HomeMy WebLinkAboutRequest for Letters2GLENN IvMARCOS
Dirccior
Request for Letters of Interest (RFLI)
RFLI No. 44014
P._Dr o HHERNANDF::z
City Mange
MANAGEMENT AND OPERATION OF THE BAYFRONT PARK
AMPHITHEATER
Date Issued:
Voluntary Site Conference:
Questions Due:
Responses Due:
Tuesday, August 21, 2007 @ 9;00 AM
Friday, September 7, 2007 @ 10:00 AM
Monday, September 10, 2007 @ 5:00 PM
Wednesday, September 19, 2007 @ 2:00 PM
Overview
The Bayfront Park Management Trust ("Trust"), a limited agency and instrumentality of
the City of Miami ("City") that manages and operates the Mildred & Claude Pepper
Bayfront Park ("Park"), located downtown on Biscayne Bay at 301 N. Biscayne Blvd.,
Miami, Florida 33132, is seeking a qualified firm, corporation, joint venture, partnership,
individual, or other legal entity (the "Firm") to manage and operate the Bayfront Park
Amphitheater (the "Facility").
The Trust is seeking to enter into an agreement with the Firm that submits the proposal
deemed to be in the best interest of the Trust and the City (the "Successful Proposer").
The Contract will include, without limitations, some of the provisions contained herein
such as insurance, bonding and indemnification requirements.
II. Site Conference
A Voluntary site conference will be held on Friday, September 7, 2007 @ 10:00 AM at
Bayfront Park Management Trust Administration Offices, 301 N. Biscayne Blvd. Miami,
FL 33132-2226.
III. Scope of Services
Successful Proposer shall provide all services necessary to successfully renovate,
operate, manage and maintain the Facility (the "Services"), including, but not limited to:
Plan, develop and provide for comprehensive services necessary for the
operation, maintenance and management of the Facility,
Continue the longstanding history of providing top quality musical
entertainment with a balanced mix, which recognizes the diverse
ethnicities who call south Florida home,
Provide a long-term, year' round maintenance plan for the facility
RFLI No. 44014 MANAGEMENT AND OPERATION OF THE BAYFRONT PARK AMPHITHEATER
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• Explore and develop the potential for expansion of concerts and/or
schedule of performances,
• Provide for immediate and future capital improvements of the
amphitheater and/or essential or ancillary infrastructure necessary for the
operation of a contemporary performance Facility, including a plan for
improvements to seating, lighting and structural elements,
• Explore, solicit and facilitate naming rights and sponsorship program for
Facility,
• Develop a public private partnership resulting in the greatest possible
return to the Trust and the City.
IV. Term of Contract
The term of the resulting contract shall be for a period of no more than ten (10) years
with options to renew for additional periods of not more than five (5) years each.
Continuation of the contract beyond the initial period is a City/Trust prerogative; not a
right of the bidder. This prerogative will be exercised only when such continuation is
clearly in the best interest of the City.
V. Cone of Silence
Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of
Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and
terminates at the time the City Manager issues a written recommendation to the Miami
City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater
than $200,000. The Cone of Silence prohibits any communication regarding RFPs,
RFQs, RFLI or IFBs (bids) between vendors, representatives, City staff, and others, per
said Ordinance. The Cone of Silence shall apply to this RFLI.
VI. Minimum Qualifications/ Bid Security
The following represent the minimum qualifications for a Firm to be considered for the
provision of the Services.
1. Successful Proposer must demonstrate successful extensive experience in the
management and operation of facilities similar to the Bayfront Park Amphitheater.
2. Successful Proposer must possess sufficient qualified, experienced, and trained
staff to provide the Services in a professional, safely and timely manner.
3. Meet or exceed all elements of the Scope of Services.
4. Successful Proposer must provide the Bid Security described in Section XVIII
hereof.
VII. Deadline for Receipt of Information / Clarification
AN Proposals must be received at the time, date and place specified in the first page and
in Section XIX of this RFLI. Proposals received after the required time and date shall be
returned and shall not be considered.
Pursuant to the Cone of Silence, any request for additional information or clarification
must be received in writing no later than 5:00 p.m. on Monday, September 10, 2007.
Interested individuals (Proposers) should email mrath ci.miami.fl.us or fax their
requests to (305) 400-5153 to the attention of Michael A. Rath, CPPO, CPPB, Assistant
RFLI No. 44014 MANAGEMENT AND OPERATION OF THE BAYFRONT PARK AMPHITHEATER 2
Purchasing Director, at the City's Department of Purchasing. This RFLI is subject to the
City's "Cone of Silence" in accordance with Section 18-74 of the City's Ordinance
No. 12271.
VIII. Independent Contractor
The Successful Proposer is considered an independent contractor, and neither the
Successful Proposer nor any of its agents, representatives or employees shall be
considered to be an employee of the Trust.
IX. Resolution of Protests
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in writing to the Director of
Purchasing/Chief Procurement Officer of the City of Miami who shall have the authority,
subject to the approval of the City Manager and the City Attorney, to settle and resolve a
protest with final approval by the City Commission. Bidders are alerted to Section 18-
103 of the City's Ordinance No. 12271 describing the protest procedures. Protests failing
to meet the requirements for filing shall not be accepted. Failure of a party to timely file
shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS.
X. Sub -Contractors of Work Shall Be Identified
In its Proposal, the Firm shall identify all Sub -Contractors, as applicable, that will be
used in the performance of the Services, their capabilities, experience, MNVBE
designation, as defined in Ordinance 10062 and a brief description of the work to be
performed by the subcontractor(s).
The Successful Proposer shall not, at any time during the term of the Contract,
subcontract any part of his/her operations or assign any portion or part of the Contract to
a sub-consultant(s) not mentioned in its Proposal without written consent of the Trust.
Nothing contained in this RFLI shall be construed as establishing any contractual
relationship between any sub -consultants) and the Trust.
XI. Collusion
The Proposer, by submitting a Proposal, certifies that its Proposal is made without
previous understanding, agreement or connection either with any person, firm, or
corporation submitting a Proposal for the same services, or with the City's Purchasing
Department or initiating Department/Office/Trust. The Proposer certifies that its Proposal
is fair, without control, collusion, fraud, or other illegal action. The Proposer further
certifies that it is in compliance with the conflict of interest and code of ethics laws. The
City will investigate all situations where collusion may have occurred and the City
reserves the right to reject any and all Proposals where collusion may have occurred.
XII. Indemnification
The Successful Proposer shall agree to indemnify, defend and hold harmless the City
and Trust, and their respective officials, employees and agents (collectively referred to
as "Indemnities") and each of them from and against all losses, costs, penalties, fines,
damages, claims, expenses (including attorney's fees), liabilities (collectively referred to
as "Liabilities") arising out of, or relating to, or caused by, the submission of a proposal,
or the performance of the Services
RFLI No. 44014 MANAGEMENT AND OPERATION OF THE BAYFRONT PARK AMPHITHEATER '�
XIII. Insurance
Within ten (10) days after notification of award of a contract for the Services, the
Successful Proposer shall furnish to the Purchasing Department evidence that it satis fies
the Insurance Requirements (Section 1.3). The Contract shall require the Successful
Proposer to maintain throughout the term of the -Contract a minimum insurance
coverage, as deemed acceptable by the City's Risk Manager, and shall name the City
and Trust as Additional insureds. Information regarding any insurance requirements
shall be directed to the Risk Management Administrator, Risk Management Department,
at (305) 416-1700.
In the event the Successful Proposer fails to submit to the Purchasing Department
evidence of insurance, as herein required, then it will be liable to the City for the cost of
re -procuring the Services
XIV. Hold Harmless
The Successful Proposer shall hold harmless and indemnify the City and Trust for any
errors in the provision of services and for any fines which may result from the fault of the
Successful Proposer.
XV. First -source Hiring Agreements.
(a) The commission approves implementation of the first -source hiring agreement
policy and requires as a condition precedent to the execution of service contracts for
facilities, services, and/or receipt of grants and loans, for projects of a nature that create
new jobs, the successful negotiation of first -source hiring agreements between the
organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding
approved by the city commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their
derivations shall have the following meanings:
Authorized representative means the Private Industry Council of South Florida/South
Florida Employment and Training Consortium, or its successor as local recipient of
federal and state training and employment funds.
Facilities means all publicly financed projects, including but without limitation, unified
development projects, municipal public works, and municipal improvements to the extent
they are financed through public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG),
economic development agency construction loans, loans from dvliami Capital
Development, Incorporated, and all federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the City which
include professional services.
Services include, without limitation, public works improvements, facilities, professional
services, commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each fir st-source hiring agreement.
RFLI No. 44014 MANAGEMENT AND OPERATION OF THE EAYFRONT PARK AMPHITHEATER
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(d) The primary beneficiaries of the first -source hiring agreement shall be
participants of the City training and employment programs, and other residents of the
City.
XVI. Acceptance or Rejection of Bids: The City and/or the Trust, in their sole
discretion reserve the right to reject any or all proposals or to award any or all portions of
the Contract in a manner that is in the best interest of the City.
XVII. Evaluation
An Evaluation Committee ("Committee") will be created by the Trust and approved by
both the Executive Director of the Trust and the City Manager to evaluate each Proposal
to determine the Firm that is most advantageous and in the Trust's best interest. The
Committee may require an oral presentation from Proposer(s).
Proposers shall be evaluated on the basis of:
• Overall Qualifications and Experience of Proposer (50%);
• Technical Solution/Approach (20%); and
• Overall Compensation paid to the Trust (30%); based upon the information as
requested in Section XVII Submission Requirements.
Proposals will be reviewed and evaluated by the Committee, which will submit its report
and ranking to the Trust. The Trust will be responsible for recommending to the City
Manager the most qualified firm with whom to negotiate a Contract, and the City
Commission must approve the recommendation for award. Either the Trust's Executive
Director, City Manager, or City Commission further reserves the right to accept or reject
any recommendation. The Trust will negotiate a Contract with the Successful Propose
after City Commission approval.
XVIII. Submission Requirements
Proposers shall provide, at a minimum, the following information and documentation with
its Proposal:
a) The firm, corporation, joint venture, partnership, individual, or other legal
entity's qualifications and proven experience as it relates to facility
management, events production and promotion similar in size and scope
of the Bayfront Park Amphitheater.
b) Overall description of operation
c) Description of immediate and future capital improvements
d) Description of food and beverage operation
e) Base / guaranteed income to the T rust.
Additionally, all Proposals shall be accompanied by either an original bid bond executed
by a surety company, or by cash, money order, certified check, cashier's check, Letter of
Credit, treasurer's check or bank draft of any national or state bank (United States), in
RFLI No. 44014 MANAGEMENT AND OPERATION OF THE BAYFRONT PARK AMPHITHEATER
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the amount of $50,000, payable to City of Miami, Florida, and conditioned upon the Firm
being selected as the Successful Proposal and thereafter executing the Contract and
providing the required evidence of insurance. A PERSONAL CHECK OR A COMPANY
CHECK OF A PROPOSER SHALL NOT BE DEEMED A VALID BID SECURITY. The
bid security shall be forfeited to the City of Miami as liquidated damages, not as a
penalty, for the cost and expense incurred should said Successful Proposer fail to
execute the Contract and provide the evidence of Insurance. The Bid Security shall be
returned to the Firm if it is not selected as the Successful Proposer, or upon satisfaction
of the conditions set forth herein.
Failure to provide each of the above may be cau se to deem your Proposal non-
responsive.
XIX. Receipt of Responses
Provide one (1) original and five (5) copies of signed and dated Proposal with required
documentation to the Office of the City Clerk, Attn: Priscilla A. Thompson, 3500 Pan
American Drive, First Floor, Miami, Florida 33133 no later than Wednesday,
September 19, 2007 (a, 2:00 PM.
Responses must be clearly marked on the outside of the envelope/package referencing
RFLI No. 44014, MANAGEMENT AND OPERATION OF THE BAYFRONT PARK
AMPHITHEATER. Failure to submit Response by the due date and time, and at the
location specified above, will disqualify Proposer.
RFLI No. 44014 MANAGEMENT AND OPERATION OF THE BAYFRONT PARK AMPHITHEATER
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1.0 RFLI Information Form
MANAGEMENT AND OPERATION OF THE BAYFRONT PARK
AMPHITHEATER
RFLI NO.44014
I certify that any and all information contained in this Proposal is true; and'. further certify that
this Proposal is made without prior understanding, agreement, or connections with any
corporation; firm or person submitting a Proposal for the same materials, supplies, equipment, or
se -vices and is in all respects fair and without collusion or fraud. I agree to abide by all terms and
conditions of the RFLI, and certify that I am authorized to sign for the Proposer. Please print the
folio wing and sign your name:
Cellar •Door Concerts of Florida, Inc.
•
Firai'sName: andLor Live Nation Telephone: (954) 626-7873
Worldwide, Inc.
.P7:incipai Business Address: Fax: (954) 626-7886
500 E. Broward Blvd. #i 1700 r.-rnaii address: ajwasson@livenation.com
Ft. Lauderdale, FL 33394 Name: Neil Jacobsen
1� aiiino Address: :itie President — Florida Region
Same as abovQ
Authorized Signature:
aFLIv - IJ NA^=1�= r Lh D?`..713 07 -H= 5r-.`!7---ROr,7:--