2001-24477 RESO
RESOLUTION NO, 2001-24477
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING AN ALLOCATION IN AN
AMOUNT NOT TO EXCEED $75,000 FROM THE CURRENT YEAR
OPERATING CONTINGENCY BUDGET FOR USE BY THE MIAMI BEACH
GARDEN CONSERVANCY, INC" FOR THE OPERATION AND
MANAGEMENT OF THE CITY'S MIAMI BEACH BOTANICAL GARDEN
FOR THE PERIOD OF JULY 16, 2001, TO SEPTEMBER 30,2001, TO BE
EXPENDED IN ACCORDANCE WITH THE BUDGET ATTACHED, AND IN
COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE
MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND THE MIAMI BEACH GARDEN CONSERVANCY, INC" AS APPROVED
BY THE MAYOR AND CITY COMMISSION ON APRIL 18, 2001,
WHEREAS, the City of Miami Beach Botanical Garden has experienced a resurgence as
a focal point of pride for our residents, tourists and day guests; and
WHEREAS, throughout this resurgence, the volunteers of the Miami Beach Garden
Conservancy, Inc. (Conservancy) have been present at the Garden, staffing a "Welcome Center,"
working on the garden grounds, and cooperatively hosting classes and horticultural training to
interested citizens, and conducting fundraising activities and obtaining donations and grant funds
to further the capital development of the Miami Beach Botanical Garden; and
WHEREAS, on July 7, 1999, the City Commission authorized the execution of a
Concession Agreement with the Miami Beach Garden Conservancy, Inc., which permitted the
Conservancy use of the Welcome Center, including the gift shop and the orchidariums; and
WHEREAS, at the January 10,2001, City Commission meeting a discussion regarding the
Miami Beach Garden Conservancy, Inc" was held, at that time a motion was made and approved to
appropriate up to $7,000 per month, for up to 3 months, to reimburse the Conservancy, based on
actual expenses, until an Agreement could be developed; and
WHEREAS, on April 18, 2001, the Mayor and City Commission approved a Management
Agreement with the Miami Beach Garden Conservancy, Inc., for an initial period of three (3) years
and an additional two (2) year renewal option at the City' s discretion; and
WHEREAS, one ofthe salient points of this Management Agreement was the requirement
that the Conservancy shall prepare and present a budget on a date determined by the City in advance
of each fiscal year during this Agreement; and
WHEREAS, this proposed, detailed line item annual operating budget for the Botanical
Garden shall be reviewed by the City Manager and! or his designee, and submitted to, considered,
and approved by the Mayor and City Commission pursuant to the City's annual budget review
approval process and include a projected income and expense statement; projected year end balance
sheet; statement of projected income sources; and application of funds; and
WHEREAS, the Board of Directors of the Miami Beach Garden Conservancy, Inc., has
requested the $75,000 allocation become effective July 16,2001, and continue through September
30, 2001; and
WHEREAS, the Conservancy is also projecting a total annual operational budget of
$469,566 for Fiscal Year 2001- 2002, and anticipates requesting $269,000 from the City for this
twelve (12) month period at the City Commission's July budget meeting,
WHEREAS, this $75,000 allocation is to be funded from the City's current year budget and
expended in accordance with the attached budget and in compliance with the terms and conditions
set forth in the Management Agreement between the City and the Conservancy as approved by the
Mayor and Members of the City Commission on April 18, 2001.
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 herein approve and authorize an allocation in an amount not to exceed $75,000 from
the current year operating contingency budget for use by the Miami Beach Garden Conservancy,
Inc., for the operation and management of the City's Miami Beach Botanical Garden for the period
ofJuly 16,2001, to September 30, 2001, to be expended in accordance with the budget attached, and
in compliance with the terms and conditions set forth in the Management Agreement between the
City of Miami Beach and the Miami Beach Garden Conservancy, Inc" as approved by the Mayor
and City Commission on April 18, 2001.
PASSED and ADOPTED this 27th day ofJune, 2001.
"
MAYOR
ATTEST:
-ht~~rcg~
APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
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T:\AGENDA\2001\JUN2701\CONSEN1\4CONSERV.RES
June 7,2001
Mayra Diaz-Buttacavoli, Assistant City Manager
Bob Middaugh, Assistant City Manager
Kevin Smith, Director Parks and Recreation
Jose Cruz, Budget Officer
Delivered via FAX
Dear Mayra, Bob, Kevin and Jose,
Attached is the revised Budget for the Miami Beach Garden Conservancy's
management of the Miami Beach Botanical Garden from July 16, 2001 to September
30, 2002. I have Included a line item explanation, Please distribute these
documents to others who should be receiving it.
Revisions from the document sent May 23, 2001:
. Amounts in July 2001 were adjusted to reflect a start date of July 16.
. A line item for cleaning supplies was added to reflect the cost of general building
maintenance.
. We added $16,600 in grant writing expenses, including $10,000 for the
continuation of the state capital improvements grant of $500,000.
. We Increased the City's FY '02 contribution by $14,000 in FY '02, the amount of
the capital Improvement grant writing expense and the facilities maintenance
costs,
. The reduction of cash advance was reduced by $5,293, reflecting the Tomlin's
generosity In converting that much of their cash advance to a charitable
contribution.
. The Conservancy's Income generation was increased by $11,000 in FY '02 to
offset the $3,500 non-capital improvement grant writing expense and an error
which understated total FY '02 expenses in the original submission.
With respect to the cash advance reduction, I suggest a memorandum agreement
between the City and the MBGC with the MBGC's representations that Its net worth
upon entering the Agreement, including the outstanding cash advance, Is positive;
and that the cash advance is supported by auditable documentation. Further that If
these representations prove inaccurate such that the MBGC had a negative net worth
or part of the cash advance was not properly documented, the repayment of the cash
advance would be reduced by the amount of such inaccuracy. If this general outline
meets your requirements, I'd be pleased to draft the memorandum agreement for
City review.
Sincerely,
Bruce A. Davidson, for the Conservancy
Explanation of Income and Expense Categories
MBGC Budget 7/16/01 to 9/30/02
Income:
. CMB - City of Miami Beach contribution, scales downward to
$18,000/month in last quarter, an annual rate of $216,000,
. Membershio Fees - scale upward to $900/month in the last quarter, an
annual rate of $10,800, which would mean a doubling of membership
from about 140 to over 300.
. Grant Income for PrOQrams - this number is based upon the program
grants received during the past year and and educated estimate of
what we can count upon in the future. The timing of receipts of the
grant funds is based upon past experience. It does not include the
capital improvement grants.
. ProQram Revenue - based upon anticipated fees and income from
programs.
. Rental Revenue - income from rental of the facilities. Recent rental
income has been far less than the historical receipts. We anticipated a
middle ground between the current receipts and higher receipts in
prior years.
. Gift: Shop and Plan Sale Revenue - at this point we believe these two
areas do not produce a net gain but are necessary ingredients to a
bonafide Botanical Garden experience. We've offset the Revenue with
an equal amount of expense. We hope to do better, but would have
to improve from the current track record. Contacts with other Gardens
indicate that it is difficult for smaller Gardens such as ours to make
money on these activities.
. Donations - scale upward to $4,000/month, a run rate of
$48,000fyear, more than double last year's $20,000. We believe we
can do much better than this over the long haul but need to develop
our program carefully.
. Palm Festival Grant Income - our estimate of the VCA grant we will
receive, recognizing the reduction in the VCA's funds available,
. Palm Festival Income - based upon historical experience, and matches
the $5,000 net income we achieved this year.
. New Revenue Sources - recognizing that this is a developing
enterprise and that new ideas and resources will come available, we
are projecting increased income during FY '02 from new sources,
Expense:
. Pavroll - based upon Attachment 1.
. Garden Maintenance - based upon a commitment from Everglades
Environmental, a current contractor with the City, and agreed to after
interviews with 7 firms and bids from 4.
. General Administrative Expense - based upon past experience with
increase estimated for additional insurance expense because of
increased exposure. At this point we do not have firm insurance bids
in hand, so this is an estimate. Includes office supplies, mailing,
insurance, computer maintenance, copier, internet, etc.
. Facilities Maintenance - cleaning supplies based upon experience of
City employees
. CPA Expense - cost of audited financials and quarterly review of book
keeping. This is the estimate of the CPA firm that has provided pro-
bono service heretofore. I have verified the estimate as reasonable by
describing the assignment to my CPA collegues on the SAC.
. Arts Programs - expenses of the Arts programs based upon
experience.
. Educational Programs - expenses of the Educational programs based
upon experience and estimate.
. Gift Shop and Plant Sales Costs: offset income per explanation, above.
. Donations Expense - estimated at 10% of Donations receipts.
. Marketing Expense - estimated needed cost to "get the word out" on
the Garden's programs.
. Cash Advance Reduction - during the last 5 months of 2000, the
Conservancy had program commitments for which it had matching
grant income. However, in most cases, the grant income would be
received after the programming commitments had been met, creating
a cash flow problem. One of the Conservancy's members advanced
$20,593 with the understanding that when the cash flow squeeze was
eliminated, she would be repaid. She has since agreed to convert $5,
593 of the cash advance to a charitable contribution. At the time the
Conservancy enters into its agreement with the City, the Conservancy
will have a positive net worth of several thousand dollars and therefore
could satisfy the cash advance by way of liquidation if need be.
Therefore it does not need the City contribution to satisfy the cash
advance. The Conservancy's cash flow position will improve because
of the substantial increase in City funding, membership fees and
donations which do not have the negative cash flow implications of
grant funding, our prior primary source of revenue.
Position Base Salary Inc. Compo Benefits Total
Executive Director 5000 1666 200 6866
Operations Director 2500 633 200 3333
Horticulture Director 2166 2166
Admin, Ass!. 2250 200 2450
Welcome Center Attendents
1 Full Time 1833 200 2033
1 half time 917 917
Facility Maintenance (2)
FM 1833 200 2033
FM 1833 200 2033
Total (monthly) 21831
Total (annually) 261972
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~LI YOOC~~ION~NJE~R~J~I~EA~,~0~A~139 '~
COMMISSION MEMORANDUM NO. 3q% -0 I
TO:
Mayor Neisen 0, Kasdin and
Members of the City Commission
Jorge M. Gonzalez(!J1L~
City Manager
DATE: June 27, 2001
FROM:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AN ALLOCATION IN AN
AMOUNT NOT TO EXCEED $75,000 FROM THE CURRENT YEAR
OPERATING CONTINGENCY BUDGET FOR USE BY THE MIAMI BEACH
GARDEN CONSERVANCY, INC., FOR THE OPERATIONS AND
MANAGEMENT OF THE CITY'S MIAMI BEACH BOTANICAL GARDEN FOR
THE PERIOD OF JULY 16, 2001, TO SEPTEMBER 30,2001, TO BE EXPENDED
IN ACCORDANCE WITH THE BUDGET ATTACHED AND IN COMPLIANCE
WITH THE TERMS AND CONDITIONS SET FORTH IN THE MANAGEMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI
BEACH GARDEN CONSERVANCY, INC., AS APPROVED BY THE MAYOR
AND MEMBERS OF THE CITY COMMISSION ON APRIL 18, 2001.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
The City of Miami Beach Botanical Garden has experienced a resurgence as a focal point of pride for our
residents, tourists and day guests. This can be attributed to several factors, However, one very important
reason is the significant contributions being made by various groups and individuals volunteering to
restore the Miami Beach Botanical Garden to its past splendor and its future potential. For the past several
years the Administration has worked with the members of the Miami Beach Botanical Garden affiliated
garden clubs, including the Miami Beach Garden Conservancy, Inc" to improve the appearance of the
Garden, as well as to generate a physical and operational comprehensive master plan for the Botanical
Garden's future development.
Throughout this process, the volunteers of the Miami Beach Garden Conservancy, Inc., have been present
at the Garden, staffing a "Welcome Center," working on the garden grounds and cooperatively hosting
classes and horticultural training to interested citizens. Additionally, the Miami Beach Conservancy, Inc.,
has conducted fundraising activities and sought donations and grant funds to further the capital
development of the Miami Beach Botanical Garden,
AGENDA ITEM
e7I
6-J7-()f
DATE
On July 7, 1999, the City Commission authorized the execution of a Concession Agreement with the
Miami Beach Garden Conservancy, Inc" which permitted the Conservancy use of the area known as the
Welcome Center, including the gift shop and the orchidariums, The Miami Beach Conservancy's purpose
was to provide volunteer public information and horticultural, educational and conservational services and
support the capital improvements, programming and building/grounds maintenance needs at the City of
Miami Beach Botanical Garden, This Agreement has proven to be a very beneficial arrangement for all
parties.
At the January 10, 2001, Commission meeting a discussion regarding the Miami Beach Garden
Conservancy, Inc., was held. At the time a motion was made and approved to appropriate up to $7,000
per month, for up to 3 months, to reimburse the Conservancy, based on actual expenses, until an
Agreement could be developed,
On April 18, 2001, the Mayor and Members of the City Commission approved a Management Agreement
with the Miami Beach Garden Conservancy, Inc, The salient points of this Agreement include but are not
limited to:
. The initial term of the Agreement is for three (3) years, commencing upon the approval of the
operational budget by the City Commission, (The Conservancy anticipates presenting their budget
request to the City Commission for approval in June, 2001, At the expiration of the initial term,
provided the Conservancy is in good standing the City may, at its sole discretion, renew and extend
this Agreement for an additional two (2) year option.
. The Miami Beach Garden Conservancy, Inc., shall have primary use and sole occupation of the
Botanical Garden premises,
. The Conservancy shall prepare and present a budget on a date determined by the City in advance
of each fiscal year during this Agreement. This proposed, detailed line item annual operating
budget for the Botanical Garden, shall be reviewed by the City Manager and/ or his designee, and
submitted to, considered, and approved by the Mayor and City Commission pursuant to the City's
annual budget review approval process. Said budget shall include a projected income and expense
statement; projected year end balance sheet; statement of projected income sources; and
application of funds.
. The Conservancy shall, at its sole cost and expense, to the satisfaction of the City, keep and
maintain the Premises, and all improvements thereon, in good, clean and sanitary order. The
Conservancy shall, at its sole cost and expense, have the responsibility for maintaining the grounds
and horticulture of the Botanical Garden to minimum standards established by the City. The City
shall continue to have sole responsibility for the maintenance and repair of all facilities and utilities
infrastructure equipment on the Premises.
. Accompanying the Conservancy's proposed annual budget shall be the Botanical Garden
Programmatic Plan for the next fiscal year, detailing the activities planned and the number of
residents and visitors anticipated to be impacted.
. The Conservancy shall use its best efforts to obtain public / private grant funding and individual!
corporate contributions for the support of the Botanical Garden, During the initial term of this
Agreement, it is the intent of the City and the Conservancy that Conservancy-initiated funding
grows on a continuing basis. During the term of this Agreement, the Conservancy shall include
its annual proposed budget! and Programmatic Plan, the funding that it anticipates raising, and the
City shall use such representations in evaluating whether or not to continue with this Agreement.
. The City has identified approximately $1.5 million from the Series 2000 General Obligation Bond
Program for Phase I capital improvements to the Botanical Garden. Similarly, the City and the
Conservancy herein agree that a vital component of the Conservancy's mission statement, with
respect to this Agreement, is to use its best efforts; specifically, to obtain publici private funding
contributions for future capital improvements to the Botanical Garden (hereinafter, the Phase II
improvements). Accordingly, the Conservancy represents that it shall use its best efforts to
undertake coherent and consistent fundraising for the Phase II improvements, and that any funds
and contributions received for same shall be kept and maintained by the Conservancy in a separate
fund, which funds shall ultimately be conveyed to the City. The Conservancy herein
acknowledges and understands that the City shall in no way be obligated to proceed with any Phase
II improvements until and when funding for same has been identified and secured.
. The Conservancy shall have the exclusive right to allow, permit, rent or otherwise book any and
all areas of the Botanical Garden, for the purpose of allowing individuals and! or organizations to
utilize the Garden for special events, receptions, community meetings and other uses generally
consistent with use(s) associated with a public botanical garden. The Conservancy shall follow
and adhere to the rental rates and policies and procedures established and approved by the City,
The Conservancy shall provide a monthly written report of the events scheduled in and pertaining
to the Garden and, with each such report on activities which actually occurred and the number of
persons participating in those activities during the previous month.
. The Conservancy shall provide all insurances deemed necessary by the City and indemnify, hold
harmless and defend the City, its agents, servants and employees from any claim, demand or cause
of action whatsoever kind or nature arising out of error, omission, or negligent act of the
Conservancy, its agents, servants, or employees in the performance of services under this
Agreement,
Based on an evaluation of expenses related to the operation of the Miami Beach Botanical Garden for the
period of 10/1/98 - September 30, 1999, it was estimated that the City was at that time expending
$165,974 armually for the operation of the Garden. These expenditures are broken down below.
.
Property Management Division
Buildings and facility maintenance/ repairs
Sanitation Department
Trash removal
Utilities
water, sewer and electric
$ 26,637
$ 1,200
$ 27.033
.
.
Subtotal/continuing costs:
$ 54,870
.
Parks Maintenance Division
Maintenance staff, materials and equipment
Recreation Division
Program! Facility Management staff,
materials and equipment
$ 51,650
$ 59.454
.
Subtotal/ redistributed costs:
Grand Total Estimated Costs:
$111.104
$165,974
Adding a cost inflation factor of 3% to this allocation annually the current annual expenditures for all
related maintenance and operations at the Garden is approximately $176,082. The City also contributes
$7,000 per month or $84,000 annually to the Miami Beach Garden Conservancy, Inc., for an armual
expenditure of $260,082.
It should be noted that the above referenced allocations were expended from existing departmental budgets
not specifically designated to the Botanical Garden. Under this Agreement it is anticipated that the cost
of utilities, sanitation removal and work done by the Property Management Division will continue to be
a cost assumed by the City, which based on the previous estimate will be no less than $54,870 annually.
The majority of services provided by the Parks Maintenance Division are preformed by a roving
maintenance crew or speciality crew (tree trimming). The elimination ofthis location will permit the crews
to attend to other assignments in their specific zone but result in no cost savings. The one part-time Parks
staff member assigned to the Botanical Garden will be reassigned to the South Beach Service Team. The
Recreation Division staff now assigned to the Botanical Garden were reallocated from other facilities such
as the Youth Center and community centers. These individuals will be returned to their previous
assignments which will restore the staffing in these facilities and reduce overtime expenditures that have
been made on an as needed basis to address their reassignment. This will also result in minimal or no cost
savings.
As indicated in the attached budgets, The Board of Directors ofthe Miami Beach Garden Conservancy,
Inc., has requested the $75,000 allocation become effective July 16, 2001, and continue through September
30,2001. The Conservancy is also projecting a total annual operational budget of $469,566 for fiscal year
2001 - 2002 and anticipates requesting $269,000 from the City for this twelve (12) month period. The
Conservancy's request will be presented for considered by the City Commission at the July budget
meeting,
dt-~
1M M
T: D 12001llUN2701lCONSENTl4CONSERV,MEM
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