2001-24321 RESO
RESOLUTION NO.
2001-24321
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING
THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE SOLE PROPOSAL RECEIVED IN
RESPONSE TO REQUEST FOR PROPOSALS (RFP) NO.
86-/99-00, FOR THE MANAGEMENT AND OPERATION OF
THE COLONY THEATRE; AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE AN AGREEMENT
WITH THE CONCERT ASSOCIATION; AND IF
UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH THE CONCERT ASSOCIATION, AUTHORIZING THE
ADMINISTRATION TO ISSUE NEW RFP FOR THE
MANAGEMENT AND OPERATION OF THE COLONY
THEATRE.
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 of lease 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 of lease 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 July 12, 2000, the Mayor and City Commission adopted Resolution
No/2000-23984, authorizing the Administration to negotiate an extension to the existing Lease
Agreernent 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 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
WHEREAS, on July 26, 2000, the Mayor and City Commission adopted Resolution
No. 2000-24034, authorizing the Administration to issue an RFP for the future management and
operation of the Colony; and
WHEREAS, only one organization, the Concert Association, responded to the RFP; and
WHEREAS, on March 12, 2001, the Evaluation Committee, which reviewed the proposal,
voted unanimously to recommend to the City Manager that the Concert Association be awarded the
management and operation of the Colony Theatre, subject to the City Administration negotiating a
lease agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission accept the recommendation of the City Manager pertaining to the sole proposal
received in response to Request for Proposals (RFP) No. 86-/99-00, for the management and
operation of the Colony Theatre; authorizing the Administration to negotiate an agreement with the
Concert Association; and if unsuccessful in negotiating an agreement with the Concert Association,
authorizing the Administration to issue an RFP for the management and operation of the Colony
Theatre.
PASSED and ADOPTED this
18th day of April, 2001.
ATTEST:
_~5 Q~
CITY CLERK
flYOR
JMG:CMC:JD:rlr
T:IAGENDA\2001IAPR1801 IREGULARIA W ARD,RES 04/10/01
APPROVEDMTO
FORM & LANGUAGI
& FOR EXECUTION
{II ut!L //1. ,{-IJ-d)
+-~~ -.
CITY OF MIAMI BEACH
CITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\IcLmiami-beach.fl.us
COMMISSION MEMORANDUM NO?--O~-D 1
TO:
Mayor Nelsen Kasdin and
Members of the City Commission
Jorge M. Gonzalez \ ,j ~
City Manager a IYV (j
DATE: April 18, 2001
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDA TION OF THE CITY MANAGER PERTAINING TO THE
SOLE PROPOSAL RECEIVED IN RESPONSE TO REQUEST FOR
PROPOSALS (RFP) NO. 86-/99-00, FOR THE MANAGEMENT AND
OPERATION OF THE COLONY THEATRE; AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH THE
CONCERT ASSOCIATION; AND IF UNSUCCESSFUL IN NEGOTIATING
AN AGREEMENT WITH THE CONCERT ASSOCIATION, AUTHORIZE
THE ADMINISTRATION TO ISSUE AN RFP FOR THE MANAGEMENT
AND OPERATION OF THE COLONY THEATRE.
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 adopted Resolution No, 93-20990,
approving the execution of a new Lease Agreement, with the Concert Association. Said Lease
Agreement was to expire on August 31,1997, In accordance with theterrns 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 $60,000 in 1997, and would be responsible for the maintenance of the facility.
On July 16, 1997, the Mayor and City Commission adopted Resolution No, 97-22464, approving an
amendment to the Lease Agreement extending its term for one (1) three-year period, which
commenced September 1, 1997 and expired on August 31, 2000, During that time period, the City
provided an operating subsidy to the Concert Association of$S5,000 in Fiscal Year 1998, $50,000
in FY 1999, and $45,000 in FY 2000, The City continues to fund a $45,000 operating subsidy of
$45,000 during FY 2001. C.., C
Agenda Item . I
Date ~-'~-Ol
Colony Theater RFP
April 18. 2001
Page 2 0/3
In light of the fact that the Lease was to expire on August 31, 2000, the rnatter was referred to the
Miami Beach Cultural Arts Council (MBCAC), along with a copy of a draft of a new Request for
Proposals, for their review and recommendations.
On May 5, 2000, the MBCAC approved a motion recommending to the City Commission that the
current Lease Agreement for the Colony Theatre be extended until the issuance and award of the 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 award of a contract for the future management and operation of the Colony
Theatre.
On July 26, 2000, the Mayor and City Commission adopted Resolution No. 2000-24034, authorizing
the Administration to issue an RFP for the future management and operation of the Colony Theatre.
The RFP addressed the existing sublease with the cafe adjacent to the Theatre, and requires that the
successful proposer retain Colony Cafe, Inc, as the cafe operator, in accordance with the terms the
existing sublease, 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 was to expire 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 cafe has been operating
since June 2000.
On August 8, 2000, RFP No. 86-99/00 was issued and notices were sent to 302 individuals/firms,
with seven (7) individuals/firms requesting a copy of the RFP, The Concert Association was the sole
respondent.
Letter to Commission (LTC) No, 265-2000, appointed the following individuals to serve as
Evaluation Committee (the Committee) members:
David Alt
Rick Sisser
Steve Sauls
*David Whitman
*Beth Boone
Grisette Rogue
Joseph Fontana
*Recused as a result of conflict of interest, Robert Reboso was added to the Committee as a
replacement for David Whitman,
Colony Theater RFP
April 18, 2001
Page 3 of3
On February 20, 2001, the Committee convened and reviewed the proposal
package/materials submitted by the Concert Association, and also conducted a question
and answer session with several Concert Association staff members. The Committee
decided that deliberations would be scheduled for and held at a later date.
On March 12, 2001, the Committee re-convened and proceeded to discuss the various
options available (i.e. re-bid the project, recommend for/against the Concert Association).
After much discussion, the Committee voted unanimously to recommend to the City
Manager that the Concert Association be awarded the management and operation of the
Colony Theater. The term of the contract will be for 3 years with the option to renew for
2 additional years.
The Administration concurs with the Evaluation Committee's recommendation and
requests that the Mayor and city Commission accept said recornrnendation; authorize the
Administration to negotiate an agreement with the Concert Association; and if
unsuccessful in negotiating and agreement with the Concert Association, authorize the
Adrninistration to issue an RFP for the management and operation of the Colony Theater.
f:.JtJ-
JMG:CMC:JD:GL