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HomeMy WebLinkAboutR-99-0563J-99-622 7/16/99 RESOLUTION NO. 9 9 563 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR FIFTHS (4/5Txs) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE. CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, FOR THE AUDIO, VISUAL AND CONCESSION EQUIPMENT FOR THE CITY -OWNED TOWER THEATER; AND AUTHORIZING THE CITY MANAGER TO SOLICIT INFORMAL BIDS AND EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER(S); 'ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT No. 322061, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT ORDINANCE NO. 11705, AS AMENDED. WHEREAS, the rehabilitation of the City -owned Tower Theater is expected to be substantially completed by August 1999; and WHEREAS, the acquisition, installation and testing of the highly specialized audio-visual equipment will require at least three months after a purchase order is complete; and WHEREAS, funds are available from the Capital Improvement Project No. 322061, the Annual Appropriations and Capital Improvement Ordinance No. 11705, as amended. WHEREAS, the City Manager has made a written finding that an emergency exists and recommends the requirements for competitive bid procedures be waived due to time constraints and the specialized nature of the acquisition, installation and testing of the audio, visual equipment and recommends informal solicitation of bids; CITY" ? MRii.ti?"';.i'�,'; J U L 2 7 1999 Resolution No. 99- 563 • • NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5th,) affirmative vote of the members of the City Commission, after a duly advertised public hearing, ratify, approve and confirm the City Manager's finding an emergency, waiving the requirements of competitive sealed bids, and authorize the solicitation of informal bids for the audio, visual and concession equipment for the City -owned Tower Theater. Section 3. Upon receipt of informal solicitations, the City Manager is hereby authorized!/ to execute an agreement, in a form acceptable to the City Attorney, for said services, equipment, goods and materials with the lowest responsive and responsible bidder(s) for the work required for to complete the Tower Theater. Section 4. Funds in the amount not to exceed $230,800, being therefor hereby allocated from Capital Improvement Project No. 322061. �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - 2 - 99 563 • • Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 27th day of July , 1999. JOE CAROLLO, MAYOR ha accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of f legislation by signing it in the designated place ovided, said legislation now l'omes effective with the elapse of ten (10) days fr he dmmissicn i t mkpiding- same, without the Mayor etcisincr a)mejV ATTEST: WALTER J. FOEMAN CITY CLERK .. CORRECTNESS:b DRO VILARELLO TTORNEY 613:RCL Walter s If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: DATE: �i�L j L "� FILE The Honorable Mayor and Members the City Commission SUBJECT: Tower Theater Audio/Visual and Concession Informal Bids FROM: onald H. Warshaw REFERENCES ' For Commission Meeting of City Manager ENCLOSURES: July 27, 1999 RECOMMENDATION It is respectfully recommended that the Miami City Commission adopt the attached Resolution approving the City Manager's finding that an emergency situation exists, waiving the requirements for competitive bidding procedures, and authorizing the City Manager to solicit informal bids and execute a contract with the lowest responsive and responsible bidder(s) to provide the audio/visual and concession equipment for the Tower Theater. BACKGROUND The Department of Public Works is the lead department supervising the rehabilitation of the Tower Theater and has determined a substantial completion of the project for August 1999. The funds for the audio/visual and concession equipment were recently appropriated through the Annual Appropriation Ordinance No. 11705 at the City Commission meeting of May 11, 1999. The acquisition, installation and testing of the highly specialized audio/visual equipment will require at least three months once the purchase order is completed. The completion of the Tower Theater, as the centerpiece of economic and cultural revitalization for the Latin Quarter and the greater community, would serve to improve the quality of life and protect the welfare of the public who would utilize the facility. It is in the best interest of the City, that the equipment be installed in order to open the Theater before the end of the year. Proceeding under a normal bidding process on this project is not practical nor advantageous to a timely completion. Therefore, the expenditure of the funds not to exceed $223,800, constitutes a valid emergency with respect to this project. In addition, the City Commission on June 8, 1999, approved the City Manager's recommendation to accept the proposal of Jaime S. Angulo and Cesar R. Soto to provide the professional management services for the Theater and, pending compliance with legal documents by July 15, 1999, the City would initiate negotiations for a management agreement. The management agreement is expected to be scheduled for City Commission approval in September 1999. The Department of Real Estate and Economic Development administered the evaluation process for professional management services of the Tower Theater. The Department of Planning has prepared the attached documentation. The Department of Asset Management is the lead department on the management agreement. 99- 563 TO: Donald H. Warshaw City Manager FROM: �/,�J'2%�/�✓ Ana Gelabert, Directi�����✓' Department of Planning CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: JUL�1 9 19N SUBJECT: Waiver of Formal Bid Process, Tower Theater AudioNisual and Concession Equipment REFERENCES: ENCLOSURES: FILE : I am requesting approval for waiving the formal bid process for the Tower Theater audio/visual and concession equipment because of the time constraints and the need for a timely completion of the Tower Theater. The Department of Public Works is the lead department supervising the rehabilitation of the Tower Theater and has determined a substantial completion of the project for August 1999. This emergency arose because the original funds for the equipment were transferred in 1998 to complete the rehabilitation and construction of the Theater. Funds for the equipment were not identified until this year and recently appropriated through the Annual Appropriation Ordinance No. 11705 at the City Commission meeting of May 11, 1999. The acquisition, installation and testing of the highly specialized audio/visual equipment will require at least three months once the purchase order is complete. The amount appropriated for the equipment is $223,800. Informal quotes with be obtained and the job will be awarded to the lowest responsive and responsible bidder(s) to provide the audio/visual and concession equipment for the Tower Theater. If approved, the item to waive the formal bid process I and proceed with informal bid will be scheduled at the July 27, 1999 meeting of the Miami City Commission. I Approve, _.... Disapproved_ yl 5 B S.k,t V I- 99- 563 J-99-419 I I 5/4/99 11 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTIONS 1, 3, 4, 5 AND 6 OF ORDINANCE NO. 11705, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1999, FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS, -RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS AS ARE MORE PARTICULARLY DESCRIBED HEREIN; REVISING CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99 IN THE GENERAL GOVERNMENT, PUBLIC SAFETY, SOCIAL AND ECONOMIC ENVIRONMENT, PARKS AND RECREATION, PUBLIC FACILITIES, TRANSPORTATION AND PHYSICAL ENVIRONMENT AREAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Commission adopted Ordinance No. 11705, the Annual Appropriations Ordinance, on September 28, 1998, establishing revenues and appropriations for the City of Miami, Florida, for the Fiscal Year ending September 30, 1999; and WHEREAS, Ordinance No. 11705 includes appropriations and annual budget allocations for Capital Projects. for Fiscal Year 1998-99; and WHEREAS, it is necessary to revise previously approved Capital Projects and to appropriate new Projects to be initiated during Fiscal Year 1999; and WHEREAS, the total appropriations in the General Fund for. the Fiscal Year ending on September 30, 1999 increased from 9. 0 $287,995,182 to $296,335,182; and WHEREAS, prior .year fund balance rollover in the amount of $3,668,633 further adjusts the Fiscal Year 1999 Budget bringing the total to $300,003,817; and WHEREAS, the total appropriations in the Special Revenue Fund for the Fiscal Year ending on September 30, 1999, increased from $114,477,228 to $114,818,326;.and WHEREAS, the total appropriations in the Trust and Agency Fund for the Fiscal Year ending on September 30, 1999, increased from $1,865,265 to $1,940,160; and WHEREAS, the sources of funds for the General Fund appropriation increases are prior year fund balance rollover totaling $3,698,633, Blue Ribbon Initiatives (designated fund balance) totaling $8,115,000, and Urban Search and Rescue Grant of.$225,000; and WHEREAS, the sources of funds for the Special Revenue Fund appropriation increases are Metro Dade Tourist Bed Tax, $1,810,500; E911, $400,000; Public Service Taxes, $900,000; Recreation Activity Grants, $284,444; Fire Fee Fund Balance,-. $4,272,183; Fee from Mercy Hospital, $10,000, Blue Ribbon Initiative, $30,000; Prior Year Encumbrance, $29,971; and WHEREAS, the source of funds for the Trust and Agency increase is an Inter, -Fund Transfer (general fund) in the amount of $74,893; and WHEREAS, the amendment seeks to begin implementation of the staged -hiring salary reductions in the amount $1,941,739 for s 99- 563 2 - selected departments where salary savings exist; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Sections 1, 3, 4, 5 and 6 of Ordinance No. 11705, adopted September 28, 1998, the Annual Appropriations Ordinance for the Fiscal Year ending September 30, 1999, are hereby amended in the following particulars:!/ Section 1. The following appropriations are made for the municipal operations of the City of Miami, Florida, for the Fiscal Year ending September 30, 1999, including the payment of principal and interest on all General Obligation Bonds: Departments, Boards, and Offices Appropriations GENERAL FUND Mayor $ 4611,-ZC-g $470, 787 Board of Commissioners 6;16 y-so4 879,363 Office of the City Manager 6 905,575 Office of Asset Management 84,3.1E9,' 861,314 Office of City Clerk 6861`63 586,358 Office of Civil Service 8 251,297 Office of Media Relations 292,818 Office of Equal OppoKtunity/Diversity Programs 214,586 Office of Hearing Boards 838,&kGGL 520,060 Office of Labor Relations 466'r88 467,375 Office of Professional Compliance —8' 8G�z 219,302 Building and Zoning 1,848rG96 3,948,979 Conferences, Conv. & Public Facilities 4.,-04-1,W92 4,260,045 1/ Words and/or figures stricken through shall be .deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. { 99- 563 3 - Departments, Boards, and Offices GENERAL Finance Fire - Rescue General Services Administration Human Resources Information Technology Internal Audits Law Management and Budget Parks and Recreation Pension Planning Police Public Works Purchasing Real Estate and Economic Development Risk Management Solid Waste Non -Departmental Accounts (SP&A) TOTAL GENERAL FUND GENERAL OBLIGATION BONDS TOTAL GENERAL OPERATING APPROPRIATIONS Appropriations (Con't) 4, nis,.4-a 4,129,727 45,669,179 12,765,473 -,.6112,..C3„1j 1, 516 , 182 6' 6G:'G.4G 5,438,573 ;164_7$,ia. 692,978 3,198,272 1 , Z62.,.;48 1,761,639 8'46n.r8.8 � 8,459,101 13,972,395 1,117,235 ASS 0 84,500,611 ;"' Gi' 224 9,109,749 53a,-nn]� 838,743 1,063,168 37,299,533 39,-46; 1 30- 18, 528, 875 36,064,525 $ 300,003,817 21,031,690 $Z43,-GAG,-8 7,a. 321,035,507 Section 2.The following appropriations are made for the municipal operations of Debt Service Funds of the City of Miami, Florida for Fiscal Year 1998-99: DEBT SERVICE FUNDS Appropriation TOTAL DEBT SERVICE FUNDS (Excluding General Obligation Bonds). $ + + 32,594,024 99-- 563 - 4 - Section 3. The following appropriations are made for the municipal operations of Special Revenue Funds for the Fiscal.Year 1998-99: SPECIAL REVENUE FUNDS Community Development Block Grant Downtown Development Supplemental Fee E-911 Emergency System Environmental Storm Sewer Water Fund Fire Assessment Fee Health Facilities Trust Housing Conservation Impact Fee Administration Law Enforcement Training Fund Local Option Gas Tax Miami Convention Center Neighborhood Enhancement Team Rescue Services Public Services Taxes Fire &•Police State Insurance Proceeds Parks -Developmentally Disabled Grant Parks -Recreation Activity Consolidated Workforce Development TOTAL SPECIAL REVENUE FUNDS Appropriations $ 15,655,000 18,000 1,744,000 9,000,000 4, -,-lS 1 8,544,366 10,000 18,033,013 34,041 103,000 6,775,138 4,-;142,-;T►C 6,558,250 3,021,126 �-96p, 0-9 11999,000 36,956,646 0 321,097 +0 329,094 5,716,555 114,818,326 Section 4. The following appropriations are made in Trust and Agency Funds: TRUST AND AGENCY FUNDS OMNI Tax Increment District Fund SEOPW Redevelopment Trust Fund TOTAL TRUST AND AGENCY FUNDS Appropriation $ 946, 6:'J�3 0 .1 6n,-Kr, 891,021 31,049,137 $ 666, n66 1,940,168 Section 5. The above appropriations are made based on the following sources of revenues for Fiscal Year 1998-99: GENERAL FUND Revenue All Sources $ 300, 003, 817 TOTAL GENERAL FUNDS $300,003,817 - 5 - 99- 563 GENERAL OBLIGATION BOND All Sources $ 21,031,690 TOTAL GENERAL OBLIGATION BONDS $ 21,031,690 TOTAL OPERATING REVENUES $ 321,035,507 DEBT SERVICE FUNDS Guaranteed Entitlement Non -Ad Valorem Bonds, Bonds, etc. $ 32,594,024 Housing Revenue Section 6. The following appropriations are made for implementation of all municipal capital improvements of the City of Miami, Florida, including new capital improvement projects scheduled to begin during Fiscal Year 1998-99. The appropriations which are designated by reference to. descriptive project title and number also include appropriations for previously approved scheduled projects as well as reappropriations of prior fund appropriations. The sources of revenues to support the appropriations are identified and being set forth for seven program (I- VII) areas based upon use or functional category. within said areas: The following appropriations in all Capital Projects are in the thousands of dollars. I. GENERAL GOVERNMENT + + + + 2. UPGRADE MAINFRAME COMPUTERS & PERIPHERALS 311015 (a) $3,977.0 (b) $ 291.0 $2,965.4 ( c ) J;3,-1,1 4-1 " (d) $ 900.0 (e) $ 100.0 (f) $ 387,9 (g) $ 595.0 (h) $ 44.3 Total FY' 98-99 Project Budget Appropriation Allocation + $0,324+-a $9 8 $9,262.7 $64.0 - SPECIAL ASSESSMENT COLLECTIONS - GUARANTEED ENTITLEMENT REVENUE BONDS -FY89 CONTRIBUTION FROM FY ' 97 GENERAL FUND SUNSHINE STATE COMMERCIAL PAPER 1994 1970 POLLUTION G.O. BONDS- INTEREST 1981 FIRE G.O. BONDS 1884 POLICE G.O. BONDS - 87 SALE Capital Project Revolving Account + _ 6 _ 99 - 563 The following appropriations in all Capital Projects are in the thousands of dollars. Total FYI 98-99 Project Budget Appropriation Allocation S. FINANCIAL INFORMATION SYSTEM 311027 $rP24 n 680.0 $690.0 150.0 (a) $36.0 - CERTIFICATE OF PARTICIPATION (b) $50.0 - 1984 POLICE G.O.B. 88 SALE - INTEREST (c) $400.0 - SUNSHINE STATE Commercial Paper 194 (d) $35.0 - VIRGINIA KEY LANDFILL SALE (e) $27.0 - FY ` 89 SUNSHINE STATE BOND PROCEEDS (f) $25.0 - 1984 STORM G.O. BONDS - 88 SALE $32.0 (g) $16 0 - DADE COUNTY SEAPORT LAND SETTLEMENT (h) $60.0 - PROCEEDS NEW PORT BRIDGE LAND SALE (i) $25.0 - 1980 SANITARY SEWER G.O. BONDS - 87 SALE 11. PC's and Networking for A&I Qr aG SATELLITE LOCATIONS 311044 $1,500.0 $699.-0 500.0. (a) $500.0 - CONTRIBUTION FROM FY199 GENERAL FUND (b) $1,000.0 - Contribution from FY 199 General Fund (F.E.C.Property Sale Proceeds) * * * * * 14. CLEARPATH COMPUTER AND RELATED SOFTWARE UPGRADES 311603 $7,500.0 $1,700.0 $2,760.0 (a) $2,cGO 0 - Contribution From FYI 98 General Fund(F.E.C. PROPERTY SALE PROCEEDS) (b) $4,740.0 - Contribution From FY199 General General Fund (F.E.C. Property Sale Proceeds) * + + + + 21. HEAVY EQUIPMENT REPLACEMENT 311702 $897.5 $525.0 (a) $397.5 - CONTRIBUTION FROM FY' 98 GENERAL FUND (b) $500.0 - CONTRIBUTION FROM FYI 99 GENERAL FUND fig- 563 The following appropriations in all Capital Projects are in the thousands of dollars. Total FYI 98-99 Project Budget Appropriation Allocation 23. FLEET MANAGEMENT BUILDING ROOF REPLACEMENT 311706 $ 65.0 65.0 $ 65.0 (a) $200 0 - CONTRIBUTION FROM FY' 99 GENERAL FUND 27. REPLACEMENT OF CITYWIDE FLEET $5,818.8 $3,733.3 311850 -G.73+J a (a) $2,085.5 - CONTRIBUTION FROM FY' 98 GENERAL FUND $3, 637.2 (b) $3S - CONTRIBUTION FROM FY' 99 GENERAL FUND (c) $ 96.1 - Contribution from Special Revenue Fund (Alternative Fuel Vehicle Grant) 28. SAFETY INFRASTRUCTURE REPAIRS 311927 $262.6 Gl+.� $10 . 0 $262.6 CONTRIBUTION FROM FY' 97 GENERAL FUND 32. Media Relations Equipment Acquisition 311051 $75.0 $ 75.0 (a) $75.0 - Contribution from FY 199 General Fund 33. Upgrades to PC Software and Hardware 311608 $2,000.0- $500.0 (a) 2,000.0 - Contribution from FY 199 General Fund (F.E.C. Property Sale Proceeds) Public Safety Fire -Rescue 4 f 4 i ;J a fa.3 - 8 - • The following appropriations in all Capital Projects are in the thousands of dollars. Total FYI 98-99 Project Budget Appropriation Allocation 20. Fire Station and Building Renovations 475.0 475.0 313302 444.4 4446.4 47S.0 (a) 400 9 - Fire Assessment Fee 21. Fire Department Computers and Communications 180.0 180.0 313303 344-0 ago 180.0 (a) ;60 9 - Fire Assessment Fee 22. Fire Rescue Equipment 375.0 375.0 313304 dig 9 375.0 (a) Fire Assessment Fee III. SOCIAL AND ECONOMIC ENVIRONMENT + + + + I. LATIN QUARTER SPECIALTY CENTER - LAND ACQUISITION S 981.6 $ 0.0 321038 $, y n o r-4 $�,.a (a) $300.0 - FLORIDA ECONOMIC DEVELOPMENT GRANT $276.2 (b) $G4C-r0 - MUNICIPAL SHOP PROPERTY SALE (c) $40S.4 - FLORIDA LEAGUE OF CITIES BOND POOL 5. TOWER THEATER REHABILITATION $2,750.6 2,326.S 322061 ice,-G36—a 4.,.7.04 4 (a) $3S2.8 - FLORIDA DEPARTMENT OF STATE GRANT (b) $500.0 - 'FLORIDA CULTURAL FACILITIES GRANT (c) $6S0.0 - COMMUNITY DEVELOPMENT BLOCK GRANT - 21 -T YEAR (d) $304.0 - COMMUNITY DEVELOPMENT BLOCK GRANT - 221D YEAR (e) $370.0 - COMMUNITY DEVELOPMENT BLOCK GRANT - 2 3 RD YEAR (f) $100.0 - COMMUNITY DEVELOPMENT BLOCK GRANT - 22'0 YEAR REVENUE (g) $250.0 - COMMUNITY DEVELOPMENT BLOCK GRANT - UNEXPENDED FUNDS (h) $223.8 - Municipal Shop Property Sale (Proceeds from Sale of Land) 99- 563 - 9 - The following appropriations in all Capital Projects are in the thousands of dollars. Total FY' 98-99 Project Budget Appropriation Allocation 6. RIVERSIDE RIVERFRONT REDEVELOPMENT $751.5 322064 $4cc'. $355.2 (a) $44.5 PRIVATE DEVELOPER CONTRIBUTION (b) $200.0 FLORIDA STATE DIRECT APPROPRIATION (c) $160.7 96 SAFE NEIGHBORHOOD PARK BOND 46.3 (d) &4-4 FLORIDA DEP COASTAL MANAGEMENT GRANT (e) '$300.0 STATE OF FLORIDA DIRECT APPROPRIATION FY'98 + + + 8. Lummus Park Historical and Cultural Village 322066 (a) $50.0 96 Safe Neighborhood Park Bond (2nd Year) IV. PARKS AND RECREATION 1. Lummus Park Redevelopment 331042 (a) $16.0 Florida Department Of State Grant (b) $94.5 Contribution From 197 General Fund (c) $57.5 Community Development Block Grant -3rd Yr (d) $0.4 Community Development Block Grant -4th Yr (e) $147.9 Community Development Block Grant -6th Yr (f) $79.5 Community Development Block'Grant -12th Yr (g) $200.0 Community Development Block Grant -16th Yr (h) $96.1 U.S. Department Of Interior, Land & Water Conservation Grant (i) $59.0 Sunshine State Bond Pool Proceeds , ,--�..a�:.r ) + + + $50.0 $50.0 $750.9 $103.1 10 - The following appropriations in all Capital Projects are in the thousands of dollars. Total FY' 98-99 Project Budget Appropriation Allocation 17. SIMPSON PARK RENOVATIONS $ 331346 $432.6 $163.8 jiir-.G S3�3...8 (a) $50.0 - FLORIDA DEPARTMENT OF STATE GRANT (b) $58.8 - DADE COUNTY ADA GRANT , (C) $25.0 - CONTRIBUTION FROM FY97 GENERAL FUND (d) $163.8 - 96 SAFE NEIGHBORHOOD PARK BOND (e) $35.0 - 1972 PARKS AND RECREATION G. O. BONDS (fl $100.0 - 96 SAFE NEIGHBORHOOD PARK BOND 87. Biscayne Heights -Park $32.8 $32.8 333129 $32.8 (a sa roo 0 - 96 Safe Neighborhood Park Bond (2nd Year) 89. Renovation Of Melreese Golf Course 3,930.0 240.2 416048 goo 0 Qa.0.3 (a) 3,100.0 - Sunshine State Secondary Loan (b) 800.0 - Contribution From FY1987 General Fund (c) 30.0 - Interest On Investment V. Public Facilities Marinas * • * f t 43.34G3 7Ra-.4 �7..�. 99- Duo The following appropriations in all Capital Projects are in the thousands of dollars. Total FYI 98-99 Project Budget Appropriation Allocation 45 Dinner Key Boatyard Upland Improvements 418001 $1,000 $90.0 (a) 1,000 - Sunshine State Commercial Paper '95 46. Merrill Stevens Grounds and Parking Area/ DSR #3041 418402 (a) 184.4 Andrew-FEMA Recovery (b) 65.0 Contribution from Off -Street Parking 7. Dinner Key Boatyard Docks/DSR #3040 418406 (a) 2,510.5 - Andrew - FEMA Recovery VI. Transportation. Streets � � f 2. Citywide Street Improvements - $ 249.4 $ 0.0 2,510.5 200.0 FY'96—FY'99 $1,318.0 S1,020.4 341170 $1,220 a J i Q4Q (a) $1,280.6 - CIP Local Option Gas Tax (b) 25.0 -• Contribution from Coconut Grove Trust Fund (c) 12.4 .34 - - Find FY 1996-1997 Waterways Assistance Program 3. Rebuild Sidewalks and Streets-FY'1995-99 1,103.3 568.5 341171 - p 32; 3 1,103.3 (a) 0'1;6.9 - CIP Local Option Gas Tax c _ 12 - 99- 563 i' • • The following appropriations in all Capital Projects are in the thousands of dollars. Total FY' 98-99 Project Budget Appropriation Allocation vII. Physical Environment Solid Waste 6. Solid Waste Capital Improvements FY1999-F'Y2003 3 5 3 015 - t=�--r► 1,282.6 ,282.6 1,282.6 (a) i► - Contribution from FY' 99 General Find } + + + + 11 Section 3. All ordinances or parts of ordinances insofar as they are in conflict with provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon adoption and signature of the Mayor?. PASSED ON FIRST READING BY TITLE ONLY this 27th day of If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor, vetoes this Ordinance, it shall become effective immediately. upon override of the veto by the City Commission. - 13 April 1999. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this llth day of .May 1999 ATTEST: WALTER J. FOEMAN CITY CLERK JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mavor did not indicata apomvel of this legislation by signing it in the designated placE prodded. s2iri becomes effective with the elapse often (10) drieto. from 1: ate of ; ssz;, Ainregarding same, without the Mayor exert , It APPROVED AS. -TO ORM"AND CORRECTNESS: T)VATTORNEY oe 03:RCL:BSS :...ity :;fork - 14 - 99- 563 J-99-338 5/14/99 RESOLUTION NO. 9 9— 3 S U A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY MANAGER'S RECOMMENDATION TO ACCEPT THE PROPOSAL RECEIVED FROM JAI" S. ANGULO AND CESAR R. SOTO AS BEING THE MOST QUALIFIED TO PROVIDE PROFESSIONAL MANAGEMENT SERVICES FOR THE CITY -OWNED TOWER THEATER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH JAIME S. ANGULO AND CESAR R. SOTO; AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR RATIFICATION AND APPROVAL. WHEREAS, the City of Miami pursuant to the City Code of the City of Miami, issued a Request for Proposals (RFP) on February 9, 1998 for the management of the City -owned Tower Theater; and WHEREAS, in response to the Request For Proposals, three proposals were received; and WHEREAS, an Evaluation Committee, appointed by the City Manager, to evaluate the qualifications and related information provided by the three proposers, finds that the proposal of Jaime S. Angulo and Cesar R. Soto is the highest ranked and most 9u- 56.3 ATTACHCON, 7� ► era qualified proposal to provide the required professional services; and WHEREAS, the City Manager, taking into consideration the findings of the Evaluation Committee, recommends the proposal of Jaime S. Angulo and Cesar R. Soto be accepted; and WHEREAS, the City Manager has transmitted to the City Commission his recommendation and has included herein the Evaluation Report from the aforementioned Evaluation Committee; and WHEREAS, the above actions and evaluation procedures have been performed in accordance with applicable City Charter and Code provisions; and WHEREAS, notwithstanding the ranking of any of the proposers, the City Commission has the discretion to eliminate any recommended proposer for any reason regardless of ranking; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Miami City Commission hereby approves the City Manager's recommendation to accept, ]based on the findings of the'Evaluation Committee for the Professional Management of the Tower Theater, the proposal received from Jaime S. Angulo and Cesar R. Soto, as being the most qualified to provide the professional management services for the Tower Theater, subject 2 9Z-4-ki to satisfaction, in the sole discretion of the City, of the following conditions not later than July 15, 1999: a. Incorporation, pursuant to applicable laws, of the entity that will serve as the operator of the Tower Theater; b. Incorporation, pursuant to applicable laws, of a non-profit corporation to serve as a fund raising entity for the Tower Theater; C. Submission of the following to the City: (i) Operating plan, including operating budget 1 and projected financial return to the City; (ii) Financing plan; (iii) Financial strategy; (iv) Such other documents as may be requested by the City. Section 3. The City Manager is hereby authorized'' to negotiate an agreement, in a form acceptable to the City Attorney, with Jaime S. Angulo and Cesar R. Soto, for the management of the Tower Theater, taking into consideration the suggestions in the Evaluation Committee Report attached hereto and made a part hereof. Section 4. In the event that the City Manager cannot negotiate an agreement which, in the opinion of the City Manager, is fair, competitive and reasonable with the first ranked proposed, the City Manager is hereby authorized to terminate such lJ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - _- `- 99- 563 negotiation and to proceed to negotiate with the second most qualified .proposer (s). In the event that City Manager fails to negotiate a satisfactory agreement with the second proposer(s), then City Manager is authorized to undertake negotiations with the third most qualified proposer(s). Section 5. The City Manager is hereby directed to present the negotiated management agreement to the City Commission at its earliest scheduled meeting for its ratification and approval. J Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 8th day of June , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec, 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten 00) delays f�m the date of Commis n ac;;", regarding same, without the Mayor exercisima� alb, 7'1 ATTEST: 11._'N-r-j Fn—f;l 01erk WALTER J. FOEMAN CITY CLERK APPROVED AS FORM CORRECTNESSt/ ZCFfTYf ATTORNEY 379:RCL If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 4 - C 2 — 99- 563 EVALUATION COMMITTEE REPORT FOR PROFESSIONAL MANAGEMENT - OF THE TOWER THEATER Prepared By: City of Miami Department of Real Estate and Economic Development April 19, 1999 A. J. i8`4d PROFESSIONAL M GEMEN OF THE TOWER THEATER - EVE ION COMMITTEE REPORT INTRODUCTION The City of Miami issued a Request for Proposals (RFP) for the Professional Management of the Tower Theater on February 9, 1998. The RFP sought a qualified and experienced firm for the management, operation and maintenance of the City - owned Tower Theater, located at 1508 S.W. 8'" Street, from qualified commercial cinema operating firms and/or individuals. Four (4) proposals were received by the City Clerk on April 30, 1998, and transmitted to the Department of Real Estate and Economic Development (formerly the Department of Planning and Development). The Department administered the evaluation process. The Evaluation Committee for the Professional Management of the Tower Theater has concluded its evaluation -of the three (3) proposals -and interviews of the teams.. (One - proposer withdrew prior to the first interview.) The Committee's Evaluation Report is hereby transmitted to the City Manager Donald H Warshaw. Based on the findings of the Committee, the City Manager will present his recommendation to the City Commission as to the most qualified team to provide management services for the. Theater. If the recommendation is accepted by the Miami City Commission, the Commission may authorize the City Manager to enter into negotiations with the recommended team for a management agreement. The negotiated agreement will be scheduled before the Commission for approval. 2 PROFESSIONAL&AGEMENT. OF THE TOWER THEATER - ION COMMITTEE REPORT Committee meetings. The Committee was comprised of five (5) members as listed below. The Committee met four times. City staff from the Department of Real Estate and Economic Development (REED) and the City Attorney's Office administered the process. The meetings were duly advertised and recorded. MEMBER TITLE DEPARTMENT/ORGANIZATION Michael Brown President Wometco Enterprises Rem Cabrera Chief of Miami -Dade Cultural Affairs Cultural Council Development Neida Galvez Account Supervisor Department of Finance, City of Miami Nelson Gayton Producer Crayon Pictures Entertainment, Inc. Oliverio Sanchez Project Manager Bermello Ajamil & Partners, .Inc. PUBLIC OUTREACH, NOTIFICATION AND PARTICIPATION In order to receive the greatest number of qualified proposals, the Department of Real Estate and Economic Development administered an extensive mailing and notification campaign promoting the Request for Proposals for the Professional Management of the Tower Theater. In cooperation with the City's Office of Media Relations, press releases of the RFP in English and Spanish were sent through the news wire services. The Project Manager, Lilia Medina, faxed the press releases to over seventy (70) contacts in the film, theater and entertainment industries (trade publications such as Daily Variety and Backstage, production departments in film schools, cultural and tourism governmental entities). The relevant vendors from the list of the City's Procurement Department were also notified. The public notice for the RFP was listed in the City's Web Page on the Internet. The RFP document was mailed or released to nineteen (19) individual requestors as noted in the Department of REED request logs on file at the Department's offices. .; - 563 PROFESSIONALS GEMENT OF THE TOWER THEATER - Ef .ION COMMITTEE REPORT City's operating goals and management objectives. The principal made references to the importance of the Welcome and Interpretive Center and had approached a neighborhood -based development corporation. The team is incorporated but, the entity is newly formed and has no prior financial history. The operating budget was very general and appears understated. Without a definitive financing plan, the financing strategy and operator's financial capability cannot be assessed. The principal stated that the economic return to the City was minimal, at best. 3. Valentino Cinema, Inc. The team was ranked third by the Evaluation Committee. The team has extensive experience in operating first -run commercial cinemas such as Valentino Cinema on S.W. r Street The team specializes in English language films with Spanish sub -titles. The team addressed the food service component by providing the regular concession offerings found in most cinemas. Although the team suggested that they would exhibit, organize and promote what the audience and market desired, the program proposed was not reasonable to meet the City's operating goals and management objectives. The team had no experience working with non-profit organizations. The principals appear capable of investing equity. However, without a definitive financing plan, the financing strategy and operator's financial capability cannot be assessed. The economic return to the City (management fee and percentage from gross income) needs to be further defined and appears very optimistic. EVALUATION COMMITTEE PROCEEDINGS Meeting of June 24, 1998 On Wednesday, June 24, 1998, the Evaluation Committee for the Professional Management of the Tower Theater convened at 1:00 p.m. for the first time to interview the three (3) proposing teams and evaluate their proposals. All Committee members were in attendance. The RFP for the Professional Management of the Tower Theater and copies of the three responses to the RFP had been mailed previously to all members of the Evaluation Committee on Thursday, June 18, 1998. The Evaluation Committee was tape recorded and the meeting was advertised in the Miami Daily Business Review as a public meeting and notice posted throughout the City of Miami Riverside Center Building. A summary of the June 24, 1998, proceedings is as follows: 99- 563 6 ?"i! aJ . PROFESSIONAL ISAGEMENT OF THE TOWER THEATER AL ON COMMITTEE REPORT 8. The Evaluation Committee agreed not to allot any points for the criteria "extent of Minority/Women participation" due to the ineligibility of one of the proposers and the non -responsiveness of two of the proposers. 9. The Committee then agreed to make their final decisions conceming points for the "extent of Minority/Women participation" on the next day of scheduled interviews, Friday, June 26, 1998, to allow. any last minute forms submitted by the proposers for certification to be filed. 10. Staff provided information in determining whether the firms were located within the City incorporated boundaries for the local preference category. The Evaluation Committee agreed to allocate five (5) points to the one proposer, South Florida Cinema Corp., located within the City of Miami. 11. The Committee was advised that proposals were to be evaluated solely on the basis of criteria contained in the RFP (pp.12-19), and the Evaluation Criteria fom-is provided in the Committee's packet 12. A question on background checks of the proposers was posed. Assistant City Attorney, Julie O. Bru, advised the committee members that the review would be done at the time of executing the management agreement between the City and the selected proposer. 13. The evaluation criteria, scoring, and ranking as established in the RFP (pp.17-19) was discussed and the evaluation forms, based on those criteria, were accepted by the Evaluation Committee. 14. Jose Casanova from the Department of Planning provided an overview of the current construction status of the Tower Theater and development in the Latin Quarter District. 15. The Evaluation Committee took an intermission at 2:50 p.m. 16. The Evaluation Committee reconvened after its intermission at 3:15 p.m. on June 24, 1998, for the first presentation by Valentino Cinema, tnc. represented by Andres M. del Campo, Cesar M. del Campo and Andrew P. Marrero. The Evaluation Committee individually evaluated each proposal and held open discussions regarding the expertise and benefits of each proposal. 17. The members of Valentino Cinema, Inc. gave their presentation, which ended at 4:05 p.m. 99- 563 8 PROFESSIONAL AGEMENTOFTHETOWER THEATER- EO ION COMMITTEE REPORT Meetings of March 11 and 23, 1999 On Thursday, March 11 and Tuesday, 23, 1999, the Evaluation Committee for the Professional Management of the Tower Theater convened to conduct the final presentation and interviews of the evaluation process for professional management services. All members of the Committee were in attendance on both dates. The three teams were invited to make presentations. The Committee meeting was advertised as a public meeting in the Miami Business Review. Notices were also posted and the proceedings were recorded. The project, date and committde members were -introduced for the record. On March 11, 1999, at 9:00 a.m. the Committee convened to interview two of the three teams for the final presentation, the proceedings are as follows: Erdal Donmez, Director, Department of Real Estate and Economic. Development provided the status of the project, assisted by Lilia Medina, Project Manager. The evaluation process was then reviewed by the committee members and staff for clarity. Each Committee member voiced strong reservations as to the proposals that were received. There are huge gaps in each response to the RFP. There are major differences between the proposals and vision of each of the teams. The Committee agreed strongly that the most viable vision for the management of the Theater would be a multi -component programming plan that would make the Theater a dynamic venue to function as a destination point for tourists and residents from throughout the County. It was then suggested that the City incorporate a mechanism such as a foundation or a non-profit organization with at 3gressive fundraising experience in cultural and special events. One Committee member suggested an educational partnership with the universities of UCLA and FIU. Most importantly, the Committee was concerned about the start up cost of the facility, and questions on these issues were directed to each proposers during the interview. The team of Jaime S. Angulo and Cesar R. Soto was interviewed between 10:30 a.m. to 11:15 a.m. The team of Valentino Cinema, Inc. was interviewed between 11:30 a.m. to 12:15 p.m. A brief discussion of the parking issues was discussed by the Committee. A summary of the Committee's concerns and questions that were directed to the proposers are as follows: 1. What was the proposers vision in their programming, operations, fundraising, marketing and promotions relative to the greater community and audience? 99- 563 PROFESSIONAL ASAGEMEN7 OF THE TOWER THEATER - A ION COMM1 TEE REPORT The ranking of each team was announced publicly by each Committee member and recorded in the Ranking Summary form by staff. Each Team's new total score was ranked based on the highest score receiving a rank of #1, the next highest score a rank of #2, and next the rank of #3. (see attached Evaluation Summary Sheet, Exhibit 2) The Committee's final rank order recommended to the City Manager is as follows: #1 Jaime S. Angulo and Cesar R. Soto. #2 South Florida Cinema Corporation, Inc. #3 Valentino Cinema, Inc. RECOMMENDATIONS TO BE INCORPORATED INTO THE MANAGEMENT AGREEMENT The Committee recommends the following (not in any order of importance) based on the proposer's written and oral responses to the Committee's review and interviews: L An advisory board should be created to oversee the operation of the Tower Theater. This should be done before agreement negotiations. If it is agreed that a non-profit organization manages the Theater, the organization creates the advisory board. In negotiations on the agreement, the City may request that a member of the board be represented by the City. 2. City should assess the future mission of the Theater, not as a commercial first -run cinema facility, but as a destination for multi -component programming for tourists and residents from throughout Miami -Dade County. 3. City should provide a copy of the budget and specifications for the audio/visual equipment to the selected proposer for review and input. 4. Audio/visual equipment must meet the needs of the varied programs and activities that may be scheduled at the Theater, and the equipment should be considered as part of the revenue wherein it can be sold or depreciated overtime. 5. City should establish a partnership with the selected operator relating to the Welcome and Interpretive Center. 6. Terms of agreement may specify clauses in the criteria stipulating that if after two years no funds are generated, the City is entitled to contract with another operator. The two year period may not be enough time for a new organization and venue to be established. 7. City should request a personal guarantee from the selected operator. 8. City should have access to the theater under specific terms and conditions. 9. City needs to clarify exactly what is needed in a non-profit 501(c)3 organization. A workshop could be scheduled to review these issues with the selected operator, the City, the Evaluation Committee and maybe other 12 99 - 563 City of Miami, Department of Planning & Development PROFESSIONAL MANAGEMENT OF THE TOWER THEATER REFERENCE Crty of Miami Code, Sedion 18.8o EVALUATION Insifuct*ns Earn -WiM Of the Evaluebon C omminee wix eveluele lndMdwl teem PROJECT Proposals end k►dlcale a lwrnefl�l eoae ay • Protesslonal Mena�ement of th ToWe Th�tes�edrlxuede. EVAL AT O RITER Pokes Assleeed Andres M. Del Ca Team a General managemenUoperalion - qualifications an exper In cinema, stage events, exhibit planning and concessions services �r,Etel�fs financial -apabilitiy. Financial strategy which provides for the Management Fee, to be denved from Net Income and provides a Percentage from Gross Income after a certain breakpoint, to be paid to the City. , Compatibility of operating and management plan to operating goals and management objectives. E xien1 of Minonty/Women participation. C *APB' Local preference, If applicable. 10 5 5 TOTALI 100 FLANK ICamrr W" AMmbei Neme: Member Signetrns Date: ' P&— ( (Ui T I - mpo Jaime S. Angulo Valentino Cinema, Inc, Santiago Hernandez b Cesar Soto South Florida Cinema co. I l City of Miami, Department of Planning &Development PROFESSIONAL, MANAGEMENT OF THE TOWER THEATER REFERENCE C.ty or Miami Code, section to eo EVALUATION insliup,ons E a n rt*n'L't, of me Evaruauon Commi"ee will evaluate individual learn propo�a►s end Indkale a nW118ftCaf PROJECT score to the a Professional Management of the Twopdower T eat terOf ms ��� EVALUATION CRITER A Polnh A••►anw Andres M. Del General management/operation -qualifications and exper ence Valentino Cin® in cinema, stage events, exhibit planning and concessions services 0w:(ators Ianancral capabrbliy. Subtotal ` Financial strate subtotal gy whtclt provides for the Management Fee�Ibe derived from Net Income and provides a Percentage from Gross 20 Income after a cerlain breakpoint, to be paid to the City. Compatrbrtrry of operating and management pla�Iooperatlng Subto14 goais and management objectives. 10 Extent of Minorr Subtotal l•,f "` ry/Women parlicipalion. `>'I 5 Local preference, if applicable. s �. TOTAL 100 RANK I fComm'nee Member Name ' / o / mares Member Svnarur Dare' �? 02 C Pa �e .1~ J81me S. Angulo Inc. & Cesar Soto l South Florida Cinema Co. J 11-r— i( . d 3/-2y�'5� City of Miami, Department of Planning & Develo � TOWER � PROFESSIONAL MANAGEMENT OF THE T® Pment REFERENCE Crty of Miami Code, seaEVALUATION ion ta.80 yHEATER rnswdwns E &m "x"�tm of the Evafuatio" Comminetwill evaluate WIVIdual teem PROJECT P+opoeal, and Indicate a numrica el Boors In aw � Pnotesslonal Mena�e�ent ®t th®Tow®�..d►�1e�. EVALUATION CR1 Theater Poke Tam 0 Aesknad Andres M. Del Cam General managemenUoperalion - qualifications an experience Jaime s. Angul in cinema, stage events, exhibit planning and concessionsValentin® Clnema� Inc. � Cesar Sot® services �peralo�s financial capabililiy. F fnancfal strategy which provides for the Management Fee.to be denved from Net Income and provides a Percentage from Gross Income after a certain breakpoint, to be paid to the City. J Compatibility of operating and management plan too eretin goals and management objectives. p g ERienl of MfnontyMlomen participation. Local preference, if applicable. TOTAL inn -c RANK I � I C"+nm4t" Umber Name C 60C��D Q 716 25a Umber Signature: / � O.. G Dele: _ 22 P" 2 G �. v 42 Santiago Hemar d z south Florida Cinema Co. ! 9 ------------ iv 6 4 O 5 ' 38 2 3/���i Lj CITY OF MIAMI, FLORIDA 0, Walter Foeman TO: City Clerk FROM: na G a ert, Director De rtment of Planning INTER -OFFICE MEMORANDUM July 16, 1999 DATE: FILE Request to Publish Notice of SUBJECT: Public Hearing for City Manager's Finding of Emergency and Informal Bids REFERENCES: for the Tower Theater Audio/Visual and ENCLOSURES: Concession Equipment' Please make arrangements to publish a Notice of Public Hearing for discussions pertaining to THE CITY MANAGER'S FINDING OF AN EMERGENCY FOR NEEDED AUDIOVISUAL AND CONCESSION EQUIPMENT AT THE TOWER THEATER, THE WAIVING OF THE REQUIREMENTS FOR FORMAL BIDDING PROCEDURES FOR SAID THEATER IMPROVEMENTS, THE APPROVAL FOR THE SOLICITATION OF INFORMAL BID AND EXECUTION OF CONTRACTS FOR SAID IMPROVEMENTS BY THE CITY MANAGER. The Public Hearing has been scheduled for July 27, 1999. Please charge to index code: 660101-287. APPRO Elvi G. Alonso Agenda Coordinator AG/lim 99- 563 CITY OF MIAMI NOTICE OF PUBLIC HEARING A Public Hearing will be held by the Commission of the City of Miami, Florida, on July 27, 1999, at 0 00 A.M., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of hearing objections from any interested parties affected by THE CITY MANAGER'S FINDING OF AN EMERGENCY FOR NEEDED AUDIOVISUAL AND CONCESSION EQUIPMENT FOR THE TOWER THEATER, THE WAIVING OF REQUIREMENTS FOR FORMAL BIDDING PROCEDURES FOR SAID THEATER IMPROVEMENTS, THE APPROVAL FOR THE SOLICITATION OF INFORMAL BIDS AND EXECUTION OF CONTRACTS FOR SAID IMPROVEMENTS BY THE CITY MANAGER. All interested persons are invited to appear and may be heard concerning the City Manager's Emergency finding and recommendation for the waiving of formal bidding procedures for needed improvements at the Tower Theater. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and.evidence upon which any appeal may be based. Walter J. Foeman City Clerk Miami, Florida 99- 563