for and remove dangerous obstructions to allow for successful emergency exiting and evacuations • Stay in control of the stage and the attraction • Allow only those with floor tickets on the floor • Keep all aisles clean • Be sure the PA system works well; when necessary, override the show sound system • Do not turn off the house lights completely SECURITY SPECIFICS Security Procedures OVG360's operations manual details specific security procedures, including: • Coordination with police • After-hours lockdown • Monitoring of recording cameras • Shipping and receiving management • Radio communications during each event • Command post procedures and protocol • Arrest and eviction policies • ID system/access control • Control and security of fixed asset inventory • Customer service for security staff • Security staff role in accident prevention and incident reporting • Policy regarding peer group/stage and backstage security for concerts • Posting of house policies • Policy regarding search and seizure Event Stoffing OVG360 assumes full responsibility for all aspects of event management. An event manager is assigned to each event and is responsible for @VG 360 overseeing the coordination of staffing, security, customer service, safety, and all other aspects of event management. Staffing for each event depends on factors such as the promoter's/planner's requirements, show specifics, expected attendance, and guest expectations. OVG360's guidelines for event staffing are part of our proprietary operations manual. Event ond Crowd Monogement Our commitment to providing superior customer service means creating and maintaining an event atmosphere where everyone gets maximum satisfaction in a safe setting. Our planning and staffing will focus on the following responsibilities: • Building design — Public areas — Performance maintenance — Service area — Support/personnel area • Life safety issues — Building and fire codes — Emergency procedures — Coordination with higher levels of security personnel — Coordination through appropriate channels with the Office of Homeland Security • Event planning and production — Production meetings with tenants and promoters — Production minutes — Event reports — Incident reports — Event security task force meetings — Event research • Security and event staffing — Well -trained switchboard operator PREVENT ADVISORS OVG's security division, Prevent Advisors, is the industry leader in providing security programs and services to limit any gaps or issues with their security operations. These programs identify vulnerabilities in the overall security OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN *VG 360 apparatus from an independent, experienced venue security professional. By identifying vulnerabilities, organizations can find solutions to issues before an incident occurs. One way of doing this is with a Red Team Assessment. Red Team Assessments are a quick and efficient way for organizations to understand the effectiveness of the security measures they put into place on event day or normal business operation. The assessments are unannounced audits performed by experienced venue security professionals who evaluate the security apparatus of the venue by testing the security measures. Red Teams are currently being utilized by organizations such as the NBA, NHL, and select MLB teams and can be used by arenas to assist with Safety Act Certification. NYLON X63.11 01:1.*1 OVG360 utilizes a computerized maintenance management software (CMMS) system for work orders. This system allows us to track every work order and update records on its progress as the work order is assigned to individual employees. With our CMMS system, users have the ability to track the process of work order requests. This system also allows us to track the amount of work orders for each building which helps us design a better preventative maintenance schedule reflective of work order trends. There are no limits to the number of accounts and users that our clients choose to create, and each user will have the ability to request work orders. Once the work orders are requested on the CMMS system, the user will be able to keep track of the work orders which were approved and determine, which employee will be responsible for each work order. Alerts tracking progress on each work order and their completion are also made available to OVG360's clients. 6.C.2. SUBCONTRACTED SERVICES We regularly engage third -party contractors when it's cost effective to do so. The decision to subcontract services depends on factors unique to the market, including the availability of quality part-time labor, the competitive nature of the subcontracted services, and the ability of contractors to provide specialized services. When subcontracting services, we always prefer to hire local vendors, thereby supporting the local business community. CONTRACT NEGOTIATIONS When negotiating contracts for major services, we first prepare an RFP that clearly delineates a scope -of - services and the likely contract price. We evaluate the submitted proposals based on local conditions, as well as benchmarks we have for similar services in our other managed venues. We then negotiate with the bidders to ensure that the services provided are the best value for our client. Examples of subcontracted services include internet services, pest control, elevator/escalator repair/ maintenance, fire suppression system maintenance, landscape maintenance, and more. WORKING WITH LOCAL, CERTIFIED MINORITY AND WOMEN -OWNED BUSINESSES As mentioned earlier in this response in Section 4.C. Diversity Plan, we look forward to working with local certified minority and women -owned businesses as part of our GRC operation. Examples of our success in other similar venues have been provided on the following page. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN 0RVG 360 DUKE ENERGY CONVENTION CENTER, CINCINNATI, OH OVG360's diversity commitment at the Duke Energy Convention Center is developed in conjunction with the City in compliance with their SBE requirements and is organized into four focus areas: supplier diversity, employment and development, community investment, and venue usage. Our team works with the City and our local consulting firm, Ellington Management Services, to seek out minority businesses, vendors, suppliers, and talent. We also generate information for newsletters, develop information from surveys, and notify other organizations and agencies that provide service to minorities. At the DECC, our minimum inclusion requirement for S/M/WBE subcontractor work is 30%. We regularly exceed this goal and consistently record an annual inclusion rate of over 50%. GREATER RICHMOND CONVENTION CENTER, RICHMOND, VA The Greater Richmond Convention Center has a designated SWaM (small, minority -owned, and women - owned businesses) goal of 50%, which is reported on monthly to our client as part of our financials. Our recent annual results in achieving this goal have continually exceeded 50%. SUSTAINABLE OPERATIONS Oak View Group proudly leads the way in public assembly facility sustainability, and the responsible stewardship of our environment is a core value of OVG360. We recognize the increasing importance of operating venues that are environmentally friendly, and we are already the world leaders in this area for large public assembly venues. We are committed to operating the GRC in a manner that is highly sustainable and limits any harmful impacts on the environment while providing maximum benefits to the local community. ESG-Driven Practices We actively encourage and equip our leadership and employees at our operated venues to institute Environmental, Social, Governance (ESG) driven practices. Environmental practices include reducing resource consumption and the amount Of waste going to landfills. ENVIRONMENTAL - Energy & Carbon emissions reduction • Water& Waste • Air Quality Social practices include health and wellbeing -focused solutions, such as indoor air quality measures and programmingfor local social impact. SOCIAL - Local Procurement • Diversity Equity & Inclusion • Health & Wellbeing Governance practices include employee training, diversity and inclusion, and proactive, resilient management solutions GOVERNANCE - Sustainability-cl riven Networks - In -venue Branding Campaign OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN *VG 360 ESG-DRIVEN PLAN FOR THE GRC Below and on following pages, we have provided detailed information regarding our proposed approach to implementing an ESG-driven program at our operated venues. If selected as your partner, we will look to facilitate a sustainability workshop to align on a set of commitments and integrate sustaina bility-cl riven decision -ma king. ENVIRONMENTAL PRACTICES ENERGY & CARBON EMISSIONS REDUCTION • Prioritize on -site and then off -site renewable energy generation • Install energy -efficient lighting fixtures and optimize natural light to reduce energy demand for interior lighting • Coordinate retro-commissioning periodically to ensure building systems are running at maximum efficiency • Develop a plan for public transportation access and local walkability, where possible • Ensure compatible technology is available for virtual meeting platforms to ensure global connectivity and reduce unnecessary travel WATER Install low -flow bathroom and kitchen fixtures to reduce water consumption during peak occupancy Hands -free bathroom fixtures, hand dryers and paper dispensers to reduce energy, water, and supplies WASTE • On -site recycling, composting, and food waste bins used to reduce food waste and landfill waste • Utilize biodegradable compostable packaging, cartons, and cutlery if disposables are unavoidable. • LED electronic signage to minimize paper use, while avoiding high-energy consumption • Install recyclable carpeting, cut into removable sections to reduce waste when maintaining a stain or damage • Install water fountain/filling stations to avoid single -use plastic water bottles AIR QUALITY - Advanced cleaning procedures are critical to a venue's overall sustainability plan and play a large role in protecting the indoor air quality of a space, both to ensure a healthy environment for people and also to reduce the environmental pollution inside and outside. Practices may include: — Trap and remove dirt and pollutants before visitors enter a building through proper entryway management — Establish procedures to minimize particles of dust and chemicals in air to maintain indoor air quality — Properly utilize chemical management systems for accurate dilutions that maximize cleaning efficiency and minimize waste — Properly apply disinfectant in restrooms by following the proper dwell time — Ensure that waste materials are removed and separated appropriately OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN *VG 360 SOCIAL EFFORTS LOCALPROCUREMENT • Local laborers and employees are always prioritized in hiring process • All products for operation are procured locally, where possible • Menu ingredients are sourced locally DIVERSITY, EQUITY & INCLUSION - We have outlined our approach to DE&I earlier in this Response in Section 4.0 Diversity Plon. We look forward to working with local certified minority and women -owned businesses as part of our GRC operation. HEALTH & WELLBEING • We offer vegetarian, vegan, gluten -free, dairy -free, nut -free customized menu options to be inclusive of common food sensitivities • We promote good hydration via free, accessible water fountains • We promote active design and movement throughout the space, including utilizing staircases, where possible • We encourage hydration with free water service for all meetings and events GOVERNANCE STRATEGIES SUSTAINABILITY-DRIVEN NETWORKS OVG360's on -site team often includes a "green team", comprised of employees from a variety of positions within the venue who are passionate about sustainability. These individuals are available to represent the venue in local municipal sustainability networks, for sustai na bil ity-d riven local events, and in partnerships with local sustainability-mincled nonprofit organizations. IN -VENUE BRANDING CAMPAIGN Communication is key in achieving a sustainable program, and it is important to convey our initiatives to any visitor entering your venue. To accomplish this, OVG360 would propose implementing a comprehensive sustainability campaign. This could range from murals on selected walls, to colorful signage and displays, to biophilic green walls, to interactive activations and educational opportunities. We often pair these opportunities with a like-minded corporate partner, who may be interested in funding or sharing their sustainability story within and around the facility. COST CONTAINMENT We hold ourselves accountable for cost containment at the facilities operate. We do this by establishing and tracking detailed energy consumption baselines for each utility, negotiating favorable utility rates to develop conservation programs, and working with building management software providers to improve efficiencies and lower operating costs. We account for necessary maintenance, repair, and capital improvement projects; we test our electrical systems and components to ensure they're operating at peak efficiency; and we explore alternate energy sources and cost -reduction programs. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP 0 Y AL '' I , rous 7. 1 VALIDATING PROACTIVE, IMPACT -DRIVEN OPERATIONS OVG360 has launched an industry collaborative sustainability program and service called GOAL (Green Operations & Advanced Leadership), which aims to heighten environmental awareness and the daily actions taken to make the venues we manage more environmentally friendly. GOAL focuses on environmental sustainability, health and wellness, and equity and social justice in our venues and in our communities. Inspired by the industry -leading work at OVG owned -and -operated Climate Pledge Arena, the home of the NHUs Seattle Kraken and WNBAs Seattle Storm, and the world's first and only Carbon Zero Certified arena, the GOAL membership portal is powered by customized software developed in collaboration with Amazon Web Services (AWS). Member venues have the opportunity to track their performance against scientifically backed standards in environmental and social categories such as energy and water use, greenhouse gas emissions, biodiversity, indoor air quality, health and wellbeing, and even social impact, such as diversity and inclusion programs. The GOAL Standard also includes opportunities to build a customized roadmap toward venue -specific values and locally relevant needs, ultimately leading to validated recognition of continuous improvement. Most critically, GOAL will support the city of Dubuque in identifying a baseline in energy, water, and waste consumption data and will provide tactical solutions to reduce that consumption over time. All tools and resources built by GOAL are available in a central 'Library of Resources,' which is a searchable database for everything from template contract language to sample checklists, to best practices and case studies. The cloud -based portal will equip users with the opportunity to chart progress and publicly report sustainability-cl riven metrics to showcase reduction efforts described above. Most on -site OVG360 teams currently chart consumption in offline spreadsheets and manual trackers. While this is above and beyond the operations of other operators, we propose that GRC integrates GOAL to elevate this critical measurement function for continuing to build a successful sustainability roadmap and to implement positive impact. MCLENNAN DESIGN *VG OAKVIEWGROUP FENWAYISPORTSIGROUP 0 j&StateFarm ARENA OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN 6.D. TRANSITION PLAN *VG 360 ONBOARDING OVERVIEW OVG360 takes pride in our best in class onboarding processes and procedures. Our Business Development and Client Experiences department —which is responsible for onboarding all new clients — facilitates seamless and efficient transitions. Our proven onboarding program, paired with our ongoing operational support plans, is designed to deliver memorable experiences for clients, employees, and customers. Ultimately, our success in onboarding is derived from maintaining the delicate balance of employing our powerful corporate resources as part of a customized and comprehensive plan, specifically developed for the GRC and focused on your individual goals, objectives, timelines, and any and all other unique factors. THE ONBOARDING PROCESS OVG360 has the most thorough onboarding program of any company in the industry. Once we receive notice of a contract award, our Client Experiences department triggers a comprehensive work plan across 20+ different functional teams (finance, payroll, marketing, etc.) to prepare for the critical "Go Live" date. Throughout the onboarding process, Carrie Jackson, your DGM, has full access to our Client Experiences department. This team coordinates all aspects of this critical process, ensuring that the GIVI, DGM, and any other key team members are equipped with the proper resources for a successful transition. Each OVG360 transition begins with a "kick off" call, during which we educate our onboarding team about our new client account. Participants include leaders from every functional department that will play a role in the onboarding process. We then begin a thorough review of needs, obstacles, and timelines for each depa rtment—u Iti mate ly beginning to develop our customized Onboarding Plan. Once our contract is signed, field and headquarters teams work together to effectively and efficiently activate the new account. While in an ideal scenario there are 60-90 days to onboard a new venue, our team has experience in successfully onboarding venues in 30 days or less. Finally, OVG360's network of venues allows for extensive benchmarking and analysis. On an as needed basis, functional experts will be sent on -site to review and assess current strengths and weaknesses of the venue's operations, including everything from facility maintenance, to financial reporting procedures, to staff qualifications, and even utility expenses. ONBOARDING CURRENT EMPLOYEES When OVG360 assumes management responsibilities for you, we're notjust working with a new venue; we're working with new people —your people. We understand that the transition phase can be an unsettling time for your current employees. OVG360 has extensive experience with transitioning employees from the public sector and other private management firms. In every transition, our first priority is simple: putting current employees at ease. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 We treat all current employees with fairness, honesty, and empathy, easing them through the transition process by providing thorough explanations and complete transparency each step of the way. We also ensure that an OVG360 HR representative is on -site throughout the entire transition, further facilitating a smooth process for everyone involved. THE EMPLOYEE ONBOARDING PROCESS Our team will conduct introductory group meetings with full-time employees to explain our benefits program and provide general information about our company, our culture, and our operating philosophy. Next, our team will conduct on -site one-on-one meetings with current employees. Those interested in joining OVG360 will be asked to complete an employment application and submit a currentjob description. Our Talent Acquisition team and corporate leadership for each respective function will conduct interviews with every applicant, from operations and maintenance to management. Management staff members who join OVG360 may hire or retain full-time employees of their respective departments. Part-time staff may be hired without an interview, subject to a three-month review. They will be required to complete an employment application/any applicable screenings. Finally, our human resources team will meet with all hired full-time employees in a group setting for benefits enrollment, completion of new - hire paperwork, and orientation. Our HR team will also: • Finalize the management organization chart/staffing plan • Revisejob descriptions, as needed • Assist OVG360 managers in filling appropriate job vacancies • Develop effective labor relations with existing bargaining units, as needed/appropriate THE ONBOARDING PLAN OVG360's proprietary Onboarding Plan has over 800 line items, ensuring that no detail is overlooked. This comprehensive Onboarding Plan serves as a checklist that is prioritized, time -sensitive, and categorized by department —outlining responsibilities to be fulfilled by our corporate support teams, functional area leaders, and the on -site staff. Each task description includes timing for completion as well as warning dates by when critical tasks must be completed to ensure a successful day one. Regular calls and meetings are held throughout the process to review progress made on the Onboarding Plan. During each call, updates are provided and immediate priorities are reviewed. We focus on celebrating successes and developing solutions for any obstacles at hand. Discussion points from the call are included in a weekly status report, which is utilized to facilitate communication across our onboarding and executive leadership teams while leveraging post -call momentum to continue to focus on key tasks. A sample of our proprietary Onboarding Plan can be provided upon request, and highlights from key departments' ti melines have been provided on following pages. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 NICOLE ORLOSKY, VP, HUMAN RESOUCES Evaluate existing employees and offer employment TIMELINE 7 days prior to start; if not possible, day 1 Hire General Manager and new employees, if any, as approved by the Client GM hire — prior to contract start; Other new employees within 15 days Review OVG360 benefits 7 days prior to start; if not possible, day 1 Put part-time employees on payroll Within 10 day of contract start Review and implement Affirmative Action Plan Immediately adopt existing AAP Develop staff evaluations Within first 90 days of contract start Undertake salary reviews (full & part-time existing employees) Within 30 days of contract start Develop part-time event staffing levels Within 30 days of contract start Develop a system for processing job applications Within 10 days of contract start Fill appropriate full-time vacancies Within 30 days of contract start Develop effective labor relations with existing bargaining units Within 30 days of contract start Enroll employees in benefits package Day 2 of contract start Implement Performance Management Program Within 30 days of contract start Implement Customer Service Program Within 30 days of contract start FINANCE & ADMINISTRATION Evaluate and select bank for deposit of Operating Funds Within 1st week of contract start Set up cash accounts Within 1st week of contract start Purchase accounting software Within 1st week of contract start Set up chart of accounts Within 30 days of contract start Order manual checks Within 1st week of contract start Order purchase orders Within 1st week of contract start Order invoices Within 1st week of contract start Establish accounting policies and procedures Within 30 days of contract start Establish cash management procedures Within 30 days of contract start Input vendor listing Within 30 days of contract start Format financial statements Within 45 days of contract start Establish event settlement forms and policies Within 30 days of contract start Update administrative forms, letterhead, and business cards Within 30 days of contract start I I OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 I GERI HELDRING, DIRECTOR, PAYROLL TIMELINE Be ready for payroll transmission to the corporate office Within 1st week of contract start Purchase computer(s) Within 30 days of contract start Order all forms needed for new hires Within 1st week of contract start Input all current employee information Within 1st week of contract start Design time sheet Within 1st week of contract start Purchase and install all necessary software, (i.e. MAS-200) Within 30 days of contract start Establish payroll accounting codes Within 1st week of contract start Install phone line for transmittal Within 1st week of contract start OPERATIONS MICHAEL AHEARN, SVP OF OPERATIONS, TIMELINE ASSISTED BY DAN RUBINO, DIRECTOR OF PROJECTS Validate floor plan(s) for all events Immediately Develop an overall customized operations plan Within 90 days of contract start Develop an emergency manual Immediately Obtain Master Plans for the venue Within 30 day of contract start Review Capital Improvement Fund and 5-Year Plan On -going Set schedules for part-time employee training and re-training Within 30 days of contract start Develop written policies for all operations departments Within 90 days of contract start Develop a positive relationship with Paramedics Within 30 days of contract start Train all part-time supervisors Within 30 days of contract start Inventory all existing equipment Immediately Develop all daily and weekly clean-up activities Immediately Survey all electrical panels and outlets Within 60 days of contract start Inventory & distribute keys/develop distribution system Immediately Establish necessary ADA & Safety Committees/appoint in- house ADA and Safety Coordinator Within 60 days of contract start Develop a pest control program Within 60 days of contract start Develop a safety program and disaster committee Within 90 days of contract start Develop a positive relationship with police and fire Ongoing Review and revise admissions and crowd control procedures Within 30 days of contract start Review exit capacity/potential problems and solutions Within 60 days of contract start Implementation of computerized venue maintenance plan Within 90 days of contract start Conduct complete inventory of all fixed assets Within 90 days of contract start Review, update, implement and enforce an Emergency Response Plan Within 60 days of contract start I OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 ri yr. WMA R. 7 on Wk M MATT LASHOFF, DIRECTOR, BUSINESS DEVELOPMENT & TIMELINE CLIENT RELATIONS Establish an immediate and direct line of frequent Immediately communication with the Client and any other stakeholders Develop an approval system for major decisions and During contract negotiations regular reports to the Client Designation by the Client's Administrator for OVG360 During contract negotiations Agreement Establish measurable goals for OVG360 performances, During contract negotiations L-i.e., key performance indicators MARKETING & PUBLIC RELATIONS MARISSA DIONNE, VP MARKETING; AND BLAIR CARDINAL, VP, TIMELINE CORPORATE COMMUNICATIONS Develop a marketing plan including an advertising sales Within 90 days of contract start coordination plan Conduct market research and customer surveys Within 30 days of contract start and ongoing Review national publications and prepare a media- Within 30 days of contract start buying plan Develop a public relations plan announcement Implementation of plan within 30 days of contract start Create press announcement Within 1st week of contract start ADVERTISING & SPONSORSHIP SALES FUREY, PARTNERSHIPS BRYAN SVP TIMELINE Meet with existing advertisers and sponsors Within 30 days of contract start Attempt to standardize inventory Within 90 days of contract start Prepare advertising signage, sponsorship, pouring and Within 90 days of contract start branding rights and premium seat rate schedule Agree on plan to pool unsold inventory and develop Within 90 days of contract start revenue sharing allocation system Develop an "in-house" advertising agency Within 60 days of contract start Identify new sources of advertising revenue (e.g., Within 60 days of contract start parking lot, outdoor marquees, reader boards, restrooms, etc.) OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN @VG 360 rM r,, M CARRIE JACKSON, DISTRICT GENERAL MANAGER TIMELINE Develop and review Calendar of Events Immediately Confirm all events/holds Immediately Review current and proposed contract (Event License Within 60 days of contract start Agreement) forms Review event files and confirm executed license Immediately agreements Establish positive and cooperative relations with Immediately promoters Review all event revenue streams (i.e., concessions, Immediately review - gradual results ticketing, sponsorships, merchandise, etc.) to increase revenues Maintain/improve upon current relationships with Immediately established venue users Attempt to open up the Venue to as many outside Immediately promoters as possible Focus on booking concerts, performing arts events, Immediately family shows, conferences, meetings, banquets, parties, light trade hows and other special events Review "Meeting Planner Guide" with the CVB Immediately OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN *VG 360 6.E.FINANCIAL PLAN 6.E.1. MINIMIZING EXPENSES AND MAXIMIZING REVENUE MINIMIZING ANNUAL OPERATING EXPENSES As part of our approach to maximizing the bottom line for our clients, OVG360 takes all necessary steps to minimize annual operating expenses. However, efforts to minimize annual operating expenses should be taken with a long-term plan in mind as well as annual goals. OVG60 will work with the City of Dubuque to develop both short-term and long-term strategies to minimize annual operating expenses. This will include implementing proven industry systems that include consistent application, measurement, and evaluation of results. Every facility and its related operations are different and requires a customized approach to maximize its efficiency. Examples of OVG360's efforts to minimize annual operating expenses include: • Annual review of third -party service contracts based on effectiveness and efficiency • Evaluation of preventative maintenance program through summary data reports • Physical inspection of facilities • Review of staffing levels and performance MAXIMIZING REVENUE Spectra regularly assumes management of facilities with operating subsidies. We have had tremendous success in reducing these subsidies on behalf of our clients through streamlining operations, minimizing operating expenses, more effectively selling and marketing the facility, generating historic levels of sponsorship revenues, and reengaging with event promoter who, in some cases, have never booked the facility/haven't in years. We are confident in our ability to make a significant improvement to the bottom line at the GRC utilizing similar methods. 11111111 1111 11111111 19 LAT As requested by the RFP, our projected budgets for the GRC have been provided as a separately sealed enclosure to this Response marked "Management Services Financial Proposal." 6.E.4. CAPITAL IMPROVEMENTS OVG360 will develop and provide to the client an annual capital replacement plan as part of the budget process. Generally, any items below $5,000 are part of OVG360's operating budget, while items over $5,000 are part of our normal reports, which segment capital improvement projects into three classes: • Health- and safety -related • Cosmetic- and replacement -related • Revenue -generating and expense -reducing We will work closely with the City of Dubuque to finalize agreed upon policies and procedures for approval, billing, purchasing, and letting of contracts. These terms will be finalized in our Grand River Center Operations Manual. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN 6.E.5. OVG360'S APPROACH TO ANNUAL FUNDRAISING @VG 360 As owners and operators of venues, OVG understands the importance of revenue generation and prioritizes the effort in our management approach. For the GRC, we believe there are two significant opportunities that will drive more revenue for the center and the city: 1. New event inventory from our Content Development and Private Events Division 2. Monetizing of GCC assets through our Global Partnerships Division Our Content Development & Private Events division specifically focuses on innovative private functions, major corporate events, and content development across the OVG360 universe of 200+ arenas, stadiums, and convention centers. Specifically for GRC, we have identified the following content development services: • Partner with GCC to identify content priorities that best serve the local and visitor community • Source and drive revenue through new content opportunities • Identify, and co-clevelop, tentpole events • Increase national and international sales and marketing reach • Provide best -in -class resources and support to surpass industry standards GRC will also benefit from the service of OVG Global Partnerships, our naming rights and sponsorship division solely dedicated to connecting world -class entertainment properties with world -class brands who want to build and communicate a compelling story to their customers through live entertainment. OVG Global Partnerships will utilize its experience to customize a go -to -market strategy to maximize revenue for GRC. Our approach for GRC is to reimagine the current environment with the goal of increasing revenue for both the venue and its clients by executing a plan to Build a Brand, Create Engaging Marketing Platforms, Capitalize on Emerging Trends, and Prioritize Solutions for brands and shows. Our view is that the current operation is not focused on non-event revenue generation and is not addressing industry trends or client needs. Therefore, the GCC is missing out on key revenue streams. Our 4-step plan will be to focus on building a partner program to maximize revenue. #1: BUILD A BRAND Effective sponsorships are based on brands reaching consumers that have an emotional connection with a property. There needs to be a story that resonates with attendees and the surrounding community. If you walk around the convention center today the walls are barren. While visitors are in the building, there is an opportunity to promote Dubuque. We will create a brand and story that we can tell prospective sponsors that exemplifies the city and showcases how the GRC is an integral part of the region's economic development throughout its history to today as a major hub for companies in the automotive, tech, and R&D development industries. #2: CREATE ENGAGING MARKETING PLATFORMS OVG Global Partnerships will develop advertising inventory that today's sponsors demand to effectively reach attendees and convey their marketing messages. The venue doesn't adequately provide these offerings today. - Naming Rights - Upon approval from the city, OVG will develop a naming rights partnership for the venue and approach the market. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP &MANAGEMENT PLAN - Interactive Areas - We will create activation areas that may be sponsored. Activation areas will be designed in open spaces and walls with the intent to Build the Brand Promoting Dubuque and enhance the guest experiences. Activations could include art installations, interactive kiosks, educational displays, and guest amenities could include business centers, Wi-Fi areas, charging stations, or a branded terrace. Digital Signage Network - OVG Global Partnerships will recommend a digital signage infrastructure to include new video screens and digital signage around the facility to be used for messaging to guests and sponsor messaging, as well as new outdoor marquees. The digital signage is a critical offering to provide partners the ability to change marketing messages to varying audiences or during specific times of the year. The digital signage can be sold to venue partners or rented to shows who can resell to their own partners for new revenue streams. #3. CAPITALIZE ON EMERGING TRENDS The convention center industry is experiencing a movement towards commercialization over the last five years, ranging from the installation of digital signage and sponsor -branded areas to facility naming rights. There are now a dozen markets in North America that have sold naming rights to their convention centers including Detroit, Des Moines, Memphis, Sacramento, Cleveland, and Cincinnati. OVG Global Partnerships has recently been hired in major markets to help guide and sell facilities including Louisville's Kentucky International Convention Center, the Walter E. Washington Convention Center in Washington, DC, and the Miami Beach Convention Center in Miami Beach. We will continuously deploy the best practices we learn across the industry to benefit Dubuque and make sure the venue stays ahead of industry trends so it may exceed client expectations and maximize revenue opportunities. @VG 360 #4 PRIORITIZE SOLUTIONS FOR BRANDS ANDSHOWS Operating with a focus on generating new revenue streams starts with changing a mindset and requires a team dedicated to meeting the needs of both consumer brands and the shows that rent venues. OVG Global Partnerships has a team of 150 sponsorship sales professionals across North America, led by experienced venue executives who are dedicated to finding solutions for brands that generate revenue for our facilities. We recognize that both venues and shows are looking for ways to generate new revenue and that our venues will only succeed if the events we host succeed. Many shows also sell their own corporate sponsors. The GRC needs to provide amenities for its shows to make more money to be more competitive with other venues and keep pace with industry trends as it is quickly becoming the expectation of event and meeting planners. By executing our suggested approach creating the marketing platforms outlined, including the digital signage network, the GRC can offer both brands and shows an attractive solution to meet their needs. The GRC can have confidence that it is being led by a sponsorship team with proven experience, as OVG Global Partnerships is widely recognized as the world leader in venue and naming rights sales with over $1.513 in sales and 12 naming rights secured over the last two years. 6.F. COMPENSATION PROPOSAL As requested by the RFP, our compensation proposal has been provided as a separately sealed enclosure to this Response marked "Management Services Financial Proposal." OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP TECHNICAL STATEMENTS @VG 360 TECHNICAL STATEMENTS UNDERSTANDING OF FINAL AGREEMENT TERMS OVG has read and understands Appendix D — City of Dubuque Contract Terms and Conditions (the "Contract Terms and Conditions") and agrees to include the clauses that are listed in Appendix D in the final Agreement, with the exception of any areas for negotiation/exceptions noted at the end of this section. INSURANCE REQUIREMENTS OVG360 is able to meet the City's insurance requirements for professional services. LITIGATION AND DISPUTE DISCLOSURE While Global Spectrum L.P. d/b/a OVG360 is currently (or has in the past) been involved in various matters of litigation, each such matter is routine and "in the ordinary course" of the company's business, and none, whether taken individually or collectively, would prevent or otherwise affect the company's ability to perform the services being bid. PROPOSED SCHEDULEMMELINE Earlier in this Response in Section 6.D. Tronsition Plon, we have provided a proposed schedule/timeline for transition to our services. We are confident in our ability to transition to our services by the City's date of April 1, 2023. As indicated in our plan, our needs from the City will be proper access to current records as it pertains to event and service contracts. PROPOSAL TIME -FRAME Proposals will be valid for one hundred twenty (120) calendar days from the proposal closing date. OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP EXCEPTIONS EXCEPTIONS @VG 360 OVG360 looks forward to the opportunity to negotiate a contract for operation of the GRC. We have listed our exceptions to the terms outlined in the RFP and its associated documents below, which we would look to negotiate should we be awarded this opportunity. Scope of Services. F. Regarding terms in the "Equipment Repairs and Maintenance" and "Maintenance and Service Contracts" provisions, note that OVG360 would not be responsible for funding any costs or repairs at the venue. Any repairs (or facility expenses) would be funded by the city through the operating budget. Assignment. We should be permitted to assign the agreement in connection with a sale of all or substantially all of our assets or equity interest, and to any affiliate where such assignment is intended to accomplish an internal corporate purpose and would not materially and substantially alter the method of delivery of services to the city. Contract Documents. We prefer that the final agreement be the only document governing the parties' following negotiations, as including the entire RFP and our entire Response opens the door for various conflicting provisions. We are happy to incorporate specific portions of the RFP and our response during negotiations, however the full final agreement should represent the only document governing the parties going forward. Disputes. In the event of dispute, we take exception to the city's ability to unilaterally suspend payments. Instead, we request this be framed as a normal breach/cure period termination right. If either party is in breach, notice would be issued with at least a 30-day window to cure. If the party fails to cure, then there would be a right of termination for the non -breaching party. We take exception to the city's ability to charge us for additional costs incurred by the city (or us) because of our failure to continue providing services despite any ongoing dispute. Indemnification. Indemnity should be limited to third -party claims and should only apply to claims arising out of our breach of the agreement or by our gross negligence or willful misconduct. Furthermore, any indemnity we provide should be limited to the extent any claim arises out of any acts or omissions by the city or its employees or any pre-existing conditions at the facility (including structural or construction defects). Warranties — Work. We take exception to our responsibility for "all damages to property or persons as a result of the firms acts, errors or omissions." We would agree to a reasonable indemnity, as described above, but should not be liable for anything that occurs on the property. We also take exception to our responsibility for all services and our financial liability to the extent "corrective services" are necessary. If we are negligent in our provisions of services, we would be liable through indemnity but should not be wholly responsible. Warranties — Intellectual Property. All representations about the materials and services we provide should be made "to the best of our knowledge". OVG360 Response - City of Dubuque, Iowa Grand River Center Conference and Education Center Operations Management Services REP r= ITII E �_-- GRAN�D R+I�UER N%a,TE�R Operations Management March 20, 2023 H I STORY I reTa", r-xo ff F i v I RL t i od .-� �46 . - VIM 414 tz� dfz CITY COUNCIL HIGH PRIORITY 910MID Qualified professional management firm capable of providing a full range of comprehensive management services with a well - proven track record of services consistent with a first-class conference and education center. • Maximize direct spending benefitting the Dubuque economy. • Maximize economic impact with a mix of events increasing overall utilization • Develop and implement initiatives to penetrate new markets and attract new events and activities • Partner with Travel Dubuque, hotels and motels, and tourist destinations • Provide superior service and maximize customer satisfaction • Partner and enhance relationships in community to attract and retain city wide events including national, international, trade shows and meetings RFP SUBMISSIONS won wk 4t P�l • Aggressive approach to sales and marketing . Dedicated food and beverage approach • Partnership-driven approach • Revenue generation through sponsorship sales • Focus on sustainability • Commitment to diversity, equity, and inclusion • Excellence in transition Dedicated Convention Center Division *VG Accessible Leadership 360 ��, Extensive Employee Network �, Shared Resources Best Practices and Standard Operating Procedures Comp Set Analysis, Pricing & Yield Management Strategy �, Enhanced Industry Presence OVG Hospitality Support — Staffing, Pricing, Menu Development, Purchasing DEDICATED CONVENTION CENTER DIVISION NETWORK OF RVPS & DGMS NETWORK OF SUBJECT MATTER EXPERTS MEEE3001! N!�m� Fie, I r; I Ij � --1 W LAI 20io W�Im-)j �77 ,Q: - � Vq VALr 'IF LZ3 36.__ IN no jjt*� . 61f, AS, K r, LE E TUR IWO ENSIVE STRJUC �D & OWLEDGE N D B G E APPROACH� - ' ­. i - �TOR v� PPORT " 1. ­f Ii I t 1. ir XPERIEN E S ,I I t. zve p n,' lement new Seamless hrough 9... - 'Wisine -:: e eative menus,. tra n d p rable Zl� nsition -a cr -1 wc- �through �support - leader in ffaciilities, grab -and -go Sery concepts, & ing sedoWdary hospitality collaboration with Mmunity, and tners mv�ern tech I -,.-and tertWar co y Lpo T markets -fe—glonal support _7F =21 W-M NOW �j7 to - 0 OP .0 SSET GEME . k U[Zces m. e t customer expe ience land protect the City s ass t-- *VG 360 239 venues 59 conv. centers OVG Hospitality GRAND RIVER CENTER 331 clients 55 conv. centers 'u!m,= Waterloo NA Convention PIEFR Center "000 TERRE HAUTE -EVENT9- C 0 N V E N T 1 0 N C E N T E R LF!� �Tm OVERLANE PARK K A N S A S i SAINTICHARLES 10 Initial term 5 years,, 5-year renewal potential Management fee 9 $150,000 per year (subject to CPI each year) Revenue incentive * Event revenue benchmark $1.8 million * 20% incentive if over benchmark * Renegotiated annually * Never less than $1.8 million Qualitative Incentive- up to $25,000 each year * Customer Service Surveys — a c h i eve m e nt of a n 80% positive response rate • StakeholderlTenant Relationship — positive reviews from Travel Dubuque • Repairs and Maintenance — FF&E quarterly review and walkthrough • Community Involvement — community engagement through initiatives, outreach, and community -centric approaches. • Economic Impact -Focused Sales and Marketing - new sales and marketing approach of attracting unique events and regional/national meetings and/or conventions to the GRC1 sale of Commercial Rights, positive economic impacts • Revenue Incentive (revenue incentive +qualitative incentive) capped • shall not exceed the annual fixed management fee paid • OVG will receive 20% of all commercial rights revenue • OVG provided a financial contribution to the partnership • OVG investing a capital contribution of $300,,000 * Budget very different in former agreement Specific expenses were budgeted for related to the agreement which totalled in FY 24 $381,998 related to management agreement expense (FY24) Stub Year Budget 9 April 1-June 30, 2023 (3 months) * Full Year Budget — FY 24 9 July 1, 2023 - June 30, 2024 * During budget anticipated new agreement in FY24 • Budgeted $381,,998 expenses related to current agreement • Budgeted $106,391 for a potential management fee • Budgeted $370,000 for first year transition costs and potential incentives 9 Available funding equals $858,,389 * Negotiated full year budget is $691,,230 First year transition budget is the highest with the third year as the normalized year. THE BUDGET Agreement budget subsidy Funding available in current FY23 and proposed FY24 budget Stub Year (April -June, 2023 FY 24 Year (July 2023- June 2024) TRANSITION Go LIVE - March 31 12:01 a.m. %WW XEW r7 - Platinum Hospitality Group III ILI bILM, I � will Ll I wqw RFP Committee 1N., &kIVERT0,1ENTER Dorsey & Whitney LLP Jason Lehman, Assistant City Attorney Bill Krueger, Senior VP, Conventions, Sports and Leisure International (CSL) WAIUM al va Im OPO 00 AIM IVA w 11 9 F NJ low it ,- - ; - ( 4^% 1 - 1 *1 1. . . . I � 4 - -J* Z or Ak rw