2000-24034 RESO
r
,
RESOLUTION NO.
2000-24034
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST
FOR PROPOSALS FOR THE FUTURE
MANAGEMENT AND OPERATION OF THE
COLONY THEATRE, LOCATED AT 1040
LINCOLN ROAD, MIAMI BEACH, FLORIDA
WHEREAS, on July 27, 1988, the Mayor and City Commission adopted Resolution
No. 88-19309, approving a Lease Agreement between the City and the Concert Association of
Greater Miami, Inc. (subsequently renamed the Concert Association of Florida, Inc.), for the use of
the Colony Theater, located at 1040 Lincoln Road, which term oflease was to expire on August 31,
1994; and
WHEREAS, on December 15, 1993, the Mayor and City Commission adopted Resolution
No. 93-20990, approving the execution of a new Lease Agreement with the Concert Association,
which term oflease was to expire on August 31,1997; and
WHEREAS, on July 16, 1997, the Mayor and City Commission adopted Resolution
No. 97-22464, approving an amendment to the aforestated December 15, 1993, Lease Agreement,
extending its term for one three (3) year period, terminating on August 31, 2000; and
WHEREAS, on October 19,1999, the Mayor and City Commission approved a sublease
between the Concert Association and Colony Cafe, Inc. for an initial period of six (6) years, a term
which extends beyond the Concert Association's remaining Lease term; and
\VHEREAS, said sublease includes a non-disturbance and attornment clause which requires
that any subsequent lease be subject to the existing cafe sublease and, as such, the proposed Request
for Proposal (RFP) will require that the successful proposer retain Colony Cafe, Inc. as the cafe
operator, in accordance with the terms the existing sublease; and
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted Resolution
No.2000-23984, authorizing the Administration to negotiate an extension to the existing Lease
Agreement with the Concert Association until the issuance and award of an RFP and subsequent
contract authorization for the future management and operation of the Colony Theatre; and
WHEREAS, the Administration has concluded that it would be in the City's best interest
to issue an RFP, and competitively bid for the future management and operation of the Colony
Theatre; and
.. r
WHEREAS, on July 7, 2000, the Cultural Arts Council approved a motion recommending
to the Mayor and City Commission that certain language be incorporated into the proposed Request
for Proposals; and
WHEREAS, the Administration has included a majority of those recommendations in the
proposed Request for Proposals; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Administration to issue a Request for Proposals for the future
management and operation of the Colony Theatre, located at 1040 Lincoln Road, Miami Beach,
Florida.
PASSED and ADOPTED this 26th day of July, 2000.
ATTEST:
Jbr fQ;t~
CITY CLERK
If11
MAYOR
LAL:CMC:JD:rd
T:IAGENDA \2000IJUL2600\REGULAR\CLNY _ RFP.RES 07/19/00.1
APPROVED 1<S TO
FORM & LANGUAGE
& FOR EXECUTION
I/J/ #fAf/b. I-J,/-(J7)
t"!", .Mlnmev 0.
Calan1P&.~
S11Sioo
CONCERT ASSOCIATION OF FLORIDA, INC.
COLONY THEA TRE
STATEMENT OF REVENUE AND EXPENSES
FOR T!-U; YEARS ENDED 6197, 6/69 & 6199
6130/97 I I 6I3O/9a 6130/99
OPERATING REVENUE:
Theatre Rental S 97.435 S 123,659 S 139.530
Equipment Rental 2.760 6,894 7,434
Insurance Reimbursement Nalel 3.696 3.525 12,925
Plllfcrrnanee ~.bar Nate 2 11.069 8,300 a,7C7
IrrtereS1 172 175 2'0
Box Office Fees Nate 3 8.250 10.624
Haus. Mana9er Feee Nate 3 a,250 10,624
CaM Rental Nate 4 28.095 9,173
Raimbursement Caf. Utilities Nate 4 21.2S0 6.711
Grant VCA 25.000 30.000
C.M.B. SUbsidy Nate 5 55.000 50.000
Other 338 ala 334
Tatal Ravenua S 169,a17 S 260,752 S 240.449
OPERAi"1NG EXPENSES:
Salarie. Nate a ea. 837 SS.065 110.821
Payroll Taxe. 6,SSa 7.274 .8.618
Other .",ployee benem. 4,692 2.646 1,458
Hausa Manager 5,775 7.125 8.950
Advertising 28.496 31,442 9.832
Office &. ExIlenses 1,839 1,509 2.235
T elepMan8 4.177 3.070 4.043
Ublities 30.105 31.567 25.609
Tr"3Sh Disposal 7.617 7.848 5.774
Ban~ Charges 55 3 61
~icenellG &. T axas 6.656 13,235 12.649
G",nt Prepor"tian Sarvic.. 4,691 2.251 4.305
Ticket Sellers Nate 7 4.&43
Janitorial Nate 6 17,376 6.743 2,260
El(termlnating 1,300 8SS 89S
Insurance 8,226 13.414 17.000
Soeurity 2.251 6SO 3.877
Equipment Rent:ll Exchange 729 351
B~jldjn9 Repeirs & Maintenanco 6.875 1.,761 896
Stage Expena8s & Maintenance 5.664 1.911 5.225
Parlar"",nee Labar Exchanga Not. 2 12,944 7.068 7.390
AdministratJ"e Allocation Nata 9 30.000 30.000 30.000
T alai Exp"".e. 275.025 266.245 267,112
El<CIS$ "f RIIVenue. Ovar E"",ansas (Lass) C8S,208t (5,493) (26,663)
See Nol." Alnell.d
ColonYP&L
51 18/00
CONCERT ASSOCIATION OF FLORIDA, INC.
Notes to Statement 0 Revenue and Expenses
Note 1
Note2
Note 3
Note 4
Note 5
NoteS
Note 7
NoteB
Note 9
Note:
6/30/97 6/30/98 6/30/99
Insumnce Reimbursements:
The renter is required to show proof of liability insurance. If no proof Is given
they cen purchase it from us at a rate of 5275.00 per day.
Performance Labor. Performance labor expense:
Stage labor (in some cases) is paid to CAF and in exchange we pay tM Technicians.
Box Office Fees, House manager lees:
Starting In the 97 I 98 fiscal year all the renters were charged a 5250.00 lee
per show (second show same day $100.00) to help defray the costs of the box office and house management. F
For accounting purposes these funds were allocated equally between the Box Office Fee account
and the House Manager Fee account.
Cale Rental, Reimbursement Cafe Utilities:
During the fiscal year 98-99 the Cale was vacant.
City of Miami Beach Subsidy:
The S60.000.00 subsidy lor 96-97 was not paid by CMS. These funds were applied to tne Cafl! rentals received
by CAF In 95-96 & 96-97 and a balance of $15.00000 was retained by eMS as the result of 1M poor record
keeping by the Caft! manegement.
Salenes:
Also. as result of the audit. the city recommended tnat we hire a full time Box Office Menager.
tnerefore incrl!asing the salary account.
Ticket Sellers:
This represents part time ticket sellers hired.
Janitorial:
The dl!crease in the expense is due to that during 96-97 a cleaning compeny wes contracted to do
the Cleaning. During 97-9B this cleaning company was terminated and an employee was hired. This person
would be called in to clean as needed and the expense was recorded as salary.
Administrative allocetion:
This represents a portion of the Concert Associations overhead to help run the theatre.
(Accounting, telephones. space rental and other general administratIve functions)
During these three fiscal years a total of $41.100.00 was received in capital improvement grants and $41,100.00
was ~pent. These amounts are not reflected in these statements.
CITY OF MIAMI BEACH
RFP NO. 86-99/00
REQUEST FOR PROPOSALS FOR
MANAGEMENT AND OPERATION OF
THE COLONY THEATRE
A NON-MANDATORY PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR
10:00 AM ON AUGUST 11,2000, IN THE COLONY THEATRE, LOCATED
AT 1040 LINCOLN ROAD, MIAMI BEACH, FLORIDA
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN SEPTEMBER IS, 2000 AT 3:00 PM
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
I
CITY OF MIAMI BEACH
RFP NO. 86-99/00
Sealed proposals will be received by the City of Miami Beach Procurement Director, 1700
Convention Center Drive, Miami Beach, Florida, 33139, unti13:00 p.m. on the September 15,2000
for:
MANAGEMENT AND OPERATION OF
THE COLONY THEATRE
At time, date, and place above, proposals will be publicly opened. Any proposal received after time
and date specified will be returned to the proposer unopened.
Package request forms are available by calling City of Miami Beach Procurement Division's
DemandStar.com system at (407) 975-3227 and requesting Document #863. Many packages can
be downloaded from the Internet. Check the City's site at ..http://www.ci.miami-beach.fl.us.. for
download availability and any applicable fees. Vendors registered with DemandStar.com can
download packages at no cost from their website - ..http://www.demandstar.com...
A Non-Mandatory Pre-Proposal Conference is scheduled for August 11, 2000 at 10:00 a.m.,
in the Colony Theatre, located at 1040 Lincoln Road, Miami Beach, Florida.
You are hereby advised that this RFP is subject to the "Cone of Silence", in accordance with
Ordinance No. 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff. The
ordinance does not apply to oral communications at pre-bid conferences, ifheld, oral presentations
before evaluation committees, contract discussions during any duly noticed public meeting, public
presentations made to the City Commission during any duly noticed public meeting, contract
negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City
Commission, or communications in writing at any time with any city employee, official, or member
of the City Commission unless specifically prohibited. A copy of all written communications must
be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall
render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and
said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the
provision of goods or services for a period of one year.
Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No.
2000-3234 (The City's Debarment Ordinance). Bidders are strongly advised to review the City's
Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well
as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
2
The City of Miami Beach reserves the right to accept any proposal or bid deemed to b.e in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
3
TABLE OF CONTENTS
Page(~)
I. OVERVIEW AND PROPOSAL PROCEDURES
5 - 10
II. SCOPE OF SERVICES
11 - IS
III. PROPOSAL FORMAT
16 - 17
IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 18 - 19
V. GENERAL PROVISIONS
20 - 21
VI. SPECIAL TERMS AND CONDITIONS
22
VII. ATTACHMENTS 23
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED 24-33
TO CITY
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
4
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach is seeking proposals from qualified individuals or firms to
efficiently manage and operate the Colony Theatre, located at 1040 Lincoln Road, Miami
Beach, Florida. The successful proposer shall safeguard the City's capital investment in the
facilities through the exercise of the highest standards of maintenance and preservation.
Furthermore, the successful proposer shall actively solicit, promote or co-promote
performances for the Theatre during the term of this agreement thereby maximizing the
revenues to the facility. Booking priority and reduced rental rates may be considered for not-
for-profit performing arts groups supported through the City's cultural arts grant program.
The term of the agreement will be for three (3) years, with two (2) one year renewal options,
at the City's sole discretion.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
July 27, 2000
Deadline for receipt of questions
August 31, 2000, 5:00 p.rn.
Non-Mandatory Pre-Proposal Conference
August 11,2000,10:00 a.rn.
Deadline for receipt of proposals
September 15,2000,3:00 p.rn.
Evaluation committee meeting
First week of October, 2000
Commission approval and authorization of negotiations
October 25, 2000
Contract negotiations
November 1-30, 2000
Projected award date
December, 2000
Projected contract start date
To be negotiated
C. PROPOSAL SUBMISSION
An original and ten (10) copies of complete proposal must be received by September 15,
2000 at 3:00 p.rn. 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
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
5
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
The applicants are urged to visit the subject properties prior to the non-mandatory pre-
proposal conference.
A non-mandatory pre-proposal conference has been scheduled on August 11, 2000 at 10:00
a.m. in the Colony Theatre, 1040 Lincoln Road, Miami Beach, Florida. Proposals will only
be accepted from those who attend the conference and si~n the attendance sheet. It is the
responsibility of the respondents to familiarize themselves with existing conditions of the
property. Respondents are encouraged to submit written questions to the contact person.
Deadline for receipt August 31,2000 at 5:00 p.m.
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 ofrelease 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.
Requests for additional information or clarifications must be made in writing 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
Non required
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
6
G. MODIFICATIONIWITHDRA 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 withdrawn in writing prior to the
proposal due date or after expiration of (120) calendar days from 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/CANCELLATION/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
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 the sole responsibility of the proposer(s)
and not be reimbursed by the City.
J. VENDOR APPLICATION
Prospective proposers should register with DemandStar.com (the City's Vendor Database
Management firm); this will facilitate the receipt offuture notices of solicitations when they
are issued. Potential proposers may contact DemandStar.com at (800) 711-1712 or register
on-line at www.demandstar.com.
It is the responsibility of the proposer to inform DemandStar.com concerning any changes,
such as new address, telephone number, 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 originally described, or negotiate an
alternative acceptable to the City.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
7
L. SUNSHINE LAW
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 "Govemment in the Sunshine Law".
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 may
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 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.
O. 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 and approved, may result
in forfeiture of that portion of any surety required as liquidated damages to the City; where
surety is not required, such failure may result in a claim for damages by the City and may be
grounds for removing the proposer from the City's vendor list.
RFP NO. 86-99/00
DATE: July26,2000
CITY OF MIAMI BEACH
8
Q. CONFLICT OF INTEREST
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
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. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All proposers are expected to be or become familiar with all City of Miami Beach Lobbyist
laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach
Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
herein, in addition to disqualification of their proposals, in the event of such non-compliance.
S. 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 ofthe
contract. Ignorance of such conditions and requirements resulting from failure to make such
investigations and examinations will not 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.
T. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer 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.
U. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period 006 months from the date of being placed on the convicted
vendor list.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
9
V. CONE OF SILENCE
You are hereby advised that this RFP is subject to the "Cone of Silence", in accordance with
Ordinance No. 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff.
The ordinance does not apply to oral communications at pre-bid conferences, if held, oral
presentations before evaluation committees, contract discussions during any duly noticed
public meeting, public presentations made to the City Commission during any duly noticed
public meeting, contract negotiations with the staff following the award of an RFP, RFQ,
RFLI, or bid by the City Commission, or communications in writing at any time with any city
employee, official, or member of the City Commission unless specifically prohibited. A
copy of all written communications must be filed with the City Clerk. Violation of these
provisions by any particular bidder or proposer shall render any RFP award, RFQ award,
RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall
not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods
or services for a period of one year.
w. DEBARMENT ORDINANCE
Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance
No. 2000-3234 (The City's Debarment Ordinance). Bidders are strongly advised to review
the City's Debarment Ordinance. Debarment may constitute grounds for termination of the
contract, as well as, disqualification from consideration on any City of Miami Beach RFP,
RFQ, RFLI, or bid.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
10
SECTION II - SCOPE OF SERVICES
The City of Miami Beach is seeking proposals for the management and operation of the Colony
Theatre, located at 1040 Lincoln Road, Miami Beach, Florida.
City's Vision Statement: The Colony Theatre should serve as a venue for regional and mid-size cultural
organizations with priority given to the smaller user groups from the South Florida area. The operator should
protect the interest of small, growing and medium size organizations and cultivate programs and their
audiences. The Theatre should also serve as a venue for new and emerging performing arts groups. In so
doing, the operator is expected to further the City's vision statement while maximizing the revenues to the
facility and safeguarding the City's capital investment in the facility through the exercise of high standards
of maintenance and preservation. Furthermore, the operator shall actively solicit, promote or co-promote
performances for the Theatre.
The term of the agreement will be for three (3) years, with two (2) one year renewal options at the
City's sole discretion. Any equipment or facilities required to effectively and efficiently manage and
operate the Colony Theatre shall be furnished by the proposer.
Proposers are hereby advised that the restaurant space adjacent to the Colony Theatre is under a
separate sublease agreement with a non-disturbance and attornment provision. Said restaurant
shares a common area with the Colony Theatre that must be programmed to the mutual benefit of
both parties. The restaurant has been subleased to the Colony Theatre Cafe, Inc. as approved by the
Miami Beach City Commission on October 20, 1999, for a period of six (6) years.
MANAGEMENT
. 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 is a resident manager and is to be
located on site.
. The Resident Manager, provided under this resulting Agreement, shall report and provide
regular reports to the City Manager.
. The manager of the facility, or its representative, shall accept the decisions of the City
representative as binding in matters of contract interpretation providing however that he/she
shall appeal any decision he/she disagrees with, in writing, within thirty (30) days of such
decision, to the City Manager.
. Discussion of any contractual disagreements shall only be between a principal of the
proposer or its designated (in writing) representative and the City.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
II
. The selected Proposer and any persons employed by him, shall have never been convicted
of any offense involving moral turpitude or felony. A list of employees with their Social
Security numbers is to be submitted to the City Manager after award.
. The City shall make periodic inspections of the facilities and equipment to determine that
such are being maintained in a neat and orderly condition and meet the minimum standards
set forth by the City of Miami Beach.
. Proposer will be required to make any improvements in cleaning or maintenance methods
as required by the City.
. The 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.
. The Proposer shall be responsible for, and pay all Federal, County and State taxes arising as
a result of this agreement, including those levied against the City.
OPERATION
All proposers are hereby advised that substantial renovations are scheduled to begin on the Colony
Theatre property during the summer of2001. Said renovations are slated to be conducted in two
phases. The initial phase of the project calls for expanding the back stage and loading areas, bringing
the facility into compliance with American with Disabilities Act (ADA) requirements and adding
new electrical and mechanical features, including but not limited to an elevator for moving heavy
equipment, motorized winches, new energy-efficient lighting and climate-controlled instrument
storage. The second phase of the project calls for erecting a sound-proof barrier between the lobby
and audience areas and restoring the lobby, box office and exterior facade of the facility. It is
estimated that construction will last approximately five (5) to six (6) months.
. The selected proposer shall endeavor to maximize bookings and patronage at the facilities.
. The selected proposer shall endeavor to offer reduced rental rates to all not-for-profit groups whether
or not they are supported through the City's Cultural Arts Grants Program. Booking priority shall
also be considered for not-for-profit performing arts groups. A sliding scale is encouraged.
. The selected proposer shall promote and advertise the venues.
. The selected proposer shall apply and pursue Federal, State, and County grants for capital and
operating expenses.
. The selected proposer shall create a marketing program, in conjunction with area hotels, to promote
the facilities.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
12
. The selected proposer must submit a proposed booking policy and rental rate structure.
. The selected proposer shall provide a statement regarding its organization's philosophy, and its goals
and objectives for the Theatre, with specific attention given to its plan to cultivate use by not-for-
profit performing arts groups.
. The selected prposer shall submit specific information with regard to its fund raising credentials, and
previous experience with the oversight of renovations of similar-sized historic theaters, and
experience in working with not-for-profit performing arts user groups.
. The selected proposer shall submit a table of organization indicating the number of full-time and
part-time staff positions, including their job titles and descriptions.
. The selected proposer shall submit a preliminary budget for the Theatre's operations.
. The selected proposer is hereby advised that negotiations with the City towards finalizing an
agreement will include discussion of establishing a reserve fund to cover maintenance costs and
future upkeep of the Theatre.
. It is the intention of the City that its service be of the highest quality attainable. All areas are
to be kept clean, orderly and sanitary at all times and in strict accordance with the applicable
laws, ordinances, rules and regulations.
. The City shall have the right to reject the character of services and require that undesirable
practices be discontinued or remedied. Failure of the Proposer to take appropriate action
after notification from the City will result in the cancellation of the contract.
. The operator must assure diversification of programming to the various segments of the
community and assure a variety of performances are offered.
. The operator will assure that the facility is rented at a rent comparable to similar size
facilities.
. 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 services to the
lessees, minimizing the cost to the City, increasing the quality of maintenance and security
and maximizing the gross receipts.
. The selected proposer's employees shall, at all times, reflect personal cleanliness. Unshaven,
unkempt and unclean employees shall not be tolerated. 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.
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CITY OF MIAMI BEACH
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. The selected proposer shall not employ any person or persons in or about the property 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.
UNIFORMS AND IDENTIFICATION
All employees must wear clean uniforms, devoid of advertising (unless advertising be approved, in
writing, by the City Manager) and with name badges, worn on the breast pocket at all times and any
other identification as required by the City. 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. Uniforms are subject to approval of the City
Manager.
MAINTENANCE AND REPAIR
The selected Proposer shall be responsible for all janitorial services associated with the operation
of the facilities.
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
Agreement in the same condition in which they were provided to the Proposer, except for normal
wear and tear.
The maintenance of the interior, exterior, and infrastructure of the physical facilities will be
maintained by the selected proposer. Proposals shall clearly indicate whether the Proposer will
assume responsibility for the maintenance of the facilities.
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 his 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 his 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 his authorized representative. Authorized
alterations or additions shall be made at the selected Proposers expense and shall become the
property of the City of Miami Beach at the termination of the Contract Agreement.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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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 their own expense, any equipment provided under the original
agreement, which has been destroyed or damaged, with like equipment.
The selected Proposer shall ensure that there be compliance with the Americans With Disabilities
Act (ADA) during the term of the Agreement, except for infrastructure improvements which the City
will be responsible for.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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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 nurnbered and correspond to the table of contents.
2. Proposal Points to Address:
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.
3. Price Proposal
Proposer must include price which will be paid to the City in rent.
4. Acknowled~ment of Addenda and Proposer Information forms (Section VIII)
5. Any other document req.uired by this RFP. such as a Ouestionnaire or Proposal
Guaranty .
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CITY OF MIAMI BEACH
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B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
1. Proposer's Experience:
Proposer must have three years of experience with the management and operation of these
types of facilities.
2. Manager's Experience:
A comprehensive summary of the experience and qualifications of the individual selected
to serve as the on-site manager at each facility. Individual must have a minimum of five
years' experience in the management and operation of comparably sized facilities of this
type.
3. List of Facilities Previously Managed and Operated:
A list of previously, or currently, managed facilities of similar size and type. Information
should include:
. Name of Facilities
. Address of Facilities
. Name, Address, and Telephone Number of Facilities' Owners
. Size of Facilities (Square Feet, Number of Seats)
. If Facility underwent improvement or rehabilitation during the period
managed and operated, provide details as to type of improvements, costs of
improvements, and construction time period
. Yearly Gross and Net Revenue of Facilities
. List of Bookings at Facilities
. Number of Bookings Each Year at Facilities
. Diversity of Bookings by type of show presented and type of audience
presented to
4. Management:
List the members of the Proposers executive staff. Provide a list of the executive personnel
that will be involved with this project. A resume including education, experience, and any
other pertinent information shall be included for staff member.
AMOUNTS PAY ABLE TO THE CITY
The proposer shall propose an amount to be paid to the City as a fee, including both a percentage of
gross receipts and a minimum monthly guarantee. Said fee shall be paid to the City by the 15th of
each month for the preceding month, and said payment shall be accompanied by a statement of gross
revenue for the preceding month. It is also understood that the applicable Florida State Sales and
Use Tax on payments shall be added by the Proposer to said payments.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
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SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
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 to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems 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 and Operation of the facility.
b. Evidence of in-house booking, promotion and / or co-promotion capabilities to
expand the use of the Colony Theatre.
c. Advertising and Marketing Plan.
d. Professional qualifications/recommendations of the proposer, including prior history
and current operations at other similar facilities.
e. Demonstration of financial stability of the proposer. Attach a financial statement,
balance sheet or assurance that indicates the financial capacity and viability of the
proposer. This statement should be certified by an appropriate corporate official or
by an independent Certified Public Accountant.
f. Resumes outlining the experience, education and performance record of individuals
who would be instrumental in the management and operation of the facilities and
upper-level regional or national management personnel who will have supervisory
responsibility over the facilities.
g. Evidence and confirmation of the capability of the proposer to begin full operations
upon execution of a formal contract.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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h. Other factors which are included in the Scope of Services section and are deemed
pertinent to the selection of the most qualified proposer and in the best interest of the
City.
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.
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 of
time.
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.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, 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 DEFAULT
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 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.
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.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful proposer
of such termination, which shall become effective thirty (30) days following receipt
by proposer of such notice. In that event, all finished or unfinished documents and
other materials shall be properly delivered to the City. If the Agreement is terminated
by the City as provided in this section, the City shall compensate the successful
proposer in accordance with the Agreement for all services actually performed by the
successful proposer and reasonable direct costs of successful proposer for assembling
and delivering to City all documents. No compensation shall be due to the successful
proposer for any profits that the successful proposer expected to earn on the balanced
of the Agreement. Such payments shall be the total extent of the City's liability to the
successful proposer upon a termination as provided for in this section.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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SECTION VI - SPECIAL TERMS AND CONDITIONS
INSURANCE: Successful proposer shall obtain, provide and maintain during the term of the
Agreement the following types and amounts of insurance which shall be maintained with insurers
licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest
edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by
the City's Risk Management Department:
Commercial General Liability. A policy including, but not limited to, comprehensive
general liability including bodily injury, personal injury, property damage in the amount of a
combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence
basis. The City of Miami Beach must be named as additional insured on policy.
Professional Liability (Errors and Omissions Coverage). Minimum of $1 ,000,000
per occurrence.
Worker's Compensation. A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws.
Said policies of insurance shall be primary to and contributing with any other insurance maintained
by Selected proposer or City, and shall name the City and the officers, agents and employees of said
organizations as additional insured while acting within the scope of their duties but only as to work
performed by the Selected proposer under this Agreement. This policy cannot be canceled without
thirty (30) days prior written notice to the City.
The Selected proposer shall file and maintain certificates of all insurance policies with the City's
Risk Management Department showing said policies to be in full force and effect at all times during
the course of the Agreement. No work shall be done by the Architect during any Period when it is
not covered by insurance as herein required. Such insurance shall be obtained from brokers of
carriers authorized to transact insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to commencement of
any work or tenancy under the proposed Agreement.
If any of the required insurance coverages contain aggregate limits, or apply to other operations or
tenancy of Selected proposer outside the proposed Agreement, Selected proposer shall give City
prompt written notice of any incident, occurrence, claim settlement or judgment against such
insurance which may diminish the protection such insurance affords the City. Selected proposer
shall further take immediate steps to restore such aggregate limits or shall provide other insurance
protection for such aggregate limits.
FAILURE TO PROCURE INSURANCE: Selected proposer's failure to procure or
maintain required insurance program shall constitute a material breach of Agreement under which
City may immediately terminate the proposed Agreement.
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
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SECTION VII - ATTACHMENTS
1. Miami Beach Lobbyist Ordinance No. 92-2785
(Division 3 Lobbyist)
2. Miami Beach Ordinance No. 99-6134, "Cone of Silence Ordinance"
(Division 4 Procurement)
3. Miami Beach Ordinance No. 2000-3234, "The City's Debarment Ordinance"
(Division 5 Debarment)
4. Sublease by and between Concert Association of Florida, Inc. and Colony Theatre
Cafe, Inc. for the restaurant space adjacent to the Colony Theatre.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Price Proposal Form
4. Declaration
5. Questionnaire
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
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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 ofthe 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. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
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REQUEST FOR PROPOSALS NO. 86-99/00
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. I, 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. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
26
PRICE PROPOSAL FORM
This proposal shall include a proposed Management Fee for managing and leasing the facility in
accordance with Section II of this RFP. The figure should be expressed as a flat fee or as percent of
lease revenues collected by the Property Manager.
Flat Fee $
or
% of Revenues.
PROPOSER'S NAME:
SIGNATURE:
TITLE:
ADDRESS:
TELEPHONE NUMBER:
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
27
DECLARATION
TO: Lawrence Levy
City Manager
City of Miami Beach, Florida
Submitted this
day of
,2000.
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. 86-99/00
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
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Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a COI:poration. answer this:
When Incorporated:
In what State:
If Foreign 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. 86-99/00
DATE: July 26, 2000
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)
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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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 in 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.)
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals have any association or relationships which
would constitute a conflict of interest, either actual or perceived, with any proposer
and/or individuals and entities comprising or representing such proposer, and in an
attempt to ensure full and complete disclosure regarding this contract, all Proposers
are required to disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The Procurement
Division shall be notified in writing if any person or entity is added to this list after
receipt of proposals.
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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The proposer understands that information contained in this Questionnaire will he relied upon by the City in
awarding the proposed Agreement and such information is warranted by the proposer to be true. The
undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating
to the qualifications ofthe 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 hackground investigation conducted hy 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:
Signature
(General Partner)
(print Name)
(print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
Secretary
(CORPORATE SEAL)
RFP NO. 86-99/00
DATE: July 26, 2000
CITY OF MIAMI BEACH
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DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility
is to recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board,
pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are
entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas
of responsibility.
Commissioners means the mayor and members of the city commission.
Departmental personnel means the city manager, all assistant city managers, all department heads, the city
attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when
acting in connection with administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage
the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any
action, decision, recommendation of any city board or committee; or any action, decision or recommendation
of any personnel defined in any manner in this section, during the time period of the entire decision-making
process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City
Commission, or a City board or committee. The term specifically includes the principal as well as any agent,
attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the
normal scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other
boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board,
special master hearings and administrative hearings shall not be included for purposes ofthis division.
(Ord. No. 92-2777, 99 1,2,3-4-92; Ord. No. 92-2785, 99 1,2,6-17-92)
Cross reference(s)--Definitions generally, 9 1-2.
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every
person required to register shall register on forms prepared by the clerk, pay a registration fee as
specified in appendix A and state under oath:
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DATE: July 26, 2000
CITY OF MIAMI BEACH
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(I) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant to
lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional city commissioner or personnel who
are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms,
although no additional fee shall be required for such amendment. The lobbyist has a continuing duty
to supply information and amend the forms filed throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary
shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons
holding, directly or indirectly, a five percent or more ownership interest in such corporation,
partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue. Such issue
shall be described with as much detail as is practical, including but not limited to a specific description
where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The
city clerk shall reject any registration statement not providing a description of the specific issue on
which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists
shall be required prior to October I of every even-numbered year; and the fee for biennial registration
shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the extent of any
business, financial, familial or professional relationship, or other relationship giving rise to an
appearance of an impropriety, with any current city commissioner or personnel who is sought to be
lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk
into a separate account and shall be expended only to cover the costs incurred in administering the
provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city
manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn
statement of the applicant. Any person who only appears as a representative of a nonprofit corporation
or entity (such as a charitable organization, a neighborhood or homeowner association, a local
chamber of commerce or a trade association or trade union), without special compensation or
reimbursement for the appearance, whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register with the clerk as required by this section.
Copies of registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777, 9 3, 3-4-92; Ord. No. 92-2785, 9 3, 6-17-92)
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Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with the city
who only appears in his official capacity shall not be required to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city commission,
planning board, board of adjustment, or other board or committee and has no other communication
with the personnel defined in section 2-481, for the purpose of self-representation without
compensation or reimbursement, whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register as a lobbyist, including but not limited to those
who are members of homeowner or neighborhood associations. All speakers shall, however, sign up
on forms available at the public hearing. Additionally, any person requested to appear before any city
personnel, board or commission, or any person compelled to answer for or appealing a code violation,
a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not
be required to register, nor shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, 99 4, 5, 3-4-92; Ord. No. 92-2785, 994,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of the
mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain
signed sign-in logs for all non-city employees or personnel for registration when they meet with any personnel
as defined in section 2-481.
(Ord, No. 92-2785, 9 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing
all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even
if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations
filed. All logs required by this section shall be prepared in a manner substantially similar to the logs
prepared for the state legislature pursuant to F.S. 9 11.0045.
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(c) All members of the city commission and all city personnel shall be diligent to ascertain whether
persons required to register pursuant to this section have complied with the requirements of this
division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a
person who is not registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be
in violation of this division. The city attorney shall report the results of the investigation to the city
commission. Any alleged violator shall also receive the results of any investigation and shall have the
opportunity to rebut the findings, if necessary, and submit any written material in defense to the city
commission. The city commission may reprimand, censure, suspend or prohibit such person from
lobbying before the commission or any committee, board or personnel of the city.
(Ord. No. 92-2777, 9 6, 3-4-92; Ord. No. 92-2785, 9 7, 6-17-92)
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DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for qualifications
("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service
provider, bidder, lobbyist, or consultant and the city's professional staff including, but not
limited to, the city manager and his or her staff; and (b) any communication regarding a
particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective
staffs, and any member of the city's professional staff including, but not limited to, the city
manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply
to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds
administered by the city office of community development, and communications with the city
attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone
of silence, the city manager or his or her designee shall provide for public notice of the
cone of silence. The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate a) at the time the city manager makes his or her
written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the
city commission; provided, however, that if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of
silence shall be reimposed until such time as the manager makes a subsequent written
recommendation, or b) in the event of contracts for less than $10,000.00, when the city
manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid
conferences, oral presentations before evaluation committees, contract discussions during any
duly noticed public meeting, public presentations made to the city commissioners during any
duly noticed public meeting, contract negotiations with city staff following the award of an
RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time
with any city employee, official or member of the city commission, unless specifically
prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall
file a copy of any written communications with the city clerk. The city clerk shall make copies
available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider,
bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and
any member of the city's professional staff including, but not limited to the city manager and
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his or her staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid
between the mayor, city commissioners or their respective staffs and any member of the city's
professional staff including, but not limited to, the city manager and his or her staff.
Notwithstanding the foregoing, the cone of silence shall not apply to communications with the
city attorney and his or her staff.
(2) Except as provided in subsections (b )(3) and (b)( 4) hereof, a cone of silence shall be imposed
upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP,
RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or
his or her designee shall provide for the public notice of the cone of silence. The cone of
silence shall terminate a) at the time the city manager makes his or her written
recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city
commission; provided, however, that if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of silence shall
be reimposed until such time as the manager makes a subsequent written recommendation, or
b) or in the event of contracts for less than $10,000.00, when the city manager executes the
contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public
presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (ii) from engaging in contract discussions during any duly noticed public meeting;
(iii) from engaging in contract negotiations with city staff following the award of an RFP,
RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing
with any city employee or official for purposes of seeking clarification or additional
information from the city or responding to the city's request for clarification or additional
information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents.
The bidder or proposer shall file a copy of any written communication with the city clerk. The
city clerk shall make copies available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity
from publicly addressing the city commissioners during any duly noticed public meeting
regarding action on any audit contract. The city manager shall include in any public solicitation
for auditing services a statement disclosing the requirements of this division.
(c) Violations/penalties and procedures. An alleged violation of this section by a particular bidder or
proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall
render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and
said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the
provision of goods or services for a period of one year. Any person who violates a provision of this
division shall be prohibited from serving on a city evaluation committee. In addition to any other
penalty provided by law, violation of any provision of this division by a city employee shall subject
said employee to disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the state attorney
and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, 91,1-6-99)
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED
"PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT",
SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM
CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER;
AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors
from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397.
Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible
contractors only: To effectuate this police, the debarment of contractors from City work may be
undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only when it is in the public
interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in
accordance with the procedures contained in this ordinance.
Section 2-398.
Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other
if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part
controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary
relation which results from the manifestation of consent by one individual to another that the other
shall act on his behalf and subject to his control, and consent by the other so to act; interlocking
management or ownership; identity of interests among family members; shared facilities and
equipment; common use of employees; or a business entity organized by a debarred entity, individual,
or affiliate following debarment of a contractor that has the same or similar management, ownership,
or principal employees as the contractor that was debarred or suspended.
(b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction.
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(c) Contractor means any individual or other legal entity that:
(I) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably
may be expected to submit offers or be awarded a City contract, including, but not limited to
vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business. with the City as an
agent" representative or subcontractor of another contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by
any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a
conviction entered upon a plea of nolo contendere
(e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited
instances specified in this ordinance. a bidder or proposer from City contracting and City approved
subcontracting for a reasonable, specified period as provided in subsection G) below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor
and individual City Commissioners, to evaluate and. if warranted. to impose debarment,
(g) Prepemaellme<: Greater weight of the evidence means proof by information that, compared with that
opposing it , leads to the conclusion that the fact at issue is more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing by competent
authority charging a criminal offense shall be given the same effect as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal
proceeding. The term includes appeals from such proceedings.
G) List of debarred contractors means a list compiled, maintained and distributed by the City's
Procurement Office. containing the names of contractors debarred under the procedures of this
ordinance.
Section 2-399.
List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City
departments, Such List shall be public record and shall be available for public inspection and
dissemination;
(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments. to the Office of the City Manager and to the Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City official responsible
for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory or
regulatory authority;
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(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department recommending the
debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating to each debarment;
(2) Establish procedures to provide for the effective use of the List, including internal distribution
thereof to ensure that departments do not solicit offers from, award contracts to, or consent to
subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses with the
department that recommended the action,
Section 2-400. Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers
from award contracts to, or consent to subcontracts with these contractors unless the City Manager
determines that an emergency exists justifying such action. and obtains approval from the Mayor and
City Commission, which approval shall be given by 517ths vote of the City Commission at a regularly
scheduled City Commission meeting. Debarred contractors are also. excluded from conducting
business with the City as agents, representatives subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
Section 2-401.
Continuation of current contracts.
(a) Commencing on the effective date ofthis ordinance. all proposed City contracts. as well as Request
for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters ofInterest (RFLl). or bids
issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds
for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI.
or bid.
(b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant
to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in
existence at the time the contractor was debarred, the debarment period may commence upon the
conclusion of the contract. subject to approval of same be 517ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current contract or consent to
subcontracts with debarred contractors, unless the City Manager determines that an emergency exists
justifying the renewal or extension or for an approved extension due to delay or time extension for
reasons beyond the contractor's control and such action is approved by 517ths vote of the Mayor and
City Commission at a regularly scheduled meeting.
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(d) No further work shall be awarded to a debarred contractor in connection with a continuing contract
where the work is divided into separate discrete groups and the City's refusal or denial of further work
under the contract will not result in a breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the department shall not consent to subcontracts with such contractors unless the City
Manager determines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision by 517ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses incurred by a
contractor as a result ofrejection of proposed subcontractors pursuant to subsection 2-402(a) above,
provided the subcontractor was debarred prior to bid opening or opening of proposals, where the
contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid.
Section 2-403.
Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any ofthe causes listed
in this ordinance using the procedures outlined below. The existence of a cause for debarment
however, does not necessarily require that the contractor be debarred; the seriousness of the
contractor's acts or omissions and any mitigating factors should be considered in making any
debarment decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-
five (25) percent of the stock, partners, divisions or other organizational elements of the debarred
contractor, unless the debarred decision is limited by its terms to specific divisions, organizational
elements or commodities. The Debarment Committee's decision includes any existing affiliates of the
contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment
and an opportunity to respond. Ftlture llffili!lte3 tlf the eenffat:ttlf Me 3ttbjeet ttl the DeblllMent
Cl5mnlitt'~'3 dc,i3ion.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission of a fraud or a criminal offense in connection with obtaining attempting to
obtain, performing, or making a claim upon a public contract or subcontract or a contract or
subcontract funded in whole or in part with public funds;
(2) For violation offederal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court determines that
the lawsuit between the contractor and the City was frivolous or filed in bad faith.
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(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a bidder or
proposer) based upon a pU:p6!llklllflee the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in
whole or in part by City funds such as failure to perform in accordance with the terms of one
(1) or more contracts as certified by the City department administering the contract; or the
failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more
contracts, as certified by an independent registered architect engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a potential
penalty;
(3) ~\ft) 5th,! 'Mise v.hkh ftffcct.s tll' le;spfin3ibilit) of a Ci~ e;enHfaetoI of 3ttbeontHtet6f in
pCrfOIl1iing Cit, Holk.
Section 2-405. Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at
large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for
debarment, the City Manager shall transmit the 'request to the Mayor and City Commission at a
regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person
or persons who shall be charged by the City Commission with the duty of promptly investigating and
preparing a written report(s) concerning the proposed debarment, including the cause and grounds for
debarment as set forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall forward said report to the
Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee
and, with the assistance of the Cit) aep!l!'tmeId person or persons which prepared the report present
evidence and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received
the request for debarment and written report, the City's Procurement Office, on behalf of the
Debarment Committee shall issue a notice of proposed debarment advising the contractor and any
specifically named affiliates, by certified mail. retum receipt requested, or personal service containing
the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor
and any named affiliates on notice of the conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and time not less
than thirty (30) days after service of the notice. The notice shall also advise the contractor that
it may be represented by an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed debarment,
and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish
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the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If
the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing
or fails to seek an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an
extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its
decision may only be reviewed upon an abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a
debarment procedure nor the sole basis of any determination of debarment. The hearing shall be
transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and
request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there
is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis
of all the undisputed material information in the administrative record, including any undisputed,
material submissions made by the contractor. Where actions are based on disputed evidence, the
Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility
of witnesses, and base its decision on the I'leI'6nt1el'tl:ftel: greater weight of the evidence standard. The
Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within
ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this
period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the
principal causes of debarment as enumerated in this ordinance, identification of the contractor and all
named affiliate: affected by the decision, and the specific term, including duration, of the debarment
imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager shall give the
contractor and any named affiliates involved written notice by certified mail, return receipt
requested, or hand delivery, within ten (10) working davs of the decision, specifying the
reasons for debarment and including a copy of the Committee's written decision; stating the
period of debarment, including effective dates; and advising that the debarment is effective
throughout the City departments.
(2) If debarment is not imposed, the City Manager shall notify the contractor and any named
affiliates il'l.6l,ed ,by certified mail. return receipt requested. or personal service, within ten
(10) working days of the decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice
is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the
Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment
decision in accordance with the Florida Rules of Appellate Procedure.
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Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee.
Debarment shall be for a period commensurate with the seriousness of the cause(s), and where
applicable, within the guidelines set forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission ofan offense as described in subsection 2404(a)(54): two (2) to five (5) years.
(5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5)
years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the
contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarrnentdebarred contractor's written request shall contain the reasons for requesting a reduction
in the debarment period, The City's Procurement Office, with the assistance of the affected department
shall have thirty (30) davs from receipt of such request to submit written response thereto. 'fhe
d"i3ioI.l of1hc DcbMIucnt Conl1uittGc n:gmding a l'-qtlCJt made: unocr thi.3 .3ttbJcetion i3 :finttl and no11
!lJ'I'cmllbk.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions ofthis ordinance shall become and be made a part of the Code of the City of Miami Beach,
Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the
word "ordinance" may be changed to "section", "article," or other appropriate word.
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SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the.1rd day ofMarch,2000.
PASSED and ADOPTED this ~day of February.2000.
T:\AGENDA \2000IJUL2600IREGULARICY869900.RFP 07120/00.3
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COMMERCIAL LEASE AGREEMENT
I. Parties. This Lease is made effective as at the :)(,t~ day of October, 1999
between CONCERT ASSOCIATION OF FLORJDA, INC. ("Landlord") and COLONY THEATER CAFE,
INC., a Florida corporation ('Tenant").
2. Demised Premises. Subject to the terms and provision of this Lease, Landlord
hereby leases to Tenant and Tenant hereby leases from Landlord, a portion of the Colony Theater located at
1040 l.incoln Road (Lenox Avenue and Lincoln Road), Miami Beach, Florida (the "Building") consisting of
space as tollows:
(a) approximately eight hundred (800) square feet restaurant space adjacent to the
Colony Theater;
(b) Rear storage room above cafe only when shows are not in process; (excess
equipment in this room not being utilized by Landlord may be removed, but this area must be padlocked
every evening with a key provided to the Colony Theater Technical Director); Front storage room must be
kept clean of all cafe equipment as it is to be utilized by the Colony Theater staff only.
(c) bar extending between the cafe and Colony Theater lobby; and
(d) seating area in the Colony lobby
(the IlPremises"),
3, Use of Premises.
3.1 Permitted Use and Business Name. The Premises shall be used and
occupied only as a restaurant/cafe, This Lease shall be contingent upon Tenant obtaining an alcoholic
beverage license and being able to serve liquor, beer and wine,
3.2 Hours of Business and Continuous Occupancy.
continuously occupy and utilize the premises during the term of this Lease.
Tenant shall
3.3 Opening and Continuous Occupancy. The Tenant shall continuously,
actively and diligently carry on the business specified in Section 3.1 on the whole of the Premises during the
term, during such hours and upon such days as are herein required, except when prevented from doing so by
force majeure. The Tenant acknowledges that its continued occupancy of the Premises and the regular
conduct of its business therein are of utmost importance to the Landlord. The Tenant acknowledges that the
Landlord is executing this Lease in reliance thereupon and that the same is a material element inducing the
Landlord to execute this Lease.
3.4 Tenant's Covenants as to Use and Occupancy. Tenant shall exercise
reasonable care in its use of the Premises or Building and shall not do or permit anything to be done in or
about the Premises or Building, nor bring nor keep anything in the Premises or Building which will in any
way affect the fire or other insurance upon the Building, or any of its contents, or which shall in <my way
conflict with any statute, ordinance, rule, regulation, order, law or other requirement (collectively the
"Laws II) affecting the occupancy and use of the Premises or Building, which is now, or may hereafter be,
enacted or promulgated by any public authority. Tenant recognizes that the use of the Premises is an adjunct
to the use of the Colony Theater as a theater and must, at all times, be compatible with the operation of the
Colony Theater and sensitive to the needs and requirements thereof. Tenant shall not obstruct or interfere
with the rights of other occupants of the Building, or injure or armoy them. Tenant shall not use, or allow the
Premises to be used, for any illegal purpose or purpose constituting a public or private nuisanl:e or for
sleeping purposes, and nothing shall be prepared. manufactured, or mixed in the Premises which would emit
an odor and/or fumes of any type into or around the Theater. nor will the Tenant permit any noise levels to
emanate from the Premises that will interfere with any other occupant of the Building. Tenant shall
promptly comply with and execute all of the aforesaid. and any Laws and all rules, orders and reasonable
regulations of the Southeastern Underwriters Association for the prevention of fires, at Tenant's own cost
and expense. At all times during the term of this Lease and any extensions or renewals thereof, Tenant shall,
at its expense, obtain and maintain all permits, licenses and other governmental authorizations which are
necessary for the operation of its business in accordance with Section 3.1.
3.5 Lobbv Use. The Colony lobby may not be used to store any cafe equipment,
freezers, food Or office supplies. All cafe materials must be stored in the cafe, behind the cafe bar or in the
upstairs storage room. The small lobby bar must remain accessible for Renters to use for T-shirt, music or
other sales approved by the Theater management. Renters are not permitted to sell or serve any food or
beverages in the premises, except for Renters that have sponsors or product underwriters who may serve
food or beverages at no charge. Renters shall be limited to persons or entities renting the theater for
performances.
During a performance, the only cafe transactions to be conducted in the Colony
lobby are the selling of concession food, and/or beverage service to Colony patrons. Any other food or bar
service from one hour prior to advertised curtain time is limited to the cafe premises only. From one hour
prior to curtain, the sound system in the cafe must be turned to a minimal until the performance conclusion.
When a performance is in session, the cafe partition must remain closed and
blocked off with stanchions. All restaurant patrons and employees must use the cate restroom during this
time, but may use the Colony Theater restrooms at such other times and l.mder such circumstances as are
reasonably agreed to by the Theater management, considering security matters, among other things.
Notwithstanding the foregoing, in the event Tenant requires the use of such Colony Theater restrooms in
order to comply with code requirements, Tenant and Tenant's patrons and employees shall have the right to
use the Colony Theater restrooms so long as such use does not conflict with any performances in progress or
create a problem with restaurant patrons attempting to gain access to the Theater auditorirun. It is the
intention of the parties that tenant will not need to construct any bathrooms for the operation of its business
at the Premises.
Tenant, at Tenant's option and expense, may construct a glass wall and door in the lobby
to separate the lobby area from the Theater area in order to minimize noise levels.
Landlord agrees to use its best efforts to have Tenant reimbursed for the cost of such
wall and door from restoration grants to be applied for.
3.6 Outside Theater Use. Tenant is granted the right to ulilize the space outside of
the Building to the extent permitted by law, without additional charge by the Landlord. However, no such
use shall interfere with the operations of the Theater, the box office, or in any way interfere with the normal
and appropriate access, ingress and egress of our Theater patrons.
4. Tenn. The term of this Lease shall be for a period of six (6) years commencing
on the execution by both parties of this Lease and ending on the 6th anniversary thereafter.
5. Rent. As rental for the lease of the Premises, Tenant shall pay to Landlord, at
Landlord's address set forth in Paragraph 15 hereof, for the initial term of this Lease, base rent ("Base Rent")
in the monthly amount of FOUR THOUSAND and 00/100 ($4,000.00) DOLLARS. All rent during the term
of this Lease shall be due on the first day of each calendar month during the ternl of this Lease, free from all
claims, demands or setoffs against Landlord of any kind or character whatsoever. If the term of this Lease
shall begin or terminate On other than the first or last day respectively of a calendar month, all rent and other
charges accruing under this Lease for such portion of the partial calendar month shall be apportioned and
paid on the basis of a thirty day month. In the event any installment of Base Rent or other charges accruing
under this Lease is not paid within ten (10) days of the due date, a late charge of five percent (5%) of the
delinquent sum may be charged by Landlord. If any installment of Base Rent or other charges accruing
under this Lease remain overdue for more than twenty (20) days, an additional late charge in an arnoWlt
equal to 1-1/2% per month or part thereof (18% per annum) of the delinquent arn01.mt may be charged by
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Landlord, such charge to be computed for the entire period for which the anloWlt is overdue. All late
charges shall be due immediately upon demand by Landlord without set-off or defense.
5. I Base Rent Increases. The Base Rent shall be increased annually
commencing on the first anniversary date of each Lease and shall be adjusted annually on each anniversary
date of each year thereafter, (the "Change Date") by an amOWlt equal to any increase in the cost of living as
reflected by the United States Department of Labor, Consumer Price Index for All Urban Consumers: U.s.
Southern City Average, as applicable to Miami, Florida all items (1982-84 ~ 100) (hereinafter referred to as
the "Index"). Such adjustment shall be accomplished by multiplying the then current annual rent by a
fraction, the numerator of which shall be the Index for the month which is three (3) months prior to the
Cbange Date for which such adjustment is to be made, and the denominator of which fraction shall be the
corresponding monthly index for the same month of the preceding calendar year. In the event such Index
shall be discontinued with no successor or comparable successor Index, Landlord shall select a reasonable
substitute index. In no event shall the Base Rent, as adjusted from time to time, be decreased at any time
during any Lease or Option year.
Such rent always being paid in advance in equal monthly installments on the first
day of each month. A lease year shall be each period of 12 calendar months beginning on the date of the
signing of this Lease by both parties.
5.2 Pavment of Rent. Tenants rent shall be payable on the following
schedule:
Monthly in advance commencing ninety (90) days after the execution of this Lease by
the Tenant, Landlord and Owner, it being the intention that the Tenant shall have three (3) months
occupancy without paying rent.
6. Sales Tax. All payments of Base Rent and any other charges arising under tbis
Lease shall be considered to be rent and shall be paid by Tenant together with applicable Florida Sales Tax,
and any other tax on rent payments that may be imposed by any governmental agency or authority,
excluding income taxes.
7. Improvements and Delivery of Possession. Tenant acknowledges that Tenant
has inspected the Premises and Tenant is accepting the same in "as is" condition. No representations except
those expressly contained herein have been relied on by Tenant with respect to the condition, design,
amenities of the Building or Premises. Tenant will make no claim against Landlord on accowlt of any
representation of any kind, whether made by any renting agent, broker, officer or other representative of
Landlord or which may be contained in any advertisement relating to the Building unless such representation
is specifically set forth in this Lease. Notwithstanding anything to the contrary contained in this Lease
(including, without limitation, Section 3.4), the obtaining and maintenance of all permits, licenses, zoning
and governmental authorizations required for Tenant's occupancy or business operations shall be Tenant's
sole responsibility and at Tenant's sole cost and expense and, except as to the alcoholic beverage license in
no case shaH the obtaining or maintenance of such be a condition to Tenant's obligations hereWlder.
8. Assignment and Subletting. Tenant shall not assign, mortgage, pledge, or
hypothecate this Lease, or any interest therein, nor shall Tenant pennit the use of the Premises by any person
or persons other than Tenant, nor shall Tenant sublet the Premises, or any part thereof. Any sale of stock of
Tenant (if a corporation), assignment of partnersbip interest (if a partnership), assignment of beneficial
interest (if a trust), or other device which has the effect of transfening the practical benefits of this Lease
from the parties currently controlling Tenant, shall be a prohibited transfer and will be considered a default.
Tenant may, however, transfer stock or other ownership indicia between present stockholders or partners
upon written notice to Landlord without it being deemed an assigmnent for the purposes of this paragraph.
Tenant shall furnish Landlord with the names of its Stockholders, if applicable, upon execution of this Lease.
9. Condition of Demised Premises: Maintenance and Reoairs.
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9.1 Notwithstanding anything herein to the contrary, the
Tenant recognizes that the Colony Theater is scheduled to undergo a major restoration during the term of this
Lease and agrees to cooperate and understands that such restoration will result in inconveniences to the
Tenant, none which should prohibit the Tenant from continuing with the operation of its business. Should
the Tenant be precluded from operating its business during such periods, the Landlord will endeavor to
restrict such times to the summer months, and Tenant's rent shall be abated during such periods. Further, in
the event of a restoration of the facade and/or lobby of the Colony Theater, the space allocated to the Tenant
in the present lobby, as the existing barl may be relocated, at Landlord's expense, however the space in the
lobby currently used for restaurant seating may be reoriented as lobby space and may be discontinued for
restaurant use, moved or even eliminated, and such action shall not give rise to any cause of action or claim
for rent reduction or otherwise by the Tenant for any reason. However, such renovation shall not in any way
restrict the use of the two (2) Colony Theater bathrooms (or replacements thereof) by Tenant and Tenant's
employees and customers. Landlord represents that the two (2) Colony Theater bathrooms are in compliance
with all code and handicap requirements for use for the Colony Theater or, if not in compliance, it will be
Landlord's responsibility, at Landlord's expense, to bring the bathrooms up to code and in compliance with
handicap requirements if required by any governmental authority.
10. Alterations, Additions or Imorovements. Tenant shall not conunence any work
or make or allow any other repairs, replacements, additions or modifications to the Premises (collectively the
"Alterations") without the Landlord1s prior written approval, All such work, if allowed, shall be perfomled:
(i) at the sole cost of the Tenant; (ii) by licensed contractors and subcontractors and workmen approved in
writing by the Landlord; (Hi) in good and workmanlike manner; (iv) in accordance with the drawings and
specifications approved in writing by the Landlord; (v) in accordanee with all applicable laws and
regulations; (vi) subject to the reasonable regulations, supervision, control and inspection of the Landlord;
and (vii) subject to such indemnification against liens and expenses as the Landlord reasonably requires, If
any alterations would affect the structure of the Building or any of the electrical, plumbing, mechanical, gas,
water, heating, ventilating or air conditioning systems or other base Building systems, such work shall be
performed by licensed contractors and architects and engineers, as reasonably required by the Landlord,
Plans shall be submitted to Landlord in advance and shall be subject to Landlord's approval. If such plans
contemplate work affecting the structure or any base systems, Landlord may employ a consulting architect
and/or engineer as Landlord reasonably may require to evaluate such plans and/or construction, and any
expenses or fees incurred by the Landlord shall be reimbursed or paid by Tenant upon presentation.
Notwithstanding the foregoing, Tenant may construct or remodel the Premises during
the term of this Lease without Landlord's prior consent so long as such construction or remodeling is to the
interior of the Premises, is non-structural and is in the W'ea East of the partition only and not in the Lobby,
Upon installation, all alterations such as walls, ceilings, and any fixtures shall
become the property of Landlord and shall remain upon and be surrendered with the Premises. Tenant shall
have no right or power to create mechanics' liens on the Premises, Building, underlying property, or attached
fixtures and shall so advise any suppliers of material or labor for work on the Premises.
II. Damage by Fire or Other Cause.
I I. I If the Demised Premises shall be partially damaged by fire or other cause
without the fault or neglect of Tenant, Tenant's servants, employees, agents, visitors or licensees, such
danlages shall be repaired by and at the expense of Landlord and the base minimum rent and Tenants share
of operating costs, WItH such repairs shall be made, shall be abated according to the part of the Demised
Premises which is usable by Tenant. However, if such partial damage is due to the fault Or neglect of
Tenant, Tenant's servants, employees, agents, visitors or licensees, without prejudice to any other rights and
remedies of Landlord and without prejudice to the rights of subrogation of Landlord's insurer, the damages
shall be repaired by Landlord but there shall be no apportionment or abatement of rent. No penalty shall
accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord
and for reasonable delay on account of "labor troubles", or any other cause beyond Landlord's control.
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Tenant shall give immediate notice to Landlord in case of fire in the Demised Premises. Notwithstanding
the foregoing, if the Demised Premises are totally or substantially damaged or are rendered wholly or
substantially untenantable by fire or other cause, and if Landlord shall decide not to restore or not to rebuild
the same, or if 50% or more of the Building shall be so damaged (whether or not the Demised Premises have
been damaged), or if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild
it (whether or not the Demised Premises have been damaged), then, or in any of such events, Landlord may,
within forty five (45) days after such fire or other cause, give Tenant a notice in writing of such decision
(which notice shall be given as herein provided), and thereupon the term of this Lease shall expire by lapse
of time upon the third day after such notice is given. and Tenant shall vacate the Demised Premises and
surrender the same to Landlord. I Upon the termination of this Lease under the conditions provided for in
the sentence immediately preceding, Tenant's liability for rent shall cease as of the day following the
casualty. In no event shall the Landlord be liable to the Tenant for damages for the casualty, cause thereof,
or tennination of the Lease. If the damage or destruction be due to the fault or neglect of Tenant, the debris
shall be removed by, and at the expense of, Tenant and, if Tenant shall fail to remove same, such removal
may be done by Landlord at the expense of Ten ant.
11.2 No damages, compensation or claims shall be payable by Landlord for
inconvenience, loss of business or armoyance arising from any repair or restoration of any portion of the
Demised Premises or of the Building. Landlord shall use its best efforts to effect such repairs promptly and
in such marmer as not unreasonably to interfere with Tenant's occupancy.
12. Entry and Inspection. Tenant will permit Landlord and its agents to enter the
Premises at all reasonable times for the purpose of examining or inspecting the same, or for the purpose of
protecting Landlord's reversions, or to make alterations, repairs, or additions to the Premises or to any other
portion of the Building, or for maintaining any service provided by Landlord to tenants in the Building, or
for the purpose of removing placards, signs, fixtures, alterations or additions which do not confom) to this
Lease or the rules and regulations of the Building, or for any other purpose which Landlord reasonably
deems necessary for the safety, comfort or preservation of the Premises or Building. Tenant will pennit
Landlord at any time within six (6) months prior to the expiration of this Lease to bring prospective tenants
upon the Premises for purposes of inspection and to put or keep upon the doors or windows thereof a "For
Rent" and/or "For 8a1et! notice. In furtherance of such rights, Landlord shall retain a key to the Premises and
Tenant shall not install any new locks to the Premises without the prior written consent of Landlord and
unless Tenant furnishes Landlord with a copy of such key. No entry pursuant to this Paragraph shall in any
way be deemed a breach ofthe covenant of quiet enjoyment.
13. Indemnity. Except in the event of Landlord's gross negligence or intentional
acts, Landlord shall not be liable to Tenant, Tenant's agents, employees, or invitees for any injury or damage
that may result to any person or property (including, without limitation, any of Tenant's property) by or from
any cause whatsoever, including, without limitation, any act or omission of any co-tenant or occupants of the
Building or of any other entity or person whomsoever (without limiting the generality of the foregoing,
whether caused by gas, fire, oil, electricity, bursting of pipes or defective construction or maintenance) in, on
or about the Premises, or any part thereof, and Tenant covenants not to bring or abet any such action. Tenant
agrees to indemnifY, defend and hold Landlord and its officers, directors, agents and employees harmless
from and against any and all claims, liabilities, costs or expenses whatsoever (including attorneys' fees and
court costs at all tribunal levels) for any injury or damage to any person or property whatsoever arising from
any occurrence at the Premises occasioned by any act or omission of Tenant, its agents, contractors,
employees, or invitees..
14. Utilities and Services. Electricity is billed to Landlord and there is an internal
meter to monitor montWy electric consumption to Tenant thus Landlord will bill Tenant for its portion of the
electricity. Garbage is $590.20 per month for a 5 day week pick-up and the Landlord uses $233.70 two days
a week so the Tenant will pay the difference. Water consumption will be billed by the Landlord and will be
split 50/50. The cost and performance of janitorial, telephone, and security service for the Premises shall be
Tenant's sole responsibility. Landlord shall not be liable to Tenant for any interruption in the service of any
utility. No interruption or failure of such utilities or services shall relieve Tenant from the obligation to pay
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the full amount of rent and other charges herein reserved, nor shall the same constitute a constructive or other
eviction of Tenant unless caused by the Landlord.
15. Notices. All notices required or permitted to be given under this Lease by either
party to the other shall be given in writing and shall be given by personal delivery or by registered or
certified mail, return receipt requested, or by Federal Express, postage prepaid, sent to Landlord c/o Concert
Association of Florida, Inc., 55 17th Street, Miami Beach, FL 33139 or at such other place and to such
other person as Landlord may from time to time designate in writing. Any notice to be given to Tenant under
this Lease, if given by registered or certified mail or Federal Express, as above provided, shall be sent to
Tenant, with a copy to Betty M. Capote, Esq., 1101 Brickell Avenue, 17th floor, Miami, Florida 33131.
Notice given by personal delivery shall be effective as of the date of delivery; notice mailed shall be effective
as of the third day (not a Saturday, Sunday or legal holiday) next following the date of mailing; notice by
Federal Express shall be effective on the next business day following the date of sending.
16. Default. Tenant covenants and agrees that any of the following events shall be a
default under this Lease: (i) if Tenant or any guarantor of any of Tenant's obligations hereunder shall fail to
perform or observe any covenant, condition or agreement to be perfonned or observed by such party
hereunder or under any guaranty agreement; or (ii)ifTenant or any guarantor of any of Tenant's obligations
hereunder shall cease doing business as a going concern, make an assignment for the benefit of creditors,
admit in writing its inability to pay its debts as they become due, become insolvent (Le., greater liabilities
than assets), or take any action looking to its dissolution of liquidation; or (Hi) if Tenant or any guarantor of
Tenantts obligations should file for relief, or have filed against them, an action under any provision of any
state or federal bankruptcy or insolvency law; (Iv) if Tenant shall abandon or vacate the Premises; (v) if
Tenant fails to pay all charges for gas, sewer, electricity and other utilities which are separately metered for
the Premises within fifteen (IS) days after such are due; or (vi) if Landlord detemlines, in its reasonable
discretion, that unpleasant noises or odors emanate from the Premises and Tenant does not eliminate such
noises and odors permanently within five (5) days after written notice from Landlord, then, in the event of
any such default, Landlord may, at its option, elect any of the following remedies:
(a) Re-take and recover possession of the Premises, terminate this Lease, and retain
Tenant's security deposit.
(b) Re-take and recover possession of the Premises, without terminating this Lease,
in which event Landlord may re-rent the Premises as agent for and for the account of
Tenant and recover from Tenant the difference between the rental herein specified and
the rent provided in such reMrental including, without limitation, attorneys' fees.
(c) Permit the Premises to remain vacant in which event Tenant shall continue to be
responsible for all rental and other payments thereunder.
(d) Re-take and recover possession of the Premises, and accelerate and collect all
rent due hereunder for the balance of the term of this Lease.
(e) Take any other action as may be permitted under applicable law.
Except as provided in paragraph (vi) above, the remedies available to Landlord in the
event of Tenant's default shall not be available to it, in the event of non-monetary defaults only, until after
Landlord has delivered written notice of such default to Tenant and Tenant has failed to cure same within
fifteen (15) days after receipt of such notice, or has undertaken such cure, assuming that same cannot be
completed within the 15 day period.
All of the Landlord's remedies contained in this Lease shall be cwnulative and election
by Landlord to take anyone remedy shall not preclude Landlord from taking any other remedy not by its
nature absolutely incompatible with any previously or contemporaneously elected remedy.
17. Attorneys' Fees and Costs. Prevailing party shall be entitled to recover all costs,
including reasonable attorneys' fees at all tribunal levels, incurring by such party in enforcing this Lease or
any covenant hereof or in the collection of any rent, or other sum of money, becoming due herelUlder or in
the recovery of possession of the Premises, in the event of the breach by Tenant of any of the terms or
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provisions of this Lease, or any other dispute between the parties relating to the interpretation or enforcement
of this Lease.
18. Non-Waiver of Breach. Landlord's failure to take advantage of any default or
breach of covenant on the part of Tenant shall not be construed as a waiver thereof, nor shall any custom or
practice which may grow between the parties in the course of administering this Lease be construed or to
waived or to lessen the right of Landlord to insist upon the strict performance by Tenant of any term,
covenant or condition hereof, or to exercise any rights of Landlord on acCOWlt of any such default. A waiver
of a particular breach or default shall not be deemed to be a waiver of the same or any other subsequent
breach or default. The acceptance of rent herellDder shall not be, or be construed to be, a waiver of any
breach of any term, covenant or condition of this Lease. The presentation of any rent or other charge
hereunder in the form of a check marked by Tenant to constitute a waiver of any default shall not constitute
such waiver even though endorsed and cashed by Landlord unless Landlord expressly agrees to waive such
default by separate written instrument. No surrender of the Premises for the remainder of the teml hereof
shall operate to release Tenant from liability hereunder.
19. Subordination. Attornment and Non-Disturbance This Lease and Tenant's rights
hereWlder, are hereby made expressly subject and subordinate to any and all security agreements, mortgages,
ground or underlying leases, or like instruments resulting from any financing or refinancing affecting the
Premises or Building which are currently in existence or which may hereafter be created by Landlord, or its
successors or assigns. including any and all extensions and renewals, substitutions, and amendments thereof,
and to any and all advances made or to be made under same (collectively the tlMortgageU). Tenant agrees to
execute any instrument or instruments which the Landlord may deem necessary or desirable to further
evidence the foregoing subordination. Tenant agrees that in the event of any act or omission by Landlord
which could constitute a default by Landlord or give Tenant the right to terminate this Lease or claim a
partial eviction, Tenant shall not exercise any such right WltH (i) Tenant notifies Landlord in writing of such
default and Landlord fails to cure such default within fifteen (I5)days of such notice. This Lease is
subordinate and subject to all of the terms and conditions of the Lease between the Landlord, as Lessee, and
the City of Miami Beach (the "Owner") dated September 27, 1994, as amended and extended, (the "Master
Lease"). The Owner, by its joinder herein, agrees for itself and on behalf of any future tenant that so long as
Tenant is not in default under this Lease this Lease shall remain in full force and effect and the Tenant shall
not be disturbed and in the event the Master Lease is terminated, Owner shall succeed to the interest of
Landlord under this Lease, and the Tenant agrees to attorn to the rights of the Owner or any future lessee of
the Owner so long as the rights of the Tenant are not affected, it being the intention that the Tenant shall
have and remain with all of the rights, obligations, tenus and conditions of this Lease in full force and effect
during the entire term of this Lease, including any option periods. notwithstanding any change in the
Landlord. Upon the termination of the Master Lease with the Owner, the Landlord shall be released from
any further liability or responsibility to the Tenant so long as Owner assumes such liability and responsibility
and the Tenant agrees to look to the Owner or substituted Landlord exclusively for all matters.
20. Time. It is Wlderstood and agreed between the parties hereto that time is of the
essence of this Lease, and to all of the terms, conditions and provisions contained herein. any time period
herein described of ten (10) days or more shall mean calendar days; less than ten (10) days shall mean
business days.
21. Sublease. This is a Sublease. The Landlord's interest in the Premises is as
Lessee under the Master Lease between it and the City of Miami Beach dated September 27, 1994, as
amended and extended, a copy of which initialed for identification, is attached hereto. This Sublease is
expressly made subject to all the terms and conditions of the Master Lease. The Lessee shall use thehPremises in accordance with the terms of the Master Lease and not do or omit to do anything which will
breach any of its terms. The Tenant shall asswne the obligation for performance of all the Landlord' s
obligations under the Master Lease regarding and restricted to the Premises leased hereby, excluding
paragraphs 22 and 28 thereof, and Landlord shall assume the obligations for performance of Owner's
obligations under paragraph 9 thereof.
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22. Amendment of Lease. This Lease may not be altered, changed, or amended,
except by an instrument in writing, signed by the party against whom enforcement is sought. 1bis Lease and
any exhibits contain the entire agreement reached in all previous negotiations between the parties hereto and
there are not other representations, agreements or understandings except as specifically set forth herein.
23. Condemnation.
23.1 In the event that the whole of the Demised Premises shall be condemned
or taken in any manner for any public or quasi-public use, this Lease and the term and estate hereby granted
shall forthwith cease and terminate as of the date of vesting of title. In the event that only a part of the
Demised premises shall be so condemned or taken, then effective as of the date of vesting of title, the base
minimum rent hereunder for such part shall be equitably abated and this Lease shall continue as to such part
not so taken; provided, however, that if Tenant shall, in its reasonable judgment, decide that its business is
not economically viable as a result of such taking, Tenant shall have the right to terminate the Lease. In the
event that only a part of the Building shall be so condemned or taken, then (a) if substantial structural
alteration or reconstruction of the Building shall, in the reasonable opinion of Landlord. be necessary or
appropriate as a result of such condemnation or taking (whether or not the Demised Premises be affected),
Landlord may, at its option, terminate this Lease and the term and estate hereby granted as of the date of
such vesting of title by notifying Tenant in writing of such termination within 60 days following the date on
which Landlord shall have received notice of vesting of title, or (b) if Landlord does not elect to terminate
this Lease, as aforesaid, this Lease shall be and remain unaffected by such condemnation or taking, except
that the base minimum rent shall be abated to the extent, if any, hereinbefore provided. In the event that only
a part of the Demised Premises shall be so condemned or taken and this Lease and the term and estate hereby
granted are not terminated as hereinbefore provided, Landlord will, at its expense, restore with reasonable
diligence the remaining structural portions of the Demised Premises as nearly as practicable to the same
condition as it was in prior to such condemnation or taking.
23.2 In the event of termination in any of the cases in this Article provided,
this Lease and the term and estate hereby granted shall expire as of the date of such termination with the
same effect as if that were the date hereinbefore set for the expiration of the tenn of this Lease. and the base
minimum rent hereunder shall be apportioned as of such date.
23.3 In the event of any condemnation or taking of all or part of the Building
or the Demised Premises, Landlord shall be entitled to receive the entire award in the condemnation
proceeding. including any award made for the value of the estate vested by this Lease in Tenant, and Tenant
hereby expressly assigns to Landlord any and all right. title and interest of Tenant now or hereafter arising in
or to any such award or any part thereof, and Tenant shall be entitled to receive no part of such award.
Notwithstanding the foregoing, Tenant may file a claim and receive a separate award for the unamortized
value of its leasehold improvements, personal property and fixtures, business dislocation damages. and all
expenses involved in relocation.
24. Surrender of Demised Premises. Tenant agrees to surrender the Premises and the
Inventory at the tennination of the tenancy herein created in the same condition as received by Tenant,
reasonable use and wear thereof excepted.
25. Holding Over. In case of holding over by Tenant after expiration or tennination
of this Lease, Tenant will pay for each month of such holdover period double the amount of the rent and
other charges accruing for the last month during the term of this Lease. No holding over by Tenant after the
term of this Lease shall operate to extend the Lease, except that any holding over with the consent of
Landlord in writing shall thereafter constitute this Lease as a month to month tenancy.
26. Interoretation. The parties hereto intend that the interpretation and enforcement
of this Lease be governed by the laws of the State of Florida. If there is more than one Tenant, the
obligations hereunder imposed upon Tenant shall be joint and several. The words "Landlord" and "Tenant"
shall also extend to and mean the successors in interest of the respective parties hereto although this shall not
zina/caof/ colonlse.doc
-8-
be construed as conferring upon the Tenant the right to assign this Lease or sublet the Premises or confer
rights of occupancy upon anyone other than Tenant. All charges due from Tenant to Landlord hereunder,
including, without limitation, any charges against Tenant by Landlord for services or work done on the
Premises by order of Tenant, except sales tax, shall be deemed additional rent, shall be included in any lien
for rent, and shall be paid (including sales tax) without setoff or defense of any kind. lIDs Lease has been
fully negotiated and reviewed by the parties and their counsel and is the work product of both Landlord and
Tenant; it shall not be more strictly construed against either party.
27. Ouiet Enioyment. Tenant shall and may peaceably have, hold and enjoy the
Premises subject to the terms of this Lease and provided Tenant pays the rental herein reserved and performs
all the covenants and agreements herein contained. However, this covenant shall be subject to the tenns of
the underlying Lease and of any mortgages which may now or later affect the Premises.
28. Estoppel Certificate. Within five (5) days after request therefor by Landlord,
Tenant shall deliver to Landlord, in a form satisfactory to Landlord, a certificate certifYing (i) the good
standing and absence of default under this Lease; (ii) the absence of set-offs to charges hereunder; (iii) the
validity and completeness of a copy of this Lease and all amendments to be attached to the certificate; (iv)
the amount of pre-paid rent; (v) the amount of security deposit; (vi) the commencement and expiration dates
hereof; (vii) the dates and amounts of the last made and next due rental installments; and (viii) such other
matters as Landlord shall request.
29. ~. Except with the prior written consent of Landlord, the Tenant shall not
erect, install, display, inscribe, paint or affix any signs, lettering or advertising mediums, in, upon, or above
any exterior or interior portion of the Premises including, without limitation. the storefront as well as the
exterior glass surfaces thereof. Nevertheless, it is contemplated that signage will be allowed by the
Landlord, in keeping with Landlord's building standards in Landlord's sole and uncontrolled discretion, and
in keeping with a first class artslbusiness district and the design of the Colony Theater.
30. Parkin~. Tenant shall be responsible, at Tenant's sole cost and expense, for the
payment of all parking, impact or other fees. if any. related to Tenant's use or occupancy of the Premises or
Building.
3 I. All attachments and exhibits to this Lease shall be considered a part hereof.
32. Brokera2e. The parties represent and warrant to each other that there are no
brokers involved in this Lease transaction and agree to indemnify, defend and hold harmless the indemnified
party from and against all costs, claims, liabilities, expenses or damages of any kind whatsoever (including
but not limited to attorneys' fees and costs at all tribunal levels) arising from any such brokerage claim made
against the indemnified party by anyone claiming a commission or fee of any kind as a result of actions by
the indemnifYing party.
33. Recordin~. Landlord may record a short form of memorandum (the
"Memorandum") of this Lease. Within five (5) days of written request by Landlord, Tenant shall execute
Landlord's form Memorandum and promptly return such to Landlord for recordation.
34. Authority. Tenant and person signing on behalf of Tenant have full right and
authority to enter into this Lease. and each of the persons signing on Tenant's behalf are authorized to do so.
In addition, Tenant warrants that it is not' necessary for any other person. firm, corporation, or entity to join
in the execution of this Lease to make the Tenant's execution complete, appropriate and binding.
35. Severability. Inapplicability, invalidation, or unenforceability of anyone or
more of the provisions of this Lease or any instrument executed and delivered pursuant hereto, by judgment,
court order or otherwise, shall in no way affect any other provision of this Lease or any other such
instrument, which shall remain in full force and effect.
zinalcaof/colonlse.doc
-9-
36. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your COlU1ty public health
unit.
37. Rules and Regulations. The rules and regulations as may be hereafter adopted by
Landlord for the safety, cleanliness and operation of the Building and the preservation of good order therein
and for the most efficient use by all tenants, agents, employees, invitees and visitors of the automobile
parking spaces provided by Landlord, if any, are expressly made a part of this Lease and Tenant agrees to
comply with such rules and regulations. No rules and regulations shall prohibit the reasonable use of the
Premises by Tenant, its agents, employees. invitees and visitors for the purposes permitted by this Lease.
The Landlord shall not be responsible to Tenant for any nonobservance of sucb rules and regulations by any
other tenant of the Building. The rules and regulations shall be binding upon the Tenant upon delivery of a
copy of them to Tenant.
38. Lien Upon Tenant's Prooertv. Landlord hereby waives its Landlord's statutory
lien on all of the furniture, fixtures, equipment, goods and chattels of Tenant which shall or may be brought
or put into the Premises with the exception of those items identitied on Exhibit I and any replacements
thereof) Tenant hereby expressly waives and renounces for himself and family any and all homestead and
exemption rights he may now or hereafter acquire under or by virtue of the constitution and laws of the State
of Florida or of any other state, or of the United States, as against the payment of said rent or any other
obligation or damage that may accrue under the terms of this Lease.
39. Trial by Jury. Tenant and Landlord hereby waive any and all right to a jury trial
of any issue or controversy arising under this Lease.
40. Displavs. The Tenant may not display or sell merchandise or allow grocery carts
or other similar devices within the control of Tenant to be stored or to remain outside the defined exterior
walls and permanent doorways of the Premises. Tenant further agrees not to install any exterior lighting,
amplifiers or similar devices or use in or about the Premises any advertising medium which may be heard or
seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio
broadcasts.
41. Covenant of Rent. Tenant agrees that the provisions for payment of Rent herein
are independent covenants of Tenant and Tenant shall not interpose any counterclaim or counterclaims in a
summary proceeding or in any action based upon non-payment of rent or any other payment required of
Tenant hereunder.
42. Indemnity for Toxic Waste. Tenant (and any guarantor) hereby agree not to emit
or discharge or cause to be emitted or discharged any toxic or hazardous waste or environmental pollution
and to indemnify, defend and hold the Landlord, any Mortgagee as hereinafter defined, and their successors
and assigns hannless from and against any cost, claim, damage, expense or liability of any kind whatsoever
including, but not limited to, attorney's fees and costs at all tribunal levels arising out of any act or omission
of Tenant, its agents or any other person on the Premises under color of authority of Tenant, giving rise to
any toxic waste, chemical pollution, or similar envirorunental hazard regardless of whether any such act or
omission is, at the time of occurrence, a violation of any law or regulation. The foregoing indemnity shall
survive the termination or expiration of this Lease, anything else herein to the contrary notwithstanding.
43. Ootion to Renew:
A. In the event that the Tenant is not then in default hereunder, Landlord
grants Tenant the option to renew this Lease for an additional term of three (3) years WIder all of the same
terms and conditions of this Lease with the exception of rent. The rent to be charged for the first Option
Year (Base Rent) of the renewal (Option) period shall be the rent charged during the sixth (6th) year plus an
zinalcaof/colonlse.doc
-10-
EXHIBIT I
INVENTORY
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adjustment pursuant to Paragraph 5.1 hereof. Such Base Rent shall further be adjusted annually pursuant to
Paragraph 5. I hereof, and all other terms and conditions of this Lease shall remain in full force and effect.
Tenant shall give Landlord written notice of its intention to exercise this option during
the last six months of the last Lease year. If the Tenant fails to furnish such notice within such time, this
renewal Option shall terminate and be null-and-void.
44. Tenant Improvements. Tenant agrees to make improvements to the Premises for a
minimum of $50,000.00.
45. Inventorv. All of the property set forth in Exhibit I attached hereto shall remain at
the Premises and Tenant shall have the right to use such property in cOIU1ection with Tenant's operation of
its business at the Premises. Tenant agrees to replace such items as required by wear and tear, and all such
items (including the replacements) shall remain the property of the Landlord and returned to the Landlord at
the termination of this Lease.
In the event there are less than eight (8) performances in any given month during the
term of this Lease, the Base Rent for any and all such months shall be reduced to $1,500.00 per month.
46. During the tenn of this Lease, Tenant shall be the exclusive concessionaire and
caterer for the Theater, and agrees to service the patrons of the Theater at all intermissions with appropriate
Theater concession services. Landlord further agrees that except as to Tenant, no part of the Building
(including outside the Building) shall be leased or used for the sale offood or food products.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease in
several countel]>arts effective as of the day and year first above written, each of which countel]>art shall be
considered an executed original. In making proof of this Lease it shall not be necessary to produce or
account for more than one counterpart.
WITNESSES:
LANDLORDII..ESSOR:
CONCERT ASSOCIATION OF FLORJDA, INC.
BY:~
Til1~ u-/.IJ -;- 10.
9:nt1~::~':/lr~~~
TENANTII..ESSEE:
By:
Title:
zina/caoflcolonlse.doc
-11-
JOINED BY THE CITY OF MIAMI BEACH ("OWNER")
PURSUANT TO PARAGRAPH 19
(As to own<<) fc
~~(( aLG~
Print Name Robert Parcher
City Clerk
OWNER:
CITY OF1/!iI BEACH
By:
Title Neisen asdin. Mayor
APPROVED J>S TO
FORM & LANGUAGE
& FOR EXECUTION
tft&~
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Datw
zina/caof/colonlse.doc
-12-
ADDENDUM TO LEASE
Addendum to Commercial Lease Agreement (the "Lease") of even date herewith by and
between CONCERT ASSOCIATION OF FLORIDA, INC., as Landlord, and COLONY
THEATER CAFE, INC., a Florida corporation, as Tenant, for a portion of the premises located
at 1040 Lincoln Road, Miami Beach, Florida.
Notwithstanding any clause in the Lease to the contrary, the following shall prevail:
I . The Tenant shall pay to the Landlord as security deposit simultaneously with the
execution of this Lease the sum of FOUR THOUSAND and NO/IOO ($4,000.00) DOLLARS,
to be held by Landlord without interest as a security deposit for the full and faithful performance
by Tenanl of the terms and conditions of this Lease.
2.
follows:
The second paragraph of section 45 of the Lease is hereby amended to read as
"In the event there are five (5) to seven (7) performances in any given month during the
term of this Lease, the Base Rent for any and all such months shall be $2,500.00. In the event
there are less than five (5) performances in any given month during the term of this Lease, the
Base Rent for any and all such months shall be $1,500.00. "
3. Section 44 of the Lease is hereby amended to read as follows: "Tenant
Imorovements. Tenant agrees to make improvements to the Premises for a minimum of
$200,000.00, such amount includes the cost of the liquor license, furniture, tableware,
equipment, and all other expenses required for Tenant to open for business."
Capitalized terms used herein and not defined or amended herein shall have the meaning
ascribed to them in the Lease. If there are any conflicts between the Lease or this Addendum
to Lease, this Addendum to Lease shall control.
IN WITNESS WHEREOF" Landlord and Tenant have caused this Addendum to Lease
to be exe . tes set forth below.
LANDLORD:
CONCERT ASSOCIATION OF FLORIDA,
INC.
By:
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TENANT:
!,'_!'I<:T!N5\SOYKA '!'::OU~N'I\:" Dr-pm1...'~.l
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~ ('1-bo
TO:
Mayor Neisen Kasdin and DATE: July 26, 2000
Members of the City ,C~ission
Lawrence Levy 0::09-"6
City M~n*./
A RE~t'TION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE ADMINISTRATION TO
ISSUE A REQUEST FOR PROPOSALS FOR THE FUTURE
MANAGEMENT AND OPERATION OF THE COLONY THEATRE,
LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH, FLORIDA
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On July 27,1988, the Mayor and City Commission adopted Resolution No, 88-19309 approving a
Lease Agreement between the Concert Association of Greater Miami, Inc. (subsequently renamed
the Concert Association of Florida, Inc.) and the City of Miami Beach, for the use of the Colony
Theatre. Said Lease Agreement was to expire on August 31, 1994,
On December 15, 1993, the Mayor and City Commission waived the provisions of Ordinance
No. 92-2783, which require public bidding and an independent appraisal, and adopted Resolution
No. 93-20990, approving the execution of a new Lease Agreement, with the Concert Association
of Greater Miami, Inc. Said Lease Agreement was to expire on August 31,1997. In accordance
with the terms of the Lease Agreement, the City would provided an operating subsidy to the Concert
Association of $70,000 in 1995, $65,000 in 1996, and $60,000 in 1997. Additionally, the City
would be responsible for the maintenance of the facility.
On July 16, 1997, the Mayor and City Commission adopted Resolution No. 97-22464, approving
an amendment to the Lease Agreement extending its term for one (1) three year period which
commenced September 1, 1997 and expires on August 31, 2000. The City has provided an operating
subsidy to the Concert Association of $55,000 in 1998, $50,000 in 1999, and will be providing
$45,000 in 2000.
Cultural Arts Council Review
In light of the fact that the Lease will expire on August 31, 2000, the matter was referred to
AGENDA ITEM R-i6
DATE 1- '2k,-oo
the Cultural Arts Council (Council) along with a copy of a draft of the proposed Request for
Proposals, for their review and to seek their recommendations. The Administration met
with the Cultural Arts Council on February 18, March 3, May 5 and July 7, 2000.
Additionally, a workshop was held with the theater users on April 26, 2000, to seek their
input and comments relative to the theater operators and the draft RFP.
As you know the Colony Theatre is slated to undergo substantial renovations estimated at
$1.5 million which are scheduled to begin during the summerof2001. Said renovations are
to be conducted in two phases. The initial phase ofthe project calls for expanding the back
stage and loading areas and bringing the facility into compliance with American with
Disabilities Act (ADA) requirements, The second phase of the project calls for erecting a
sound-proof barrier between the lobby and audience areas and restoring the lobby, box
office and exterior facade of the facility. It is estimated that construction will last
approximately five (5) to six (6) months, One ofthe issues the Council was asked to address
was whether the lease with the existing operator should be extended during the construction
period or whether the RFP should be issued and a new contract awarded, so that the new
operator has the opportunity to oversee the construction, since it would have a more direct
impact on its future operations.
On May 5, 2000, the Council approved a motion recommending to the City Commission that
the current Lease Agreement for the Colony Theatre be extended until the issuance and
award ofthe RFP and subsequent contract authorization, On July 12, 2000, the Mayor and
City Commission adopted Resolution No. 2000-23984 authorizing the Administration to
negotiate an extension to the existing Lease Agreement with the Concert Association until
the issuance and award of an RFP and subsequent contract authorization for the future
management and operation of the Colony Theatre. Based on the recommendations approved
by the Council at their July 7, 2000, meeting, the following language has been included in
the proposed RFP:
. City's Vision Statement: The Colony Theatre should serve as a venue for regional and mid-size
cultural organizations with priority given to the smaller user groups from the South Florida area.
The operator should protect the interest of small, growing and medium size organizations and
cultivate programs and their audiences. The Theatre should also serve as a venue for new and
emerging performing arts groups. In so doing, the operator is expected to further the City's vision
statement while maximizing the revenues to the facility and safeguarding the City's capital
investment in the facility through the exercise of high standards of maintenance and preservation.
Furthermore, the operator shall actively solicit, promote or co-promote performances for the Theatre.
The Cultural Arts Council further recommended that au introductory statement to the City's
Vision Statemeut should be included which reads; "The City of Miami Beach recognizes
that the Colony Theatre is a jewel which is worthy of the City's snpport"; and also
expressed concern regarding the inclnsion of the term "maximizing the revenues". The
Administration does not recommend inclusion of this introductory sentence.
. Proposer to offer reduced rental rates to all not-for-profit groups whether or not they are supported
through the City's Cultural Arts Grants Program. Booking priority and reduced rental rates may be
considered for not-for-profit performing arts groups. A sliding scale, as is currently in place, is
encouraged. Operator must submit a proposed booking policy and rental rate structure.
. Proposer to provide a statement regarding their organizations philosophy, and goals and objectives
for the Theatre, with specific attention given to cultivate use by not-for-profit performing arts
groups.
. Require more specific information with regard to the proposer's fund raising credentials, and
previous experience with regard to oversight of renovations of similar-sized historic theaters, and
experience in working with not-for-profit performing arts user groups.
. Require proposer to provide a table of organization indicating the number of full-time and part-time
staff positions, including their job titles and descriptions.
. Require proposer to submit a preliminary budget for the Theatre's operations.
. Negotiations with selected proposer should include discussion of establishing a reserve fund to cover
maintenance costs and future upkeep of the Theatre.
The Cultural Arts Council strongly recommended that user groups and Cultural Arts Council members be
included in the evaluation/selection committee.
Another matter which will also be addressed in the RFP is that of the existing sublease with the cafe
adjacent to the Theatre. On October 19, 1999, the City Commission approved a sublease between
the Concert Association and Colony Cafe, Inc. for an initial period of six (6) years, a term which
extends well beyond the Concert Association's remaining Lease term, which expires on
August 31, 2000. Said sublease includes a non-disturbance and attornment clause which requires
that any subsequent lease would be subject to the existing cafe sublease. The proposed RFP will
require that the successful proposer retain Colony Cafe, Inc. as the cafe operator, in accordance with
the terms the existing sublease. The cafe has been operating since June 2000.
Moreover, pursuant to the City Commission's request, attached please find copies of the most recent
financial statements received from the Concert Association, which will also be made available to
respondents to the RFP.
The continued growth of the City's artistic community, and the national and international exposure
which has been received in the past several years, should provide an opportunity to attract a wider
range of groups with interest in the management and operation of this facility. The Administration
deems it would be in the City's best interest to issue a Request for Proposals, and competitively bid
for the management and operation of the Colony Theatre, for which the Cultural Arts Council and/or
the Miami Beach Arts Trust may elect to submit a proposal. This would allow for a more
competitive and diverse pool of proposals from which to select.
~
LAL:~C:JD:rd
T:\AGENDA \2000\JUL2600IREGULARICLNY _RFP.MEM 7/19/00.1
CITY OF MIAMI BEACH
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1700 Convention Center Drive, Miami Beach, Florida 33139
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ASSET MANAGEMENT' BEACHFRONT CONCESSIONS
Jose Dam len, Asset Manager
Telephone: 305-673-7000 X6727
Facsimile: 305-6114-2437
October 17,2000
Karen Caruso
General Manager, Colony Theatre
Concert Association of South Florida, rnc
1040 Lincoln Road
Miami Beach, Florida 33139
One (1) PageTransmitted
Via Facsimile 305/534-5026
RE: Request for Proposals for the future Management and Operation of the Colony Theatre
Dear Ms. Caruso:
Thank you for the information you provided with regard to the above referenced matter. Our records
indicate that we are still in need of the following information requested at the August 22,2000, pre-
proposal conference that the City agreed to provide to prospective proposers.
Event Schedule for the past two (2) years
Current and upcoming bookings which have been schedule through October 31, 2001
Grants awarded for programming and improvements to the Colony Theatre
Thank you for your continued assistance with the this matter. Your prompt attention to this request
will be greatly appreciated.
Sincer,ely,
/'r.
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\~'i!.Pr '
i
e Damien
~ et Manager
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Enclosure
c: Robert Parcher, City Clerk
Gus Lopez, Procurement Director
John Ellis, Assistant Procurement Director
F ,IDDHPI$ALL IASSETlCOLONY\RFP _tNfO.REQ