2011-27676 Reso Inc. RESC LUTION NO. 2011 -27676
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN
MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY AND THE
MIAMI BEACH GARDEN CONSERVANCY, INC. (THE "CONSERVANCY "),
DATED JANUARY 17, 2007, FOR THE MANAGEMENT OF THE MIAMI
BEACH BOTANICAL GARDEN (THE "PREMISES "), LOCATED AT 2000
CONVENTION CENTER. DRIVE, MIAMI BEACH, FLORIDA; SAID
AMENDMENT ESTABLISHING CRITERIA AND GUIDELINES FOR THE
CONSERVANCY TO AWARD NAMING RIGHTS FOR PORTIONS OF THE
BOTANICAL GARDEN, IN EXCHANGE FOR MONETARY CONTRIBUTIONS
FROM PRIVATE DONORS, TO FUND CERTAIN CAPITAL IMPROVEMENTS
TO THE PREMISES.
WHEREAS, on January 17, 2007, the Mayor and City Commission approved a new
Management Agreement with the Miami Beach Garden Conservancy (Conservancy) for the
operation of the Miami Beach Botanical Garden, with an initial term of five (5) years,
commencing on July 1, 2007, 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 September 10, 2008, the Mayor and City Commission authorized the
execution of a professional services agreement with Raymond Jungles, Inc., (RJI), in an amount
not to exceed $125,000, for architectural, engineering, and landscape architecture services for
the master planning, design, bid and award, and construction administration services, and an
approved reimbursable allowance of $5,000; for a total not to exceed amount of $130,000; and
WHEREAS, on January 13, 2010, the Mayor and City Commission approved a Basis of
Design Report (BODR) for the Miami Beach Botanical Garden, providing for the implementation
of improvements in three (3) phases; totaling an estimated $2,148,044; and
WHEREAS, a fourth phase of the adopted Master Plan includes certain improvements
not considered an integral part cf the immediate design plan, totaling an additional $358,488,
which the Conservancy has proposed to fund through private donors, in exchange for naming
rights acknowledging the donors; and
WHEREAS, Chapter 82 Article VI of the City Code, entitled "Naming of Public Facilities
and Establishment of Monumerts and Memorials" (also referred to as the City's Naming
Ordinance), sets forth the manner in which public facilities may be named; and
WHEREAS, on several occasions the City has provided for an exemption from the
requirements of the City's Naminc Ordinance; and
WHEREAS, on April 27, 2011, the City's Finance and Citywide Projects Committee
recommended in favor of fully exempting the Miami Beach Botanical Garden from the provisions
of the City's Naming Ordinance es well as amending the Management Agreement to establish
criteria and guidelines for naming interior portions of the facility; and
WHEREAS, at its regular meeting on June ! , 2011, the Mayor and City Commission
adopted, on second and final reading, an amendment to the City's Naming Ordinance
exempting the Botanical Gardens from the requirements thereof.
NOW, THEREFORE, BE IT 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 a First Amendment to that certain
Management Agreement by and between the City and the Miami Beach Garden Conservancy,
Inc. (the "Conservancy "), dated January 17, 2007, for the management of the Miami Beach
Botanical Garden (the "Premises “), located at 2000 Convention Center Drive, Miami Beach,
Florida; said amendment establishing criteria and guidelines for the Conservancy to award
naming rights for portions of the Botanical Garden, in exchange for monetary contributions from
private donors, to fund certain capital improvements to the Premises.
PASSED AND ADOPTEC this 1st day of June, 2011.
ATTEST:
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a First Amendmert to the Management Agreement between the City and the Miami Beach
Garden Conservancy, Inc. (the Conservancy) establishing criteria and guidelines for the Conservancy to award
naming rights for portions of the Botanical Garden (the Premises), in exchange for monetary contributions from private
donors, to fund certain capital improvements to the Premises.
Key Intended Outcome Supported:
Increase community rating of cultural activities and ensure well maintained facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 73% of residents surveyed in the 2009 survey rank the availability of Miami Beach's cultural and
recreational programs as excellent and gcod.
Issue:
Shall the Mayor and Commission approve an Amendment to the Management Agreement between the City
and the Conservancy?
Item Summary /Recommendation:
On January 13, 2010, the City Commission approved the Basis of Design Report (BODR) for the Miami Beach
Botanical Garden, providing for the implementation of improvements in three (3) phases; totaling an estimated
$2,148,044. A fourth phase of the adopted Master Plan includes certain improvements not considered an integral part
of the immediate design plan, totaling an additional $358,488 In the absence of City funding for this phase, the
Conservancy has proposed to fund these elements through private donors, in exchange for naming rights
acknowledging the donors. On April 27, 2011, the City's Finance and Citywide Projects Committee (FCWPC),
approved a recommendation by the Administration that would allow the Conservancy to award naming rights for
interior portions of the premises, in exchar ge for monetary contributions from private donors, to fund improvements
set forth in the BODR, which includes: 1) a mending the City Code to exempt the Botanical Garden from the provisions
of the City's Naming Ordinance; and 2) it the event that the City Commission approves such exemption from the
Naming Ordinance, the Management Agreement should be amended, to establish criteria and guidelines for naming
interior portions of the facility. Subject to approval of the proposed Amendment to the Naming Rights Ordinance on
Second and Final Reading, scheduled for today's meeting of the City Commission, the Administration recommends
adopting the attached proposed Amendment to the Management Agreement between the City and the Garden
Conservancy, setting forth the conditions by which the Conservancy may grant naming rights in the Botanical
Garden.
Advisory Board Recommendation:
Finance & Citywide Projects Committee: April 27, 2011
Financial Information:
Source of Funds: n/a Amount Account
1 n/a
Financial Impact Summary'
City Clerk's Office Legislative Tracking:
Anna Parekh, extension 7193
Sign -Offs:
Department Director Assis - t 1, Manager City Manager
AP H ' MG ` � -
T:\AGENDA\2011\June 1 \Botanical Garden Amendment Su • ary.doc
M 1 MI BE
AGENDA ITEM R F
DATE 6-I - IJ
(1 MIAMI BEACH
City of Miami Beach, 1700 Convention Ce ,ter Drive, Miami Beach, Florida 33139, www miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 1, 2011
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN MANAGEMENT
AGREEMENT BY AND BETWEEN THE CITY AND THE MIAMI BEACH GARDEN
CONSERVANCY, INC. (THE "CONSERVANCY "), DATED JANUARY 17, 2007, FOR
THE MANAGEMENT OF THE MIAMI BEACH BOTANICAL GARDEN (THE
"PREMISES "), LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH,
FLORIDA; SAID AMENDMENT ESTABLISHING CRITERIA AND GUIDELINES FOR
THE CONSERVANCY TO AWARD NAMING RIGHTS FOR PORTIONS OF THE
BOTANICAL GARDEN, IN EXCHANGE FOR MONETARY CONTRIBUTIONS FROM
PRIVATE DONORS, TO FUND CERTAIN CAPITAL IMPROVEMENTS TO THE
PREMISES.
RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction wits the level of services and facilities.
BACKGROUND
On January 17, 2007, the Mayor and City Commission approved a new Management Agreement
with the Miami Beach Garden Conservancy for the operation of the Miami Beach Botanical Garden,
with an initial term of five (5) yeers, commencing on July 1, 2007, (upon expiration of previous
agreement), with an option, at the City's sole discretion, to renew and extend the Agreement for an
additional five (5) year term.
Since taking over the operations of the Botanical Garden in July, 1999, the Conservancy has
initiated extensive public outreach nitiatives, educational programming, and has played an important
role in capital planning efforts including, but not limited to, recent upgrades to the facility's irrigation
system (with matching grant funds from the County). The Conservancy has also used its best efforts
to increase its public /private funding contributions towards the operation of the facility, resulting in
the City being able to reduce its annual contribution by 25% (from $200,500 in FY 01/02 to $152,475
through FY 09/10).
The City's annual contribution corr prises approximately 43% of the Conservancy's income, with the
pp Y Y
balance derived from grants, dona:ions, memberships, event functions, and gift shop sales. It should
also be noted that the Administration has looked into the cost of absorbing the operation in- house.
Based on an estimate by the CI' y's Parks Department, the City's cost to operate the facility,
providing the same level of programming and services, would be approximately $230,000 per year;
almost 51% more than the City's current contribution to the Conservancy.
One of the Conservancy's primary goals is to achieve accreditation of the Miami Beach Botanical
Commission Memorandum
Miami Beach Garden Conservancy Ame dment
June 1, 2011
Page 2 of 3
Garden through the American As-ociation of Museums (AAM). To this end, it has been working with
the City in defining the scope of ca • ital improvements to achieve this goal. Originally, a total of $1.5
Million was allocated from the Series 2000 General Obligation Bonds to undertake the
improvements. In July, 2003, follo ing an RFQ selection process, EDAW was selected to undertake
the planning and design of the fac lity. Contract issues between EDAW and the City led to EDAW's
eventual termination for convenie ce, and the project being put on hold until additional funds could
be identified and /or the scope re isited. A total of $1,380,753 is currently available for design and
construction of this project from t e Series 2000 General Obligation Bond and City Center RDA
funds. Approximately $381,247 h.: s been expended or encumbered to date due to previous design
efforts.
On September 10, 2008, the Ci I, Commission authorized the execution of a new professional
services agreement with RJI, in a amount not to exceed $125,000, for architectural, engineering,
and landscape architecture se ices for the master planning, design, bid and award, and
construction administration servic -s, and an approved reimbursable allowance of $5,000; for a total
not to exceed amount of $130,00•.
On January 13, 2010, the City Co mmission approved the Basis of Design Report (BODR) for the
Miami Beach Botanical Garden, providing for the implementation of improvements in three (3)
phases; totaling an estimated $2,148,044.
A fourth phase of the adopted Ma .ter Plan includes certain improvements not considered an integral
part of the immediate design pla , totaling an additional $358,488, and include such items as a
future visitor center, a reflecting p i ol, refurbishing the existing fountain, adding an on -site rain water
collection system, and a shade s ructure over the patio for outdoor events. The Conservancy has
proposed to fund these elem =nts through private donors, in exchange for naming rights
acknowledging the donors.
Chapter 82 Article VI of the City ode, entitled "Naming of Public Facilities and Establishment of
Monuments and Memorials" (als• referred to as the City's Naming Ordinance), sets forth the manner
in which public facilities may be n.: med. However, on several occasions the City has provided for an
exemption from the requirements of the City's Naming Ordinance. These exemptions were granted
for the Bass Museum of Art, th - Miami City Ballet; and for the Altos del Mar Sculpture Park.
Additionally, the Miami Beach Bo anical Garden is exempt under the Ordinance, but only from the
referendum requirements.
ANALYSIS
On April 27, 2011, at a meeting of the City's Finance and Citywide Projects Committee (FCWPC or
Committee), the Administration recommended that in order to allow the Conservancy to award
naming rights for interior portions of the premises, in exchange for monetary contributions from
private donors, to fund improvements set forth in the BODR, that two actions would be required of
the City Commission as follows:
1) As it has been done with cther not - for - profit entities (i.e. the Bass Museum, Miami City Ballet
and the Altos del Mar Scu pture Park), the City Commission should consider fully exempting
the Miami Beach Botanical Garden from the provisions of the City's Naming Ordinance
(rather than just keeping the limited exemption, as to the referendum requirements); and
2) In the event that the City Commission approves such exemption, the Management
Agreement should be amended to establish criteria and guidelines for naming interior
Commission Memorandum
Miami Beach Garden Conservancy Amendment
June 1,2011
Page 3 of 3
portions of the facility. It should be noted that naming rights provisions and criteria have
been incorporated into other management agreements, involving the Altos Del Mar
Sculpture Garden, the Mie mi Beach Convention Center, and the Filimore.
These recommendations were approved by the FCWPC and, on May 11, 2011, in accordance with
the Committee's recommendation, the City Commission adopted an ordinance on First Reading
amending Chapter 82 of the City Code in order to grant the Conservancy a full exemption from the
City's Naming Ordinance. The ordinance is scheduled for second reading on this same agenda.
Conclusion and Recommendation
Subject to approval of the proposed ordinance on Second and Final Reading scheduled for today's
meeting of the City Commission, the Administration recommends adopting the attached proposed
Amend to the Management Agreement between the City and the Conservancy, setting forth the
conditi.-y which the Conservancy may grant naming rights in the Botanical Garden.
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Attach 1 erat
T \AGENDA\2011\June 1 \Consent \Botanical Garden Amendment Memo.doc