HomeMy WebLinkAboutResolution 2026-34249RESOLUTION NO. 2026-34249
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, (1) WAIVING, BY 5/7T" VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY OF MIAMI BEACH (THE "CITY"), AND APPROVING
A SIX (6) MONTH EXTENSION OF THE MANAGEMENT AGREEMENT
BETWEEN THE CITY AND MIAMI BEACH GARDEN CONSERVANCY, INC.
(THE "CONSERVANCY") FOR THE OPERATION OF THE MIAMI BEACH
BOTANICAL GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE,
MIAMI BEACH, FLORIDA 33139 WHILE THE ADMINISTRATION NEGOTIATES
TERMS FOR A NEW MANAGEMENT AGREEMENT; (II) APPROVING, IN
SUBSTANTIAL FORM, A LETTER AGREEMENT BETWEEN THE CITY AND
THE CONSERVANCY MEMORIALIZING SAID EXTENSION THROUGH
DECEMBER 31, 2026; AND III) AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID LETTER AGREEMENT.
WHEREAS, the City is the owner of the Miami Beach Botanical Garden (the "Botanical
Garden"), located at 2000 Convention Center Drive, Miami Beach, Florida 33139; and
WHEREAS, the Conservancy is an organization with members committed to promotion
of the Botanical Garden as a horticultural, educational, and cultural arts venue; and
WHEREAS, the Conservancy and its predecessors have, for the past nineteen years,
raised funds and volunteered time to improve the Botanical Garden's contribution to a higher
quality of life in Miami Beach; and
WHEREAS, the City requires citizen participation in the development and operation of the
Botanical Garden so that there can be a strong "public/private partnership" of efforts in funding to
fully realize the Botanical Garden's potential; and
WHEREAS, on July 7, 1999, the City Commission authorized the execution of a
Concession Agreement with the Conservancy, which permitted the Conservancy use of the
Botanical Garden, specifically, the Welcome Center, gift shop, and the orchidariums; and
WHEREAS, the Conservancy's purpose was to provide volunteer public information and
horticultural, educational and conservational services, and to support the capital improvements,
programming and building/grounds maintenance needs at the Botanical Garden; and
WHEREAS, on April 18, 2001, the City Commission approved a Management Agreement
with the Conservancy for a term of three (3) years, commencing on July 1, 2001 and expiring on
July 20, 2004, with an option to renew, at the City's discretion, for an additional two (2) year term;
and
WHEREAS, on April 14, 2004, the City Commission approved the two (2) year renewal
option and further waived, by 5/7ths vote, the competitive bidding requirements, to provide for
one (1) additional year; for a total renewal term of three (3) years; and
WHEREAS, on January 17, 2007, the City Commission approved a Management
Agreement with the Conservancy for the operation of the Botanical Garden, with an initial term of
five (5) years, commencing on July 1, 2007, and terminating on June 30, 2012, with an option, at
the City's sole discretion, to renew and extend the Agreement for an additional five (5) year term;
and
WHEREAS, on June 1, 2011, the City Commission approved an amendment to the
Agreement, to allow the Conservancy to award naming rights to interior portions of the Botanical
Garden, in exchange for monetary contributions from private donors to fund improvements
associated with future phases of the Master Plan that was approved by the City Commission on
January 13, 2010; and
WHEREAS, on June 6, 2012, the City Commission approved the renewal option provided
for in the Management Agreement, extending the term for an additional five (5) years,
commencing on July 1, 2012, and ending on June 30, 2017; and
WHEREAS, subsequent to the Conservancy's request, on September 27, 2016, the City
Commission directed the Administration to negotiate a new Management Agreement with the
Conservancy; and
WHEREAS, on February 8, 2017, the City Commission adopted Resolution No. 2017-
29742, and on April 26, 2017, the City Commission adopted Resolution No. 2017- 29832, waiving
certain development regulations and concurrency requirements for the Botanical Garden,
enabling the Botanical Garden to apply for certain use and alcohol licenses; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution
No. 2017-30006, waiving, by 5/7th vote, the competitive bidding requirement, finding such waiver
to be in the best interest of the City, and approving the current Management Agreement (the
"Agreement") with the Conservancy for an initial term of five (5) years, commencing retroactively
on July 1, 2017 and ending on June 30, 2022, with an additional four (4) year renewal option; and
WHEREAS, on October 12, 2022, the City elected to continue the Agreement on a
month -to -month basis, rather than exercise the four (4) year renewal option, due to an ongoing
audit by the Office of the Inspector General (OIG); and
WHEREAS, on May 17, 2022, the City exercised the renewal option retroactive to July 1,
2022, through June 30, 2026; and
WHEREAS, the City Manager recommends that the Mayor and City Commission do the
following: (i) waive the competitive bidding requirement, finding such waiver to be in the best
interest of the City, and approve a six (6) month extension to the Agreement, (ii) approve, in
substantial form, the letter agreement attached to the City Commission Memorandum
accompanying this Resolution as Exhibit A, extending the Agreement through December 31,
2026, and (iii) authorize the City Manager to execute said letter agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
hereby (i) waive, by 5/7th vote, the competitive bidding requirement, finding such waiver to be in
the best interest of the City of Miami Beach (the "City"), and approve a six (6) month extension of
the Management Agreement between the City and Miami Beach Garden Conservancy, Inc. (the
"Conservancy") for the operation of the Miami Beach Botanical Garden located at 2000
Convention Center Drive, Miami Beach, Florida 33139 while the Administration negotiates terms
for a new Management Agreement; (ii) approve, in substantial form, a letter agreement between
the City and the Conservancy memorializing said extension through December 31, 2026; and iii)
authorize the City Manager to execute said letter agreement.
PASSED and ADOPTED this o?Oday of
ATTEST:
MAY 2 6 2026
Rafael E. Granado, City Clerk
Pa 2026.
Steven Meiner, Mayor
RP ORATED
H 2-3 1A
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(?r-
t5 zcz-j,
City M6rney �,,N Date
Resolutions - C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: May 20, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, (1) WAIVING, BY 5/7TH VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY OF MIAMI BEACH (THE "CITY"), AND APPROVING A
SIX (6) MONTH EXTENSION OF THE MANAGEMENT AGREEMENT BETWEEN
THE CITY AND MIAMI BEACH GARDEN CONSERVANCY, INC. (THE
"CONSERVANCY") FOR THE OPERATION OF THE MIAMI BEACH BOTANICAL
GARDEN LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH,
FLORIDA 33139 WHILE THE ADMINISTRATION NEGOTIATES TERMS FOR A
NEW MANAGEMENT AGREEMENT; (II) APPROVING, IN SUBSTANTIAL FORM,
A LETTER AGREEMENT BETWEEN THE CITY AND THE CONSERVANCY
MEMORIALIZING SAID EXTENSION THROUGH DECEMBER 31, 2026, AND III)
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LETTER AGREEMENT.
RECOMMENDATION
The Administration recommends adopting the Resolution approving a six (6) month extension
of the Management Agreement between the City of Miami Beach and the Miami Beach Garden
Conservancy, Inc. for the operation of the Miami Beach Botanical Garden located at 2000
Convention Center Drive.
BACKGROUND/HISTORY
The Botanical Garden, located at 2000 Convention Center Drive, is a City -owned facility and
serves as a public garden intended to provide residents and visitors with access to nature in the
heart of the city. The Conservancy, a Florida not -for -profit organization, has operated and
programmed the Botanical Garden for more than two decades and has expressed interest in
continuing to do so under a new management agreement.
The City's partnership with The Conservancy began in 1999, when the Commission approved a
Concession Agreement granting the Conservancy use of portions of the Botanical Garden to
support public education, horticultural programming, and maintenance activities. In 2001, the City
entered into a three year Management Agreement with a two year renewal option, which the
Commission exercised in 2004 along with an additional oneyear extension approved by a 5/7th
waiver of competitive bidding.
As the agreement approached expiration in 2007, the Conservancy requested a new long term
agreement to continue its mission, support G.O. Bond funded improvements, and pursue full
botanical garden accreditation. In 2006, the City Commission approved waiving competitive
bidding and approved a new five year Management Agreement with a five year renewal option.
In 2012 City Commission approved a renewal extending the term through 2017, In September
2017, the Commission again approved a 5/7th waiver of competitive bidding and authorized
execution of a new Management Agreement through June 30, 2026.
209 of 1709
On September 25, 2017, the Mayor and City Commission adopted Resolution No. 2017-30006,
waiving, by 5/7th vote, the competitive bidding requirement, finding such waiver to be in the best
interest of the City, and approving the current Management Agreement (the "Agreement") with
the Conservancy for an initial term of five (5) years, commencing retroactively on July 1, 2017
and ending on June 30, 2022, with an additional four (4) year renewal option. October 12, 2022,
the City elected to continue the Agreement on a month to month basis, rather than exercise the
four (4) year renewal option, due to an ongoing audit by the Office of the Inspector General
(OIG). However, on May 17, 2023, the City exercised the renewal option retroactive to July 1,
2022, through June 30, 2026.
ANALYSIS
Over the years, the Conservancy has supported the City's goals of cultural preservation and civic
enrichment through a wide range of educational and community programs. Its offerings include
guided tours, educational activities, a gift shop, and event space, all of which have strengthened
the Garden's role as a cultural asset and enhanced its appeal to residents, visitors, and the
tourism economy. In addition to its programming contributions, the Conservancy has developed
institutional knowledge and operational capacity that would be difficult and costly to replicate
through competitive solicitation. Maintaining continuity during the negotiation period therefore
protects the City's investment in the Garden, preserves the quality of visitor experience, and
ensures that the Administration can thoughtfully evaluate long term governance, maintenance
standards, and capital planning needs without the pressure of an imminent contract expiration.
In anticipation of the current Management Agreement expiring on June 30, 2026, the City
Manager recommends that the Mayor and City Commission do the following: (i) waive the
competitive bidding requirement, finding such waiver to be in the best interest of the City, and
approve a six (6) month extension to the Agreement, (ii) approve, in substantial form, the letter
agreement attached to the City Commission Memorandum accompanying this Resolution as
Exhibit A, extending the Agreement through December 31, 2026, and (iii) authorize the City
Manager to execute said letter agreement.
This short term extension would provide the necessary time for the Administration and the
Conservancy to continue negotiating the terms of a new long term management agreement,
ensuring that the City's operational, financial, and programmatic interests are fully evaluated
before entering into a renewed commitment which would require a waiver of the formal
competitive bidding requirements, by a 5/7th vote. The Administration believes such a waiver is
justified given the Conservancy's longstanding role, specialized expertise, and the operational
continuity needed to avoid disruption to public access and programming at the Garden.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https•//www miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
210 of 1709
CONCLUSION
The Administration recommends that the Mayor and City Commission hereby (i) waive, by 5/7th
vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City
of Miami Beach (the "City"), and approve a six (6) month extension of the Management Agreement
between the City and Miami Beach Garden Conservancy, Inc. (the "Conservancy") for the
operation of the Miami Beach Botanical Garden located at 2000 Convention Center Drive, Miami
Beach, Florida 33139 while the Administration negotiates terms for a new Management
Agreement; (ii) approve, in substantial form, a letter agreement between the City and the
Conservancy memorializing said extension through December 31, 2026; and iii) authorize the
City Manager to execute said letter agreement.
Applicable Area
South Beach
Is this a "Residents Right to Know" item
pursuant to City Code Section 2-17?
M
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec 2-481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Manager
Sponsor(s)
Co-sponsors)
Condensed Title
Waive Bid/Extend MB Botanical Garden Management Agreement for (6) Months. CM 5/7
Previous Action (For City Clerk Use Only)
211 of 1709
City of Miami Beach, 1700 Convention Center Drive, Miami
Beach, FL 33139, www.miamibeachfl.gov
FACILITIES AND FLEET MANAGEMENT DEPARTMENT
Asset Management Division
Tel: 305-673-7193
May 20, 2026
Miami Beach Garden Conservancy, Inc.
2000 Convention Center Drive
Miami Beach, Florida 33139
Attention: Amy Rosenberg
Re: Management Agreement dated April 24, 2018 (the "Agreement"),
Agreement"), between the
City of Miami Beach, Florida (the "City") and Miami Beach Garden
Conservancy, Inc. (the "Conservancy") for the management and operation
of the Miami Beach Botanical Garden, located at 2000 Convention Center
Drive, Miami Beach, Florida 33139.
Dear Mrs. Rosenberg,
The Agreement provided for an initial term of five years, beginning on July 1, 2017 and
ending June 30, 2022, with one (1) additional four (4)-year renewal term available at the
City's discretion. Upon expiration of the initial term, and in light of an active Office of the
Inspector General audit, the City elected to continue the Agreement on a month -to -month
basis. Thereafter, on October 12, 2022, the City exercised the renewal option retroactive
to July 1, 2022, through June 30, 2026.
As all renewal options under the Agreement have now been exhausted, the City hereby
grants a six-month extension of the Agreement, extending the term through December 30,
2026 (the "Extension Term").
During the Extension Term, the City, through its City Manager, and for its convenience
and without cause, may terminate the Agreement at any time by giving written notice to
the Conservancy of such termination, which shall become effective within thirty (30) days
following receipt, or refusal to accept, by the Conservancy of such notice. Additionally, in
the event of a public health, welfare or safety concern, as determined by the City Manager,
in the City Manager's sole discretion, the City Manager, pursuant to a verbal or written
notification to the Conservancy, may immediately suspend the use of the Premises for a
time certain or, in the alternative, terminate the Agreement on a given date. If the
Agreement is terminated for convenience by the City, the City shall be discharged from
any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement.
Your signature below indicates acceptance of the Extension Term. Please return the
signed original to our office within ten (10) days and we will provide you with a fully
executed copy. Please do not hesitate to contact me if you have questions.
All defined terms used and not otherwise defined herein shall have the meanings ascribed
to such terms in the Agreement.
Sincerely,
Ozzie Dominguez, CSM
Director of Asset Management
[SIGNATURE PAGE FOLLOWS]
We are committed to providing excellent public servif ld all who live, work and play in our vibrant, tropical. histonc
TERMS AKNOWLEDGED AND AGREED TO THIS DAY OF
2026.
MIAMI BEACH GARDEN CONSERVANCY CITY OF MIAMI BEACH, FLORIDA
By:
By:
Amy Rosenberg, CEO
Eric T. Carpenter, City Manager
We are committed to providing excellent public senff In=all who live, work and play in our vibrant, tropical, historic