Resolution 2024-33423RESOLUTION NO. 2024-33423
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE, FINALIZE, AND EXECUTE AMENDMENT NO. 4 TO THE COLONY
THEATRE MANAGEMENT AGREEMENT BETWEEN THE CITY AND MIAMI NEW
DRAMA, INC. TO REFLECT A $200,000 INCREASE TO THE MANAGEMENT FEE,
AS APPROVED IN THE FISCAL YEAR 2025 BUDGET.
WHEREAS, Miami New Drama, Inc. (MIND) is a not -for -profit 501(c)(3) presenting and producing
organization committed to theatrical excellence and theater -making as a means of social engagement,
cultural conversation, and human interaction; and
WHEREAS, MiND's productions include an eclectic mix of original plays, musicals, classics, and
world premieres, including work commissioned specifically for Miami New Drama. These productions
utilize a mix of the best local, national, and international talent to incubate work from scratch; and
WHEREAS, on September 14, 2016, the Mayor and the City Commission adopted Resolution
No. 2016-29569, approving an agreement with Miami New Drama for the operation, management,
maintenance, and promotion of the Colony Theatre (the Facility"); and
WHEREAS, on June 8, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29429 accepting the recommendation of the Finance and Citywide Projects Committee and approved, in
concept, a pilot program for the management of the Colony Theatre and authorized the Administration to
negotiate a management agreement with Miami New Drama, Inc. (MiND), as the resident company and
venue manager for the Colony Theatre, a City -owned facility on the 1000 block of Lincoln Road; and
WHEREAS, the City entered into a Management Agreement with MIND for an initial term of two
(2) years, commencing on October 1, 2016, and ending on September 30, 2018, with the option of one
(1) additional five (5)-year term, and one (1) additional two (2)-year and 364-day term; and
WHEREAS, on May 17, 2017, the Mayor and City Commission adopted Resolution No. 2018-
29858 approving and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the
Management Agreement, providing for the City to fund the cost of six (6) parking spaces at municipal
parking lot No. P25, for use by employees of MiND, in the amount of $5,393 annually; and
WHEREAS, on October 17, 2018, the City Commission adopted Resolution No. 2018-30567
approving Amendment No. 2 to the Management Agreement, which included key terms and conditions
such as an annual contribution of $500,000 to MiND (including an annual City utility contribution, in the
amount not to exceed $80,000) and approving the first renewal option commencing October 1, 2018 and
ending September 30, 2023; and
WHEREAS, on October 27, 2021, the City Commission adopted Resolution No. 2021-31914,
approving Amendment No. 3 to the Management Agreement allowing for a separate lease agreement
between MiND and the City, for MIND's operation and management of the Collins Park Cultural Facility,
to be located at 340 23rd Street (the "Collins Park Lease"); and further extending the term of the Colony
Theatre Management Agreement for a period to run co -terminus with the term of the Collins Park Lease;
and
WHEREAS, on September 23, 2023, the Mayor and City Commission adopted Resolution No.
2023-32743 to renew the final term of Management Agreement for a final term of two (2) years and 364
days, ending on September 29, 2026; and
WHEREAS, on July 12, 2024, at the Finance and Economic Resiliency Committee (FERC)
Budget Workshop, Committee members discussed MiND's request to increase its annual management
fee by $200,000, and requested the Administration return to the City Commission once discussing the
request with MiND; and
WHEREAS, on September 25, 2024, during the Budget Related City Commission Meeting, the
Mayor and City Commission adopted the City's FY 2025 Operating Budget, which included a $200,000
placeholder for the management fee increase, contingent upon City Commission approval; and
WHEREAS, staff negotiated the proposed management fee increase with MiND and is supportive
of the requested $200,000 increase to the annual management fee, bringing the fee to $620,000 plus
$80,000 in utility reimbursement for a total amount of $700,000 annually.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the Administration to
negotiate, finalize, and execute Amendment No. 4 to the Colony Theatre Management Agreement
between the City and Miami New Drama, Inc. to reflect a $200,000 increase to the management fee, as
approved in the Fiscal Year 2025 budget.
PASSED and ADOPTED this 7/ day of 1> 6*kG - 2024.
ATTEST
Rafael E. G✓✓✓ra��annllado, City Clerk Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& F E ION
I3.l-2-Ls
City orney ✓ Dale
Resolutions -C7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 11, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE, FINALIZE, AND EXECUTE AMENDMENT NO. 4 TO THE COLONY
THEATRE MANAGEMENT AGREEMENT BETWEEN THE CITY AND MIAMI NEW
DRAMA, INC. TO REFLECT A $200,000 INCREASE TO THE MANAGEMENT FEE,
AS APPROVED IN THE FISCAL YEAR 2025 BUDGET.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the Resolution
authorizing the Administration to negotiate, finalize, and execute Amendment No. 4 to the Colony
Theatre Management Agreement between the City and Miami New Drama, Inc. to reflect a
$200,000 increase to the management fee, as approved in the Fiscal Year (FY) 25 budget.
On June 8, 2016, the Mayor and City Commission adopted Resolution No. 2016-29429 accepting
the recommendation of the Finance and Citywide Projects Committee and approved, in concept,
a pilot program for the management of the Colony Theatre and authorized the Administration to
negotiate a management agreement with Miami New Drama, Inc. (MiND), as the resident
company and venue manager for the Colony Theatre, a City -owned facility on the 1000 block of
Lincoln Road.
The City entered into a Management Agreement (or "Agreement") with MiND for an initial term of
two (2) years, commencing on October 1, 2016, and ending on September 30, 2018, unless earlier
terminated pursuant to the provisions of the agreement. The Agreement also included up to one
(1) additional five (5)-year term, and one (1) additional two (2)-year and 364-day term.
On May 17, 2017, the Mayor and City Commission adopted Resolution No. 2018-29858 approving
and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Management
Agreement, with said amendment providing for the City to fund the cost of six (6) parking spaces
at municipal parking lot No. P25, for use by employees of MiND, in the amount of $5,393 annually.
On October 17, 2018, the City Commission adopted Resolution No. 2018-30567 approving
Amendment No. 2 to the Management Agreement, which included the following key terms and
conditions:
• The City of Miami Beach ("City") shall provide an annual contribution to MiND in the
amount of $420,000, payable in quarterly installments. The annual contribution is
contingent upon funding approval of the City's contribution during the City's annual
budgetary process.
• The City shall reimburse utility costs at the Colony Theatre, up to $80,000 annually. All
costs above $80,000 are the responsibility of MIND.
Page 353 of 1452
• City approval of the first renewal option for one (1) additional five (5)-year term,
commencing on October 1, 2018, and ending on September 30, 2023,
• MiND will increase the number of events and attendance as follows:
o Produce 150 events at the facility for contract years October 1, 2018 - September
30, 2020, serving more than 35,000 visitors per year;
o Produce 175 events at the facility for contract years October 1, 2020 -September
30, 2022, serving more than 40,000 visitors per year;
c Produce 200 events at the facility for contract year October 1, 2022 - September
30, 2023, serving more than 45,000 visitors per year.
MiND will develop an educational division and increase public outreach to include the
following:
o A "$3.05 ticket program" reserving seats for first time theatergoers for every
performance for $3.05 (12 tickets per MIND Performance, 1,000 tickets annual
estimate)
o Free tickets for senior centers/facilities and youth throughout Miami Beach (1,000
tickets annual estimate)
o Educational programs to accompany each production
o Children's Summer Camp and Workshops
o Traveling plays for schools and senior centers
• MiND shall provide day -today operational and administrative services in support of its
management activities to ensure that the facility shall be operated, managed and
maintained in a first-class manner, including but not limited to, acquisition of services,
equipment, supplies and facilities; maintenance and property management; security;
personnel management; record -keeping; collections and billing; and promotional
activities, including but not limited to public relations, social media and paid marketing
outreach.
• MiND shall provide quarterly reports to the City detailing event records and programmatic
plans, educational and outreach initiatives, marketing and promotional activities,
maintenance and capital work, and operational/administrative budgets.
• The City remains responsible for maintenance of the major building systems (i.e. HVAC,
roof, plumbing, electrical, and elevator) and for long term capital improvements at the
property.
On October 27, 2021, the City Commission adopted Resolution No. 2021-31914, approving
Amendment No. 3 to the Management Agreement allowing for a separate lease agreement
between MIND and the City, for MIND's operation and management of the Collins Park Cultural
Facility, to be located at 340 23rd Street (the "Collins Park Lease"). With this Resolution, the City
and MiND extended the term of the Colony Theatre Management Agreement for a period to run
co -terminus with the tens of the Collins Park Lease. This Amendment is subject to and contingent
upon the buildout of the Collins Park Cultural Facility, pursuant to the Collins Park Lease.
On September 23, 2023, the Mayor and City Commission adopted Resolution No, 2023-32743 to
renew the final term of Management Agreement. The final term is for two (2) years and 364 days,
ending on September 29, 2026.
On July 12, 2024, at the Finance and Economic Resiliency Committee (FERC) Budget Workshop,
Committee members discussed MiND's request to increase its annual management fee by
$200,000, and requested the Administration return to the City Commission once discussing the
request with MiND.
Page 354 of 1452
ANALYSIS
Since 2017. MIND has overseen the management of the Colony Theatre. MIND is responsible for
managing and operating the theater property and the programming of performances at the theater
by using the primary stage for critically acclaimed theatrical productions. MIND maintains its
offices within the building and uses it as the educational and youth camp program venue. MIND
will relocate its offices and youth programs to a new Collins Park Arts District facility once built
out. The theater is also available for rental by other cultural organizations and non-performance
events.
MIND has produced successful productions, including "Seven Deadly Sins," an innovative theater
production that activated vacant storefronts on Lincoln Road during the COVID-19 Pandemic,
which was performed sixty-one (61) times and totaled over six thousand (6,000) attendees. The
production garnered media attention from the New York Times and traveled to New York.
Miami New Drama reopened the Colony Theatre in 2021 with A Wonderful World, the original
world premiere musical about the life of Louis Armstrong that was one day from opening when
the pandemic struck. The show was created entirely by Miami New Drama and went on to play
limited engagements in New Orleans and Chicago. A Wonderful World is slated to open on
Broadway on November 11_. 2024, a first for any theater in South Florida.
MIND is the recipient of dozens of Carbonell Awards for its productions of A Wonderful World. the
25th Anniversary Production of Anna in the Tropics, and Papa Cuatro, a world premiere musical
about the Venezuelan artist diaspora that played two sold out runs at the Colony, bringing over
15,000 people to Lincoln Road during the summer months.
In 2022 MIND and Michel Hausman were awarded the Thornton Wilder Prize in recognition of the
publishing of MIND's trilingual version of Wilder's Our Town and was named Best Theater
Company by the Miami New Times.
In 2023 the world premiere of Create Dangerously by current Lincoln Center Resident Director
Lileana Blain -Cruz won a Silver Palm Award for Outstanding Cultural Achievement.
In 2024 MIND and its Education Director Vyana Preti were recognized with the REMY Award for
Outstanding Contribution to Children's Theater in South Florida.
During its tenure at the Colony Theatre, Miami New Drama has become the largest bilingual
theater in America and has developed and produced twenty world premiere plays and musicals,
placing it in the highest national tier of professional regional theaters creating and exporting new
work.
This meteoric rise is a product of the consistently excellent and nationally relevant work that
directly serves over 35.000 people annually, creates significant, measurable economic impact to
the Miami Beach GDP, and amplifies the profile of Miami Beach across the country as an arts
incubator and cultural destination.
MIND has continued to grow post -pandemic by successfully increasing the number of
performances and audience attendance.
Page 355 of 1452
MIND Annual Report Data
F,scal Y-r
Performance R.—...
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= o/ Performances
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Now °rrtori- if EveItI
Total
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Under MIND, the Colony has become a significant cultural asset with a positive economic impact
on Miami Beach. Earlier this year, MIND engaged Miami Economic Associates. Inc. to conduct
an economic impact analysis of the Colony Theatre.
At the July 12, 2024. Finance and Economic Resiliency Committee (FERC) Budget Workshop,
MIND presented this economic impact analysis, an overview of rising cost impacts, and proposed
management fee increase options for discussion'
Economic Impact of the Colony Theatre
Measure
Description
Total Impact'
D T 1]t9
e .e'. s. Tar
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I OG]�b r 5cE5
R I a ants one sne.zcs on
_
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i1 anruauy
Total Economic Impact
E10M annually'
Inflation Impact
Inflation has caused activation costs to rise, impacting MiND's operational budget. MIND has
shared that previously, City funding represented 25% of their operating budget. With the MiND's
expanded budget of $5.5 million annually, City funding now represents less than 10% of their
operating budget.
• Wages of operations and production labor have risen from $18 per hour to $28 per
hour
• The cost of an average production has risen from $325,000 to nearly $500,000
MIND proposed the following management fee increase options commensurate with its impact
and current economic conditions for FERC consideration
Page 356 of 1452
The FERC recommended the Administration negotiate Amendment No. 4 with MIND for the
proposed management fee increase and bring the item to the September 11, 2024, City
Commission meeting for approval.
Staff negotiated the proposed management fee increase with MIND and is supportive of the
requested $200, 000 increase to the annual management fee. The additional funding would bring
the fee to $620,000 plus $80,000 in utility reimbursement for a total amount of $700,000 annually.
The Administration discussed any possible enhancement of public benefits or increased
programming from MIND in consideration for the requested management fee increase. MIND has
stated that adding or expanding any resident benefit or programming would leave the organization
in the same financially challenging position. MIND has carefully considered the requested
increase, aiming to rightsize costs and ensure the sustainability and growth of the Colony Theatre
as a leading cultural institution. Note that this increase will maintain the current level of resident
benefit, including a fifteen percent (15%) discount on tickets, free student entry, free tickets for
seniors, and greater access to community groups.
At the September 25, 2024, City Commission Budget Hearing, the Mayor and City Commission
discussed the increase to the Colony Theatre management agreement in an amount of $200,000
and its recurring allocation in the budget. Following the discussion, the increase to the
management agreement was approved as a recurring allocation in the budget.
FISCAL IMPACT STATEMENT
The current budgeted amount for the FY2025 Colony Theatre management fee is $700,000,
including $80,000 for utilities.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
General Fund 011-0383-000374-25-406-551-00-00-00-
Page 357 of 1452
CONCLUSION
The Administration recommends the Mayor and City Commission adopt the Resolution
authorizing the Administration to negotiate, finalize, and execute amendment No. 4 to the Colony
Theatre Management Agreement between the City and Miami New Drama, Inc. to reflect an
increase to the management fee by $200,000, as included in the FY25 budget.
Applicable Area
South Beach
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
R7
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s).
Department
Tourism and Culture
Sponsor(s)
Co-sponsors)
Condensed Title
Execute Amendment 4 to Colony Theatre Mgmt Agmt w,/ Miami New Drama Inc. TC
Page 358 of 1452