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Joyce Clark Unfiltered

For "the rest of the story"

jobing.com arena

Jobing.com arena

To date the media and Glendale residents have been denied access to the four bids submitted to Beacon Sports, the city’s $100,000 consultant hired to accept and vet all bids to manage Jobing.com arena, a city-owned facility. Very recently the city finally released the names of the four bidders and it has been reported that R Entertainment and Phoenix Monarch Group (PMG) were rejected for not meeting minimum specifications. By the way, Art Jimenez, principal of PMG, publicly stated that he has formed a new group, PMG Management and Entertainment, LLC. As of this date it is not registered with the Arizona Corporation Commission and the name is still available, if anyone out there is interested.

There is no legal basis with which to deny the public access to the Beacon bids. We first go to the City Charter to see what it says about bids. In Article VIII, Section 2-Competitive Bidding it says, “The city council shall establish by ordinance formal guidelines regulating the purchase of goods and services by the city. Such ordinance shall specify the conditions pursuant to which formal competitive bidding shall be required, conditions pursuant to which informal competitive bidding shall be required and those conditions under which no bidding for city contracts shall be required.”  Last amended on 3-15-88.

This section authorized the city council to establish a formal bidding process. That formal process is outlined in Glendale’s Municipal Code, which was originally adopted and subsequently amended by city council vote as ordinances. An ordinance is a city law and can only be superseded by the Arizona Revised Statutes (established and passed by the Arizona Legislature).

scalesWe then go to Glendale’s Municipal Code, Section 2-145, Formal Purchase Procedure, (2) b, Sealed Bidding Procedure (IFB) which states, “Bids shall be opened publicly at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as may be specified by the materials manager, together with the name of each bidder shall be recorded as determined by the materials manager. This record shall be open to public inspection after the bid opening in a manner prescribed by the materials manager (bold mine). Except to the extent the bidder designates, and the city concurs, trade secrets or other proprietary data contained in the bid documents shall remain confidential.”

Then we have to check Arizona Revised Statutes to see if there is anything different from city code. For that information, we refer to Arizona Revised Statutes, Section 41-2533. Competitive Sealed Bidding. D. which states, Bids shall be opened publicly at the time and place designated in the invitation for bids.  The amount of each bid, and such other relevant information as may be specified by rule, together with the name of each bidder shall be recorded.  This record shall be open to public inspection at the bid opening in a manner prescribed by rule (bold mine).  The bids shall not be open for public inspection until after a contract is awarded.  To the extent the bidder designates and the state concurs, trade secrets or other proprietary data contained in the bid documents shall remain confidential in accordance with rules adopted by the director.”

Well, look at that, the Glendale Municipal Code and Arizona Revised Statutes (ARS) almost mirror one another on the language! Please take note of the sentence in the above cited ARS that says, “The bids shall not be open for public inspection until after a contract is awarded.” That prescription is lacking in Glendale’s Municipal Code. As it is not a prescription in Glendale’s Municipal Code it appears that Glendale is required to release the bid information after bid opening and I don’t think it means weeks later. Both bodies of law allow proprietary information to be redacted from any bid. And both codes allow public inspection after the bids are opened.

It would seem that Glendale has failed to follow its own Municipal Code process. It should release the results of the bidding process of all 4 bids NOW (in fact, it should already have done so) and redact only that information that is proprietary.  Just to be sure there is no confusion over what constitutes proprietary information; Webster’s defines it as, “possession, ownership or exclusive right.” It’s time for Glendale to cough it up.

There is no justifiable reason to discuss the Beacon bids in council Executive Session. They should have been publicly released by now. Those bids are what they are. The presentation on the bids should be in public workshop session. Council either accepts one or it rejects all but it would provide the public with an opportunity to discover just exactly how much two major companies, SMG World and Phoenix Arena Development think it’s worth to them to manage and operate Jobing.com.

There is also no reason why Councilmember Sherwood cannot discuss the worth of keeping the Coyotes in Glendale. After all, it’s not new information. During the Jamison negotiations, Interim City Manager Skeete publicly stated that keeping the Coyotes brings Glendale an approximate additional million dollars a year in revenue.

contractIt is justifiable and prudent that council discuss the RSE deal in Executive Session. They are in the midst of negotiations with the group. It provides the full council an opportunity to hear the terms of the deal and to offer any and all changes to those terms for further negotiation. It was no more than the former council did that resulted in a lower management fee and penalties and incentives for under/over performance. Once all terms are satisfactory to both sides, the deal terms should be released publicly and the vote scheduled for one week after release.

It has been widely reported that the Renaissance Entertainment’s management deal with Glendale may come before the council for a vote on June 25th, June 28th or as late as July 9th. When there was all of that furor over the Jamison ownership deal last acceptanceyear a court mandated that the deal be made public one week before any scheduled council vote on the issue. I suspect denialthat prescription still holds true. In that case, if the RSE deal is scheduled for a council vote on June 25th, it must be released to the public for its consideration one week before on June 19th. If the vote is June 28th, it must be publicly available on June 21st. If the vote is on July 9th, the public is entitled to review it on July 3rd. Come on, mayor and council, get your act together and practice the transparency that you love to preach.

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I wrote this blog on June 10, 2013 and have been sitting on it. Late this afternoon, June 13, 2013 Mike Sunnicks of the Phoenix Business Journal reported on Glendale’s concerns about the RSE bid. I share the city’s concerns. I see no reason to hold this back any longer.  Remember I am looking at the RSE deal having been a former councilmember. The fact that RSE is using borrowed money to finance this deal with very little of their own equity is disturbing. With such a small proportionality of investment it allows RSE a great deal of latitude to abandon Glendale and relocate in a few years.

I know how desperately fans want to keep the Coyotes here. I share that sentiment but not at any price. It’s time we all took an objective look at this deal before embracing it. There are those who will say if it’s not a Jamison deal I am against it. That is not true. If I were still on council I would have a fiduciary responsibility to make decisions that are in the best interest of Glendale based on the facts. Truthfully, if I were on council, I would not accept this deal based upon the facts that are publicly available about RSE’s deal at this time.

So please save your hate email and nasty tweets. I know that I have angered you but once you get past that initial anger, please take a hard look at this deal. Here goes what I wrote several days ago:

Everyone is well aware that the NHL blessed Renaissance Sports and Entertainment (RSE) as a legitimate contender for ownership of the Coyotes. They even chaperoned RSE’s first meeting with Glendale City officials. However, note that the NHL has NOT made a formal announcement to date stating that they are in fact, selling the team to RSE.

Coyotes logoMost of the Coyote fan base and the media seem enthralled with the news and are ready to embrace an NHL/RSE deal. But there are two factors that have so far been ignored. No one in the media has really “kicked the tires and looked under the hood” of this deal; and will Glendale be willing to pay a lease management fee greater than its budgeted and soon-to-be-approved $6M a year?

So why don’t you and I? Let’s take a closer look at this deal. RSE has raised $45M in equity ($10M coming from Gosbee). We will use these figures all of which have been widely publicized in the media and to date unquestioned by any journalist. RSE is getting $200M in loans. One loan from Fortress Investment Group is $120M. Sources say the interest rate is 8%. RSE is getting a loan from the NHL for another $80M. Sources say the interest rate is 5% and that payments start the first year – not in 5 years. The interest on these two debts could be as much as $13.6M a year. My goodness! $13.6M a year in interest! That’s WITHOUT any payment on the principle! Is it any wonder that RSE would like to get an annual lease management payment of $13M-$15M? This deal is heavily debt laden.

Let’s look at costs associated with Jobing.com. According to Coyotes Newco, LLC, the NHL entity that runs the arena, in their Annual Budget submission to the City of Glendale for Fiscal Year ending June 30, 2014, Total Annual Expenditures are projected at $12,468,912 and the Annual Net Cash Requirement as projected by the NHL is $9,088,193. Earned revenue from events will be in the $3.3M range. Based upon these figures submitted to the city by the NHL, the entity currently running the arena, RSE will spend a minimum of another $9M as a Net Cash Requirement. Who would know better what it costs than the NHL currently doing the job?

So we have $13.6M in annual interest payments and $9M in cash needed to operate the arena. Simple math says the minimum figure that RSE will spend every year is $22.6M. The $45M of equity that RSE raised will last almost two years. Where do they get the money to continue? Don’t say from the revenue generated by the arena events. That revenue will offset the total annual arena expenditures of $12M. Ok, tires kicked and the hood has been looked under.

Fortress is not in this deal out of the goodness of its heart. The reason Fortress has the option to purchase equity in the team is that they know darn good and well that when RSE flips the team, it will be much more profitable for them to be in the game and get their expansion check profits than just simply to be repaid at 8%. If RSE can get out of its lease in year 3 or 4 it’s a brilliant strategy. They will make a killing on expansion fees and will have essentially bought a team for only $45M in real equity.

Glendale City Council

Glendale City Council

That leads to the second question. Will Glendale be willing to pay a lease management fee greater than $6M a year? For the sake of argument let’s say Glendale is willing to go as high as $10M a year. How does it find the $4M it is short? Preliminary approval of the budget says monies within the budget may be reassigned to different departments/categories but overall budget expenditures are capped at the approved amount and may not be increased. One scenario could be that the NHL is willing to forgo the second $25M payment owed to it by the city. The city could then apply those funds and cover the $4M shortfall needed to pay a $10M annual lease management fee for 6 years. Or the city could ask for greater revenue sharing from the new owner in the form of a percentage of the concession revenue, a larger ticket surcharge, all of the naming rights revenue and have the team create a new revenue stream in the form of a parking charge. All seem counterproductive but could happen. Would it cover the $4M shortfall?  I am sure somebody somewhere will have created positive projections but there is no way to be sure until one sees the revenues generated in the first year of this scheme.

If the city were to agree to pay $10M a year that would cover RSE’s need for cash to operate the arena but obviously it does not cover RSE’s $13.6M (or thereabout) annual interest payment on their debt. It looks like RSE’s equity investment if used to cover only that debt would last about three years. Then what??

There are those who will be very unhappy reading this analysis because they will perceive the recitation of these facts based upon widely media reported numbers as “negative.” Why bother with facts and dash hopes of RSE becoming the new owner? These numbers are as reliable as possible using sources available. These concepts are known to the NHL and potential owners. Now the fan base should objectively analyze these numbers (or any other numbers revealed by the NHL, potential owners, the city or the media) as we hope and wait (not so patiently) for a final end to this misery of limbo regarding team ownership.

The obvious conclusion is that RSE will bleed money and that will be the rationale for their relocation of the team after a few, short years. Just the news no red-blooded Coyotes fan wants to hear.

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Leblanc

Anthony LeBlanc

Ever since the NHL principals and Renaissance Sports and Entertainment group (RSE) principals descended upon Glendale on Tuesday, May 28, 2013 new speculation blossoms. On May 30, 2013 Forbes online posted an article by Mike Ozanian entitled Phoenix Coyotes $170 million sale to be partially funded by NHL. Here’s the link: http://www.forbes.com/sites/mikeozanian/2013/05/30/phoenix-coyotes-170-million-sale-to-be-partially-funded-by-nhl/. The article appears to be factually correct and correlates with the information learned several days ago about the Renaissance deal. Thank God, at least it’s not a hatchet job from the Arizona Republic (or as it is fondly called in some circles, the Arizona Repulsive).

Bettman

Gary Bettman

Breaking it down RSE gets a $120M loan (or 70% of the purchase price of $170M) from Fortress Investment group. Unconfirmed sources say the interest rate is 9% but I have no information on the length of the loan.  It gets another loan from the NHL of $80M (50% but no info on rate or length of time) and RSE puts in $45M (26% equity investment). Sources indicate that George Gosbee’s participation is $10M with minor investors contributing approximately $4M – $5M each to cover the $35M balance. But those figures total $250M you say…more than the purchase price of $170M. What’s the extra $80M for? To cover losses incurred over several years. Oh, and by the way, RSE doesn’t have to start paying the NHL for five years and they have been assured by the NHL that their revenue sharing will be “healthy.” This is a very, very sweet deal for RSE.

The best analogy I can come up with is this. You buy a $1700 refrigerator. You put $1200 of it on your credit card and you kick in $450 cash. Oh, and by the way, the company you are buying the fridge from doesn’t require payment for 5 years (of course, the interest is piling up) AND it will rebate you $800 that you can use for repairs, etc.

Now, you have three cousins, Darin (Pastor), Greg (Jamison) and Matt (Hulsizer) but the dealer will only offer his spectacular deal to one of the four of you. Darin is willing to pay $500 in cash; Greg is willing to put up $550 in cash and Matt is willing to pay $600 in cash. You would think that one of your three cousins was a lock to get the refrigerator deal but that’s not the case. Perhaps you and the dealer have an “understanding” and you end up with the deal. Go figure.