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2009-27288 ResoRESOLUTION NO. 2009-27288 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER. TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM, A MANAGEMENT AGREEMENT BETWEEN THE CITY AND MIAMI DESIGN PRESERVATION LEAGUE, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE MAINTENANCE, MANAGEMENT, OPERATION, AND PROGRAMMING OF THE OCEAN FRONT AUDITORIUM, ALSO COMMONLY REFERRED TO AS THE 10tH STREET AUDITORIUM, LOCATED AT 1001 OCEAN DRIVE, MIAMI BEACH, FLORIDA, FOR AN "ART .DECO WELCOME CENTER"; SAID AGREEMENT HAVING AN INITIAL TERM OF FIVE (5) YEARS, COMMENCING ON JANUARY 1, 2010, AND ENDING DECEMBER 31, 2014, WITH TWO (2) ADDITIONAL FIVE (5) YEAR RENEWAL OPTIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE ANY REMAINING TERMS WITH MDPL (BASED ON AND CONSISTENT WITH THE SUBSTANTIVE TERMS SET FORTH IN THE ATTACHED AGREEMENT, AND WHICH FINAL AGREEMENT SHALL ALSO INCORPORATE THE FINAL RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING); AND AUTHORIZING THE VICE-MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT WHEREAS, the City is the owner of the Miami Beach Ocean Front Auditorium, located at 1001 Ocean Drive, Miami Beach, Florida, which is also sometimes commonly referred to as the 10th Street Auditorium (the "Premises"); and WHEREAS, since its construction in 1953, the Ocean Front Auditorium has experienced a transformation due to the changing demographics of its intended users, the conditions and related amenities available to potential users, and the revitalization of South Beach through the designation of the Art Deco Historic District (as well as the subsequent designation of other local and national historic districts in the City of Miami Beach); and WHEREAS, in recent years, the Ocean Front Auditorium has been used as a site for various special events; movie productions; a host space for community meetings and educational classes; a temporary serving location for the provision of meals to senior citizens;,and as a City "command post" (for the City Administration and the Police and Fire Departments) for major special events on or near Ocean Drive, including, without limitation, the Summit of the Americas, Pow-Wow, Super Bowl, and New Years Eve; and WHEREAS, on May 10, 2006, the Mayor and City Commission approved Resolution No. 2006-26194, approving an extensive capital renovation program for the Ocean Front Auditorium (which also included renovations to the connecting Beach Patrol Headquarters); and WHEREAS, the renovations were substantially completed on October 2009; and WHEREAS, MDPL is anot-for-profit organization committed to preserving, promoting, and protecting the Art Deco Historic District including, without limitation, the preservation, promotion, and protection of the Ocean Front Auditorium as a historic, architectural, educational, and cultural arts venue; and WHEREAS, for the past twenty three (23) years, MDPL and its preceding organizations/members have raised funds and volunteered time to improve the Art Deco Historic District including, without limitation, the Auditorium, by conducting tours and educational programs regarding the City's history and the importance of the City's architectural heritage; and WHEREAS, in 1993, the Mayor and City Commission approved a concession agreement with MDPL for use of a portion of the Ocean Front Auditorium for the establishment and operation of 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 inquiries, and providing seminars, lectures, and guided architectural tours of the Art Deco Historic District; and WHEREAS, on June 27, 2001, the Mayor and City Commission approved Resolution No. 2001-24482, approving an agreement with MDPL to operate and manage the entire Ocean Front Auditorium; said agreement having an initial term of three (3) years, commencing on October 1, 2001, and ending on September 30, 2004, with one two (2) year renewal term, at the City's sole discretion; and WHEREAS, the renewal term expired on September 30, 2006 and, as set forth herein, shortly thereafter the Premises closed for renovations; and WHEREAS, now that the newly-renovated Ocean Front Auditorium has re-opened, the City and MDPL are desirous of re-establishing the parties' former joint "public/private" partnership of efforts to fully realize the Auditorium's potential; and WHEREAS, MDPL is ready, willing, and able to operate and manage the Premises on behalf of the City; to operate and develop the Ocean Front Auditorium, in conjunction with the City, in a manner that will dramatically increase the programmatic scope of the Auditorium's contribution to the community; and (to that end) to raise substantial grant funds and private individual and corporate contributions for the aforestated purposes; and WHEREAS, terms for a proposed new management agreement between the parties were discussed at, respectively, the September 3rd and October 29th, 2009 Finance and Citywide Projects Committee meeting; the Committee recommended approval of a five (5) year agreement, with two (2) five (5) year renewal terms (subject to the final agreement identifying measurable and determinable benchmarks for MDPL); and WHEREAS, accordingly, the Administration and MDPL have negotiated the attached Management Agreement, which the Administration recommends for approval in substantial form; the proposed agreement is for an initial term of five (5) years, commencing on January 1, 2010, and ending on December 31, 2014, with an option to renew for two (2) additional five (5) year terms. 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 waive, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve, in substantial form, a Management Agreement between the City and Miami Design Preservation League, Inc., a Florida not-for-profit corporation, for the maintenance, management, operation, and programming of the Ocean Front Auditorium, also commonly referred to as the 10th Street Auditorium, located at 1001 Ocean Drive, Miami Beach, Florida, for an "Art Deco Welcome Center"; said Agreement having an initial term of five (5) years, commencing on January 1, 2010, and ending December 31, 2014, with two (2) additional five (5) year renewal options; further authorizing the City Manager to negotiate and finalize any remaining terms with MDPL (based on and consistent with the substantive terms set forth in the attached Agreement, and incorporating the final recommendations of the Finance and Citywide Projects Committee meeting); and authorizing the Vice-Mayor and City Clerk to execute the final negotiated Agreement. PASSED and ADOPTED this 9th day of December, 2009. ATTEST: Robert Parcher, CITY CLERK ~~~~ Deede Weithorn, VICE-MAYOR JS/RJA/rlr APPROVED AS TO FORM & LANGUAGE 8~ FOECUTION F:\RHCD\$ALL\ECON\$ALL\ASSET\10thSTREETAUDWIDPL Management Agreement.RES o f 1 m~w~ /~ COMMISSION ITEM SUMMARY Condensed Title: Request for Approval for a Management and Operation Agreement between the City and Miami Design Preservation League, Inc. (MDPL), a Florida not-for-profit corporation, for the management, coordination, maintenance, and operation of the Ocean Front Auditorium, located at 1001 Ocean Drive, Miami Beach, Florida, as an "Art Deco i elcome Center" for an initial term of five (5) years, with two additional five (5) year renewal options. Ke Intended Outcome Su orted: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61 % of the same group would recommend Miami Beach as a place to do business. Issue: Should the City Commission approve the Aoreement? Item Summary/Recommendation: At the September 3, 2009~meeting of the Finance & Citywide Projects Committee (F&CPC), the Administration recommended the approval' of a Management and Operation Agreement with Miami Design Preservation League (MDPL) for the 10th Street Auditorium in Lummus Park. At the meeting, the Administration was asked to develop measurable and determinable benchmarks for MDPL. The proposed benchmarks were presented to the F&CPC at its meeting on October 29, 2009. The Administration recommended the approval of a Management and Operation Agreement for~9,086 SF within the 10th Street Auditorium as a public multi-purpose community resource centered on an outstanding cultural and historic exhibition and house the archive and educational center, MDPL's administrative offices, and an Art Deco Welcome Center, for an initial term of five (5) years, commencing on January 1 ~ 2010, and ending on December 31, 2014, with an automatic renewal for a second five (5) year term providing that the museum is completed along with long term benchmarks, and an option to renew for one (1) additional five (5) year term, at the City's sole discretion. The lease will incorporate'the following terms: • Square Footage: 9,086 sq. ft; • Term: Five (5) years, commencing on January 1, 2010, and ending on December 31, 2014, with two (2) additional five (5) renewal terms; the first five (5) year term being automatic provided that the museum is completed along with long term benchmarks. • Rent: $1.20/year • Use fees: $1,992;12/monthly for proportionate share of water and electric. Section 82-39 further provides for the waiver of the competitive bidding, upon a finding by the Mayor and City Commission that the public interest would be served b waivin such conditions. advisory Board Recommendation: Finance & Citywide Projects Committee, September 3, 2009 & October 29, 2009 Gin7nri~l Infn~m~+inn• i Source of Funds: Amount Account n/a 1 ;_ _ n/a ' Financial Impact Summary: City Clerk's Office Legislative Tracking: ~ Anna Parekh, ext. 6471 -1 Si n-Offs: Department:,Director Assist t City Manager City Manager AP H JMG T:\AGENDA\2009\December 9\RegularUV1DPL M&O Agreement.SUM.do m MIAMIBEACH vv AGENDA ITEM '"~~ DATE 2- -0 9 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bowerand Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 9, 2009 SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM A MANAGEMENT AGREEMENT BETWEEN THE CITY AND MIAMI DESIGN PRESERVATION LEAGUE, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE MAINTENANCE, MANAGEMENT, OPERATION, AND PROGRAMMING OF THE OCEAN FRONT ADUITORIUM, ALSO COMMONLY REFERRED TO AS THE 10~' STREET AUDITORIUM, LOCATED AT 1001 OCEAN DRIVE, MIAMI BEACH, FLORIDA, FOR AN "ART DECO WELCOME CENTER"; SAID AGREEMENT HAVING AN INITIAL TERM OF FIVE (5) YEARS, COMMENCING ON JANUARY 1, 2010, AND ENDING DECEMBER 31, 2014, WITH TWO (2) ADDITIONAL FIVE (5) YEAR RENEWAL OPTIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE ANY REMAINING TERMS TO BE CONSISTENT WITH THE SUBSTANTIVE TERMS AND INCLUDING THE RECOMMENDATIONS OFTHE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND AUTHORIZING THE VICE-MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Increase resident satisfaction with the level of services and facilities. BACKGROUND Since its construction in 1953, the Ocean Front Auditorium has experienced a transformation due to the changing demographics of its intended users, the conditionsand related amenities available to potential users, and the revitalization of South Beach through the designation of the Art Deco Historic District (as well as the subsequent designation of other local and national historic districts in the City of Miami Beach). In recent years, the Ocean Front Auditorium has been used as a site for various special events; movie productions; a host space for community meetings and educational classes; a temporary serving location for the provision of meals to senior citizens; and as a City "command post" (for the City Administration and the Police and Fire Departments) for major special events on or near Ocean Drive, including, without limitation, the Summit of the Americas, Pow-Wow, Super Bowl, and New Years Eve. Commission Memorandum , MDPL December 9, 2009 Page 2 of 6 For the past twenty three (23) years, MDPL and its preceding organizations/members have raised funds and volunteered time to improve the Art Deco Historic District (including, without limitation, the Auditorium) by conducting tours and educational programs regarding the City's history and the importance of the City's~architectural heritage. In 1993, the Mayorand City Commission approved a concession agreement; with MDPL for use of a portion of the Ocean Front Auditorium for the establishment and operation of an Art Deco Welcome Center. 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 architectural tours of the Art Deco Historic District. On June 27, 2001, the Mayor and City Commission adopted Resolution No. 2001-24482, approving a Management and Operation Agreement between the City of Miami Beach (City) and Miami Design Preservation League, Inc. (MDPL) to house its Administrative Offices, and operate a Welcome Center and Educational Center in the 10th Street Auditorium, while managing a portion of the facility on behalf of the City of Miami Beach. The services provided by MDPL at the site included managing and; directing the operations and activities of the Auditorium; the operation of an Art Deco Welcome Center; the coordination of Art Deco Walking Tours; and administrative functions, including the coordination of the weldknown Art Deco Weekend, and advocacy efforts on behalf of historic preservation efforts. On May 10, 2006, the Mayor and City Commission adopted Resolution No. 2006-26194, approving the renovation of the Ocean Front Auditorium and Beach Patrol Headquarters. The renovations began in March of 2008 and displaced the MDPL for a period of two years. The City and MDPL entered into a lease for the use of approximately 2,543 square feet of office space on the 1 st floor of Historic City Hall located at 1130 Washington Avenue, which commencedon March 1, 2008. MDPL is a long standing non-profit organization with a mission to preserve, protect and promote the 20th Century structures located in the designated historic districts of Miami Beach. There is no comparable organization in the City that offers these same services. MDPL has requested a new long-term commitment from the City to continue and expand its operations in the Miami Beach Ocean Front Auditorium. FINANCE & CITYWIDE PROJECTS COMMITTEE DISCUSSION /DIRECTION At the September 3, 2009 meeting of the Finance & Citywide Projects Committee (F&CPC or the Committee), which was held during the final stages of construction of the new facility, the Administration presented a recommendation to approve a Management and Operation Agreement for MDPL's use of the Ocean Front Auditorium. During this meeting, the F&CPC asked staff to develop measurable and determinable benchmarks for the MDPL, and asked staf to bring the item back to the Committee on October 29, 2009. The Committee also approved MDPL to occupy the gift shop under a Letter Agreement when the space became available for occupancy. A Letter Agreement was executed effective on October 1, 2009, for a period of six (6) months for MDPL's use of 1,309 SF~of space solely for the purpose of operating a gift shop, ticket office fortours, and for such other sales related use(s) as necessary to operate and maintain MDPL's mission. During the term of the LetterAgreement,MbPL agreed to pay the City a monthly use fee of $350.12 in order to offset the City's estimated operating expenses (i.e., electric, water, sewer, and storm water costs). MDPL prepaid the first finro month's use fees and provided the required insurance certificate. It is significant to note that the gift shop, which was grossing approximately $100 per day in its previous location, opened for business at the Ocean Front Auditorium on October 15, 2009, and grossed $900 in sales on its first day (a iThursday). Daily gross sales jumped to $1,230 within four days, and resulted in $1,400 on October 24tH Commission Memorandum MDPL December 9, 2009 Page 3 of 6 in accordance with the c Business Plan which is'. includes narrative inform management and opera. Lecture & Film Hall, 8 Preservation Education', attached business plan relations, outreach, and', (which are based on MI Rental Rates (based or, sample Art Deco Welcor Procedures. Furthermore benchmark schedule, ai iirection of the F&CPC, MDPL has prepared an Art Deco Welcome Center 'Exhibit B" to the attached proposed Lease Agreement. This business plan cation for the programs and services which MDPL will provide, including the :ion of the Welcome Center, the Walking Tours, Art Deco Museum, Art Deco arbara Capitman Research Archives, Art Deco Academy/Tour School, programs, the operation of the Gift Shop, and the Advocacy program. The ilso includes an Integrated Marketing Plan, and information on MDPL's public nrebsite. Additionally, MDPL provides projections for revenues and expenses )PL's previous five-year actuals); benchmark rates for 2010-2011 Facility current Miami Beach Botanic Garden and FIU Wolfsonian rates); and a ne Center Facility Rental agreement, which is based on MDPL's Policies and e, a schedule of events, exhibits, and lectures for 2009/2010, and afive-year ~e attached to the business plan. During the October 29, 2009 F&CPC meeting, the Committee reviewedthe proposed terms for the management agreement, and approved the agreement subject to modifications to the renewal provisions. Those modifications are further described, below. Staff has worked with MDPL representatives to develop lease terms that continue to support the mission of the organization, while ensuring that the facility continues to provide a resource for our community by providing residents and visitors with access to information on our historic districts. The new Ocean Front Auditorium contains a total of 14,487 SF, of which Ocean Rescue occupies 3,653 SF, and 3,495 SF is common areas. Underthe Management and Operation Agreement, MDPL would utilize 7,339 SF, plus fifty percent of the common areas, for a total of 9,086 SF. MDPL has requested lohg-term use of the facility and is prepared to absorb the projected costs of keeping the facility open and programming it br public use. Lease Term: The length of duration of the Agreement is suggested as a means to assure a long term commitment and continuity for this very important tourist area. The Agreement's duration is also supported by the need for long term planning to solicit/raise or obtain operating funds and to continue to provide educational and advocacy programs at the 10th Street Auditorium. The term, as proposed and agreed to at the F &CPC, is for five (5) years, commencing on January 1, 2010, and ending on December 31, 2014, with two (2) additional five (5) renewal terms. The first five (5) year term is automatic provided that the museum is completed, along with identified benchmarks, including minimum educational goals and increased membership base, as outlined in the Agreement and further detailed below. ~ Primary Uses: ~ The primary use of the facility includes the operation of an Art Deco Visitor's Center, an Art Deco Museum, an Art Deco Gift Shop, an Art Deco Lecture and Film Hall, the Art Deco Academy/Tour School ,the Barbara Capitman Archive Center, and the administrative offices of MDPL. The uses support the proposed educational programming which will be the responsibility of MDPL. The F & CPC requested that the City have the ability to review and approve any agreement for a third party entity that may be brought in to operate the Art Deco Visitor's Center on behalf of MDPL. Other Facility Uses: MDPL anticipates, and the Agreement recognizes, that there are broader multi-purpose community activities that can and should be addressed in the facility. The Auditorium will be available for Commission Memorandum MDPL December 9, 2009 Page 4 of 6 community special even not being used for its pri original purposes: to pr the form agreement for These rental rates, as n our Boutique Hotels, as Additionally, and as rec users to bring in their of is and private entities wanting to rent the facility, which can be provided when mary use. It is expected that the auditorium will now also revert to one of its wide meeting room space for local Boutique Hotels. The City shall approve third party users, and will review and approve the proposed rental rates. ;flected in the Business Plan, have been proposed to provide discounts for well as non-profit organizations. City uses are provided for in the agreement. uested by the F &CPC, the Agreement includes provisions for third party at food and beverage caterers. The Agreement provides that annually, MDPL will submit an operating budget for review by the City Manager, which shall include programming and an annual report submitted by MDPL that details the activities and events ur%dertaken and participation rates. The Management and Operation Agreement will include the traditional requirements of an Agreement dealing with insurance, issues of default or cancellation, indemnification and other important components of the relationship which would be entered into by the two parties. The Agreement provides that day to day maintenance and upkeep is the responsibility of MDPL, while the City would retain they responsibility for the more significant capital repairs such as the roof, HVAC and mechanical and electrical systems. MDPL will be required to maintain insurance on the building pursuant to the specifications of the City's Risk Manager. At the September 3, 2009 meeting of the Finance & Citywide Projects Committee (F&CPC) staff was asked to develop measurable and determinable benchmarks for MDPL. MDPL provided their proposed benchmarks for the facility, incorporated as Exhibit B to the proposed Management Agreement. At the October 29, 2009 meeting of the F&CPC, the Administration recommended the approval of a Management and Operation Agreement for an initial term of five (5) years, commencing on January 1, 2010, and ending on December 31, 2014, with an option to renew for two (2) additional five (5) year terms. The Committee approved the recommendation, with the first five (5) renewal year term being automatic provided that MDPL met certain, specific benchmarks. The benchmarks include: 1) Completion of the Art Deco Museum: As this is a major component of the facility, MDPL is required to develop a program plan for City approval that includes a site plan (to AMA standards), fundraising goals and a timeline. The museum must be completed and operatimal as per the approved plan. 2) Expansion of membership base: Issues regarding membership were also raised at F&CPC on October 29, 2009. It was reported that MDPL currently has 216 members and plans to build on that base by making membership a requirement to those who rent space. While MDPL anticipates to significantly increase its membership base, the agreement requires a minimum increase of an additional 25 percent in the first five-year term. Of these new members, at least 75 must be dues paying. (Note: It was recommended by F&CPC that MDPL's board should include City participation; the City's participation has been included consistent with our participation on the Boards of other similar organizations. 3) Minimum educational programming: While MDPL outlined educational goals in its Art Deco Welcome Center Business Plan, the stated Commission Memorandum MDPL December 9, 2009 Page 5 of 6 goals were only for the The minimum e year of service Eight thousand ~ One hundred (1 One hundred (1 Twelve (12) leci Five (5) films ce Two (2) tempor~ year of service as indicated below: goal for Miami Design Preservation League during the first on the date of facilify appropriation is as follows: 000) residents and tourists participate in the guided walking tours, K-12 grade student participate in the guided walking tours, )college level students participate in guided walking tours, ss centered on mission related topics, gyred on mission related topics, exhibits displayed in the Art Deco Welcome Center Museum. MDPL has since committed to conducting a minimum of twelve (12) annual educational programs in years two through five of the Agreement, including lectures and school events. MDPL expects to conduct a significantly higher number of educational programs in years two through five; the twelve event minimum will be reviewed prior to the commencement of year two of the Agreement. CONCLUSION Based on the foregoing waive by 5/7th vote the c of the City, approve in Design Preservation L management, operatior as the 10th Street Audit Welcome Center"; said 2010, and ending Dece authorizing the City Mai substantive terms and i committee, and authori JMG/HF/AP/jc the Administration recommends that the Mayorand City Commission of the ~mpetitive bidding requirement, finding such waiverto be in the best interest substantial form a Management Agreement between the City and Miami eague, Inc., a Florida not-for-profit corporation, for the maintenance, and programming of the Ocean Front Auditorium, also commonly referred to -rium, located at 1001 Ocean Drive, Miami Beach, Florida, for an "Art Deco agreement having an initial term of five (5) years, commencing on January 1, rber 31, 2014, with two (2) additional five (5) year renewal options, further ager to negotiate and finalize any remaining terms to be consistent with the icluding the recommendations of the of the Finance and Citywide Projects :ing the Vice•Mayor and City Clerk to execute the Agreement. T:~AGENDA~2009~December 9U2egularWIDPL Management Agreement.MEM.doc Commission Memorandum MDPL December 9, 2009 Page 6 of 6 Square Footage Term: Rent: Use Fee: Hours of Operation Maintenance: Insurance: Other terms: MIAMI DESIGN PRESERVATION LEAGUE SUMMARY OF TERMS: erms: 9,086 square feet, which includes the gift shop, office space, exhibit space, lecture hall, storage, and 50% of the overallcommon areas; Five (5) years, commencing on January 1, 2010, and ending on December 31, 2014, with two (2) additional five (5) renewal terms; the first five (5) year term being automatic provided that the museum is completed, along with identified benchmarks, including minimum educational goals and increased membership base as outlined in the Agreement. $1.20 a year $1,992.12/monthly for proportionate share of water and electric. The Art Deco Welcome Center Museum Tuesday -Sunday 10AM - 4PM The Art Deco Visitors Center Monday- Sunday 10AM - 4PM The Art Deco Welcome Center Gift Shop Sunday-Wed. 10AM -7PM and Thurs. Fri. & Sat. 10AM -10PM Day-to-day maintenance and upkeep is the responsibility of MDPL, while the City would retain the responsibility for major capital repairs (such as the roof, HVAC and mechanical and electrical systems); MDPL will be required to maintain insurance on the building pursuant to the specifications of the City's Risk Manager; MDPL will submit an annual operating budget for review by the City Manager, at least thirty (30) days prior to the start of each term year, which shall include programming and an annual report submitted by MDPL that details the activities and events undertaken, and participation rates, for the previous year.