2010-27371 ResoRESOLUTION NO. 2010-27371
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO
THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA AND ALTOS DEL MAR SCULPTURE PARK, INC.
FOR THE OPERATION OF A SCULPTURE PARK IN ALTOS DEL MAR
PARK; SAID AMENDMENT DEFINING THE "POSSESSION DATE" AS
THE DATE THE CITY ALLOWS ADMSP TO ENTER UPON AND TAKE
POSSESSION OF THE PREMISES; AND, ACCORDINGLY, FURTHER
PROVIDING THAT ADMSP'S OBLIGATIONS UNDER THE AGREEMENT
WITH RESPECT TO MAINTENANCE OF THE PREMISIS AND
ADMSP'S OBLIGATION TO PROVIDE GENERAL LIABILITY
COVERAGE FOR THE PREMISES, SHALL NOT COMMENCE UNTIL
SAID POSSESION DATE.
WHEREAS, on October 17, 2007, the Mayor and City Commission approved the
issuance of Request for Proposals No. 02-07/08 to establish a Cultural Arts Themed and/or
Other Passive Recreational Activities Program in Altos Del Mar Park, located on Collins
Avenue, between 76th and 77th Streets (the RFP); and
WHEREAS, on July 16, 2008, the Mayor and City Commission accepted the
recommendation of the City Manager and authorized the Administration to enter into
negotiations with the successful proposer, Altos Del Mar Sculpture Park, Inc, snot-for-
profit Florida corporation (ADMSP); and
WHEREAS, on June 3, 2009, the City Commission adopted Resolution No. 2009-
27100, which approved and authorized the Mayor and City Clerk to execute a Management
Agreement with ADMSP for the establishment, operation, and maintenance of a cultural
arts themed program, to be known as the "Altos del Mar Sculpture Park" (the Agreement)
WHEREAS, pursuant to the Agreement, ADMSP is required to provide the City
with proof of certain required insurance coverage, including general liability coverage; and
WHEREAS, ADMSP is also required to commence maintenance of the proposed
sculpture park area (as such site is delineated in the Agreement and hereinafter referred to
as the site) upon commencement of the Term of the Agreement; which term commenced
on June 3, 2009; and
WHEREAS, subsequent to the parties' execution of the Agreement and
commencement of the Term, ADMSP advised the City that it was not its intention to
assume control of the site, and therefore assume the aforestated insurance and
maintenance requirements, until ADMSP's commencement of construction for the
sculpture park Improvements (as defined in the Agreement); and
WHEREAS, accordingly, ADMSP has requested that the Agreement be amended,;
notwithstanding, ADMSP has currently obtained the required liability insurance (which was
reviewed and approved by the City's Risk Manager) and is currently providing routine
maintenance of the site (as currently required under the Agreement); and
WHEREAS, the Neighborhoods and Community Affairs Committee reviewed
ADMSP's request at its February 16, 2010 meeting, and recommended in favor of the
requested amendment; and
WHEREAS, the City and ADMSP have negotiated the following Amendment No. 1
to the 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 approve and authorize the Mayor and City Clerk to
execute the attached Amendment No. 1 to the Management Agreement between
the City of Miami Beach, Florida and Altos Del Mar Sculpture Park, Inc. for the
Operation of a Sculpture Park in Altos Del Mar Park; said amendment defining the
"Possession Date" as the date ADMSP is allowed to take possession of the
Premises; and, accordingly, further providing that ADMSP's obligations under the
Agreement with respect to maintenance of the Premises, and ADMSP's obligation
to provide general liability coverage, shall not commence until said Possession
Date.
PASSED AND ADOPTED this 14th day of April , 2010.
ATTEST:
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CITY CLERK
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MAYO
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APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, authorizing Amendment No. 1 to the
Management Agreement between the City of Miami Beach, Florida and Altos Del Mar Sculpture Park, Inc. for the operation of a
sculpture park in Altos Del Mar Park; amending Section 9.7.8.1, of the Agreement, entitled Construction Commencement/ADMSP's
Right to Terminate.
Ke Intended Outcome Su orted:
Increase satisfaction with family friendly recreational activities.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey shows that 73.3% of residents
and 58.7 % of businesses feel the City has the "right amount" of cultural events available. Residents also attend cultural activities (such
as art shows, film festivals and live performances) 10.61 times per year on average. The same survey shows that residents attend
museums on avers a 6.85 times er ear. However, 29.3% of residents also feel the Cit has "too few' museums.
Issue:
Shall the City Commission approve an amendment to the Management Agreement Between the City and ADMSP?
Item Summa (Recommendation:
On October 17, 2007, the Mayor and City Commission approved the issuance of Request for Proposals No. 02-07/08 to establish a
Cultural Arts Themed and/or Other Passive Recreational Activities Program in Altos Del Mar Park, located on Collins Avenue, between
76th and 77th Streets (the RFP). On July 16, 2008, the Mayor and City Commission accepted the recommendation of the City Manager
and authorized the Administration to enter into negotiations with the successful proposer, Altos Del Mar Sculpture Park, Inc, snot-for-
profit Florida corporation (ADMSP). The Administration negotiated a Management Agreementwith ADMSP whereby theywould design,
develop, operate and maintain a sculpture park within a portion of Altos Del Mar Park (to be known as the Altos Del Mar Sculpture Park),
in accordance with its response to the RFP. On June 3, 2009, the City Commission adopted Resolution No. 2009-27100 which
approved and authorized the Mayor and City Clerk to execute a Management Agreement with ADMSP.
The Agreement has an initial term often (10) years, with two (2) additional five (5) year renewal options, at the City's sole and absolute
discretion. The initial Term of the Agreement commenced on June 3, 2009 and expires on June 3, 2019. Under the terms of the
Agreement, ADMSP would be responsible for all ongoing maintenance of the Sculpture Park, including the Proposed Improvements. It
would also be responsible for operation and management of the Park for its intended purposes. Upon execution of the Agreement
ADMSP was required to provide the City with proof of Insurance, which includes general liability coverage, as required under section
20.1 of the Agreement. Additionally, the Agreement required ADMSP to begin maintaining the park, which at this time would be limited
to landscape maintenance and litter control. ADMSP advised the City that it was nevertheir intention to assume control of Altos Del Mar
Park immediately and, although never discussed during negotiations, they assumed their responsibilities asdelineated inthe Agreement
would commence once they obtained building permits. As this specific subject was never discussed with ADMSP it seems there was a
misunderstanding in this regard.
After extensive discussion on the subject, ADMSP did purchase the required insurance which was reviewed and approved by the City's
Risk Manager. Additionally, they have also begun routine maintenance of the site. However, ADMSP would still prefer not to assume
control of the site until such time that a building permit is issued. ADMSP is of this opinion, in part because the Park remains an open
public park where volleyball and soccer, among other things, are played on a daily basis. To that end, ADMSP has requested the City
consider amendin the Mana ement A reement to reflect this chan e.
Board Recommendation:
recommended in favor of the requested amendment.
Financial Information:
Source of Funds: Amount Account Approved
1
Financial Impact Summary: The proposed amendment requires the City to assume maintenance (mowing and litter control) of
premises. This cost is estimated at $5,500 per year. Additionally, the City will assume all liability on the property until ADMSP obtains t
buildin ermit and takes over control of the ro ert .
Ci Clerk's Office Le islative Trackin
Max Sklar, Ext 6116
Si n-Offs:
Department Director ssistant City Manager City Manager
J V 1I ~! V 1 ~ ~ ~1~7~ H AGE~6DA 6TEM /G/ "7~L
DATE
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Ma r Matti Herrera Bower and Members of the City Commission
~,
FROM: JO a M. Gonzalez, City Mang r
DATE: April 14, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND ALTOS DEL MAR SCULPTURE PARK, INC.
FOR THE OPERATION OF A SCULPTURE PARK IN ALTOS DEL MAR PARK; SAID
AMENDMENT DEFINING THE "POSSESSION DATE" AS THE DATE THE CITY ALLOWS
ADMSP TO ENTER UPON AND TAKE POSSESSION OF THE PREMISES; AND,
ACCORDINGLY, FURTHER PROVIDING THAT ADMSP'S OBLIGATIONS UNDER THE
AGREEMENT WITH RESPECT TO MAINTENANCE OF THE PREMISIS ,AND ADMSP'S
OBLIGATION TO PROVIDE GENERAL LIABILITY COVERAGE FOR THE PREMISES,
SHALL NOT COMMENCE UNTIL SAID POSSESION DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commission approve an Amendment to the
Management Agreement between the City and Altos Del Mar Sculpture Park, Inc.
BACKGROUND
On October 17, 2007, the Mayor and City Commission approved the issuance of Request for Proposals
No. 02-07/08 to establish a Cultural Arts Themed and/or Other Passive Recreational Activities Program
in Altos Del Mar Park, located on Collins Avenue, between 76th and 77th Streets (the RFP). On July 16,
2008, the Mayor and City Commission accepted the recommendation of the City Manager and
authorized the Administration to enter into negotiations with the successful proposer, Altos Del Mar
Sculpture Park, Inc, snot-for-profit Florida corporation (ADMSP). The Administration negotiated a
Management Agreement with ADMSP whereby they would design, develop, operate and maintain a
sculpture park within a portion of Altos Del Mar Park (to be known as the Altos Del Mar Sculpture Park),
in accordance with its response to the RFP. On June 3, 2009, the City Commission adopted Resolution
No. 2009-27100 which approved and authorized the Mayor and City Clerk to execute a Management
Agreement with ADMSP.
The Agreement has an initial term of ten (10) years, with two (2) additional five (5) year renewal options,
at the City's sole and absolute discretion. The initial Term of the Agreement commenced on June 3,
2009 and expires on June 3, 2019.
ADMSP's proposal includes the design, development, construction and, thereafter, operation and
maintenance, of a public sculpture park (hereinafter referred to as the Sculpture Park). The Sculpture
Park would display, in changing exhibitions, major works of sculpture from internationally established
sculptors of the 19th, 20th, and 21st centuries. The artwork would be displayed in three (3) distinct
landscaped areas--referred to, respectively, in ADMSP's proposal as the 1) "Dunefields;" 2) Maritime
Garden; and, 3) "Tree Allees." These are intended to serve as natural "outdoor galleries," and would
Altos Del Mar Sculpture Park
April 14, 2010
City Commission Meeting
Page 2 of 2
enable visitors to navigate freely through exhibits, enjoying the natural beauty created by the landscaped
areas, as well as the beauty of the works of art themselves.
ADMSP would be responsible for all costs associated with design, development, construction, operation,
and maintenance of the Sculpture Park--including, without limitation, construction of all Proposed
Improvements (as hereinafter defined). ADMSP has retained the services of ArquitectonicaGEO to
create the proposed Sculpture Park Design. ADMSP confirmed that a capital investment of $2.5 million
is needed upfront and $1.7 million is needed for operating costs yearly. They are currently still meeting
with potential sponsors/donors to fund these expenses. Under the terms of the Agreement,
ADMSP would be responsible for all ongoing maintenance of the Sculpture Park, including the Proposed
Improvements. It would also be responsible for operation and management of the Park for its intended
purposes.
Upon execution of the Agreement ADMSP was required to provide the City with proof of Insurance,
which includes general liability coverage, as required under section 20.1 of the Agreement. Additionally,
the Agreement required ADMSP to begin maintaining the park, which at this time would be limited to
landscape maintenance and litter control. ADMSP advised the City that it was never their intention to
assume control of Altos Del Mar Park immediately and, although never discussed during negotiations,
they assumed their responsibilities as delineated in the Agreement would commence once they obtained
building permits. As this specific subject was never discussed with ADMSP it seems there was a
misunderstanding in this regard.
After extensive discussion on the subject, ADMSP did purchase the required insurance which was
reviewed and approved by the City's Risk Manager. Additionally, they have also begun routine
maintenance of the site. However, ADMSP would still prefer not to assume control of the site until such
time that a building permit is issued. ADMSP is of this opinion, in part because the Park remains an
open public park where volleyball and soccer, among other things, are played on a daily basis. To that
end, ADMSP has requested the City consider amended the Management Agreement to reflect this
change.
The Neighborhoods and Community Affairs Committee reviewed this request at their February 16, 2010
meeting and unanimously recommended in favor of the requested amendment. The City and ADMSP
have negotiated the attached Amendment No. 1 to the Management Agreement for the aforestated
purposes.
FISCAL IMPACT STATEMENT
The proposed amendment requires the City to assume maintenance (mowing and litter control) of the
premises. This cost is estimated at $5,500 per year. Additionally, the City will assume all liability on the
property until ADMSP obtains their building permit and takes over control of the property.
CONCLUSION
The Administration recommends that the Mayor and Commission approve an Amendment to the
Management Agreement between the City and ADMSP to reflect mutually agreed-upon amendment.
Attachments
T:WGENDA\2010Wpril 14\Regular~.4DMSP Mgmt Agmnt Amendment Memo.doc.RTF