Resolution 2020-31124 RESOLUTION NO. 2020-31124
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF SURPLUS
PERSONAL PROPERTY, AS DELINEATED IN EXHIBIT "B" TO THIS
RESOLUTION, FROM THE BYRON CARLYLE THEATER TO THE LIVING
ARTS TRUST, INC. D/B/A 0 CINEMA, MIAMI NEW DRAMA, INC., THE
RHYTHM FOUNDATION, INC. AND MIAMI BEACH FIENBERG FISHER K-8,
HAVING A VALUE OF APPROXIMATELY$48,150.
WHEREAS, on October 24, 2014, pursuant to City Commission Resolution No. 2014-
28729, the City and the Living Arts Trust, Inc. d/b/a 0 Cinema ("0 Cinema") entered into a
management agreement for the operation of a portion of the City-owned Byron Carlyle Theater,
located at 500 71st Street, as amended pursuant to Resolution No. 2018-30657; and
WHEREAS, Exhibit D to the management agreement contained an inventory of personal
property belonging to the City that had accumulated at the Byron Carlyle since the time the City
acquired the property, most of which the City and 0 Cinema do not have a use for; and
WHEREAS, 0 Cinema, a nonprofit 501(c)(3) organization, currently operates at Historic
City Hall, located at 1130 Washington Avenue, 1st Floor South, pursuant to a lease agreement
with the City, dated July 18, 2019, as authorized by Resolution No. 2019-30827; and
WHEREAS, Miami New Drama, Inc. ("MND"), a theater company and nonprofit 501(c)(3)
organization, operates the Colony Theatre, located at 1040 Lincoln Road, pursuant to a
management agreement with the City, dated October 4, 2016, as authorized by Resolution No.
2016-29569, as amended pursuant to Resolution No. 2017-29858 and Resolution No. 2018-
30567; and
WHEREAS, The Rhythm Foundation, Inc. ("TRF"), a live music production company and
nonprofit 501(c)(3) organization, operates the North Shore Band Shell, located at 7275 Collins
Avenue, pursuant to a management agreement with the City, dated October 23, 2019, as
authorized by Resolution No. 2019-30846; and
WHEREAS, at Miami Beach Fienberg Fisher K-8 ("Fienberg Fisher"), located at 1420
Washington Avenue, music education is a fundamental subject of instruction in the school's
curriculum, as musical education contributes to students' academic and social development; and
WHEREAS, 0 Cinema's management agreement at the Byron Carlyle Theatre expired
on October 31, 2019 and 0 Cinema has vacated the Byron Carlyle property, leaving behind much
of the City's personal property described in Exhibit"D" of the management agreement; and
WHEREAS, the City has no need to continue storing the excess property and intends to
dispose of the property using the City's established surplus property public sale procedures; and
WHEREAS, Fienberg Fisher has expressed interest in receiving two pianos for use in the
school's music education program serving Miami Beach students; and
WHEREAS, 0 Cinema, MND and TRF have expressed a desire to claim much of the
remaining underutilized property for use in their productions, which are open to and enjoyed by
the public at the City's facilities, and
WHEREAS, the best interests of the City would be served if the property was put to public
and/or charitable use by the City's celebrated nonprofit, cultural and educational institutions; and
WHEREAS, pursuant to Section 2-315(e) of the City Code, the City Manager shall have
the authority to donate surplus stock to another governmental entity, agency, or not-for-profit
organization without placing the surplus stock for public sale if the donation serves a charitable
or public purpose and the replacement value does not exceed $100,000, and
WHEREAS, in such case, the City Manager shall, after the fact, disclose to the City
Commission the value, condition and intended use of the surplus stock; and
WHEREAS, City administration requested that 0 Cinema, as the manager of the Byron
Carlyle for the past five years, provide an estimate of the replacement value of surplus stock to
be donated and they determined the replacement value to be approximately$48,150; and
WHEREAS, even though the estimated replacement value of the property to be donated
is within the City Manager's authority, the City Manager submits this item to the Mayor and City
Commission for approval; and
WHEREAS, in order that the excess personal property be utilized by nonprofit, cultural
and educational institutions that serve the public and are located in Miami Beach, the
Administration recommends that the Mayor and City Commission approve the donation of the
excess property, as itemized by recipient organization and estimated value in Exhibit "B",
incorporated herein by reference and attached hereto.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the donation of surplus personal property, as set forth in Exhibit
"B"to this Resolution,from the Byron Carlyle Theater to the Living Arts Trust, Inc. d/b/a 0 Cinema,
Miami New Drama, Inc., The Rhythm Foundation, Inc. and Miami Beach Fienberg Fisher K-8,
having a value of approximately$48,150.
PASSED and ADOPTED this /s 110t4Ar day of 2020.
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Dan Gelber, Mayor
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF
SURPLUS PERSONAL PROPERTY, AS DELINEATED IN EXHIBIT "B" TO
THIS RESOLUTION, FROM THE BYRON CARLYLE THEATER TO THE
LIVING ARTS TRUST, INC. D/B/A 0 CINEMA, MIAMI NEW DRAMA, INC.,
THE RHYTHM FOUNDATION, INC., AND MIAMI BEACH FIENBERG
FISHER K-8, HAVING A VALUE OF APPROXIMATELY$48,150.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the resolution
authorizing the donation of surplus personal property from the Byron Carlyle Theater to Living
Arts Trust, Inc. d/b/a 0 Cinema, Miami New Drama Inc., The Rhythm Foundation, Inc. and
Miami Beach Fienberg Fisher K-8 School.
BACKGROUND/HISTORY
On October 24, 2014, pursuant to Resolution No. 2014-28729, Living Arts Trust, Inc. d/b/a 0
Cinema ("0 Cinema") entered into a management agreement for the management and
operation of a portion of the City-owned Byron Carlyle Theater, located at 500 71st Street,
Miami Beach, Florida 33141. The management agreement expired on October 31, 2019 and
O Cinema has vacated the Byron Carlyle property.
Pursuant to Resolution No. 2014-28722, The Rhythm Foundation, Inc. ("TRF"), a live music
production company and nonprofit 501(c)(3)organization operates the North Shore Band Shell,
located at 7275 Collins Avenue. TRF began operating the Band Shell in 2014, pursuant to a
management agreement dated February 19, 2015, which expired, and the City, pursuant to
Resolution No. 2019-30846, has since entered into a new agreement dated October 23, 2019
for TRF to continue the operation of the North Shore Band Shell.
Pursuant to Resolution No. 2016-29569, the City entered into a management agreement with
MND, a nonprofit 501(c)3 organization, dated October 4, 2016, for the operation, management,
maintenance, and promotion of the Colony Theatre, located at 1040 Lincoln Road, Miami
Beach, FL 33139 as amended pursuant to Resolution No. 2017-29858 and Resolution No.
2018-30567.
Page 482 of 1618
Miami Beach Fienberg Fisher K-8 ("Fienberg Fisher'), is located at 1420 Washington Avenue,
Miami Beach FL 33139. At Fienberg Fisher, music education is a fundamental subject of
instruction in the school's curriculum, as musical education contributes to students' academic
and social development.
ANALYSIS
The management agreement between the City and 0 Cinema expired on October 31,2019 and
O Cinema has vacated the Byron Carlyle property. The City's personal property, as described
in Exhibit D of the management agreement(attached hereto as Exhibit"A"), is of no use to the
City and would typically be disposed of as surplus stock via a public sale.
O Cinema, MND and TRF have requested the City donate much of the surplus property for use
in their productions, which are open to and enjoyed by the public at the City's facilities, and
Fienberg Fisher has requested the City donate two pianos for use in the school's music
education program serving Miami Beach students. Pursuant to Section 2-315(e) of the City
Code, the City Manager shall have the authority to donate surplus stock to another governmental
entity, agency, or not-for-profit organization without placing the surplus stock for public sale if the
donation serves a charitable or public purpose and the replacement value does not exceed
$100,000. The City administration requested that 0 Cinema, as the manager of the Byron
Carlyle for the past five years, provide an estimate of the replacement value of surplus stock to
be donated and they determined the replacement value to be approximately$48,150 (attached
hereto as Exhibit"B"). Even though the estimated replacement value of the surplus stock to be
donated is within the City Manager's authority, the City Manager submits this item to the Mayor
and City Commission for approval. Any remaining property which is not donated will be
disposed of as surplus stock via a public sale.
FINANCIAL INFORMATION
CONCLUSION
Rather than dispose of all the surplus property via a public sale, it is in the best interest of the
City to donate the requested property to the City's nonprofit, cultural and educational
institutions. The Administration recommends that the Mayor and City Commission adopt the
resolution authorizing the donation of surplus property from the Byron Carlyle Theater to The
Living Arts Trust, Inc. d/b/a 0 Cinema, Miami New Drama Inc., The Rhythm Foundation, Inc.
and Miami Beach Fienberg Fisher K-8 School ("Fienberg Fisher")pursuant to Section 2-315(e)
of the City Code.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
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entertainment destination.
Legislative Tracking
Property Management
ATTACHMENTS:
Description
❑ Exhibit A- Exhibit D to Management Agreement—City-Owned Personal Property List
❑ Exhibit B - Surplus Stock to be Donated
o Resolution
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EXHIBIT A
EXHIBIT"D"
CITY OF MIAMI BEACH OWNED PROPERTY INCLUDED IN THE AGREEMENT
GM Office
Deck and chair
1 File cabinet
1 tall cabinet with Box office safe,and Misc. office supplies
1 shelve unite with ADA Infrareds hearing units
1 Fax Machine( No City Labels, Purchased by Byron Theatre)
1 Dell Computer and Monitor and mouse #31253 CMB
Telephone
Copy Room
1 HP Laser jet printer(No Labels. Purchased by Byron Theatre)
1 Canon Image Class D320 Printer (No Labels, Purchased by Byron Theatre)
Crew Room
1 Microwave
1 Coffee maker
TD Office
Desk and Chair
1 Small shelve unit
1 Dell Computer and Monitor and mouse#31254 CMB
Misc.office supplies.
Telephone
Storage Room
Misc.Theatrical Hardware Tape, Lamps, Gel and so on.
1 Upright Plano
1 Piano Bench
Concession Area
1 Freezer unit
1 Price board
•
Stage
Floor:Wenger Versalite staging,black painted cover
Stage height:2'-8"
Front of Stage to 1st Row of Seats:6'
Truss height:18'-8"(bottom)
Stage Depth:PL to BS Wall:29'Total stage depth:30'
Proscenium:34'wide x 13'-6"tall
Wings:Distance from on stage leg to off stage wall:8'-6"
Approx.6'between legs
Soft goods: 1 grand curtain with valance
4 per side black velour legs(Legs:6'-3"width)
5 borders(5'height)
Upstage Black traveler
white seamless cyclorama.
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Rigging:
Line Item @(DS Edge)Note
1 Grand teaser 1'-4"Dark Blue colored
2 Main Curtain 2'-0"Dark Blue,manual SL pull
3 Electric 1 3'-9"Motorized(Trim 17'-9")
4 Black Border T-0"Dead Hung(Trim 13'-7")
5 Electric 2 9'-7"Motorized(Trim 1T-9")
6 Black Border 13'-5"Dead Hung(Trim 13'-7")
7 Electric 3 16'-3"Motorized(Trim 17'-9"
8 Black Border 19'-6"Dead Hung(Trim 13'-7")
9 Electric 4 23'-7"Motorized(Trim 17'-9")DEAD HUNG AT THIS TIME
10 Black Border 25'-9'Dead Hung(Trim 13'-7")
11 Black Scrim 26'-11"Dead Hung
12 Electric 5 28'-6"Motorized(Trim 17'-9")DEAD HUNG AT THIS TIME
13 Black traveler 28'-6"control SL
14 Cyclorama 30'-0"Dead Hung
Lighting Inventory:
Altman 6X16 1K FEL 1 KW 7.5 x 7.5 15
Altman 6X12 EHG 750 7.5 x 7.5 19
Altman 6X9 EHG 750 7.5 x 7.5 22
ETC Source Four Parnel HPL 575 7.50 x 7.50 20
Altman Sky Cy;3 cell HTP 100016 x 15.5 6
Accessories:
8-50Ib boom bases
8-10'pipes for booms
18-251b.Sandbags,saddle-style
40-25'SPG cable
40-10'SPG cable
12-5'SPG cable
24-12"side arms
40-SPG Twofers
8-Pattern holders
Control:
•
96-2.4k ETC SensorPlus dimmer/circuits
ETC Express 250(version 1.02)wl color monitor
Sound Inventory:
House Speakers:
Left and Right mains(JBL MP215 15"2 WAY SPEAKER)
Stage Monitors:
2 Community 12"Two Way Wedges
Control:
Mackie SR24-4-2 VLZ Pro Mixing Console
1 DENON DNC 615 CD Player
Accessories:
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1 Page 486 of 1618
Selection of microphones induding SM 57 SM 58
24 channel snake(SR)
Porta-Com headset system,sound/light/SI,SR
Cinema equipment
Screen dimensions
14 X 30
35mm equipment
Projector
(1)Kinoton PK60D
Three lens turret for 1.66/1.85/2.35 Scope format"???
(1)Strong Highlight fl Type 72000-01
Watts????
(1)Christie Autowind 3 three deck film platter&makeup table.
Audio rack
1 —Smart TCX624A Time-phase correction Electronic Crossover
1 Dolby CP65D Processor .
Speakers
3—Stage speakers set up for 3 way reproduction;Low to mid range via
Smart crossover and mid to high range via passive crossover(1.2KHZ).
Bass=Dual 15 inch woofer. Mid = 12 inch horn loaded.
High=horn loaded.
JBL 4639
Horn—JBL 125-3000-01
1 —Subwoofer,dual 15 inch.JBL 4642A.
(1) 35mm film splicer
Video Projectors
1 Proxima Desktop 9290
OTHER
4 Easels
18 Stanchions
11 Red Ropes
4 Curved Serving Tables
3 Eft.Tables
2 8ft.Tables
2 6ft.Ladders
2 10ft Ladders
1 10ft.Wooden Ladder
1 14ft.A Ladder with Extension
51
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1 Genl Lift S/N: 0900023421
1 Carpet Cleaner
2 Vacuums (934)(943)
3 Sets of pickups and brooms
2 Dust Mops
1 Cement Push Broom
2 Push Brooms
1 Mop bucket and ringer
2 Mops
1 Large Trash Bin on wheels
82 Red Chairs
12 Black Chairs
2 Locker Units(3 each)
1 Small Fridge
1 Maintenance Cart
Assorted Cleaning supplies and paint.
52
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EXHIBIT B
Surplus Stock to be Donated
Unit
Item Quantity Price Total
0 CINEMA
One(1)Kinoton PK60D 35mm film projector 1 $ 6,300.00 $6,300.00
$ 6,300.00
FIENBERG FISHER K-8
Two(2)upright pianos(one manufactured by Yamaha) 2 $ 4,500.00 $9,000.00
5 9,000.00
THE RHYTHM FOUNDATION
Twelve(12)pieces of Wenger Versalite deck floor staging(3'x 4') 12 $ 400.00 $4,800.00
Four(4)boom pipe bases 4 $ 37.50 $150.00
One(1)white seamless cyclorama backdrop(30') 1 $ 500.00 $500.00
One(1)black upstage traveler backdrop(28') 1 $ 400.00 $400.00
One(1)backstage ramp 1 $ 200.00 $200.00
One(1)set of stage stairs(2'-8") 1 $ 250.00 $250.00
Two(2)stage truss(20') 2 $ 1,000.00 $2,000.00
Four(4)aluminum truss pipes 4 $ 50.00 $200.00
One(1)lighting gel box cabinet under 1 $ 100.00 $100.00
One(1)Lycian followspot spotlight 1 $ 600.00 $600.00
Ten(10)ETC Source 4 Leico lights 10 $ 200.00 52,000.00
Two(2)Sandusky locker cabinets 2 $ 75.00 $150.00
$11,350.00
MIAMI NEW DRAMA
One(1)ADA infrared assistive listening shelf unit 1 $ 500.00 $500.00
Ten(10)ETC Source 4 Parnels lights 10 $ 75.00 $750.00
Fifteen(15) ETC Source 4 Ellipsoidal lights 15 $ 233.33 $3,500.00
One(1)A-frame ladder with extension(14') 1 $ 250.00 $250.00
Four(4)boom pipe bases(10') 4 $ 37.50 $150.00
Eighteen(18)25-lb sandbags 18 $ 40.00 $720.00
Forty(40)stagepin cable extensions(25') 40 $ 50.00 $2,000.00
Forty(40)stagepin cable extensions(10') 40 $ 30.00 $1,200.00
Twelve(12)stagepin cable extensions(5') 12 $ 18.00 $216.00
Twenty-four(24)stage lighting side arms(12") 24 $ 50.00 $1,200.00
Twenty(20)stage pin twofer cables 20 $ 40.00 $800.00
Eight(8)lighting pattern holders(Gobo holders) 8 $ 8.00 $64.00
One(1)ETC Express 250 channel lighting console/controller 1 $ 2,000.00 $2,000.00
One(1)Mackie SR24-4-2 VLZ Pro channel mixing console 1 $ 200.00 $200.00
Two(2)JBL MPro MP215 two-way speakers(15") 1 $ 500.00 $500.00
Three(3)JBL 4639 THX theater speakers 3 $ 700.00 $2,100.00
One(1)JBL model 4642A subwoofer system(15") 1 $ 1,250.00 $1,250.00
Eighteen(18)polished ball top crowd control stanchions 18 $ 100.00 $1,800.00
Eleven (11)red velvet ropes(for use with stanchions) 11 $ 27.27 $300.00
Several pieces of Wenger Versalite 3'x 4'deck floor staging 5 $ 400.00 $2,000.00
$21,500.00
•
TOTAL $48,150.00
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