97-22606 RESO
RESOLUTION NO, 97-22606
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING ISSUANCE OF REQUEST
FOR PROPOSALS (RFP) NO, 5-97102 FOR THE MANAGEMENT AND
OPERATION OF THE MIAMI BEACH CONVENTION CENTER AND THE
JACKIE GLEASON THEATER OF THE PERFORMING ARTS.
WHEREAS, on September 7, 1990, the City issued a Request for Proposal for the
management of the Miami Beach Convention Center (MBCC) and the Jackie Gleason
Theater of the Performing Arts (TOPA) ; and
WHEREAS, the bid was awarded to Spectacor Management Group (SMG); and
WHEREAS, SMG has managed the Miami Beach Convention Center and TOPA to
date; and
WHEREAS, the Management Agreement between the City and SMG will expire on
September 30, 1998, and it is the Administration's recommendation herein that a Request
for Proposal be issued for the provision of said services.
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 approve the issuance of RFP No. 5-97/02 for the Management and
Operation of the Miami Beach Convention Center and the Jackie Gleason Theater of the
Performing Arts.
PASSED and ADOPTED this 3rd day of
December
,1997.
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MAYOR
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRiVE MIAMI BEACH FLORIDA 33139
http:\\cLmiami-beach,f1.us .
COMMISSION MEMORANDUM NO, It- 7 - 91
TO:
Mayor Neisen 0, Kasdin and
Members of the City Commission
DATE: December 3, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
RESOLUTION OVING ISSUANCE OF RFP NO, 5-97/02 FOR THE
MANAGEMEN AND OPERATION OF THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER OF
THE PERFORMING ARTS
ADMINISTRATION RECOMMENDATION:
Approve the resolution.
BACKGROUND:
On September 7, 1990 the City of Miami Beach issued a Request for Proposals (RFP) for the
management of the Miami Beach Convention Center (Center) and the Jackie Gleason Theater of the
Performing Arts (TOP A). The bid was awarded to Spectacor Management Group (SMG). SMG
has managed the Center and TOP A to date. The contract between the City of Miami Beach and
SMG will expire on September 30, 1998.
ANALYSIS:
The attached RFP differs from the one issued on September 7, 1990 in several ways:
1, It is for the management and operation of the Center and/or TOP A.
2, The performance bond amount has been increased from $500,000 to
$1,000,000,
AGENDAITEM~
DATE 1~.3~97
1
162
,
3. A clause was added for termination of contract for convenience by the City
with a 120 day notification to the awarded management company,
The Convention Center Advisory Board (CCAB) reviewed the draft RFP on November 17, 1997.
A motion was passed amending the RFP as follows:
1. Requesting a proposal for the management and operation of both the
Convention Center and the Jackie Gleason Theater of the Performing Arts.
2, Deleting the clause for termination of contract for convenience of the City,
(Section 5-D, page 19),
3. Adding a cure period/notice process to the clause on termination of contract
for default. (Section 5-C, page 18).
4. Adding the minimum requirements of three to five years preferred experience
in management and operation of a convention center facility and a
performing arts center. (Section 3-B-I, page 15).
The Administration concurs with the third and fourth amendments proposed by the CCAB. The
Administration does not recommend deleting the clause for termination of contract for convenience
of the City, However, the RFP was amended to include a 120 day notice to the operator of its intent.
Issuance of the RFP for both or either of the facilities will provide to the evaluation committee and
the Administration information on which to base its recommendation as to how award should be
made. Based on this information, the award can be made to one management company or to
separate management companies. Therefore, the Administration does not recommend limiting its
options for proposals for the two facilities by one management company.
CONCLUSION:
The City Commission should approve the resolution authorizing the issuance of the RFP for the
management of the Miami Beach Convention Center and the Jackie Gleason Theater of the
Performing Arts,
JGP:MDB:1c~
Attachments
F:\CMGR\SALLlCOM-MEM.97\RFPCCTO,P A
2
163
CITY OF MIAMI BEACH
RFP NO, 5-97/02
REQUEST FOR PROPOSALS FOR
MANAGEMENT AND OPERATION OF THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER
OF PERFORMING ARTS FOR A THREE-YEAR PERIOD WITH OPTION FOR
TWO ADDITIONAL ONE-YEAR PERIODS AT THE CITY'S DISCRETION
PROPOSALS WILL BE ACCEPTED FOR THE MANAGEMENT AND
OPERATION OF: 1) MIAMI BEACH CONVENTION CENTER; 2) JACKIE
GLEASON THEATER OF PERFORMING ARTS; 3) ALL FACILITIES
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 11:00 A. M,
ON JANUARY 6, 1998, IN THE THEATER OF PERFORMING ARTS LOBBY,
1700 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN JANUARY 23,1998 AT 2:00 P. M.
All proposals must be accompanied by a proposal guaranty, payable to the City of Miami Beach,
in the form of a certified check, cashier's check, or proposal bond in the amount of $15,000,
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
TABLE OF CONTENTS
RFP NO,: 5-97102
DA TE: 11/20/97
CITY OF MIAMI BEACH
I
Pa~e
I, OVERVIEW AND PROPOSAL PROCEDURES 3
IT. SCOPE OF SERVICES 9
ITI, PROPOSAL FORMAT 14
IV, EV ALUA TION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION 16
V. GENERAL PROVISIONS 18
VI. SPECIAL TERMS AND CONDITIONS 20
VIT, ATTACHMENTS 24
VIll. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY 25
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
2
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A, INTRODUCTIONIBACKGROUND
The City of Miami Beach is seeking proposals for the operation of the Miami Beach
Convention Center and/or the Jackie Gleason Theater of the Performing Arts, Proposals
may be made to operate one facility or the other, or both, Proposals to operate both facilities
may be accepted for one but not for the other facility. Any references herein to the words
"facility", "facilities", or to the similar terms shall be deemed to refer to one facility, to the
other, or to both, depending on the facility or facilities to which the response to the request
for proposals may refer,
The City of Miami Beach has operated a Convention Center since 1958, This Center was
expanded in 1968, 1974, and was again expanded and totally renovated in 1987, The
Convention Center is approximately 1, 1 million gross square feet with approximately
502,000 square feet of exhibition space, (Exhibit A)
The Miami Beach Convention Center currently has sixty-eight (68) full-time and two (2)
part-time budgeted employee positions, The Jackie Gleason Theater of Performing Arts
currently has nine (9) full-time and three (3) part-time budgeted employee positions.
(Exhibit B)
The 1997/98 budget for the Miami Beach Convention Center is $5,138,2061 and $777,676
for the Jackie Gleason Theater of Performing Arts, as detailed in Exhibit C.
The City of Miami Beach has entered into an interlocal agreement with Metropolitan Dade
County, the City of Miami, Bureau, and the City ofBal Harbor, for the joint promotion and
booking of the various facilities, including the Miami Beach Convention Center to the
convention, conference, and meeting market. As a result, the Greater Miami Convention and
Visitors Bureau was created. All convention bookings are as a direct result of the Bureau
and Convention Center Management and have increased in the recent past. The City of
Miami Beach has adopted a booking policy (Exhibit F) that does not allow for bookings
more than twenty-four (24) months in advance unless said bookings are made by the
Convention Bureau. Current bookings for the Convention Center are illustrated in Exhibit
D.
Booking dates for the Jackie Gleason Theater of Performing Arts are also shown in Exhibit
D,
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
12/4/97
iDoes not include depreciation, management service fee, or debt service.
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
3
B. RFP TIMETABLE (Continued)
Deadline for receipt of questions
12/18/97
Pre-Proposal Conference and walk-thru
1/6/98 @ 11 :00 A, M
Deadline for receipt of proposals
1/23/98 @ 2:00 P. M.
Evaluation/selection process
2/2/98
Projected award date
3/18/98
Projected contract start date
10/1/98
C. PROPOSAL SUBMISSION
An original and eleven copies of complete proposal must be received by January 23, 1998
at 2:00 P. M. and will be opened on that day at that time, The original and all copies must
be submitted to the Procurement Division in a sealed envelope or container stating on the
outside the proposer's name, address, telephone number, RFP number and title, and proposal
due date.
The responsibility for submitting a response to this RFP to the Procurement Division on or
before the stated time and date will be solely and strictly that of the proposer. The City will
in no way be responsible for delays caused by the U. S, Post Office or caused by any other
entity or by any occurrence. Proposals received after the proposal due date and time will not
be accepted and will not be considered.
D, PRE-PROPOSAL CONFERENCE
A pre-proposal conference and site visit has been scheduled for January 6, 1998, 11 :00 a. m.
at the Theater of Performing Arts Lobby, 1700 Washington Avenue, Miami Beach,
Florida, and attendance is recommended, Proposers are encouraged to submit written
questions to the contact person in advance.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is the Procurement Director at (305) 673-7490, Proposers
are advised that from the date of release of this RFP until award of the contract, no contact
with City personnel related to this RFP is permitted, except as authorized by the contact
person. Any such unauthorized contact may result in the disqualification of the proposer's
submittal,
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
4
Requests for additional information or clarifications must be made in wntmg to the
Procurement Director no later than the date specified in the RFP timetable, Facsimiles will
be accepted at (305) 673-7851,
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the RFP,
Proposers should not rely on representations, statements, or explanations other than those
made in this RFP or in any addendum to this RFP, Proposers are required to acknowledge
the number of addenda received as part of their proposals. The proposer should verify
with the Procurement Division prior to submitting a proposal that all addenda have
been received.
F, PROPOSAL GUARANTY
All proposals must be accompanied by a proposal guaranty, payable to the City of Miami
Beach, in the form of a certified check, cashier's check, or proposal bond in the amount of
$15,000, Failure by a proposer to honor its proposal or to submit any required insurance or
performance bond, within the time stated, shall cause the proposal guaranty submitted with
the proposal to be forfeited,
Any proposal which is not accompanied by the required proposal guaranty shall be
considered non-responsive and ineligible for award,
Proposal guaranty will be returned to successful proposer upon approval of any required
insurance certificates or bonds. Guaranties submitted by other than the successful proposer
will be returned after award of contract.
G. MODIFICA TION/WITHDRA W ALS OF PROPOSALS
A proposer may submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time, Modifications received after the
proposal due date and time will not be considered,
Proposals shall be irrevocable until contract award unless the proposal is withdrawn in
writing prior to the proposal due date or upon expiration of one-hundred twenty calendar
days after the opening of proposals without a contract award, Letters of withdrawal received
after the proposal due date and before said expiration date, and letters of withdrawal received
after contract award will not be considered.
H, RFP POSTPONEMENT/CANCELLA TION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
5
any irregularities in this RFP or in any proposals received as a result of this RFP,
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any
work performed in connection therewith, shall be borne by the proposer(s) and not be
reimbursed by the City,
J, VENDOR APPLICATION
Prospective proposers must register with the City of Miami Beach Procurement Division;
this will facilitate their receipt of future notices of solicitations when they are issued, All
proposer(s) must register prior to award; failure to register will result in the rejection of the
proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to
request an application,
Registration requires that a business entity complete a vendor application and submit an
annual administrative fee of$20,OO. The following documents are required:
1, Vendor registration form
2, Commodity code listing
3, Articles of Incorporation - Copy of Certification page
4, Copy of Business or Occupational License
5, Notarized Florida Public Entity Crime Affidavit
It is the responsibility of the proposer to inform the City concerning any changes, including
new address, telephone number, services, or commodities,
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this
RFP, and outline what alternative is being offered, The City, after completing evaluations,
may accept or reject the exceptions, In cases in which exceptions are rejected, the City may
require the proposer to furnish the services or goods described herein, or negotiate an
acceptable alternative.
L. SUNSHINE LA W
Proposers are hereby notified that all information submitted as part of a response to this RFP
will be available for public inspection after opening of proposals, in compliance with
Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law".
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
6
M, NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require proposers to give oral presentations based on their proposals, The City reserves
the right to enter into negotiations with the selected proposer, and if the City and the selected
proposer cannot negotiate a mutually acceptable contract, the City may terminate the
negotiations and begin negotiations with the next selected proposer. This process will
continue until a contract has been executed or all proposals have been rejected, No proposer
shall have any rights in the subject project or property or against the City arising from such
negotiations
N, PROTEST PROCEDURE
Proposers that are not selected may protest any recommendations for contract award by
sending a formal protest letter to the Procurement Director, which letter must be received
no later than 5 calendar days after contract award by the City Commission. The
Procurement Director will notify the protester of the cost and time necessary for a written
reply, and all costs accruing to an award challenge shall be assumed by the protester. Any
protests received after 5 calendar days from contract award by the City Commission will not
be considered, and the basis or bases for said protest shall be deemed to have been waived
by the protester,
0, RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer
will in no way relieve it from responsibility for compliance,
P, DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City Commission,
or untimely withdrawal of a proposal before such award is made, may result in forfeiture of
that portion of any proposal surety required equal to liquidated damages incurred by the City
thereby, or where surety is not required, such failure may be grounds for removing the
proposer from the City's vendor list.
Q. CONFLICT OF INTEREST
The award of this RFP is subject to provisions of State Statutes and City ordinances, All
proposers must disclose with their proposal the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, child) who is also an employee of the
RFP NO,: 5-97/02
DATE: 11120/97
CITY OF MIAMI BEACH
7
City of Miami Beach. Further, all proposers must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
proposer or any of its affiliates,
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. No pleas of ignorance of such conditions and requirements resulting from failure
to make such investigations and examinations will relieve the successful proposer from any
obligation to comply with every detail and with all provisions and requirements of the
contract documents, or will be accepted as a basis for any claim whatsoever for any
monetary consideration on the part of the proposer.
S, RELA TION OF CITY
It is the intent of the parties hereto that the successful proposer shall be legally considered
to be an independent contractor and that neither the proposer nor the proposer's employees
and agents shall, under any circumstances, be considered employees or agents of the City,
RFP NO,: 5-97102
DATE: 11120/97
CITY OF MIAMI BEACH
8
SECTION II - SCOPE OF SERVICES
The selected proposer will be responsible for the complete management and operation of the Miami
Beach Convention Center and/or the Jackie Gleason Theater of Performing Arts, The selected
proposer would coordinate its management and operation under the direction of the City Manager
of the City of Miami Beach, or his designee, and would work closely with the following:
1, The City of Miami Beach Commission,
2, The Greater Miami Convention & Visitors Bureau,
3, The Miami Beach Tourism and Convention Center Expansion Authority, This Authority is
charged with administration and disbursement of the proceeds of the Convention Center
Development Tax and was directly involved in the renovation and construction of the new
facility, It is not directly involved in the operations and management of the Center,
4, The Miami Beach Convention Center Advisory Board, This Board recommends rental rates
and policy to the City Commission,
5. City of Miami Beach Concession Contractors:
a, Food and Beverage - Service America
b, Communication - National Data Communications, Inc. (Contract is currently on a
month-to-month basis, and out for re-bid),
6, Maintenance Contracts for equipment currently in place at the Center and the Theater:
a, Window Cleaning - McCloskey Window Cleaning Service
b. Elevator and Escalator - Atlantic Elevator Sales and Service, Inc,
c, Air Conditioning - Coolbreeze
d, Building Automation and Environmental Controls - Landis and Staefa
e. Chemical Water Treatment - Chemtreat, Inc.
f. Plant Maintenance - Classical Landscaping
g. Fire Alarm Computer - Honeywell Building Systems
7, Pace Theatrical Group and Miami City Ballet for presentations at the Theater,
RFP NO,: 5-97/02
DATE: 11/20/97
CITY OF MIAMI BEACH
9
The selected proposer shall negotiate with the City of Miami Beach for a contract for a period of
three (3) years with an option for two (2) additional one-year periods, at the City's discretion,
The selected proposer shall furnish all management, supervision, labor, and services consistent with
generally accepted operations of a first-class Convention Center and/or Theater, and shall be
responsible for the maintenance of the buildings and equipment and marketing of the facilities in
accordance with or above the standards set forth in Exhibit H.
GOALS OF THIS PROCUREMENT:
1, To operate efficiently the Convention Center and/or the Theater, while minimizing the net
cost to the City,
2. To safeguard the City's capital investment in the facilities through the exercise of the highest
standards of maintenance and preservation.
3, Actively to solicit, promote, or co-promote exhibits and trade shows for bookings in the
Center during the 24-month booking window, thereby maximizing the revenues of the City.
4, Actively to solicit, promote, or co-promote bookings in the Theater.
TO BE PROVIDED BY THE CITY OF MIAMI BEACH
o
Operating funds based on a budget created by the successful proposer and approved by the
City Commission.
Capital funding for renewal and replacement items,
Existing Facilities:
1. Miami Beach Convention Center and/or,
2, Jackie Gleason Theater of Performing Arts
Existing equipment (to be inventoried at time of management agreement),
o
o
o
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
10
MANAGEMENT
The selected proposer shall manage and operate the City facilities in accordance with policies
approved by the City Manager or designee,
The Facility Manager, provided under the resulting Agreement, shall report and provide regular
reports to the City Manager or designee,
The City shall make periodic inspections of the facilities and equipment to determine that they are
being maintained in a neat and orderly condition and meet the minimum standards set forth in
Exhibit H. Proposer will be required to make any improvements in cleaning or maintenance
methods as required by the City,
Any expenditure for capital improvements made by the selected proposer in any of the facilities
must have prior written approval by the City Manager, and/or TCCEA and Mayor and City
Commission,
The selected proposer shall abide by all ordinances and laws pertaining to its operation and shall
secure, at its expense, all licenses and permits necessary for the operation of the facilities, with the
exception that the City of Miami Beach licenses will be issued without charge.
The selected proposer shall be responsible for, and pay all Federal, County, and State taxes arising
as a result of the resultant agreement, including those levied against the City,
OPERA TION
The selected proposer shall operate the facilities and provide all services that are required under
Lease Contracts between the City of Miami Beach and the event Lessees.
It is the intention of the City that service be of the highest quality attainable, All areas are to be kept
clean, orderly, attractive, and sanitary at all times and in strict accordance with the applicable laws,
ordinances, rules, and regulations and the minimum standards set forth in Exhibit H.
The City shall have the right to reject the character of services and require that undesirable practices
be discontinued or remedied. Failure of the selected proposer to take appropriate action after
notification from the City will result in the cancellation of the contract upon approval of the City of
Miami Beach Commission.
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
11
The selected proposer shall constantly endeavor to improve the operation of the facilities with a
view toward developing the most efficient and highest quality of service to the lessees, minimizing
the cost to the City, increasing the quality of maintenance and security, and maximizing gross
receipts,
The selected proposer's employees shall, at all times, observe personal cleanliness, Unshaven,
unkempt, or unclean employees shall not be tolerated,
The selected proposer shall not employ any person or persons in or about the buildings or stands
who uses improper language or acts in a loud or boisterous manner, and shall, upon request from the
City Manager, immediately suspend or terminate any employee deemed unsuitable. Any employee
so suspended or terminated shall not be re-employed at the City facility without the written consent
of the City Manager or his authorized representative,
The selected proposer shall thoroughly train and closely supervise all employees so that they are
aware of and habitually practice high standards of cleanliness, courtesy, and service.
Facility Mana2er:
The facility shall be operated by the selected proposer personally or by a competent manager capable
of and empowered to conduct all normal day-to-day operations of the facilities and be responsive
to the desires and directives of the City in the areas of contract enforcement, scheduling, personnel
relations, and other matters pertinent to the operation of the facilities. It is expressly understood that
the manager of the facility will be located on site,
The manager of the facilities, or an approved representative, shall accept the decisions of the City
representative as binding in matters of contract interpretation, providing that written appeals may
be made in writing to the City Commission within thirty (30) days of such decision.
Discussion of any contractual disagreements shall only be between a principal of the firm, or a
designated (in writing) representative, and the City,
The selected proposer and any persons employed by it shall have never been convicted of any
offense involving moral turpitude or a felony, A list of employees with their Social Security
numbers is to be submitted to the City Manager after award of the Agreement.
Uniforms and Identification:
Selected proposer's employees shall at all times be neatly and cleanly uniformed, Uniforms for
employees shall be of a standard style and meet standards prescribed by the City, All employees
must wear uniforms devoid of advertising (unless said advertising be approved, in writing, by the
City Manager) and with numbered badges worn on the breast pocket at all times, Accurate records
must be kept of the names and addresses of those to whom such badges are issued, to assure proper
identification of employees at any time, as required by the City or any other agency,
RFP NO,: 5-97102
DATE: 11120/97
CITY OF MIAMI BEACH
12
MAINTENANCE AND REPAIR
The selected proposer shall be responsible for preventative maintenance and maintenance and repair
of all facilities under the management and operation agreement.
The physical facilities provided to the selected proposer for the term of this agreement will become
the responsibility of the selected proposer and will be returned to the City upon completion of the
contract agreement in the same condition in which they were provided, except for normal wear and
tear and depreciation.
The interior, exterior, and infrastructure of the physical facilities will be maintained by the selected
proposer. This includes repairs, maintenance, and/or renovations with the selected proposer being
responsible for informing the City of degraded conditions and assisting the City with minor and
emergency repaIrs.
The selected proposer shall have a neat and orderly operation at all times, and shall be solely
responsible for the necessary housekeeping services to properly maintain the premises. No signs
or advertising shall be placed on the premises unless first approved, in writing, by the City Manager
or an authorized representative, The selected proposer shall make available all areas of the premises
under its control for examination at any time by the City manager or an authorized representative,
No alterations or additions shall be made to the premises, or any part thereof, without first having
obtained the written consent of the City Manager or an authorized representative, Authorized
alterations or additions shall be made at the selected proposer's expense and shall become the
property of the City of Miami Beach at the termination of the contract agreement.
The selected proposer shall not remove any article, piece of equipment or other property furnished
to the Center without the express written permission of the City Manager.
The selected proposer shall replace, at its own expense, any equipment provided under the original
agreement which has been destroyed or damaged with like equipment.
RFP NO,: 5-97102
DATE: 11120/97
CITY OF MIAMI BEACH
13
SECTION III - PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed and signed as required,
Proposals which do not include all required documentation or are not submitted in the required
format, or which do not have the appropriate signatures on each document, may be deemed to be
non-responsive, Non-responsive proposals will receive no further consideration,
A, CONTENTS OF PROPOSAL
1, Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures, All
pages must be consecutively numbered and correspond to the table of contents,
2, Proposal Points to Address:
Proposer must supply an Operational Plan, an Organizational Chart, a resume for all
key personnel, a summary of past experience of proposer which includes
management of facilities of similar size, and a certified Financial Statement for the
last year. Proposer must respond to all minimum requirements listed below, and
provide documentation which demonstrates ability to satisfy all of the minimum
qualification requirements. Proposals which do not contain such documentation may
be deemed non-responsive. The proposal shall include a plan for budgeting and for
funding the operation and structuring the management fee so as to pursue the overall
goals and objectives of the City.
3. Compensation Proposal
Each submittal must include, in a separate sealed envelope plainly marked
"COMPENSATION PROPOSAL", a specific proposal for the compensation to be
paid for the services which are to be rendered by the firm,
Proposals should be submitted for the following:
}, Miami Beach Convention Center
2, Jackie Gleason Theater of Performing Arts
3. Both facilities
4, Acknowledgment of Addenda and Proposer Information forms (Section VIII)
5, Any other document required by this RFP, such as a Questionnaire, Proposal
Guaranty ($15,000), and Exhibit E (Form PUR 7068),
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
14
B, MINIMUM REQUIREMENTS / QUALIFICATIONS:
Proposers must provide the following information:
1, Number of years managing Convention Centers and/or Performing Arts Centers. A
minimum of 3-5 years experience is preferred.
2, Listing and size of other Convention Centers the firm has managed.
3, Listing and size of other Performing Arts Centers the firm has managed, including
the number of seats in each facility.
4, Provide a marketing plan for the Jackie Gleason Theater of Performing Arts.
5. Describe the firm's programming philosophy for Convention Centers and/or
Performing Arts Centers, and list any other facilities managed by the firm where
same programming philosophy has been applied.
6, Provide a plan for booking of the Convention Center within the 24-month period.
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
15
SECTION IV - EV ALVA TION/SELECTION PROCESS; CRITERIA FOR EV ALVA TION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued,
2. Receipt of proposals.
3, Opening and listing of all proposals received,
4, An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP, If further information is desired,
proposers may be requested to make additional written submissions or oral presentations
before the Evaluation Committee makes its recommendation.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee believes to be in the best interest of the City,
The Evaluation Committee shall base its recommendations on the following factors:
a, Plan for the management, operation, and maintenance of the facilities.
b, Evidence of in-house booking, promotion and/or co-promotion capabilities and
marketing, both national and local, to expand the use of the Convention Center
& TOPA.
c, Professional experience in managing similar facilities, performance and
national stature of the firm and its higher level management,
d, Demonstration of financial stability of the firm.
e, Resumes outlining the experience, education, and performance record of
individuals who would be instrumental in the management and operation of the
Convention Center and/or Jackie Gleason Theater of Performing Arts, and
upper-level regional or national management personnel who will have
supervisory responsibility over the Center(s). Include references,
f, Financial plan/ Budget for each of the facilities.
6, After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City,
RFP NO,: 5-97/02
DATE: 11/20/97
CITY OF MIAMI BEACH
16
7, The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s), The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals, In any case, City Commission
shall select the proposal or proposals acceptance of which the City Commission deems to
be in the best interest of the City, The City Commission may also reject all proposals,
8, Negotiations between the selected proposer and the City Manager take place to arrive at a
contract. If the City Commission has so directed, the City Manager may proceed to
negotiate a contract with a proposer other than the top-ranked proposer if the negotiations
with the top-ranked proposer fail to produce a mutually acceptable contract within a
reasonable period oftime,
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection,
10, If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
proposer(s) has or have done so,
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
17
SECTION V - GENERAL PROVISIONS
A, ASSIGNMENT
The successful proposer shall not enter into any subcontract, retain consultants, or
assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all
of its right, title, or interest therein, or its power to execute such contract to any
person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute a default by the successful proposer.
B, INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold harmless
the City of Miami Beach and its officers, employees, and agents, from and against
any and all actions, claims, liabilities, losses and expenses, including but not limited
to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of
or damage to property, in law or in equity, which may arise or be alleged to have
arisen from the negligent acts or omissions or other wrongful conduct of the
successful proposer, its employees, or agents in connection with the performance of
service pursuant to the resultant Contract; the successful proposer shall pay all such
claims and losses and shall pay all such costs and judgments which may issue from
any lawsuit arising from such claims and losses, and shall pay all costs expended by
the City in the defense of such claims and losses, including appeals.
c, TERMINATION FOR DEF AUL T
If through any cause within the reasonable control of the successful proposer, it shall
fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall give notice to
the operator to cure and/or remedy the situation, If the operator does not cure or
remedy the situation, the City shall thereupon have the right to terminate the services
then remaining to be performed by giving written notice to the successful proposer
of such termination which shall become effective upon receipt by the successful
proposer of the written termination notice,
In that event, the City shall compensate the successful proposer in accordance with
the Agreement for all services performed by the proposer prior to termination, net of
any costs incurred by the City as a consequence of the default.
RFP NO,: 5-97/02
DATE: 12/5/97
CITY OF MIAMI BEACH
18
RFP NO,: 5-97/02
DATE: 12/5/97
Notwithstanding the above, the successful proposer shall not be relieved of liability
to the City for damages sustained by the City by virtue of any breach of the
Agreement by the proposer, and the City may reasonably withhold payments to the
successful proposer for the purposes of set off until such time as the exact amount of
damages due the City from the successful proposer is determined.
CITY OF MIAMI BEACH
19
SECTION VI - SPECIAL TERMS AND CONDITIONS
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
A. The contractor shall be responsible for its work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular project.
He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to
property or persons used or employed on or in connection with the work and of all damage or injury
to any person or property wherever located, resulting from any action or operation under the contract
or in connection with the work. It is understood and agreed that at all times the contractor is acting
as an independent contractor,
B. The contractor, at all times during the full duration of work under this contract, including extra
work in connection with this project shall meet the following requirements:
l.Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida,
2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City against all risks of
injury to persons (including death) or damage to property wherever located resulting from
any action or operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability,
3, Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
4, Maintain any additional coverage required by the Risk Manager as indicated on the
Insurance Check List.
5 , Name the City of Miami Beach as an additional insured on all liability policies required
by this contract. When naming the City of Miami Beach as an additional insured onto your
policies, the insurance companies hereby agree and will endorse the policies to state that the
City will not be liable for the payment of any premiums or assessments,
6, No change or cancellation in insurance shall be made without thirty (30) days written
notice to the City of Miami Beach Risk Manager.
RFP NO.: 5-97/02
DATE: 11/20/97
CITY OF MIAMI BEACH
20
7, All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and these companies must have a rating of at least B+: VI or
better per Best's Key Rating Guide, latest edition,
8, Original signed Certificates of Insurance, evidencing such coverage and endorsements
as required herein, shall be filed with and approved by the City of Miami Beach Risk
Manager before work is started, The certificate must state Bid Number and Title, Upon
expiration of the required insurance, the contractor must submit updated certificates of
insurance for as long a period as any work is still in progress,
9. It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
C. The liability insurance coverage shall extend to and include the following contractual indemnity
and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal
corporation, its officers, agents, and employees from all claims for bodily injuries to the public in
and up to the amount of$I,OOO,OOO for each occurrence and for all damages to the property of others
in and up to the amount of$I,OOO,OOO for each occurrence per the insurance requirement under the
specifications including costs of investigation, all expenses of litigation, including reasonable
attorney fees and the cost of appeals arising out of any such claims or suits because of any and all
acts of omission or commission of any by the contractor, his agents, servants, or employees, or
through the mere existence of the project under contract: "RFP No, 5-97/02, Management and
Operation of the Miami Beach Convention Center and the Jackie Gleason Theater of
Performing Arts"
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and
suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents,
and employees, as determined by a court of competent jurisdiction,
1, The contractor will notify his insurance agent without delay of the existence of the Hold
Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless
Agreement to the insurance agent and carrier,
2. The contractor will obtain and maintain contractual liability insurance in adequate limits
for the sole purpose of protecting the City of Miami Beach under the Hold Harmless
Agreement from any and all claims arising out of this contractual operation,
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
21
D, All policies issued to cover the insurance requirements herein shall provide full coverage from
the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract
unless specific safeguards have been established to assure an adequate fund for payment of
deductibles by the insured and approved by the City's Risk Manager,
E. The contractor will secure and maintain policies of subcontractors, All policies shall be made
available to the City upon demand, Compliance by the contractor and all subcontractors with the
foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall
not relieve the contractor and all subcontractors of their liabilities and obligations under any Section
or Provisions of this contract Contractor shall be as fully responsible to the City for the acts and
omissions of the subcontractor and of persons employed by them as he is for acts and omissions of
persons directly employed by him.
F. Insurance coverage required in these specifications shall be in force throughout the contract term,
Should any awardee fail to provide acceptable evidence of current insurance within seven days of
receipt of written notice at any time during the contract term, the City shall have the right to consider
the contract breached and justifying the termination thereof
G, If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered,
H. It is understood and agreed that the inclusion of more than one insured under these policies shall
not restrict the coverage provided by these policies for one insured hereunder with respect to a
liability claim or suit by another insured hereunder or an employee of such other insured and that
with respect to claims against any insured hereunder, other insured hereunder shall be considered
members of the public; but the provisions of this Cross Liability clause shall apply only with respect
to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of
the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured
against whom claim is made or suit is filed.
RFP NO.: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
22
INSURANCE CHECK LIST
xxx 1.
Workers' Compensation and Employer's Liability per the Statutory limits of the state
of Florida.
XXX 2.
Commercial General Liability (occurrence form), limits of liability $1,000,000,00
per occurrence for bodily injury property damage to include Premises/ Operations;
Products and Completed Operations; Independent Contractors; Broad Form Property
Damage Endorsement and Contractual Liability (Hold harmless endorsement exactly
as written in "insurance requirements" of specifications),
XXX 3,
Automobile Liability - $1,000,000,00 - $50,000,00 each occurrence -owned/non-
owned/hired automobiles included.
XXX 4, Excess Liability - Umbrella policy of$5,000,000,OO.
XXX 5, The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate.
XXX 6, Other Insurance as indicated:
XX Personal Advertising Liability $1,000,000.00
XX Liquor Liability $1,000,000,00
XX Employee Dishonesty Bond $ 500,000.00
XXX 7. Thirty (30) days written cancellation notice required,
XXX 8, Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may by required within five (5) days after bid opening,
Bidder
Signature of bidder
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
23
EXHmIT A
EXHmIT B
EXHmIT C
EXHIBIT D
EXHmIT E
EXHmIT F
EXHmIT G
EXHmIT H
EXHmlT I
RFP NO.: 5-97102
DATE: 11/20/97
SECTION VII - ATTACHMENTS
FLOOR PLAN - MIAMI BEACH CONVENTION CENTER
PERSONNEL
BUDGET 1997/98
MIAMI BEACH CONVENTION CENTER PAST AND FUTURE
BOOKINGS
STATE OF FLORIDA FORM PUR 7068
MIAMI BEACH CONVENTION CENTER BOOKING POLICIES
JACKIE GLEASON THEATER OF PERFORMING ARTS BOOKING
POLICY
PERFORMANCE BOND
MINIMUM OPERATING AND MAINTENANCE STANDARDS
CITY OF MIAMI BEACH
24
SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
RFP NO,: 5-97102
DATE: 11120/97
CITY OF MIAMI BEACH
25
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by proposer that the City reserves the right to reject any and all
proposals, to make awards on all items or any items according to the best interest of the City,
and to waive any irregularities in the RFP or in the proposals received as a result of the RFP.
It is also understood and agreed by the proposer that by submitting a proposal, proposer shall
be deemed to understand and agree than no property interest or legal right of any kind shall
be created at any point during the aforesaid evaluation/selection process until and unless a
contract has been agreed to and signed by both parties,
(Authorized Signature)
(Date)
(Printed Name)
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
26
REQUEST FOR PROPOSALS NO, 5-97/02
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with
this RFP:
Addendum No, 1, Dated
Addendum No, 2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP,
Verified with Procurement staff
Name of staff
Date
(Proposer - Name)
(Date)
(Signature)
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
27
DECLARA TION
TO: Jose Garcia-Pedrosa
City Manager
City of Miami Beach, Florida
day of
, 1997,
Submitted this
The undersigned, as proposer, declares that the only persons interested in this proposal are named
herein; that no other person has any interest in this proposal or in the Contract to which this proposal
pertains; that this proposal is made without connection or arrangement with any other person; and
that this proposal is in every respect fair and made in good faith, without collusion or fraud.
The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the proposer and
the City of Miami Beach, Florida, for the performance of all requirements to which the proposal
pertains.
The proposer states that the proposal is based upon the documents identified by the following
number: RFP No. 5-97/02.
SIGNA TURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
28
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Forei&n Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
Ouestionnaire (continued)
RFP NO,: 5-97102
DATE: 11/20/97
QUESTIONNAIRE
CITY OF MIAMI BEACH
29
If a Partnership:
Date of organization:
General or Limited Partnership"':
Name and Address of Each Partner:
NAME
ADDRESS
'" Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by proposer for a project similar to the proposed
project ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the proposer or any principals of the applicant organization failed to qualify as a
responsible bidder, refused to enter into a contract after an award has been made,
failed to complete a contract during the past five (5) years, or been declared to be in
default in any contract in the last 5 years?
If yes, please explain:
Ouestionnaire (continued)
RFP NO,: 5-97102
DATE: 11/20/97
CITY OF MIAMI BEACH
30
4. Has the proposer or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any ,other explanation deemed
necessary,
5, Person or persons interested III this bid and Qualification Form
(have) (have not) been convicted by a Federal, State, County, or
Municipal Court of any violation of law, other than traffic violations. To include
stockholders over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the proposer and/or any of its
principals:
7, Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this proposal:
(If none, so state.)
The proposer understands that information contained in this Questionnaire will be relied upon by the City in
awarding the proposed Agreement and such information is warranted by the proposer to be true, The
RFP NO,: 5-97102
DATE: 11120/97
CITY OF MIAMI BEACH
31
undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating
to the qualifications of the proposer, as may be required by the City Manager,
The proposer further understands that the information contained in this questionnaire may be confirmed
through a background investigation conducted by the Miami Beach Police Department, By submitting this
questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to
fingerprinting and providing information for credit check,
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
(General Partner)
Signature
(Print Name)
(Print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
Secretary
(CORPORATE SEAL)
RFP NO,: 5-97102
DATE: 11120/97
CITY OF MIAMI BEACH
32