Resolution 2021-31568 RESOLUTION NO, 2021-31568
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7TH VOTE, THE
FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 82-39(A)
OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE CITY'S
BEST INTEREST, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A TERM SHEET WITH MIAMI NEW DRAMA, INC. ("MIAMI
NEW DRAMA") FOR DEVELOPMENT AND OPERATION OF A COLLINS
PARK CULTURAL ARTS FACILITY WITHIN THE COLLINS PARK
GARAGE;WHICH WAIVER SHALL BE AUTHORIZED FOR A PERIOD OF
SIXTY(60) DAYS, CONTINGENT UPON REVIEW OF THE NEGOTIATED
TERM SHEET BY THE FINANCE AND ECONOMIC RESILIENCY
COMMITTEE AND CITY COMMISSION APPROVAL OF THE MATERIAL
LEASE TERMS BY NO LESS THAN 5/7TH VOTE; FURTHER PROVIDING
THAT THE MATERIAL TERMS OF THE LEASE SHALL INCLUDE CITY
VOTING REPRESENTATION ON MIAMI NEW DRAMA'S BOARD OF
DIRECTORS, SUB-LEASE OF ANY RESTAURANT OR RETAIL
COMPONENT AT MARKET RATES, AND THE REQUIREMENT THAT,
THROUGHOUT THE LEASE TERM, MIAMI NEW DRAMA'S PRIMARY
PERFORMANCES REMAIN WITHIN THE CITY OF MIAMI BEACH AND
WITH THE DIRECT INVOLVEMENT OF ITS EXISTING PRINCIPAL
DIRECTORS MICHEL HAUSMANN, MOISES KAUFMAN, AND
NICHOLAS RICHBERG.
WHEREAS, the Collins Park Arts District was established to encourage arts-
related uses and activations within the Collins Park neighborhood and is the location of
cultural institutions including the Bass Museum of Art, the Miami City Ballet, the Miami
Beach Regional Library, and the proposed Collins Park artist and educator workforce
housing facility; and
WHEREAS, on July 29, 2020, the City Commission discussed activating the
ground floor of the Collins Park Parking Garage (the "Facility") with a cultural arts facility
and programming that would elevate Miami Beach's reputation as an international cultural
destination; and
WHEREAS, on December 18, 2020, the Finance and Economic Resiliency
Committee recommended that the City Administration prepare a Request for Proposals
("RFP") seeking creative and transformative concepts for the development and operation
of the Facility from proposers that have experience developing, managing, and operating
cultural arts organizations and facilities; and
WHEREAS, on January 17, 2021, the City Commission discussed an unsolicited
proposal by Miami New Drama, Inc. ("Miami New Drama")for development of the Facility
and, finding that waiver of the formal competitive bidding requirement in City Code
Section 82-39(a)was in the City's best interest, authorized the City Manager to negotiate
a term sheet incorporating the following terms:
• Miami New Drama must remain functionally located within the City of Miami Beach,
such that Miami Beach remains its primary performance venue; and
• Existing principal directors Michel Hausman, Moises Kaufman, and Nicholas
Richberg, must remain directly involved with Miami New Drama; and
• Miami New Drama's board of directors must include voting representation by the
City of Miami Beach; and
• Sub-lease of any restaurant or retail component by Miami New Drama must be
negotiated at market rates; and
WHEREAS, additionally, the City Commission provided direction that the waiver
of the formal bidding requirement in Section 82-39(a) of the City Code would be
authorized for a period of sixty (60) days, contingent upon review of the negotiated term
sheet by the Finance and Economic Resiliency Committee, and the City Commission
approval by no less than 5/7th vote of the material lease terms. .
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 waive, by a 5/7th vote, the formal competitive bidding requirement in
Section 82-39(a) of the City Code, finding such waiver to be in the City's best interest,
and authorizing the City Manager to negotiate a Term Sheet with Miami New Drama, inc.
("Miami New Drama") for development and operation of a Collins Park Cultural Arts
Facility within the Collins Park Garage; which waiver shall be authorized for a period of
sixty (60) days, contingent upon review of the negotiated term sheet by the Finance and
Economic Resiliency Committee and City Commission approval of the material lease
terms by no less than 5/7th vote;further providing that the material terms of the lease shall
include City voting representation on Miami New Drama's board of directors, sub-lease
of any restaurant or retail component at market rates, and the requirement that,
throughout the lease term, Miami New Drama's primary performances remain within the
City of Miami Beach and with the direct involvement of its existing principal directors
Michel Hausmann, Moises Kaufman, and Nicholas Richberg.
PASSED and ADOPTED THIS 27th day of January 2021.
ATTEST:
RAF L E. G NA 0, CITY CLERK DAN GELBER, MAYOR
APPROVED AS TO
� ',, FORM& LANGUAGE
` � ' & FOR EXECUTION
.IPLORP ORATED =
cH 2a` 3 - 6
City AnomeY Date
New Business and Commission Requests-R9 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Mayor Dan Gelber
DATE: January 27,2021
SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING WAIVING THE COMPETITIVE BIDDING PROCESS
FOR THE COLLINS PARK CULTURAL ARTS FACILITY.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know"item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Collins Park Cultural Facility Memorandum
r
eel
MEMORANDUM
OFFICE OF THE MAYOR AND COMMISSION
TO: Members of the City Commission
CC:. Raul Aguila, Interim City Manager
Rafael E. Granado, City Clerk
FROM: Mayor Dan Gelber
DATE: January 26, 2021
SUBJECT: Collins Park Cultural Arts Facility
As part of agenda item R2 A, the Administration has prepared a proposed competitive
solicitation for a lease for the Collins Park Cultural Arts Facility.
I urge the City Commission to consider NOT approving the proposed RFP, and to waive the
formal competitive bidding requirement to permit the Administration to negotiate terms for a
lease with Miami New Drama,for the following reasons:
• We know the universe of established cultural anchors in the City and their bandwidth,
as we are already investing in facilities for the Miami City Ballet, the New World
Symphony, The Bass Museum.
• A partnership to expand our established relationship with Miami New Drama, a leading
theatrical/dramatic arts group,would be the perfect complement to the existing
established mix of cultural institutions in the County, given our existing support for the
visual arts (the Bass Museum), dance(the Ballet), and classical music(New World
Symphony).
• We don't need an RFP to engage quality arts groups.
• In a very brief period, Miami New Drama has re-energized the Colony Theater,with
only modest support from the City.
• We have already received a strong proposal from Miami New Drama, and given the
time and resources they have spent to date, it would be worthwhile to give Miami New
Drama and staff the opportunity to develop a term sheet for the Commission's
consideration. If we don't like the terms in the next 60 days, we can still issue an RFP.
I appreciate and am generally supportive when my colleagues propose a competitive bidding
process. That said, a bid process for cultural partners is incompatible with our objective to
invest in cultural institutions to thrive in Miami Beach. This is a unique opportunity to
collaborate with a leading theater company with a successful programming history at the
Colony Theater in Miami Beach, and we should give their proposal the fullest consideration. If
this Commission deems their proposal to not be worthy of activation, then by all means, let's
issue that RFP at that time.
Mayor Dan Gelber