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HomeMy WebLinkAbout2001-24482 RESO RESOLUTION NO, 2001-24482 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING BY 5/7THS VOTE, A WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND HEREIN AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MANAGEMENT AGREEMENT WITH THE MIAMI DESIGN PRESERVATION LEAGUE, INC., A NOT FOR PROFIT ENTITY, FOR THE OPERATION AND MANAGEMENT OF A PORTION OF THE CITY'S MIAMI BEACH OCEAN FRONT AUDITORIUM, LOCATED AT 1000 OCEAN DRIVE; SAID AGREEMENT TO COMMENCE ON OCTOBER 1, 2001, FOR AN INITIAL TERM OF THREE (3) YEARS; AND FURTHER AUTHORIZING THE CITY, AT ITS SOLE DISCRETION, TO RENEW AND EXTEND THIS AGREEMENT FOR AN ADDITIONAL TWO (2) YEAR OPTION TERM UNDER ALL TERMS AND CONDITIONS CONTAIN IN THE AGREEMENT, WHEREAS, in 1935 the City of Miami Beach constructed the Beach Patrol Headquarters in the heart of Lummus Park and, in 1953, the Oceanfront Auditorium was added to this facility, and became a focal point of recreational activities for decades; and WHEREAS, over the past several years, the Oceanfront Auditorium has experienced a transformation due to the changing demographics of its users, the conditions and related amenities available to potential users, and the revitalization ofthe area through the designation of the Art Deco Architectural Historic District; and WHEREAS, in recent years, the Ocean Front Auditorium has been used for activities including, but not limited to, various special events and movie productions; a host space for community meetings and educational classes; a temporary serving location for the provision of meals to senior citizens; and a command post by the Police and Fire Departments for major special events such as the Summit of the Americas, Pow-Wow, Super Bowl and New Years Eve celebrations; and WHEREAS, in 1993, the Mayor and City Commission approved a Concession Agreement with the Miami Design Preservation League (MDPL) for use of a small portion of the Oceanfront for an Art Deco Welcome Center; and WHEREAS, since 1993, the Art Deco Welcome Center has served as a central point of information for an estimated 10,000 visitors per month, responding to inquires and providing seminars, lectures and guided tours of the Art Deco Architectural Historic District, and the Art Deco Architectural Historic District is now a world renowned tourist destination and the demands for district related information has increased exponentially; and WHEREAS, in an effort to address this ever-growing demand and to better serve the thousands of guests who visit the District on a daily basis, the City has been working cooperatively with the MDPL to establish a "public/ private partnership" that will fully develop the potential of the Ocean Front Auditorium as a multi-purpose community resource centered as an outstanding cultural and historical exhibition, archive and educational center; and . o---.-r-tt-.-r--- ____m__.____ WHEREAS, it is the intention of the City and MDPL that the activities progranmIed in and pertaining to the Ocean Front Auditorium continuously increase in scope and number so that the Art Deco Architectural Historic District and all the City's other historic districts and properties favorably impact an increasing number of residents and visitors; and WHEREAS, the Administration and representatives of the MDPL have been working diligently to develop the scope and terms of the attached Management Agreement; and WHEREAS, the initial term of the Agreement is for three (3) years, commencing on October 1,2001; and WHEREAS, at the expiration ofthe initial term, provided the MDPL is in good standing the City may, at its sole discretion, renew and extend the Agreement for an additional two (2) year option term; and WHEREAS, MDPL agrees to pay all operational expenses in the amount of $3.50 per square foot annually, related to its use of the facility, intended for cultural and historical exhibitions and as an archive and educational center, approximately 5,055 sq. ft., as well as $3,50 per square foot annually for all areas now occupied under the Concession Agreement, approximately 1,259 sq. ft., for the Welcome Center. 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, by 5/7lh' vote, a waiver of the competitive bidding requirements, finding such waiver in the best interest of the City, and herein authorize the Mayor and City Clerk to execute the attached Management Agreement with the Miami Design Preservation League, Inc., for the operation and management ofa portion of the City's Miami Beach Ocean Front Auditorium, located at 1000 Ocean Drive; said Agreement to commence on October I, 200 I, for an initial term of three (3) years; and further authorizing the City, at its sole discretion, to renew and extend this Agreement for an additional two (2) year option under all terms and conditions contained in the Agreement. PASSED and ADOPTED this 27th day of June, 2001. ~~ MAYOR ATTEST: ~( PCU~ CITY CLERK APPROVED AS TO FOAM' LANGUAGE I. FOR EXECUTION r.(Olo( -- IMG/MDBIKS L:ICMGRIAGENDA 12001 l.prl80 lIREGULARIMDPLResol1I.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lQ COMMISSION MEMORANDUM NO. Lf03- 0 I TO: Mayor Neisen O. Kasdin and Members ofthe City Commission Jorge M. GonzalezQJLC-:Foiz.. City Manager DATE: June 27, 2001 FROM: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING BY 5/7TH VOTE, A WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER IN THE BEST INTEREST OF THE CITY, AND HEREIN AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OPERATION AND MANAGEMENT AGREEMENT WITH THE MIAMI DESIGN PRESERVATION LEAGUE, INC., SUBST ANTIALL Y IN THE FORM A TT ACHED, TO PROVIDE SERVICES FOR THE OPERATIONS AND MANAGEMENT OF A PORTION OF THE CITY'S MIAMI BEACH OCEAN FRONT AUDITORIUM LOCATED AT 1000 OCEAN DRIVE; SAID AGREEMENT TO COMMENCE ON OCTOBER 1, 2001, FOR AN INITIAL TERM OF THREE (3) YEARS, AND FURTHER AUTHORIZING THE CITY AT ITS SOLE DISCRETION TO RENEW AND EXTEND THIS AGREEMENT FOR AN ADDITIONAL TWO (2) YEAR OPTION TERM UNDER ALL TERMS AND CONDITIONS CONTAIN IN THE AGREEMENT. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: In 1935 the City of Miami Beach constructed the Beach Patrol Headquarters in the heart of Lummus Park. In 1953 the Oceanfront Auditorium was added to this facility and became a focal point of recreational activities for decades. Over the past several years the Oceanfront Auditorium has experienced a transformation due to the changing demographics of its users, the conditions and related amenities available to potential users and the revitalization of the area through the designation of the Art Deco Architectural Historic District. In recent years the Ocean Front Auditorium has been used for activities including but not limited to various special events and movie productions, a host space for community meetings and educational classes, a temporary serving location for the provision of meals to senior citizens and a DMA T unit by Fire for New Years Eve celebrations. AGENDA ITEM C7/J 6-27-0/ DATE In 1993, the City Commission authorized a Concession Agreement for the use of space in the Oceanfront Auditorium by the Miami Design Preservation League for an Art Deco Welcome Center, This has been the one consistent use of the Oceanfront Auditorium throughout this period. Since 1993, the Art Deco Welcome Center has served as a central point of information for an estimated 10,000 visitors per month, responding to inquiries and providing seminars, lectures and guided tours of the Art Deco Architectural Historic District. The Art Deco Architectural Historic District is now a world renowned tourist destination and the demands for district related information has increased. In an effort to address this ever growing demand and to better serve the thousands of guests who visit the District on a daily basis the City has been working cooperatively with the Miami Design Preservation League to establish a "public/ private partnership" that will fully develop the potential of the Ocean Front Auditorium as a multi-purpose community resource for cultural and historical exhibition, archive and educational center, It is the ultimate intention of the City and the League that the activities programmed in and pertaining to the Ocean Front Auditorium continuously increase in scope and number so that the Art Deco Architectural Historic District and all the City's other historic districts and properties favorably impact and increasing number of residents and visitors. All activities undertaken at the Ocean Front Auditorium under the foregoing proposed Operation and Management Agreement shall be to advance the purposes as set forth above. The Administration and representatives of the Miami Design Preservation League have been working diligently to develop the scope and terms of this Operation and Management Agreement. The salient points of this Agreement include but are not limited to: . The initial term of the Agreement is for three (3) years, commencing on October 1, 2001. At the expiration of the initial term, provided the Miami Design Preservation League is in good standing the City may, at its sole discretion, renew and extend this Agreement for an additional two (2) year option term. In the event the City determines not to extend the Agreement, it shall notify the League of same, in writing no less than one hundred eighty (180) days prior to the end of the initial term, . The League agrees to pay all operational expenses related to the cultural and historical exhibition, archive and educational center proposed, and an additional annual fee to the $3.50 per square foot for all areas now occupied under the Concession Agreement, approximately 1,259 sq. ft, for the Welcome Center as well as the premises covered by the Agreement (generally, the Auditorium), approximately 5,055 sq, ft, to offset the City's costs of building equipment maintenance, and utilities, . The Miami Design Preservation League shall have primary use and sole occupation of the Auditorium Premises, as delineated in Exhibit A. . The League shall, at its sole cost and expense, to the satisfaction of the City, keep and maintain the Premises, and all improvements in good, clean and sanitary order, as set forth in Exhibit ''0'' to this Agreement entitled "City of Miami Beach Minimum Specifications for Maintenance of the Miami Beach Ocean Beach Auditorium, The City shall continue to have sole responsibility for the maintenance and repair of all facilities and utilities infrastructure equipment on the Premises, . The League 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 arising out error, omission, or negligent act of the League, its agents, servants, or employees in the performance of services under this Agreement. . The City acknowledges that the League may derive additional revenues from activities it conducts upon or from the Premises, including but not limited to the sale of historical /architectural books and other related materials, classes, tours, and exhibits. The League herein acknowledges that any and all activities shall be directly related to and consistent with the customary operation and management of a public interpretive exhibition, educational or historic district museum center. . The League shall use its best efforts to obtain public / private grant funding and individual! corporate contributions for the operational support of the Ocean Front Auditorium. During the term of this Agreement, the League shall include in its annual Programmatic Plan, the funding that it anticipates raising, . The City shall have the right to use the Ocean Front Auditorium, subject to availability, for the benefit ofthe community for such purposes as meetings, City sponsored special events, receptions and other purposes, without the payment of any rental or use fee, except the direct out-of-pocket expenses incurred. . The City has identified $690,000 from the Series 2000 General Obligation Bond Program for Phase I capital improvements to the Ocean Front Auditorium. The League agrees to use its best efforts to obtain publici private funding contributions for future capital improvements to the Ocean Front Auditorium (hereinafter, the Phase II Improvements). Accordingly, the League 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 League in a separate fund, which funds shall ultimately be conveyed to the City. The League 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 approval ofthis Resolution will further enhance the development and operation of the auditorium and foster a "publici private partnership" that will better enable the Ocean Front Auditorium to fully realize its potential. JMG/aD'1~b T:\AGENDAI2001IJUN2701IREGULARIMDPL.Memoll,doc