96-21990 RESO
RESOLUTION NO.
96-21990
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF
THE REQUEST FOR PROPOSALS (RFP) FOR A MULTIPLEX MOVIE
THEATER ON LINCOLN ROAD.
WHEREAS, the City of Miami Beach, Florida, has made the development of a multiplex
movie theater on Lincoln Road a priority; and
WHEREAS, the Lincoln Road Partnership has endorsed the concept; and
WHEREAS, the City has already gone out once with an RFP and the City Commission has
reconfirmed its desire to pursue this development; and
WHEREAS, the RFP process is deemed as the most appropriate way to gamer serious
proposals.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION, that the issuance of an RFP should be authorized to solicit development proposals
for this public purpose.
PASSED and ADOPTED this
ATTEST:
j<okr fO-Ack
CITY CLERK
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CITY OF MIAMI BEACH
FLORIDA
REQUEST FOR PROPOSALS NO. 104-95/96
MULTIPLEX MOVIE THEATER
ON LINCOLN ROAD
May, 1996
CITY OF MIAMI BEACH
REQUEST FOR PROPOSALS
MUL TIPLEX MOVIE THEATER ON LINCOLN ROAD
TABLE OF CONTENTS
Page No.
I. Introduction
I
II. Background
4
III. Demand for Movie Theaters
5
V. Project Design Objectives
5
VI. Project Requirements
6
VII. Proposals Submission Requirements
7
VIII. Schedule and Process
11
IX. Selection Criteria
11
X. Submission of Proposals
13
APPENDICES:
Acknowledgment Letter
Disclosure and Disclaimer Document
Submission Requirement Checklist
Sample "Black Box" Theater Design Criteria
Appendix A-I
Appendix A-2
Appendix B
Appendix C
CITY OF
MIAMI BEACH
,.' .1.ITY);:l.<\I.L 1700 CONVENTION GENTER DRIVE MIAMi BEACH F~ORIDA 33139
RFP NO. 104-95/96
OFFICE OF THE PURCHASING AGENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
TELEPHONE: (305) 673-7490
SUNCOM: (305) 933-7490
FAX: (305) 673-7851
CITY OF MIAMI BEACH
REQUEST FOR PROPOSALS
MUL TIPLEX MOVIE THEATER ON LINCOLN ROAD
The City of Miami Beach is committed to implementing a vision for Lincoln Road as the center
of a world-class city. As part of this effort, the City is seeking development proposals for a
multiplex movie theater to be located on any site west of Meridian Avenue within the Lincoln
Road district.
The City recently rejected bids received through a previous Request for Proposals (RFP), after
negotiations failed to yield a satisfactory development agreement. The City's objective is to
attract a movie theater project that is consistent with the unified vision for Lincoln Road
developed by the Lincoln Road Partnership and the City. Any other development proposed
should clearly be ancillary to this purpose.
The City of Miami Beach is inviting qualified and experienced motion-picture theater
operators and/or developers with backgrounds in the areas of financing, development and
operation of movie theaters, to submit proposals for the development and operation of a multi-
screen movie theater complex to be located on or near Lincoln Road, west of Meridian
Avenue. Subject to conditions specified within this RFP, the City will consider proposals
which involve the use of privately and/or publicly owned property. Proposals may request
the use of any City-owned property within the Lincoln Road District.
The objective of this new RFP process will be to identify the proposal which is most
advantageous to the City. To this end, the following factors will rank highly in the selection of
a developer:
o Proposals which minimize the use of City property
o Proposals which address the City's needs and concerns to the greatest extent
o Proposals which maximize the return to the City
o Proposals which are of high quality and are compatible with the scale and character
of Lincoln Road and the surrounding area
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Proposers are encouraged to provide "Black Box" theater space which may be used and
shared by various performance groups that want to operate, rehearse and perform in the City
of Miami Beach.
The City is seeking development teams which have the proven experience, financial resources
and professional expertise to deliver the highest quality, economically feasible project.
Proposals shall include and will be evaluated generally on the basis of the proposed
development program, project definition, site plan and design concept, relationship to nearby
properties, financing strategy, feasibility and potential return to the City. Please refer to
Appendix B for the necessary items needed for a complete response. All inquiries
concerning this RFP should be directed to:
Harry Mavrogenes, Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7193
Once proposal(s) have been received, the City will proceed expeditiously with the selection
of and negotiate with the successful developer.
Fifteen (15) copies of the proposals following the required submittal format must be
delivered in sealed boxes to:
Ms. Judith Ford
Purchasing Agent
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
The deadline for receipt of proposals is 4:00 P.M.. Friday. AUl:ust 30. 1996.
The information contained in this RFP sets forth the basic guidelines for potential proposers
and establishes the minimum requirements for proposals. The City will accept and evaluate
information or other materials which meet or exceed the established minimum requirements
for proposal responses.
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, '''This RFP is for informational'Purposes. It is not to be construed 'as an offer by the City of'.
Miami Beach. The contents of this RFP are neither warranted nor guaranteed by the City of
Miami Be::2h. Dovelopers interested in pursuing this development opportunity are urged to
make such evaluations as they deem advisable and to reach independent conclusions
concerning statements made in this RFP and any supplements thereto. The City reserves the
right to reject any and all proposals for any reason, or for no reason, without any resultant
liability to the City.
,.
I Jose Garcia-Pedrosa
City Manager
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, .ilA~KGROUND
In 1~93, the City of Miami Beach developed a "City Center" master plan for the Miami
Beach Convention Center area. The result of this planning effort was the inception of the
"Historic Convention Village Redevelopment and Revitalization Area Plan", which was
adopted by the Miami Beach City Commission and the Metro Dade County Board of County
Commissioners.
Concurrent with the creation of this master plan was a coordinated planning effort to
revitalize Lincoln Road, an eight-block pedestrian mall located in the core of the City Center
area. The basis for this effort was a visioning process which occurred almost three years ago.
The process has resulted in a $16-million overhaul of the pedestrian mall which is nearing
completion; a coordinated single-management organization to manage, market, and promote
the district; new upscale retail development; and ongoing cultural activities and events.
During this planning process, the Lincoln Road Task Force, an organization comprised of
Lincoln Road property owners, merchants, the City Administration, and the Miami Beach
Development Corporation, together with a nationally recognized consulting team, conducted
an exhaustive series of consensus- building workshops for property owners and merchants
along Lincoln Road in order to develop a "Shared Vision" concept for the future. Based on
these public input sessions, a goal for Lincoln Road was established: to become "the center
of a world-class city" and to become "a place for Miami Beach residents, area workers,
tourists and visitors to shop, eat, be entertained and experience a special artistic environment.
" (Lincoln Road. Toward the Development of Shared Vision - Report of Lincoln Road Task
Force Consensus Workshops, page one. ) The plan which emerged, involving significant
streetscape, landscaping, and other aesthetic improvements as well as the creation of a
management district, received full endorsement of the Miami Beach City Commission.
According to a market and economic review of Lincoln Road prepared as part ofthis visioning
process by Forest City Ratner Companies, Benjamin Thompson & Associates, Inc., William
Jackson Ewing, Kimley-Horn & Associates and Aristides Millas, it has been concluded that
the combination of colorful, high-quality specialty food, home furnishings, ready-to-wear
clothing, and restaurants coupled with entertainment is essential to create a successful
"downtown retail core on Lincoln Road." A multiplex movie theater and its ancillary uses
should serve to complement existing Lincoln Road retail uses, and encourage more. The vision
is not meant to be a typical suburban shopping center mix, but reflect the more unique
boutique, eclectic, retail, entertainment and dining uses.
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..
DEMAND FOR MOVIE THEATERS
There appears to be a strong demand and opportunity for first-run movie screens within the
Lincoln Road commercial district. The South Beach market may be the last remaining
underdeveloped theater market in Metropolitan Dade County.
New movie theaters for Lincoln Road would not only serve as a major draw for area residents
and visitors, but would also reinforce linkages between the Miami Beach Convention Center,
the Theater of the Performing Arts and other attractions located within the district.
PROJECT DESIGN OBJECTIVES
The City of Miami Beach is seeking proposals for the development of a multiplex movie theater
containing a maximum of three thousand (3,000) seats. Parking must be provided for in
accordance with the City's Zoning Ordinance. Any existing parking spaces impacted by a
proposed theater development must be replaced in addition to spaces required to meet the
theater's parking needs.
Highly desirable design features which will rank highly in the selection process include:
. Emphasis on architectural and parking design which complement and enhance the
atmosphere on Lincoln Road, in terms of density, height, scale, character and historic
preservation..
. Provision of "Black Box" theater space for shared use by performing arts groups.
This space will be in addition to the space and number of seats required to show first-
run and "Art" films by the movie theater.
. High technology enhancements including digital sound delivery, interactive seats, high
resolution projection, concave screen design, automated ticket sales and other state-of-
the-art features.
The City of Miami Beach is committed to quality development. The City's zoning
requirements pertaining to design review will be followed.
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.. PR6JE'CT REOUIREMENTS
1. Site Lease Requirements - If a City-owned site is requested, the site may be made
available to the selected developer in the form of a long-term lease agreement,
structured to include a ground rent and/or air-rights. The amount and length of any
lease agreement will be subject to negotiation. The City may also provide that a lease
amount will be the greater of the minimum amounts provided above and a percentage
of gross operating revenue from project operations. What that percentage will be and
when and/or at what amounts the percentage of gross revenue requirement which may
include parking will apply, will be negotiated between the City and the selected
developer. All rental amounts will be net of any commissions and expenses.
2. Zoning Requirements - Development plans should conform to the City's Zoning
Ordinance, as it relates to a specific site. If City-owned property is used, it will be
zoned GU (Government Use); however, since a movie theater is considered a
commercial development, proposed plans must conform to the zoning of the
surrounding neighborhood, which is generally zoned CD-3.
3. Parking Requirements - The proposer is expected to determine projected parking
demand and to propose designs for providing adequate parking facilities for theater
patrons as well as for contiguous area businesses along Lincoln Road. Proposals should
address the specifics of construction, management and operation of any parking facility
included in the project. Parking plans should also address the temporary provision
of parking which might be displaced during construction of the theater complex.
In order to enhance the feasibility of attracting new movie theater development to the
Lincoln Road area, an amendment to the City's Zoning Ordinance is in place which
exempts the first 600 theater seats from parking. The balance of the seats will require
a minimum ratio of one parking space for every eight seats. There will be no variance
to this provision and the option of paying parking impact fees in lieu of providing
parking spaces does not apply.
4. "Black Box" Theater Requirements - In order to enhance the cultural environment
characteristics of the western portion of Lincoln Road, it is highly recommended that
proposals contain plans for "Black Box" theater space for shared use by performing
arts groups. This component should not detract from the space requirements of the
movie theater, but should supplement it instead. An example of "Black Box" theater
design criteria is included as Appendix C to this RFP. The criteria, which were
derived from input received from various theater groups, are only only provided as
reference and are not to be construed as design requirements for the developer.
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'.
-"file City is not committed to participate financially in the development of a "BlacK
Box" component. The City's preference is to have the developer deliver a completed
Black Box at no cost to the City.
5.
Security Requirements - In order to ensure public safety within and near the movie
theater complex, proposals must contain a plan for the provision of security services.
PROPOSAL SUBMISSION REOUIREMENTS
Each respondent to this RFP shall submit fifteen (15) copies of its respective proposal package
containing all the requested information identified in this RFP. The responses must be
submitted in sealed boxes by 4:00 P.M.. Friday AUl:ust 30. 1996 to the Purchasing
Department, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Fl. ,33139.
Additional information may be requested by the City following review of the initial
submission.
Each development proposal shall include, at a minimum, the following:
1. Acknowledgment Letter, Executed Disclosure and Disclaimer Document - See
Appendix A for sample letter, Disclosure and Disclaimer Document to be included with
proposal submission.
2. Deposit - A cashier's check drawn on a U. S. Bank, in the amount of $50,000, made
payable to the City of Miami Beach. The City shall return this deposit to those
proposers not selected at the time the City selects a proposal or rejects all proposals
received. This deposit will serve as a performance/completion bond during the bid
process, assuring the City that if the project is awarded, a contract will be negotiated
in good faith. A performance/completion bond in the amount of $1,000,000 will also
be required for the construction phase to ensure that the developer completes the
project, and does so on a timely basis, pursuant to the contract to be negotiated with
the City.
3. Proposers' Qualification Requirements - Responses to the Request for Proposals must
include the following information concerning the principals involved:
*
Complete identification ofthe proposer and associated team members, including
a specific legal description of the proposer and the jurisdiction in which the
proposer is organized, the principal representatives of each organization, and
identification of the individual(s) authorized to negotiate and bind the proposer;
Current resumes of principal representatives involved;
Number of screens owned and/or operated nationwide;
*
*
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___t.,
.'Presence-in the South Florida market;
Experience in developing, owning and/or operating large multi-screen urban
movie complexes;
Financial disclosure attesting to the ability of the proposer to undertake this
project. This disclosure must include but not be limited to, current financial
statements and recent banking or financing references. Specific references
and at least two preferred banking references for each team member of the
proposer, along with express written permission to contact the references, are
required.
"")
*
*
4. Disclosure: Competitive Projects, Bankruptcy and Litigation - Each proposer and
members of the development team that are currently involved in or have completed
within the last two years and any other similar development projects in the Miami
Metropolitan Area, or in other metropolitan areas in Florida that could be directly or
indirectly competitive with a new movie- theater facility in Miami Beach, must identify
each competitive project and disclose the current and prospective status and potential
competitive effect on a project in Miami Beach. All litigation, administrative
proceedings and bankruptcy proceedings currently pending or having occurred within
the past ten years directly or indirectly involving any team member, regardless of
cause or merit, shall be identified, and the nature and status of such litigation and
proceedings clearly described.
5. Proposer's Development Plan - Each Proposal must include a detailed description of
the proposed movie-theater development including number of movie screens, seating
capacity (not to exceed 3,000 seats), square footage, building height (not to exceed 48
feet), accessory uses to be housed in the facility, and compliance with the project
requirements specified in this RFP. Special features or attractions proposed for this
development as well as the architectural style should be described in this section.
Plans must include schematic drawings by an architect licensed to practice in the
State of Florida, illustrating the proposed development. Schematic drawings shall
include basic site and building relationship plans at 1/16 inch scale and diagrammatic
sections and elevations showing vertical relationships also at 1/16 inch scale. The
drawings should be dimensioned and provide a zoning analysis indicating setbacks,
height, floor area ratio, parking and all other appropriate calculations. In the event
existing buildings are to be incorporated in whole or in part in the project, areas
proposed for demolition should be indicated in the plans. Proposals incorporating
historic building(s) should indicated how the building(s) will be restored, including
significant public interior spaces. The presentation ofthe proposer's development shall
also include aerial perspectives or isonometric sketches. All full-sized schematic
presentation drawings should be provided in addition to any reduced drawings
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'.". imJU'd~d iif,thi:l'hysical1>roposalobook(s). The City will also weIcomeany animated
cad plans, architectural drawings, or models the proposer may wish to submit in
addition to the development plan description and the required schematic drawing:;.
Additionally, the proposal must include information on how the construction will be
contracted (i.e. proposer acting as contractor or proposer contracting with a general
contractor or construction manager).
6. Estimated Costs - Each proposer must furnish a construction cost estimate for the
entire proposed complex, including a breakdown of the estimated cost of furnishings,
fixtures and equipment. Proposals must also include a schedule of the approximate
dates that each significant improvement is expected to be started and completed,
including the date when permits will be secured, as well as the construction start and
completion dates.
7. Proposer's Method of Operation - Each proposer must describe the operation of the
entire proposed theater complex. The description should include an organizational
chart; job descriptions of key positions; a brief outline of operating procedures; how
and where the complex will be advertised; and, a statement of which businesses are
intended to be operated by the proposer and which businesses are intended to be sub-
leased or operated under a management contract. The proposal must also discuss any
operational services and uses which the proposer will seek permission to provide.
8. Financing Requirements - Proposer(s) are required to provide evidence of the ability
to obtain financing for the project.
Proposer(s) shall describe how development of all aspects ofthe movie theater shall be
financed (including the amount of equity capital, amount of interim or construction
financing, amount of permanent financing, source and amount of equity, operating
capital, etc.).
Equity is defined as "at-risk" money invested by the proposer beyond funds loaned to
the project and other liabilities of the project.
The proposal must clearly indicate what assistance, if any, is expected from the City or
other public agencies, keeping in mind that any City participation would be subject to
negotiation. This assistance may include:
. Provision of City-owned property on a long-term lease basis.
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.. Sharing in the ~ost of the Lincoln Road Management District. ~
. Sharing in the cost of construction of any component of the project.
The financial plan must be comprehensive and integrate all relevant financial aspects
of the development. The financial plan must also include a ten-year proforma for the
proposed project.
Proposals shall include letters of commitment or acceptable equivalents from financial
institutions rated AA or better, documenting a proposer's ability to secure the
necessary funds to complete the proposed development. In addition, the proposal shall
include letters of commitment from bonding and insurance firms rated AA or better,
demonstrating the project team's ability to obtain the required bonds and insurance.
9. Site Control - If any part of the developer's proposal includes private property, the
developer must submit proof of site control at the time of proposal submission.
10. Time Frame - Proposals should contain an estimated time line for completion of the
theater project, identifying such milestones as completion of negotiations with the City,
design and construction drawings completion, plan approvals, permitting approvals,
ground breaking, estimated opening date and any other pertinent events. Highest
consideration will be given to those proposals which commit to the most expedient yet
realistic time frame.
11. Project Summary - Proposals should include a front page "Summary Sheet" to
provide key aspects of the project in a bullet point-format including name of the
project, names of the developer, principals, general partners, etc., principal architect
and construction company, theater circuit, total number of screens, seats and square
footage, number of parking spaces provided on and/or off-site, ancillary components,
total project cost and financing structure.
1 It should be assumed that the Movie Theater will share in the annual cost of the Lincoln Road
Management District, created to provide management, promotion and marketing activities for the district.
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.SCi'fEDrrL"E AND PROCESS
During th{;proposal preparation period, City staff will be available to clarify any portion of
this RFP or to answer any questions. Proposers should make their own evaluations with
regard to the information provided in this RFP. Tours of the Miami Beach area and the
preferred sites may also be arranged through the City and by City staff, if desired. The City
anticipates but is not bound by the following proposed schedule:
. Request for Proposals Available
. Proposals received
. Initial review of proposals and notification of
proposers meeting minimum criteria
. Interviews with qualifying proposers by the City's
Review Committee
. City Manager recommendations to the City
Commission
. Contract negotiations completed
. Contract submitted to City Commission
for approval
SELECTION CRITERIA
Wednesday, May 22,1996
Friday, August 30,1996
Tuesday, Sept 10, 1996
Week of Sept 23, 1996
Wednesday, Oct 16,1996
December, 1996
December, 1996
The City will evaluate proposals in a two-tier process. The first tier will involve a review of
the proposals for conformance to submission requirements and a determination of whether
proposals meet the minimum criteria established in this RFP. The first-tier review will be
conducted by the City Administration in conjunction with the City Attorney. The second-tier
will involve an evaluation of the technical merits and financial terms of those development
proposals which conform to and comply with the minimum established criteria. The second-
tier review will be jointly conducted by a Selection Committee comprised of individuals
appointed by the City Commission after recommendation by the City Manager.
For the first-tier evaluation, the City will consider but not be limited to the following factors:
Acceptance of the terms of the RFP and compliance with the submission and
disclosure requirements of the RFP;
Conformance to all project design objectives and requirements identified in the RFP;
Compliance with all federal, state, county and city laws;
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., '. '."Demonstrationof financial resources to complete the project.
,,' ';.--
Proposers a.e advised that each of the factors listed above is considered a threshold criterion.
Failure to meet anyone of these factors may be the basis to eliminate a proposal from further
consideration. The determination of the City shall be final with regard to the first-tier
criteria.
For proposers which meet the first-tier criteria, a more detailed evaluation of technical and
financial merits will be conducted. For the second-tier review, the Selection Committee will
consider but not be limited to the following factors:
Proposals which minimize the use of City property;
Proposals which address the City's needs and concerns to the greatest extent;
Proposals which maximize the return to the City;
Proposals which are of high architectural quality and are compatible with the scale and
character of Lincoln Road and the surrounding area;
Where may be applicable, proposals that incorporate historic structures in a sensitive
manner and meet the U.S. Secretary of Interior Standards for the Rehabilitation of
Historic Structures;
Project size, design, quality of facilities and amenities, including items listed on pages
4 and 5 ofthis RFP;
Project development team capability and experience;
Project management plan;
Timing schedule and coordination with the City;
Financial plan;
Public investment and associated terms;
Marketing plan;
Impact on Lincoln Road and nearby properties; and,
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... Sd~h "ther criteria as the City or the Committee may determine.
After an initial evaluation of these factors, the Selection Committee may conduct interviews
with qualifying proposers. During these interviews, the Selection Committee will further
explore the technical and financial aspects of the qualifying proposals. At the discretion of the
City or the Selection Committee, proposers may have the opportunity to clarify their
proposals as well as advise the City of any additional factors which proposers deem relevant.
After completion of the proposer interviews, the Selection Committee will select a proposal or
proposals for review by the City Manager, who in turn will make a recommendation to the
City Commission.
Once submitted, no proposals may be amended unless the amendment has been requested or
permitted by the City.
Proposers excluded from consideration at any time in the process will be notified promptly in
writing, and their deposits will be refunded.
SUBMISSION OF PROPOSALS
Fifteen (15) copies of the proposal in a sealed box must be received at the address shown below
by 4:00 P.M. on Friday. August 30. 1996. Late proposals will not be considered. After the
proposals have been opened, the proposal review process will commence in accordance with
the process outlined in this RFP.
Proposers are encouraged, but not required, to utilize the proposal response checklist, included
as Appendix B, as a format to organize responses.
Proposals should be addressed to:
Ms. Judith Ford
Purchasing Agent
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
All inquiries concerning this RFP should be directed to:
Harry Mavrogenes, Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7193
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APPENDIX A
ACKNOWLEDGMENT LETTER
Proposers shall incorporate in their proposal the following letter and Disclosure and
Disclaimer attachment on the proposer's letterhead stationary:
RE: Request for Proposals for a Multiplex Movie Theater on Lincoln Road
Dear Sir or Madame:
I have read the City of Miami Beach's Request for Proposals for a Multiplex Movie Theater
on Lincoln Road. On behalf of our proposal team, we agree to and accept the terms, specific
limitations, and conditions expressed therein. In addition, we have read, rely upon,
acknowledge, and accept the City's disclosure and disclaimer which is attached hereto and is
fully incorporated into this letter.
Sincerely,
[NAME AND TITLE]
[ORGANIZATION]
[PROPOSER'S NAME]
A-I
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DISCLOSURE AND DISCLAIMER
This Request for Proposals ("RFP") is being furnished to the recipient by the City of Miami
Beach (the "City") for the recipient's convenience. Any action taken by the City in response
to proposals made pursuant to this RFP or in making any award or in failing or refusing to
make any award pursuant to such proposals, or in canceling awards, or in withdrawing or
canceling this RFP, either before or after issuance of an award, shall be without any liability
or obligation on the part of the City.
In its sole discretion, the City may withdraw the RFP either before or after receiving
proposals, may accept or reject proposals, and may accept proposals which deviate from the
RFP as it deems appropriate and in its best interest. In its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting proposals in
response to this RFP.
Following submission of a proposal, the applicant agrees to deliver such further details,
information and assurances, including financial and disclosure data, relating to the proposal
and the applicant including the applicant's affiliates, officers, directors, shareholders, partners
and employees as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective movie
theater development entities. It is the responsibility of the recipient to assure itself that
information contained herein is accurate and complete. The City does not provide any
assurances as to the accuracy of any information in this RFP.
Any reliance on these contents, or on any communications with City officials, shall be at the
recipient's own risk. Prospective bidders should rely exclusively on their own investigations,
interpretations and analyses. The RFP is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No
warranty or representation is made by the City or its agents that any proposal conforming
with these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this RFP, the selection and the
award process or whether any award will be made. Any recipient of this RFP who responds
hereto fully acknowledges all the provisions of this disclosure and disclaimer, is totally relying
on this disclosure and disclaimer, and agrees to be bound by the terms hereof. Any
proposals submitted to the City or its advisors pursuant to this RFP are submitted at the sole
risk and responsibility of the party submitting such proposal.
A-2(l)
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JfhisRFP is made subject to correction of errors, omissions, or withdrawal from the market
without notice. Information is for guidance only and does not constitute all or any part of an
agreement.
The City and all proposers will be bound only as, if and when a proposal, as same may be
modified, and the applicable definitive agreements pertaining thereto, are approved and
executed by the parties, and then only pursuant to the terms of the definitive agreements
executed among the parties. Any response to this RFP may be accepted or rejected by the
City for any reason, or for no reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all proposals and
supporting documents shall be subject to disclosure as required by such law. All proposals
shall be submitted in sealed bid form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposers are expected to make all disclosures and declarations as requested in this RFP. By
submission of a proposal, the proposer acknowledges and agrees that the City has the right
to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the proposal, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each proposer certifies that the
information contained in the proposal is true, accurate and complete to the best of its
knowledge and belief.
Notwithstanding the foregoing or anything contained in the RFP, all proposers agree that in
the event of a final unappealable judgment by a court of competent jurisdiction which imposes
on the City any liability arising out of this RFP or any response thereto or any action or
inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as
agreed-upon and liquidated damages. The previous sentence, however, shall not be construed
to circumvent any of the other provisions of this disclosure and disclaimer which imposes no
liability on the City.
A-2(2)
RFP NO:
DATE:
104-95/96
5/20/96
CITY OF MIAMI BEACH
16
. ~ .,.'..
In th~ "tvent of any differences in language between this disclosure and disclaimer and the
balance of the RFP, it is understood that the provisions of this disclosure and disclaimer shall
always govern. The RFP and any disputes arising from the RFP shall be governed by and
construed in accordance with the laws of the State of Florida.
ACCEPTED:
[NAME AND TITLE]
[ORGANIZATION]
[PROPOSER'S NAME]
A-2(3)
RFP NO:
DATE:
104-95/96
5/20/96
CITY OF MIAMI BEACH
17
APPENDIX B
SUBMISSION REQUIREMENT CHECKLIST
RFPPAGE
REQUIRED ITEMS REFERENCE CHECK/INITIAL
1) Detailed written narrative response and
graphic presentation addressing the Project
Design Objectives and Submission
Requirements sections of this RFP: 4,5,6,7,8,9
2) Acknowledgment Letter with executed
Disclosure and Disclaimer document: 6, Appendix A
3) $50,000 deposit in the form of a cashier's
check, drawn on a U.S. Bank: 6
5) Description of proposer and associated
team members: 6
6) Current resumes of principal
representatives involved: 6
7) Number of screens owned and/or
operated nationwide: 6
8) Description of relevant experience and
presence in South Florida market: 7
9) Financial disclosure as required in the
RFP: 7
10) Disclosure of competitive projects,
bankruptcy, administrative proceedings
and litigation: 7
11) Proposer's development plans and
schematic drawings provided at 1/16 inch
scale addressing project requirements
identified in the RFP: 7
12) Zoning analysis and calculations made as
part of the development plans and schematic
drawings: 7
B-1
RFP NO:
DATE:
104-95/96
5/20/96
CITY OF MIAMI BEACH
18
PAGE
REQUIRED ITEMS REFERENCE CHECKlINITIAL
13) Detailed description involving any
restoration or demolition of historic and/or
existing structures: 7
14) Parking plan (during and after
construction): 5
15) Security Plan: 6
16) Method of operation: 8
17) Estimated time line 9
18) Estimated project costs: 8
19) Financial plan, including a 10-year
operating proforma: 8,9
20) Description of public investment
assistance, if any: 8
21) Letters of commitment from qualified
financial institutions: 9
22) Letters of commitment from qualified
bonding and insurance firms: 9
23) Current financial statements: 7
24) Bank references: 7
25) 15 copies of proposal: 2,6 ,12
26) Project Summary Sheet 12
B-2
RFP NO:
DATE:
104-95/96
5/20/96
CITY OF MIAMI BEACH
19
APPENDIX C
SAMPLE "BLACK BOX" THEATER DESIGN GUIDELINES
The following specifications for a "Black Box" theater design were developed as a result of
input received from various individuals involved with the performing arts as well as in theater
design. this criteria is presented as an example and does not necessarily reflect the City's
requirements for the design of the movie theater complex or the "Black Box" theater
component.
. Two "Black Box" theaters with:
- flex seating for 200 per theater minimum
- ceiling height of 20-24 feet
. Shared rehearsal space:
- half the size of the performance space
- half the height of the performance space
. Dressing rooms:
- one chorus room with a capacity for twelve (12)
- one male principal with a capacity for six (6)
- one female principal with a capacity for six (6)
- one male and one female shower facility
. Two administrative offices, 1,000 square feet each
. One share costume shop, 750 to 1,000 square feet in size
. One shared scenery, prop and paint frame shop, a minimum of 1,800 square feet in size
. Loading bays, 11 feet in height, to be located adjacent to the theaters
. Dedicated light and sound booths
C-l
RFP NO:
DATE:
104-95/96
5/20/96
CITY OF MIAMI BEACH
20
CITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. Z<8B-9~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE: May 15, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF
THE REQUEST FOR PROPOSALS (RFP) FOR A MULTIPLEX MOVIE
THEATER ON LINCOLN ROAD.
ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and City Commission approve the Resolution.
BACKGROUND:
At the meeting of the Miami Beach City CommissionlRedevelopment Agency on Wednesday,
April 17th, 1996, the City CommissionlRedevelopment Agency directed the Administration to
proceed with finalizing the RFP for a Multiplex Movie Theater on Lincoln Road. The
Commission! Agency also directed the Administration to obtain input from the Lincoln Road
Partnership. At their meeting on April, 18th, 1996, the Partnership made the following
recommendations which have been addressed in this version of the RFP:
. A ninety-day (90) turn-around for responses, beginning June 1, 1996. Proposals would
be due at the end of August, 1996. The Partnership concurred that this action would
maximize the number of responses and ensure better quality in the proposals.
. Limit the site locations to the west of Meridian Avenue. This would not only prevent
additional traffic and parking congestion on the east end of Lincoln Road during events at
TOP A and the Convention Center, but would also preclude the potential for a disguised
shopping mall proposal for the surface lot on 17th Street and Washington Avenue.
. Emphasize the overall project design and its relationship to Lincoln Road. The project
must positively impact the area and address all planning issues and concerns.
DATE
~1.tL
5-'S-~
AGENDA ITEM
. Language requiring proposals to be responsive to the parking deficit in the area as well
as addressing the needs of the theater. Proposals should also address the management and
operation of any parking facilities proposed.
. Limit the number of seats to 3,000 rather than emphasizing the number of screens.
. Addressing specifics related to any black-box theater component, including construction,
management and ownership structure.
. Elimination of the box-office and marquis requirement on Lincoln Road.
A letter from the Lincoln Road Partnership addressing these issues was sent to the Mayor and City
Commission and the City Manager on April 22, 1996. A copy of the letter is attached to this
memorandum.
ANALYSIS
Although most of the suggestions made by the Partnership were at least partially included in the
previous draft of the RFP, a new draft has been prepared, incorporating all of those suggestions. The
sole exception is the request that the issuance be delayed until June 1 st; the Administration sees no
reason to delay further the issuance of the RFP.
In order to maximize the number of responses, the Administration will prepare a mailing list, using
the 1996 Motion Picture Almanac, which contains the names and addresses of the top theater circuit
operators/developers.
Under the new schedule, proposals will be due on August 30, 1996. Compliance review of the
proposals and presentations by the proposing teams will occur during the months of September and
October. Contract negotiations with the top ranked firm will take place between mid-October and
December, and should culminate in a development agreement by the end of the year.
CONCLUSION
The Administration recommends proceeding with the issuance of the attached RFP.
. JGPIHM:kob
Attachments