MB Garden Conservancy Agreem.
MANAGEMENT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH. FLORIDA
AND
THE MIAMI BEACH GARDEN CONSERVANCY. INC.
THIS AGREEMENT, is made and executed as of this ~ day of JAQ~(.l'" , 2002, by and
between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the
laws of the State of Florida (the City), and the MIAMI BEACH GARDEN CONSERVANCY, INe.,
a Florida not-for-profit corporation, 2000 Convention Center Drive, Miami Beach, Florida 33139-
1821 (the Conservancy).
WITNESSETH
RECITALS:
WHEREAS, the City is the owner of the Miami Beach Botanical Garden (Botanical Garden
or, in the alternative, the Premises), located at 2000 Convention Center Drive, Miami Beach, Florida
33139; and
WHEREAS, the Conservancy is an organization with members committed to promotion of
the Botanical Garden as a horticultural, educational, and cultural arts venue; and the Conservancy
and its precedents have, for the past three years, raised funds and volunteered time to improve the
Botanical Garden's contribution to a higher quality oflife in Miami Beach; and
WHEREAS, the City requires citizen participation in the development and operation of the
Botanical Garden so that there can be a strong "public/private partnership" of efforts in funding to
fully realize the Botanical Garden's potential; and
WHEREAS, the Conservancy is ready, willing and able to raise substantial grant funds and
private individual and corporate contributions for development and operation of the Botanical
Garden and to operate and develop the Botanical Garden, in conjunction with the City, in a manner
that will dramatically increase the programmatic scope of the Botanical Garden's contribution to the
community; and
WHEREAS, the City has identified $1.5 million from the Series 2000 General Obligation
Bond Fund for improvements to the Botanical Garden; and
WHEREAS, the City and the Conservancy are mutually desirous that the Conservancy play
a primary role in the operation and management of the Botanical Garden, as set forth in the terms
and conditions of this Agreement, while the City retains ultimate control and oversight consistent
with City ownership of the Botanical Garden and City obligation for the General Obligation Bond
Funds to be used to be in improving the Botanical Garden.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
conditions herein contained, it is agreed by the parties hereto as follows:
SECTION 1.
The City hereby grants to the Conservancy, and the Conservancy hereby accepts from the
City, this Agreement to manage and operate the Botanical Garden, located at 2000 Convention
Center Drive, Miami Beach, Florida, and more fully described in Exhibit A (the Botanical Garden
or, in the alternative, the Premises), attached hereto and made a part hereof, in conformance with the
purposes and for the period stated herein and subject to all the terms and conditions herein contained
and fairly implied by the terms hereinafter set forth.
SECTION 2. TERM.
This Agreement shall be for an initial term of three (3) years, comme~~g on the first clay
~ of :s- (.l \ Y ( , 2001, and ending on the aQ day of ~ (J.. "-Je , 2004fP
At the expiration of the initial term herein, provided the Conservancy is in good standing and
free from default hereunder, the City may, at its sole discretion, renew and extend this Agreement
for an additional two (2) year option term, under all of the terms and conditions contained herein.
In the event the City determines not to extend the Agreement, it shall notify the Conservancy
of same, in writing, no less than sixty (60) days prior to the end of the initial term.
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SECTION 3. BOTANICAL GARDEN PREMISES.
The Botanical Garden premises subject to this Agreement, herein referred to as the Botanical
Garden or, in the alternative, the Premises, shall be those facilities and spaces more specifically
described in Exhibit "A", attached and incorporated herein. Subject to the terms of this Agreement,
the Conservancy shall have the primary use and sole occupation of the Premises and shall be
responsible for its management and maintenance.
SECTION 4. GOAL AND PRIORITIES.
The Botanical Garden shall be managed and developed as a multi-purpose community
resource centered on an outstanding botanical garden which provides:
Enjoyment of a beautiful botanical garden
Education for children and adults
A unique and enjoyable venue for visual and performing arts, special events,
receptions, and community meetings
A catalyst for community promotion of beautification and ecological improvement
of the City
A popular and memorable tourist destination
The City and the Conservancy intend that the activities programmed in and pertaining to the
Botanical Garden continuously increase in scope and number so that the Garden favorably impacts
an increasing number of residents and visitors.
SECTION 5. OPERATION AND MANAGEMENT OF THE BOTANICAL GARDEN.
5.1 All activities undertaken at the Botanical Garden shall be to advance the purposes set
forth in Section 4 above. Subject to the terms, limitations and required approvals contained in this
Agreement, Conservancy is authorized and required, and shall have the exclusive right to:
a. Manage and direct the operations and activities of the Botanical Garden;
b. Maintain the grounds and garden and provide housekeeping for the facilities;
c. Develop the Botanical Garden grounds consistent with the City-approved
Master Plan and City administration of the G.O. Bond funds;
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d. Develop and implement programs and activities which support and promote
the purposes set forth in Section 4; and
e. Schedule public use of the Premises pursuant to policies and procedures
consistent with Section 4 and fees reflecting the reasonable expense of
allowing such use, as approved by the City Commission. The City shall have
the right to use the Premises, including but not limited to the meeting room
facilities, on a space available basis, at no charge. Duly constituted garden
clubs with membership primarily situated in the City of Miami Beach shall
have the right to hold their regular meetings at the Botanical Garden at no
charge.
5.2 Hours of Operation. City and Conservancy herein agree that normal hours of
operation for the Botanical Garden for the general public shall be from '1. tcG'OO. These hours shal~
~M. P,^ lI'Y
not otherwise be extended or shortened without the prior written approval of the City Manager or
his designee, which approval shall not be unreasonably withheld.
SECTION 6. BASE RENTIREVENUE FROM BOTANICAL GARDEN RELATED
ACTIVITIES/FINANCIAL RECORDS AND REPORTS.
6.1 Base Rent. The Conservancy shall pay to the City the base rental sum of one dollar
($1) per year.
6.2 Revenue from Botanical Garden Related Activities. The City herein acknowledges
that the Conservancy may derive additional revenues from business(es) it conducts upon or from the
Premises, including, but not limited to, event rental of the Premises, gift shop sales, plant sales,
classes, tours, and sale of food and beverages. The Conservancy herein acknowledges that any and
all business(es) conducted upon the Premises shall be directly related to and consistent with the
customary operation and management of a public botanical garden and consistent with Section 4.
Additionally, any business conducted upon the Premises shall first be approved, in writing, by the
City Manager or his designee, prior to commencement of same. Said approval shall initially be
obtained concurrent with the execution of this Agreement by the parties, by submittal of proposed
uses/business( es) to be conducted by the Conservancy on the Premises and shall be updated by the
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Conservancy, with each new proposed uselbusiness(es) on the Premises. Additionally, the City's
approval of any proposed uses/business(es) to be conducted on the Premises by the Conservancy
shall not excuse the Conservancy from the requirements pertaining to event programming and other
event scheduling requirements, as set forth in Section 10 of the Agreement.
6.3 Financial Records and Reports. The Conservancy shall keep on the Premises, or
such other place within Miami Dade County, Florida as approved by the City, true, accurate, and
complete records and accounts of all receipts and expenses for business(es) being transacted upon
or from the Premises pursuant to this Agreement and shall give the City, or its designated
representative, access during reasonable business hours to examine and audit such records and
accounts. The Conservancy shall provide the City Manager or his designee, with time frames
consistent with City departments, a monthly report of receipts and expenditures with a comparison
to the stated budget and projection for the balance of the budget period. Within ninety (90) days
after each fiscal year during the term of this Agreement, the Conservancy shall deliver to the City
a written annual financial statement of the activities conducted pursuant to this Agreement. Said
statement shall be certified as true, accurate and complete by the Conservancy and by its certified
public accountant.
SECTION 7. BUDGET AND FUNDING FOR THE BOTANICAL GARDEN. ~
7.1 The Conservancy shall prepare and present on~ of each City fiscal yeY
(October I - September 30) during the term of this Agreement, a pro~sed, detailed line item annual
operating budget for the Botanical Garden, for review by the City Manager and/or his designee, to
be submitted, 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; and statement of projected income sources; and
application of funds. Additionally, the budget shall also include, but not be limited to, the following
detailed projections:
a. Gross revenues by categories from all revenue sources derived from or upon
the Botanical Garden;
b. Operating expenses of the Botanical Garden;
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c. . Administrative, labor and general expenses;
d. Marketing, advertising and promotion expenses;
e. Energy costs, to the extent not supplied by the City;
f. Regular repairs and maintenance, to the extent not performed by the City.
7.2 Proerammatic Plan.
Accompanying the Conservancy's proposed annual budget shall be the Botanical
Garden Programmatic Plan for the next fiscal year, detailing the then-known activities planned and
the number of residents and visitors anticipated to be impacted.
SECTION 8. NOT A LEASE.
It is expressly understood and agreed that no part, parcel, building, structure, equipment or
space is leased to the Conservancy; that this Agreement is a management agreement and not a lease;
and that the Conservancy's right to operate, and manage the Botanical Garden shall continue only
so long as the Conservancy complies with the undertakings, provisions, agreements, stipulations and
conditions of this Agreement.
SECTION 9. AL TERA TIONS, MAINTENANCE, AND REPAIRS.
9.1 Alterations. It is understood by the parties hereto that the Conservancy shall not
be responsible nor required to pay for any costs related to capital improvements or infrastructure (i.e.
including, but not limited to, plumbing and sewer lines, major electrical, structural, etc.) with regard
to the Premises: Notwithstanding the foregoing, in the event that the Conservancy desires or deems
it appropriate to make alterations, additions, or improvements to the Premises, it will submit plans
for same to the City for the prior written approval of the City Manager or his designee. No such
alterations, improvements, or additions shall be made without the express written approval of the
City and, if approved, shall be made at the Conservancy's sole cost and expense and shall become
the property of the City upon termination of this Agreement. The Conservancy shall not have the
right to create or permit the creation of any lien attaching to the City's interest in the Premises as a
result of any such alterations, improvements, or additions.
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9.2 Maintenance. The City shall continue to have sole responsibility for
maintenance and repair of all facilities, improvements and facilities and utilities infrastructure
equipment on the Premises. However, notwithstanding the preceding sentence, the Conservancy
herein accepts the Botanical Garden, particularly the aforementioned, in its present "as-is" condition
from the City. 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 sole responsibility for maintaining the
grounds and horticulture of the Botanical Garden. To that end, the parties herein acknowledge, and
the Conservancy herein agrees to be bound by, the minimum maintenance standards as set forth in
Exhibit "B" to this Agreement, entitled "City of Miami Beach Minimum Specifications for
Maintenance of the Miami Beach Botanical Garden". It is further understood that the Conservancy
shall provide the City with a monthly maintenance report, in a format to be approved by the City.
Notwithstanding the City and the Conservancy's respective roles with regard to maintenance
of the Premises and the grounds and horticulture of the Botanical Garden, the City retains the right
to review and approve plans for all major horticultural material installations, removals, etc., and the
Conservancy shall comply with any and all State, Miami-Dade County, and City laws, codes, rules
and regulations, etc. with regard to its respective maintenance and horticultural rights and obligations
in this Agreement including, but not limited to, tree removal permits, use and storage of pesticides,
chemicals, etc.
9.3 Personal Property. A list of City owned personal property included in the
Agreement for use by the Conservancy during the term hereof, is attached and incorporated herein
as Exhibit "C". The Conservancy hereby accepts such equipment in its "as-is" condition. The
Conservancy shall maintain all City owned equipment and, at its sole cost and expense, acquire and
maintain all replacement and such other equipment as may be necessary to maintain the Premises
in a condition which satisfies those maintenance standards set forth in Exhibit "B", but shall not have
an obligation to improve the condition of the personal property beyond the "as-is" condition in which
it was accepted, all of which shall be noted on the inventory. The Conservancy shall have the right,
at the initial inventory and at any point thereafter, to decline the use and responsibility for any
personal property not useful for its operation of the Botanical Garden and may turn such personal
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property over to the City in the condition in which it was accepted. The City shall have the right to
periodically take an inventory of any or all equipment on the Premises.
In the event that the Conservancy deems it necessary and appropriate to supplement the City
equipment set forth in Exhibit "C", through either the direct lease or purchase by the Conservancy
of additional equipment to be used for the operation and maintenance of the Premises, the
Conservancy shall be required to submit a list of all equipment either leased or purchased directly
by the Conservancy and shall provide the City with copies of any applicable lease purchase
agreements, and all invoices and validation of payments related to such lease/purchase agreements,
in order for the City to properly maintain an account for such newly acquired inventory against the
original list set forth in Exhibit "C". It shall also be the Conservancy's responsibility to supplement
such list periodically in the event of any new equipment leases or purchases.
In the event that a lease/purchase agreement for equipment acquired by the Conservancy
extends beyond the duration of this Agreement, the City, at its sole option, shall have the right to
either purchase such equipment (in the event of a lease/purchase agreement), or assume the lease on
the same terms and conditions as originally made available to the Conservancy. Notwithstanding
the preceding, the Conservancy shall not purchase or lease any supplemental equipment to be used
by the Conservancy for the purpose of operating and managing the Premises under this Agreement,
without first having obtained the prior written approval of the City Manager or his designee.
SECTION 10. USE OF PREMISES FOR SPECIAL EVENTS! RECEPTIONS!
COMMUNITY MEETINGS, AND GENERALLY.
10.1 Pursuant to Subsection 5(e), the Conservancy shall have the exclusive right to allow,
permit, rent, and otherwise book any and all areas of the Botanical Garden, for the purpose of
allowing individuals and/or organizations to utilize the Botanical Garden for special events,
receptions, community meetings, and any 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 and attached as Exhibit "D" to this Agreement.
The City reserves the right to amend said rental rates and other policies and procedures in its sole
discretion and, in such event, the City shall provide the Conservancy with the most recent amended
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version of same, which will be attached as a new Exhibit "D" to this Agreement.
In particular, the Conservancy shall require that all users of the Botanical Garden (excepting
the City) provide Certificate ofInsurance evidencing appropriate insurance, as shall be determined
by the City's Risk Manager and referenced within the attached Exhibit "D". Copies of these
certificates shall be furnished to the City Manager or his designee. Such insurance shall be kept in
full force at all times throughout the period of intended use. All such liability policies shall name
the City as additional insured.
The Conservancy shall provide a monthly written report of the events scheduled in and
pertaining to the Garden and, with each such report, shall report on the activities which actually
occurred and the number of persons participating in those activities during the previous month. Any
commercial activity at the Garden shall be undertaken for the purposes of furthering the purposes
set forth in Section 4 herein, and must be approved by the City, as provided in Section 6 of this
Agreement. All revenues received by the Conservancy in connection with the operation,
management, and its portion of the programming of the Botanical Garden shall be dedicated
exclusively to support the operation and improvement of the Botanical Garden. For purposes herein,
"revenues" shall be deemed to include unrestricted donations and contributions received by the
Conservancy, as well as membership fees and dues. No portion of the net earnings resulting from
the activities of the Conservancy at the Botanical Garden shall inure to the benefit of any private
individual. In the event that revenue(s) pertaining to the Botanical Garden exceeds expenses during
an annual accounting period, the City and the Conservancy agree that such excess will be applied
by the City to offset the City's contribution to the Conservancy, as set forth and memorialized in the
annual operating budget for the proceeding fiscal year during the term of this Agreement.
Notwithstanding the foregoing, City Manager or his designee, shall oversee the
Conservancy's activities with regard to this Agreement and its operation and management of the
Botanical Garden, such that the City is assured that the purposes intended by this Agreement are
being achieved and the Botanical Garden is being operated in the best interest of the City.
10.2 Use by the City. The City shall have the right to use the Botanical Garden, or
any part thereof, subject to availability, for the benefit of the community for such purposes including,
but not limited to, meetings, labor negotiations and training classes, activities sponsored in
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conjunction with the Miami Beach Convention Center, City-sponsored special events, receptions,
and other purposes, as deemed necessary by the City in its sole and absolute discretion, without the
payment of any rental or use fee, except the direct out-of-pocket expenses incurred in connection
with such uses shall be paid by the City. City uses of the Botanical Garden shall not be competitive
with, nor conflict with, events booked or sponsored by the Conservancy and shall be booked in
advance upon reasonable notice, and shall not be inconsistent with maintenance of the grounds and
facility of the Botanical Garden. Additionally, upon execution of this Agreement, the Conservancy
acknowledges and herein agrees to honor all pre-existing scheduled events, whether booked by the
City or otherwise, at the Botanical Garden, whether or not such events actually occur on or after
execution by all parties of this Agreement and the Conservancy's possession and use of the Premises
for the purposes set forth herein.
SECTION 11. CONSERVANCY'S CONTRIBUTION.
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/or 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 public/private funding
contributions for further capital improvements to the Botanical Garden (hereinafter, the Phase II
improvements). Accordingly, the Conservancy herein represents that it shall use its best efforts with
respect to undertaking a coherent and consistent fundraising effort 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 City
acknowledges that said Phase II improvement funds may be conditioned as to the terms for
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disbursement therein. To that end, the parties agree to memorialize the transfer of said funds in a
separate agreement, to be negotiated between the City and the Conservancy. However, 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.
SECTION 12.
ASSIGNMENT/SUBLET.
The Conservancy may not sublet or assign this Agreement, or any part thereof, without the
prior written approval of the City, which approval shall be given, if at all, at the sole discretion of
the City. Similarly, Conservancy shall not act as an agent or representative on behalf of any other
group, organization, or entity, for use or uses set forth in Section 4 of this Agreement, or for any
other uses contemplated by this Agreement by any other group, organization, or entity, other than
Conservancy. In the event that Conservancy ceases to be a not-for-profit corporation, this
Agreement shall be automatically terminated.
SECTION 13. USE OF THE BOTANICAL GARDEN IS PRIMARY.
The Botanical Garden is for the use ofthe public for purposes consistent with Section 4 and
the public's right to such use shall not be infringed upon by any act of the Conservancy. Activities
conducted by the Conservancy on the Premises shall not interfere with the solemnity and respectful
atmosphere of the adjacent Holocaust Memorial.
SECTION 14.
SECURITY.
The Conservancy shall provide reasonable security to protect the Premises and its equipment,
materials and facilities, including any City equipment, furnishings, and fixtures used by
Conservancy, as set forth in Subsection 9.3 herein, and shall be solely responsible to the City for any
loss or damage to any City equipment, furnishings, and fixtures so used by Conservancy, subject to
the City's obligation to use ordinary care in the execution of its responsibilities hereunder, and
subject further to the intentional acts and negligence of utility easement holders upon the Premises.
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SECTION 15. PERMITS; LICENSES; TAXES.
The Conservancy agrees to obtain and pay for all permits and licenses necessary for the
conduct of its business and agrees to comply with all laws governing the responsibility of an
employer with respect to persons employed by the Conservancy. The Conservancy shall also be
solely responsible for payment of any and all taxes levied on the Premises and its operations unless
such taxes are caused by actions of the City and not anticipated in the budget of the Conservancy
approved by the City. In addition, the Conservancy shall comply with all rules, regulations and laws
of the City; Miami-Dade County; the State of Florida; and the U.S. Government now in force or
hereafter to be adopted.
SECTION 16.
UTILITIES.
Subject to budget limitations, the City agrees to continue to pay for the utilities used within
the Premises, to the extent such utilities (and such expenses) are customary and consistent with the
City's budgeted resources for the Botanical Garden, including but not limited to electric, water, gas,
telephone service (defined for purposes herein as one line, exclusive of long distance and internet
services), and garbage disposal. The City reserves the right to review said expenses for utilities at
any time during the Term of this Agreement. In the event that such charges exceed the budgeted
costs for utilities for the Botanical Garden, the City reserves the right, in its sole and absolute
discretion, to amend this Section 16, thereby making Conservancy responsible for the difference(s)
in any overages for utility costs. Should the Conservancy not wish to be responsible for such
difference(s) in utility charges, the City reserves the right to automatically terminate this Agreement
without further notice to Conservancy and further avail itself of any and all remedies to recoup such
utility cost( s) from the Conservancy.
SECTION 17. SIGNAGE.
Conservancy shall provide, at its cost within the budget submitted to the City, required signs
at all public approaches to the Premises. All advertising, signage and postings shall be approved by
the City and shall be subject to all applicable planning and zoning requirements of the City.
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SECTION 18.
FORCE MAJEURE.
The performance of any act by Conservancy or the City hereunder may be delayed or
suspended at any time while, but only so long as, either party is hindered in or prevented from
performance by acts of God, the elements of war, rebellion, strikes, lockouts or any other cause
beyond the reasonable control of such party; provided. However, that is the condition of force
majeure exceeds a period of ninety (90) days, the City or Conservancy may, at their respective option
and discretion, cancel this Agreement.
SECTION 19.
INSPECTION.
The Conservancy agrees that the Premises may be inspected at any time upon reasonable
notice by authorized representatives ofthe City, or by any other State, County, Federal or municipal
officer or agency having responsibilities for inspections of such operations and/or premises. The
Conservancy agrees to undertake immediately the correction of any deficiency cited by such
inspectors on the Premises, which is properly the responsibility of the Conservancy pursuant to this
Agreement.
SECTION 20.
WAIVER OF INTERFERENCE.
The Conservancy hereby waives all claims for compensation for loss or damage sustained
by reasons of any interference with its operation and management of the Premises by any public
agency or official as a result of their enforcement of any laws or ordinances or of any of the rights
reserved to the City herein. Any such interference shall not relieve the Conservancy from any
obligation hereunder.
SECTION 21.
INSURANCE REOUIREMENTS.
The Conservancy shall maintain, at the Conservancy's sole cost and expense, the following
types of insurance coverage at all times throughout the term of this Agreement:
a. General liability insurance with not less than the following limits:
General aggregate $2,000,000
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Products (completed operation
aggregate)
$2,000,000
Personal and advertising (injury)
(Per occurrence)
$1,000,000
$1,000,000
Fire damage
$ 100;000
Medical Expense
$
5,000
Liquor Liability (aggregate)
. (Per occurrence)
$2,000,000
$1,000,000
b. Workers Compensation Insurance shall be required under the Laws of the
State of Florida.
c. Automobile Insurance shall be provided covering all owned, leased, and hired
vehicles and non-ownership liability for not less than the following limits:
Bodily Injury $1,000,000 per person
Bodily Injury
$1,000,000 per accident
Property Damage
$ 500,000 per accident
d. Pesticide liability shall be provided separately, or as part of the general
liability coverage, in an amount not less than $1,000,000.
e. Fire Insurance shall be the responsibility of the City.
The policies of insurance referred to above shall not be subject to cancellation or changing
coverage except upon at least thirty (30) days written notice to City and then subject to the prior
written approval of City. The Conservancy shall provide City with a Certificate of Insurance for
each such policy, which shall name the City as an additional named insured. All such policies shall
be obtained from companies authorized to do business in the State of Florida with an A.M. Best's
Insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement
or substitute company shall also be subject to the approval of the City's Risk Manager. Should the
Conservancy fail to obtain, maintain or renew the policies of insurance referred to above, in the
required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended
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by City in obtaining said insurance, shall be repaid by the Conservancy to City, plus ten percent
(10%) of the amount of premiums paid to compensate City for its administrative costs. If the
Conservancy does not repay City's expenditures within fifteen (15) days of demand, the total sum
owed shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall be
deemed an event of default hereunder.
SECTION 22. INDEMNIFICATION.
22.1 The Conservancy shall indemnify, hold harmless and defend the City, its agents,
servants and employees from and against any claim, demand or cause of action of 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.
22.2 In addition, the Conservancy shall indemnify, hold harmless and defend the City, its
agents, servants and employees from and against any claim, demand or cause of action of whatever
kind or nature arising out of any misconduct of the Conservancy not included in the paragraph in the
subsection above and for which the City, its agents, servants or employees are alleged to be liable.
This subsection shall not apply, however, to any such liability as may be the result of the willful
misconduct of the City, its agents, servants or employees.
22.3 Subrogation. The terms of insurance policies referred to in Section 21 shall preclude
subrogation claims against the Conservancy, the City and their respective officers, employees and
agents.
SECTION 23.
NO LIENS.
The Conservancy agrees that it will not suffer, or through its actions or anyone under its
control or supervision, cause to be filed upon the Premises any lien or encumbrance of any kind. In
the event any lien is filed, the Conservancy agrees to cause such lien to be discharged within ten (10)
days therefrom, and in accordance with the applicable law and policy. Ifthis is not accomplished,
the City may automatically terminate this Agreement, without further notice to the Conservancy.
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SECTION 24.
CONSERVANCY EMPLOYEES AND MANAGERS.
The City and the Conservancy recognize that in the performance of this Agreement, it may
be necessary for the Conservancy to retain employees and/or managers to effectuate and optimize
the Conservancy's management and operation of the Botanical Garden. Any employees, agents,
independent contractors, volunteers, and/or other individuals and/or entities retained by the
Conservancy for such purpose(s) shall not be deemed to be agents, employees, partners, joint
venturers or associates of the City and shall not obtain any rights or benefits under the civil service
or pension ordinances of the City or any rights generally afforded classified or unclassified
employees of the City; further they shall not be deemed entitled to the Florida Worker's
Compensation benefits as employees of the City. Additionally, the Conservancy and any persons
employed by it, or volunteers acting under the authority and/or with the permission of Conservancy,
shall never have been convicted of any offense involving moral turpitude or felony. Failure to
comply with this provision shall constitute a violation of this Agreement. The Conservancy shall
have an experienced manager or managers overseeing the Premises at all times. Any criminal
activity on the Premises caused by or knowingly permitted by the Conservancy shall result in
automatic termination of this Agreement.
SECTION 25. NO IMPROPER USE.
The Conservancy will not use, nor suffer or permit any person to use in any manner
whatsoever, the Premises for any improper, immoral or offensive purpose, or for any purpose in
violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any
governmental rule or regulation now in effect or hereafter enacted or adopted. The Conservancy
shall not use the Premises for any unlawful purpose and shall comply with all laws, permitting, and
licensing requirements now in force or hereafter adopted, applicable to the Premises or the
business(es) conducted on the Premises. The Conservancy agrees not to use the Premises for, or to
permit operation of any offensive or dangerous activity, nuisance or anything against public policy.
Except as may result from acts of force majeure, the Conservancy agrees that it will not allow the
Premises to become unoccupied or vacant. The Conservancy shall take appropriate precautions to
prevent fire on the Premises, maintaining existing fire detection devices and extinguishing equipment
at all times.
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SECTION 26.
NO DANGEROUS MATERIALS.
The Conservancy agrees not to use or permit in the Premises the storage of illuminating oils,
oil lamps, turpentine, gasoline (except for small containers [5 gallons or less] for machinery),
benzine, naphtha, or other similar substances, or explosives or any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida.
SECTION 27. NO CLAIM AGAINST CITY OFFICERS, EMPLOYEES,
INDIVIDUALS.
It is expressly understood and agreed by and between the parties hereto that all individuals,
employees, officers, and agents of the City are acting in a representative capacity and not for their
own benefit; and that neither the Conservancy nor any occupant shall have any claim against them
or any of them as individuals in any event whatsoever in conjunction with any acts or duties which
are reasonably related to the performance of their duties.
SECTION 28.
DEFAULT AND TERMINATION.
If either party fails to perform in accordance with any of the terms and conditions of this
Agreement, and such default is not cured within fifteen (15) days after written notice is given, the
aggrieved party shall have the right to immediately terminate this Agreement and, as the case may
be either vacate or re-enter the Premises without further notice or demand. At its option, either party
may also pursue any and all legal remedies available to seek redress for such default.
SECTION 29.
TERMINATION FOR CONVENIENCE.
Notwithstanding the provisions of Section 28 above, this Agreement may be terminated by
the City, for convenience and without cause, upon the furnishing of sixty (60) days written notice
to the Conservancy.
SECTION 30. NQTICES.
All notices from the City to the Conservancy shall be deemed duly served if mailed by
registered or certified mail to the Conservancy at the following address:
17
Miami Beach Garden Conservancy, Inc.
Attention: Executive Director
2000 Convention Center Drive
Miami Beach, Florida 33139-1821
All notices from the Conservancy to the City shall be deemed duly served if mailed to:
City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(with copies to the City Attorney's Office)
The Conservancy and the City may change the above mailing addressed at any time upon giving the
other party written notification. All notice under this Agreement must be in writing.
SECTION 31.
NO DISCRIMINATION.
The Conservancy agrees that there shall be no discrimination as to race, sex, color, creed,
national origin, physical handicap, or sexual orientation in the operations referred to by this
Agreement; and further, there shall be no discrimination regarding any use, service, maintenance or
operation of the Premises. All facilities located on the Premises shall be made available to the
public; subject to the right of Conservancy to establish and enforce reasonable rules and regulations
to provide for the safety, orderly operation and security of the facilities.
SECTION 32.
VENUE.
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
SECTION 33.
LIMITATION OF LIABILITY.
The City desires to enter into this Agreement only if in so doing the City can place a limit
on its liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of$10,000. Contractor
I
l
18
hereby expresses his willingness to enter into this Agreement with Contractor's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of$10,000,
less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess
of $1 0,000, which amount shall be reduced by the amount actually paid by the City to Contractor
pursuant to this Agreement, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida
Statutes.
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and
their seals to be affixed; all as of this day and year first
~~r rAA~
City Clerk
Attest:
MIAMI BEACH GARDEN
C~A13L
President
s.~k,~
F:IA TIOIAGURIAGREEMNl\GARDNCTR.MGT
APPROVED AS 10
FORM & lANGUAGE
& FOR EXECUTION
j Ii ufJ.1~ ...~-r).-"'t7J,/'
~bmo
19
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of
2002, by Mayor David Dermer and Robert Parcher, City Clerk, or their designees respectively, on
behalf of the CITY OF MIAMI BEACH, known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged to and before me that they executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this _ day of
,2002.
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 19- day of~,
2002, by catlac-d' (j)~"ctDJaJeJ , on behalf of the MIAMI BEACH GARDEN
CONSERV ANCY, INC., known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged to and before me that they executed said instrument for the
purposes therein expressed.
WITNESS my hand and official seal, this R day of MAR C ~, 2002.
~~c.~
Notary Public, State ofFlond at Large
Commission No.:
My Commission Expires:
RJA\kw
F:\A TTOIAGURIAGREEMN1\GARDNCTR.MGT
~""y ~ LISA C. DIXON
~ W.c My Commission II CC ll2Ol!O8
"'1- OF f\" Expire.: 03/1812003
l-aoo-3-NOTARY Fta. No*y Servk:e & ~ Co
20
MIAMI BEACH GARDEN CONSERVANCY
MANAGEMENT AGREEMENT
EXHIBIT A
SITE PLAN
/
.
.
':t':tTLE:
Garden cen~er/ConservatorY/Holocaust Memorial
2000 Convention Center Drive
ADO~ESS:
LEGAL D2SCR:t~T:tON:
See Belo....
S.,.-"..
-~_..
50, 1) 6 sCZ. ft.
11.53 ac::-es
OSE:
ADJ;.CEYr ZON:t~G:
y~ O? ACQa:tSI~ION:
CCC, R,,{-100
DEED RESTRICTIONS:
Lz;.S ES :
T.-u FO.i:.:rO:
i See Belo..
!;i 667,170
$ -0-
$ 667,170
ASSZSSM~rrs - L.AND:
ASSZSSMENTS - IHl'ROv:::''!Z~rrs;
ASSZSSMZNT - TOTAL:
,OESCRIPTION or IMPROV~~E~S:
s~ac-=m:tz :
Ga::~en
Cen::'e=
Conservato:::y
Hclcc3us':
~e::.o::,i~l
OAT;:: or CONSTRaCTIOH:
196:
1962
1989
CRIGI~I.:i\L COST:
$ 98,000
!;i 68,668
$ ::',000,000
~';OR REUSS:
OATE:
COST:
$
TY?E CONSTROCTIO~;
CBS j:
glass .... i ';~
steel fra:lle
OIMZ1fsrONS/ STORIES:
45 :< 40
60 x 95 x 32
,
.
CO~E:NTS V.u.OE:
$
32:J~-07-002
PJl.RCEL ASSESSED '7;l,LUE
Lot aloc~ Si-::e L.:l:ld !:::'O=~..r~::1e:lt3 ~
1 7;.. 100 x 231 $ JOO,JOO $ -O- S JOO,JOO
2 7A !'S,J3a-sq.ft. S 199,390 S -O- S 199.390
H.SO' iA SO x 234 S 157,480 $ -o- S 167,480
Lot I-l
'::.'a:r relio :;
nJ4-0i-OOS
3234-07-001
3227-00-009
-,. a-'" o~ Pa'-l< .aast:
The eastern port:ion of t:he Garden Center proper...y lS P ... '- " .. -, .. n
0# 6aysho-e Gol~ Course & Pa-~ south of Canal and eas~ o. Washlng~o
^~e., Les; pa=c~l to BPI l?e=~'OR 976-566 & L.ass Greate:' Hiami. Hebr-e'"
Academy ~er OR 2241-1BS
NOTE
This information is per the City's 1990 Inventory Of City Owned Property and is provided as a representation
of the site. The site as depicted includes the Holocaust Memorial and the current property lines as recently
established based on the attached boundary survey of the Holocaust Memorial. These boundaries are subject
to possible future revision.
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MIAMI BEACH GARDEN CONSERVANCY
MANAGEMENT AGREEMENT
EXHIBIT B
./
MINIMUM SPECIFICATIONS FOR MAINTENANCE
STANDARDS OF THE MIAJ.\11 BEACH BOTi\NICAL
GARDEN
!
OF
~
C I TV
BEACH
MIAMI
Department of Parks and Recreation
.2 1 00 Washington Ave. Miami Beach, FL 33139 Phone/Fax 305.673.7730/7725
As of October 2000
GROUNDS MAINTENANCE FUNCTIONS AND TASKS
The proffessional care and maintenace the City's Parks and Landscape areas is
provided as detailed in the grounds maintenance specifications below. The entire
City inventory of locations which require landscape services are maintained in
accordance with these minimum standards. Increases for specific tasks are
noted in the program descriptions schedules for the South Beach Service Area.
1,1.00
~
1.1.1,0
1.1.1.1
1.1.1.2
1.1.1.3
Turf Care
Maintain turf areas in a healthy, growing, green and trim condition
by performing the following operations. Staff shall prior to mowing,
retrieve materials and dispose of waste to include, and not limited
to, papers, glass, bottles, cans, f':'llfcn tree !imbs and/or fronds and
all other deleterious materials found on the site.
Mowing General
Mowing shall be performed in a workr.1anlike manner that insures a
smooth surface appearance withclt scalping or leaving any
"missed" uncut grass.
Rotary mowers will be used on St. Augustine grass.
All mowers are to be adjustable and adjusted to the proper cutting
height and level for the kind of grass and current condition of the
turf. Mower blade height adjustment is to be measured from a level
floor surface to the parallel and leve! plane of the mower blade,
All mower blades are to be sharp enough to cut, rather than tear
grass blades.
1.1.1.4
1.1.1.5
1.1.1.6
1.1.1.7
1.1.1.8
1.1.2.0
1.1.2.1
1.1.2.2
f
,
1.1.2.3
1.1.2.4
All litter and debris is to be removed from turf before mowing to
avoid shredding that will damage turf appearance, or items that
may be propelled by mower blades.
Mowing will be done carefully so as not to "bark" trees or shrubs, or
to introduce weeds into ground cover beds, or to damage sprinkler
heads, curbs, or other facilities.
Grass clippings or debris caused by mowing or trimming will be
removed from the turf and from adjacent walks, drives, gutters,
curbs or surfaces on the same day as mowed or trimmed.
Mowing will not be done when weather or other conditions will
result in damaged turf.
Mowing Specifics
St. Augustine Grass
Mow only with a rotary mower a minimum of once per week "during
the growing season of mid April through the end of October for
a tot::ll of 36 occurrences per year,
Non-athletic field
Turf shall be mowed at 3 t03/'Z" above soil level with a mower
designed for use in the specific circumstances. Remove clippings
from areas if excessive clippings result from the mowing operation.
Athletic Fields
Turf shall be mowed at 5/8" to 1" above soil level with a mower
designed for use in the specific circumstances. Remove clippings
from areas if excessive clippings result from the mowing operation.
Turf to be mowed no less than twice per seven day period in winter
months and three times per week during active growing season.
Trimming and Edging
Staff shall trim and properly edge all shrub and flower beds as well
as trees, curbs, walks, lighting and all other obstacles in the
.
,
1.1.3.0
landscape and remove clippings. Paved areas (hard edges) shall
be edged every mowing cycle with respect to the turf type
adjacent to the edging. Edging of beds and the tree rings (soft
edging) shall be executed not less than even; other mowing with
respect to the turf type adjacent to the edging. Turf edging at shrub
beds, flower beds, ground cover beds, hedges, or around trees
(where "edging" rather than "trimming" is directed), shall be edged
with a manual or mechanical edger to a neat vertical uniform line.
Rotary nylon "fish line" cutters are not to be used for vertical
edging. Edge grass at plant bed lines tokeep grass from growing
toward shrubs, keep the width of sod as it was originally placed.
Care shall be taken to avoid damage of ground cover weed barrier
cloth. Grass will be trimmed at the same heigm as adjacent tLrf is
mowed, and remove all grass leaves from around all obstacles and
vertical surfaces in the turf, such as posts, walls, fences, etc.
Particular attention will be given to trimming around sprinkler heads
and other irrigation system components to assure their proper
water delivery function. Mechanical weed cutters are not to be
used within eighteen (18") inches of tree or palm trunks.AlI walks
and other paved areas littered in the lawn mainten;'3nce pr0cc::ss
shall be vacuumed, swept, or blown off while the mowing, edging,
or trimming is in process so that the appearance suffers for the
least amount of time. Landscape lighting shall be wiped, blown off or
vacuumed as needed to prevent accumulation of clippings and
dead insects. Landscape areas shall be raked and cleaned of
clippings, leaves, sticks, twigs, and all litter during each
maintenance day, Materials cleaned from grounds may not be
disposed on- site, and must be removed from Icr.ations and brought
the City Designated Dump Sites.
Pruning Shrubs and Ground Cover Plants Bed Area
Maintenance
All shrubs and ground cover plants growing in the work areas shall
be pruned,as required, to maintain plants in a healthy, growing,
flowering condition and to maintain plant growth within reasonable
bounds to prevent encroachment of passageways, walks, streets,
1.1.3.1
1.1.3.2
1.1.3.3
,
,
1.1.4.0
1.1.4.1
view of signs or any manner deemed objectionable by the Assistant
Director or his designee.
Bed Area Maintenance
The Staff shall keep the bedded areas free of dead plants, leaves
and branches at all times. All beds shall be vertically edged, and
kept weed free at all times. Edge grass at plant bed lines to keep
grass from growing toward shrubs, keep the width of sod as it was
originally placed.
Shrubs
All shrub material shall be pruned a minimum of once per month
to insure the best shape, health, and character of the individual
plant. Mechanical trimming may only be utilized when the health or
appearance of the plant will not be damaged by the mechanical
trimmers.
Groundcover
,A,II groundcover material shall be pruned a minimum of once per
month to insure the best shape, he8!th, and character of ~he
individual plant. Goundcover plants shall be selectively cut back to
encourage lateral growth and kept inbounds and out of other
plantings, walkways, lighting, etc. Mechanical trimmers may only
be utilized when the health or appearance of the plant will not be
damaged by the mechanical trimmers.
Trees and Palm Pruning
Trees and palms are to be maintained in a healthy, growing, safe,
attractive condition and in their proper shape and size according to
variety, species and function in the landscape or as specifically
directed by the Assistant Director or his designee.
Pruning Natural Shaping and Thinnina
Prune, thin, and trim all trees/palms at least once a year to keep
the trees healthy, to maintain the natural character of the variety, to
control shape and to prevent crowding. Pruning in general shall
consist of the removal of dead,broken, fungus infected,
superfluous, and intertwining branches, vines, and the removal of
dead' or decaying stumps and other undesirable growth. Palms
shall be pruned as needed to remove dead fronds and weak stalks.
Certain Washingtonian Palms will be an exception to the pruning
practices of normal palm maintenance when existing dead fronds
are maintained. Pruning will also be required from time to time to
remove damaged branches from storms,frost, pruning to prevent
encroachment of branches over streets, into private property,
clearring view of signs or traffic, particularly at a road intersection,
or interference with lighting, etc. Tree branches shall bepruned up
to seven (7') feet over walkways and in areas so designated by the
Assistant Director or designees. All tree pruning shall be
accomplished with standard practices including;
,
.
Cuts should be made with sharp and proper tools. vVhen cutting
parts of branches, leave a living bud at the end of the stub. Make
cuts sufficiently close to parent stem so that the healing can readily
start under normal conditions. On trees known to be diseased,
disinfect tools after each cut and between trees. Prune only at the
time of season proper for the variety. Prune or trim, at least once
or twice each growing season to keep the natural shape of the
individual plant.
Pruning shall include the following items:
- Dead, dying or unsightly part of the tree
- Remove sucker growth from base of the trees In which an
exposed trunk character is desired
. Branches that grow toward the center of tree
- Crossed branches that may rub together
- "V" crotches, if it does not ruin the appearance of the tree
- Multiple leader if the tree normally has only a single stem
- Nuisance growth that interferes with view, traffic, sign age, walks,
or lighting. Nuisance growth includes the removal of all dangerous
thorns, spikes or appendages which show potential conflict with
- Shape top of small trees as needed
1,1.4.2
1.1.4.3
1.1.4.4.
1.1.4.5
f
,
1.1.4.6
1.1.5,0
1.1.5.1
All branches, dead wood, and cuttings shall be removed from the
job site at the direction of the Asistant director or designee.time of
pruning and disposed of in an acceptable manner. All lawn and
shrub areas damaged by pruning equipment shall be restored.
Staking and Guying - and Tree Set-Up
Maintain existing and adjust tree stakes, guy wires and hoses or
blocks, until trees are capable of standing vertical and/or resisting
normal winds.
The Staff shall be responsible for the complete removal and
replacement of those trees lost due to the Staffs faulty
maintenance or negligence, as determined by the Assistant
Director or designees.
All trees that have died or have been blown or knocked over are to
be reported immediately upon discovery to the Assistant Director
or designees.
With prior approval from the Assistant Director or designees, it is
the Staff's responsibility to remove and properly dispose of all dead
or injured trees and/or weed trees such as but not limited to Florida
Holly or Leucana or Australian Pine. Staff shall set and support
trees that have been knocked or blown over.
The staff shall be responsible for removing all signs, posters,
boards, supports and any other material(s) attached or fastened to
trees, or from elsewhere onthe project site. as directed by the
Assistant Director or designees.
Weed Control
All landscape areas within the specified area, including lawns,
shrub and ground cover beds, planters, and areas covered with
gravel, shall be kept free of all weeds at all limes. This means
1.1.5.2
1.1.5.3
1.1.5.4
1.1.5.5.
f
.
1.1.5.6
1.1.5.7
1.1.5.8
complete removalof all weed growth shall be accomplished at
each mowing cycle. For the purpose of this specification, a weed
will be considered as any undesirableor misplaced plant. Weeds
shall be controlled either by hand, mechanical, or chemical
methods. The Assistant Director or designees may restrict the use
Weeds are to be mowed, trimmed, or edged from turf areas as a
part of turf care operations.,
Weeds are to be manually removed from shrub, hedge, ground
cover or flower beds, unless chemical or mechanical means are
specifically authorized by the Assistant Director or designees.
Persistent weed growth such as the growth of sedges shall be killed
with "round up" whenever possible.
Weeds are to be removed from walkways, curbs, expansion joints,
and along fence lines and guardrails at each mowing cycle or as
otherwise directed by the Assistant Director or designees,
If infestations cannol be controlled by hand-pulling, or herbicide use
will damage or kill the shrubs or ground-covers, the bed may be
excavated, after removing all plants, Then weeds may be destroyed
before replanting by any of the following methods:
Sterilize the soil, or
Allow weeds to reestablish a vegetative top and treat with a
systemic herbicide, at ieast t'NO (2) applications, about two (2)
weeks apart, or until there is a 90% kill.
After the kill, apply, immediately after replanting, a pre-emergent
herbicide, such as Treflan or prior to reinstalling a ground cover
fabric.
1.1.6.0 Litter Control
1.1.6.1 The Staff shall promptly remove all debris generated by their
pruning, trimming, weeding, edging, and other work required in the
specifications. Debris must be disposed of at an authorized site for
commercial use. Neighborhood trash transfer stations or road side
piles are not considered authorized sites. The Staff shall clean
driveways and paved areas with suitable equipment immediately
after working in them. All cuttings are to be removed on same day
as cut.
1.1.6.2 Litter Removal~
In addition to the litter removal required to accomplish the mowing
operation, the Staff shall be responsible for litter removal on, A
Continuos cycle, seven days per week to be done in such a
manner and with sufficient personnel so that the entire site IS
maintained in a substancially clean state during the hours of use.
1.1.7,0
~
1.1.7.1
Fertilization
The fertilizer used shall be a commercial grade product and
recommended for use on each plant type. Specific requirements
should be determined by soil test results, soil type, and time of
year. Applications shall proceed continuously once begun until all
areas have been completed. In the event fertilizer is thrown on
hard surfaces, it shall be removed immediately to prevent staining.
Turf
St Augustine turf shall be fertilized four (4) times per year at a
rate of 1 lb. Of N/1000 Square feet. The N< P< K ratios shall vary
with the time of year of the application and results of the soil
analysis. The approximate N, P, K ratios should be:
One (1) application of a 5:2:1 ratio with a post-emergent weed
control;
One (1) application of a 10:1:2 ratio with Dursban, and one
application being a blanket application of insecticide;
One (1) application of a 3:1:3 ratio;
1.1.7.2
1,1.7,3
.
.
One (1) application of a 5:2:1 ratio
Groundcover, & Shrubs
The fertilizer for all planted shrubs and groundcovers shall meet
appropriate horticultural standards with an N, P, K ratio of 3:1 :2,
unless soil conditions or plant species dictate differently, with at
least 60% of the nitrogen from a non-water soluble organic source.
All shrubs and groundcovers shall be fertilized by broadcasting by
hand over the beds three (3) times per year.
Fertilizer should be applied Spring, Summer and Fall at the
following rates: 1-1/2 to 3 Ibs. N/100 Square Feet. The Assistant
Director or designees shall establish a program that will fertilize all
shrubs and groundcover, describing the type of fertilizer required
for each type of plant and the time of year, Any plants damaged by
ever-fertilization shall be replaced as soon as possible. Changes in
fertilization rates, methods and compositicn must be approved by
the Assistant Director or designees in writing.
Fertilization Trees, & Palms
The fertilizer for all the planted trees shal: meet proper horticultural
standards with an N, P, K ratio of 4: 1:4, unless soil conditions or
plant species dictate differently, with at least 60% of the nitrogen
from a non-water soluble organic source. Concentrated slow-
release fertilizer tablets may be used on trees if approved by the
Assistant Director or designees.
Trees shall be fertilized twice yearly: Spring and Fall In the
following amounts:
Caliper Pounds of Fertilizer
2"
3"
4"
3
6
10
15
4 Ibs. per 1 in of dia.
C:;"
'-'
6"
1.1,8.0
.
.
1.1.8.1
All palms shall be fertilized during April and September. The
fertilizer shall be broadcast under foliage canopy at the rate of 1 lb.
per inch of palm tree diameter. The staff shall establish a program
that will fertilize all trees and palms, describing the type of fertilizer
required for each type of plant and the time of year this work will be
undertaken. Changes in fertilization rates, methods, and
composition must be approved by the Assistant Director or his
designees in writing.
General Use of Chemicals
The Pesticide Supervisor shall maintain on file in the Parks
Operation's facility, a list of all-chemical herbicides and pesticides
proposed for use in the City, to be approved by Assistant Director
or designees including MSD sheets for each item. Materials
included on this list shall be limited to chemicals approved by the
State of Florida, the Department of Agriculture, and the Florida
Department of Transportation, and shall include the exact brand
name and generic formulation. The use of any chemical on the list
shall be based Oii the recommendations of and be performed under
the direction of a CertiflGd F-est Control Operator (Assistant Director
or designees). No chemical herbicide or pesticide shall be applied
until the Assistant Director or designees as appropriate approve
use, in writing, for the purpose and area proposed.
Disease and Pest Control
To control or eradicate infestations by chewing or sucking insects,
leaf miners, fire ants, and other pests and diseases, spray affected
plants with chemical sprays and combinations of sprays suitable for
that particular pest when the Infestation or infection becomes
evident and as often thereafter as necessary. Pest Control
Supervisor shall be fully licensed to spray pesticide. PC Supervisor
shall use sound cultural practices that aid in preventing the
presence or proliferation of insect and diseases.
Insects in Bermuda grass shall be controlled by both curative and
preventative measures. Timing will be critical on mole cricket
. ..
applications and frequencies of application will be as needed to
successfully control their infestations. Nematode samples will be
taken at least two (2) times each year and action shall be taken
per the recommendation of the IFAS lab results to control the
populations This lab report shall be submitted to the Assistant
Director or designees for his review as soon as it is received and
maintained on file at the Parks Operations Facility.
1.1.8.2 Application of Herbicides
PC Supervisor may apply various herbicides by means of spray
type devices to aid in the control of unwanted weeds and
vegetation. All applications shall be performed by staff holding a
valid herbicide application license as issued by the State of Florida
and shall be done in accordance with the herbicide manufacturer's
recommended rates and all applicable Federal, State, County and
Municipal regulations. Herbicides may be used only with prior
approval by the Assistant Director or designees as to type location,
and method of application.
1 1.3.3
The PC Supervisor shall exercise extreme care so as not to over
spray and effect areas not intended for treatment. Areas adversely
affected by such over spray shall be restored by the Landscape
Division Staff as soon as possible,
~
1,1,3.4 The Supervisor shall advise the Assistant Director or designee
within four (4) days after disease or insect infestation is found. He
shall identify the diseaseor insect and recommend control
measures to be taken and, upon approval ofthe Assistant Director
or designee, the Supervisor shall supply and implementthe
approved control measures, exercising extreme caution in
application of all spray material, dusts or other materials utilized.
Approved control measures shall be continued until the disease, or
insect is controlled to the satisfaction of the Assistant Director or
designee.
1.1.8.5 When a chemical is being applied, the person using it shall have in
their possession all labeling associated with the chemical. Also, the
chemical shall be applied as indicated on the said labeling. A
specimen label and the Material Safety Data Sheet for each
product shall be maintained on site at the Parks Operations Facility.
1.1.8.6 All insecticides shall be applied by an operator licensed pursuant to
Chapter 487 of the Florida Statutes. The operator shall have the
license/certification in his or her possession when insecticides are
being applied. The implementation of control measures for pests
and disease infestations shall be in strict compliance with all federal
and local regulations. Upon request, the Supervisor shall furnish
documentation of such compliance.
1, '1.8.7 The spraying of insecticides and other such chemicals are to be
confined to the individual plant. Spraying techniques which may
introduce the material being sprayed beyond the immediate area of
the individual plant are strictly prohibited,
.
1.1,8,8 Spray or dust material on foliage only during cairn days. Do not
apply when leaves are wet, when rain is expected within 3-4 hours
after spraying, or when temperatures exceed 88 degrees
Fahrenheit. Spray at times whE1n traffic is lightest (i.e., early
mornings or weekends). Use a spreader-sticker to aid in
adherence and absorption of the material. Wash material off of
pavements and buildings immediately after applying.
1.1.8
The Supervisors shall utilize all scfeguards necessary during
disease or insect control operations to ensure safety to the public
and the employees of the City.
1.1,9.0
Irrigation System Maintenance and Watering
Irrigation System Supervisor (IS SuperJisor) & Local Supervisor will
be responsible for the operation and maintenance of the manual
irrigation systems. The IS Supervisor will be responsible for the
labor and supervision to make irrigation repairs to the lateral line,
risers and sprinkler heads up to four inch (4") in diameter as
required to keep the system operating. The irrigation system shall
be capable of providing 1-1/2" of water to all lawns and shrub beds
each week or as often as required to provide for a uniform lush
green landscape appearance. Watering shall be adjusted during
the various seasons. The Supervisor shall be required to make all
repairs as soon as able.Any form of damage to the irrigation system
must be reported to the ISSupervisor by all staff immediately upon
discovery. ISSupervisor and Location Supervisor shall be
responsible for controlling the amount of water used for irrigation
and any damage that results from over-watering or insufficient
watering.
~.
1.1.9.1 Watering
During periods when the irrigation system is not operational, either
due to breakdown of the system, or an extended electric power
failure, it shall be the responsibility of the location Supervisor to
supply to the plant material asdescribed below.
t
.
1.1.9.2 Distribution of th:= ';.later to the plants shall be the responsibility of
the Location Supervisor. The Supervisor shall use hand watering,
water trucks, portable pumps, etc. as required to distribute the
water.
1.1,9.3 Apply water in quantities and at intervals necessary to maintain the
plants in a healthy growing condition.
1.1.9.4 Irrigation System Shall be constantly maintained and adjusted to
insure that no water from the system hits the road surface.
1.1.10.0 Mulch application
Replenish mulch in shrub beds as required to cover areas of bare
soil, especially at the edge of the bed and in places where the
shrub canopy has not grown together to shade the soil. Add mulch
around tree trunks in sod areas. Mulch shall be added to maintain
a constant three (3) inches thickness. Do not pile against tree
trunks and shrub stems.
1.1.10.1 Use Shredded Cypress mulch or grass clippings collected from
mowing.
1.1.11.0 Athletic fields
1.1.12.0 Fertilization
/
Bermuda turf shall be fertilized six (6) times per year.at a rate of 1
lb. Of N/1000 Square feet. The N< P< K ratios shall vary with the
time of year of the application and results of the soil analysis. The
approximate N, P, K ratios should be:
Two (2) applications of a 5:2:1 ratio with a post-emergent weed
control;
One (1) application of a 10: 1:2 ratio with Dursban, and one
application being a blanket application of insecticide;
Two (2) application of a 3: 1 :3 ratio;
One (1) application of a 5:2:1 ratio
Supplimental applications of urea based Nitrogen may be applied
as needed, during the early spring and later Summer months to
suppliment normal fertilization applications.
~
1.1.13.0 Airation
Airation for Bermuda Turf fields will be completed four (4) times per
year as needed to reduce compation. Equipment utilising tines,
deep water penetration and knives will be used depending or;
conditions and severity of compaction noted.
1.1.14.0 Sanding
Topdressing of Bermuda turf will be completed after every airation
work and as neede to reduce compaction of turf areas.
END OF SPECIFICATIONS SECTION
Parks/Landscape l\tlaintenance Divisions
Service Levels FY 00/01
The following tables detail the level of maintenance provided by the two divisions and
contractors
Parks Maintenance
Task
Summer(.}uneOl - Oct 31) \Vinter(Nov Ol-Mav 31)
Litter Removal 5X weekly 5X weekly
Tot-Lot Cleaning/Safety Inspections 5X weekly 5X weekly
Tot-Lot Pressure Cleaning , IX monthly I IX monthly
Mow St. Augustine Turf to 2 12" Height j IX I weekly! IX I every I 0 days
Weed/Trim curbs and edges I IX , weekly I IX j Every 10 days
Mow Bermuda Turf to 1 W' Height I 3X weekly 3X ! weekly
. . .
I Bermuda Turt FertIlIzatlon 6 X
Bermuda Turf Aeration 6 X
Bermuda Turf lOp Dressing 6 X
I Fertilize All Plant Material
I ~~~~~~ H~d:e Material
i .......'-..... ................ffiln::=
: \Ve~d Removal I X
Sand removal (Lummus Park showers) 3 X
I Remove Fallen Limbs Debris I X
, Irrigate Turt/Landscape Material
i Preventative Weed Control 1 X
I Preventative Pest Control
i Pest Control Measures
Hazardous Condition Inspection 1 X
yearly I
yearly I I
yearly I
yearly I 3X yearly
monthly I IX monthly i
)'"carly : IX ;re:J.rt:.. ,I
weekly i IX every 10 days i
\veekly i 3X \.veeklv !
, I
\veeldy ! IX \veekl;:
as needed I As needed I
monthly i IX monthly !
as needed I as needed I
as needed as needed :
BI-weekly I BI-weekly !
f
.
Landscape Maintenance
Task
Summer(JuneOl - Oct 31) \Vinter(Nov Ot-Mav 31)
I Litter Removal I 5X I weekly 5X I weekl y
i Mow St. Augustine Turf to 2 Y;" Height I 1 X I weekly IX , every 1 0 days
I r:' ;0...-: 1 : _ :"\ ' I' r)' ,....... +- \ f...... ~.....: ,-.. l ~ , ~ . .,~ _1..
"'\ . ~ ,~, .
_..~.__..... ~...~ ~ ._....~ - ...--.-.....-... I................ . --...... .
. .
I Prune All Hedae Material
IX
mo...rhlv i 1 X
monthly I
:::> J..i,.~ ... J' ,( I
Tree Trimming I IX yearly IX yearly
Weed Removal IX weekly IX I every IO days
I
Edge curbs/plant beds IX weekly IX I every 10 days ,
Remove Fallen Limbs Debris IX weekly IX weekly
Irrigate Turf/Landscape Material as needed As needed
Preventative Weed Control IX monthly IX montWy
Preventative Pest Control as needed as needed
I Pest Control Measures as nee:::!~d as needed
Replant 43 + flower beds 3X yearly
Special Event litter control as needed as needed
Hazardous Condition Inspection IX BI-weekly IX BI-weekly
MIAMI BEACH GARDEN CONSERVANCY
MANAGEMENTAGREEMlliNT
EXHIBIT C
LIST OF EXISTING INVENTORY
/'
~
lQ
PARKS & RECREATION
MAY 25, 2001
MIAMI BEACH GARDEN INVENTORY LIST
Quantity Description
IS/Each Tables, Banquet (8' feet), with one (1) table cart
117/Each Chairs, Banquet, Red with one (1) Chair Caddy
lIEach Table, Conference (13.5' feet)
,/ 2/Each Cabinets, glass/wood with 4-shelf display.
3/Each Case, Display (Glass)
6/Each . Book case with 3-shelf, white (38" inch)
lIEacn Rack, Magazine, 5-tier (38" inch)
lIEach Bookcase, 6-shelf (25")
!
2/Each Storage Sheds, portable Rubberrnaid
25/each Tables, Cocktail, wood
MIAMI BEACH GARDEN CONSERVANCY
MANAGEMENT AGREEMENT
EXHIBIT D
ESTABLISHED RENTAL Ri\.TES, POLICIES
AND PROCEDURES
!
CITY OF
MIAMI
8EACH
,--
~
~
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO, Y l.{ <;:l,' - <1 5
TO:
Mayor Seymour G.:lber and
1'r1emben o( the City Commi.uioD
DATE: Junei, 1995
FROM;
Jose Garcia_pedrosa~
City Manage:- , ,
A RESOLUTION OF . !AYOR A.:.~1) OTY COl'r11YflSSION OF THE CITY OF M1A,""11
BEACH, FLORIDA AJ.'\1:ENDIN'G RESOLUTION No. 86-13677 \V'HICH ESTABLISHED
RENTAL R-~TES FOR THE USE OF RECREATION, C1.;LTITRE .~'11) P.-illKS
DEPA..RT~!ENT FACILITIES BY ADDmON OF RENT.U R.\TES FOR USE OF THE
J'rfLA..vII BEACH GA..RDEN CENTER.
SD"BJECI":
ADiHTh1'STRA nON RECOi\-G'vfEN'DA TTON:
T..:: ..;,dr::i:Ji.s~cion :eccmn:~=Cs the aI:l::=d1::ot of Rzsolt.:.ticn No. 36-13677:.0 mc!:..:ce :-:l!~S for re:J.t:l of u.1.e ;\!ia=1i
E~:.c:;. Gtl:::~:' C~=:e:.
BACXC;R0TT"iU:
Tne subjec: resolution addresses the .-enol r.ltes ~cr various facilities within tile Rec:e:u:ion, Culture md Puks
Deoo.r:::r.enr. Tne Mi:J.mi Ee:.l.Cb Garde:: C::nter is not induded in the cur::::t r:nt:tl rJ.tes. However, due to it.:> re::e::t
ren~vat:ion, cb.e Garden Ce::tter has be::ome a b.i~hl: desinCie location for wecd.ings .:md other events md is being
requested for re::lt:tl on a more fr::qu.ent basis.
[r is the,,:,e::ore requested that Resolution No. 86.! 3677 be amended to incluce :.:e Guden Cente: with the fc.:lowing
re.nol r.lces est:lbLisiIed (see comparable f:.l.Cilities included in Exhibic A):
Mi:unl Ee:lcn G:lI'den Center Rent:1ls (no admission c!larged);
~
Board Room (meeting room)
Auditorium
Conservacory
A udi torium/C onservatory
Paid admissioo:> usage of entire faciiiry
S125.00
S250.00
S250.00
S500.00
S750.00
S25 e:lcb additional hour
S25 e:lcn additional hour
S25 e:lcn additional hour
S50 e:lcn additional hour
S75 e:lch additional h,';ur
R.:1ces are chuged for evenrs lasti."1g up co four (4) hour:;: Races for additiooal hours are noced. Till:se rent:ll r.lces do
noc include sr.-:lfr:.ng, insr.:rance, janitorial or othe:- diree: costs which are billed to lessee for [:leiEr:, reows. Tee:
recommended r.lCes ue idenric:u to those ch:u-ged for the 2] st Street Recre:l::ioa Ce:::e:- 'N::;r:n bests similar type
;1;,nCtiODS,
co~carSTO;,{:
Ie is recommende:d th:lt the Mayor and Ciey Commission :unend Resolution No. 36-1 S6i7 r,) include
aforer:1e::cior.ed ;-ates for rer:tal of the Miami Be:lC:' Guden Ceme:-,
555
lGP/KSlls
Ar-...::.!chments
AGENDA ITEM
R -2:l=L
i-7-~
DATE
--
MIAMI BEACH BOTANIC..l\L G.A~RDEN RENTALS
1. Lessee is responsible for setup, breakdovm and removal of all decorations and items. All
items (i.e. dishes, rented tables and chairs, music equipment, etc.) must be removed
immediately following usage. No storage is available for pre or post event items.
I No tape is allowed on interior or exterior walls, ceilings and fencing. No items may be
stapled, nailed or thumbtacked to surfaces. Absol utely no glitter, silly string or confetti,
3, Lessee must be on site to accept all deliveries and pickups. City of Miami Beach staff\vill
not accept responsibility for deliveries or pi~~ups.
4. Propane cooking is allowed in designated areas only. No charcoal grills allowed.
5. Lessee is responsible for removul of garbage from site if it exceeds capacity of \\,':lste
receptacles. No dumpster is on site,
6. The kirchen has no cooking appliances. Refrigerator space is very limited and no ice
machine is available, Lessee is responsible for the cleaning of kitchen sink, rdiigerator
and countertops prior to departure.
7. Loading and unloading is through the back driveway via paved walk"\V'ays. No vehicle
larger than a pick.-up truck is allowed Ol~ the premises. All vehicles must be removed from
the garden immediately follov.ring loading or unloading. Absolutely DO parking or
unloading on grass.
.
.
8. No parking on premises, All parking in the vicini!:,,' is metered, Meters may be rented
(subject to availability) through the Parking Department at (305)67.3-7505,
9. No events beyond 1 :OOam on Friday and Saturday, ~-o events beyond 11 :OOpm on
Sunday - Thursday,
10, Per fire code, auditorium capacity is 100 persons seated. Standing room capacity is 200
pasons (no tables or chairs setup in the room). Ex:eeding occupancy limit requires
immediate closure of facility.
1/, No exterior music allowed. All music must be in the auditorium with doors closed and is
not to exceed level of City of Miami Beach noise ordinance.
12. A tent is allowed on back patio only and requires a building permit issued by the City of
Miami Beach Building Department. Copy of permit must be submitted to Recreation
office prior to date of event.
Lessee
Date
Staff
Date
CITY OF MIAMI BEACH
Recreation Division
Facility Rental Request
Facility:
lessee:
Address:
Address:
Date(s) requested:
Contact Person:
Hours: From
to
Title:
Rental Fee:
(a)
Address:
Tax:
(b)
Phone:
Staffing:
Janitorial:
Security:
ACTIVITY:
Insurance Fee:
(c)
Other:
PURPOSE OF ACTIVITY:
Refundable Deposit:
(d)
.
TOTAL:
(a) Please enclose with this iorm.
(b) If you have a Tax Exemption Number, please list
it here:
(c) I f you are providing your own insurance please list
company:
(d) Refunded:~ fa::ility left in clean condition.
SET UP REQUIREMENTS:
- Department Use Only -
Request Received:
Rental Date:
Insurance Received:
Insurance Approved:
Fee Payment:
Receipt Number
Admission Charged: 0 YES
Expected Number of Participants:
o NO
I have read the reverse side of this page and will
abide by the Rules and Regulations outlined,
Signed:
Signed:
Title:
DATE:
Title:
Date:
rtH: City \)1' .'vl ialll I lical:h has ~stahlished policies and procedures concerning the rental of CilY-ll\\'I1c.:d t':l~ilitil"
Pkast: hI: advised l)t'thc f(11lnwing rules and n:gulalions which apply to all rental agreements:
I.
"'l
-.
~
).
4,
S,
6.
7.
8.
9.
-
10.
11.
I'"
,-.
1 J.
14.
.
.
Facilities arc It:ased only whl:n thl:rc arl: no rcgularly scheduled c\'crHs.
Lessees must observe the hours of use as arranged.'and rental is valid only for the Jatl:(s) issw:d
Lessees are responsible for the conduct of persons occupying the tacilities during thl: 11l1urs pi'
. thl..: rental agreement.
Lessees agree to abide by all City. County, and State Laws during use of City of Miami Real.:h
facilities.
It is the responsibility of Lessee to obtain proper licensure with regard to the sale ot" alcohnlit:
beverages.
Lessees will maintain reasonable quiet and make no public disturbance.
Occupancy of rooms may not exceed the limits as posted.
Lessees will be responsible for all damage during time of usage.
Vehicles are allowed in parks only where roadways are provided and vehicles will park only in
areas designated for vehicle parking.
There is no responsibility on behalf of the City of Miami Beach for any lost. stolen or damagcd
property belonging to any user.
The City of Miami Beach retains the authority to detcrmine the number of employees required
for each event.
No payments may be made directly to City employees.
Payment of rental fee must accompany rental request (minimum 2 weeks prior to event).
INSURANCE: The renter/lessee must provide an origir.al certificate of insurance to the
Recreation Division at least 30 days prior to the facility usage or event, confirming thl: following
insurance has been obtained:
A. Workers' compensation, per Florida Statute, for any employees of the renterilessee that may
work at the facility.
B. Commercial general liability in the amount ofSI,OOO,OOOper occurrence for bodily injury and
property damage. Depending on the usage or event, products or liquor liability may also b\..'
required. This policy must name the City as an additional insured and be issued hy a
company acceptable to the City's Risk Manager.
C. As an alternative to providing evidence of the liability policy required in paragraph (b)
above, the renter/lessee can obtain general liability coverage through the City's policy, The
premium for this coverage will be determined by the Recreation Division based on per event
rates supplied by the insurance company. This option must be selected and tilt.: premium
paid to the City at the time all other fees are due.
IS. For any event open to the public the Lessee must inform thc City of Miami [kach Policl:
Department of expected attendance and comply with Police Supcr\'ision Rcquir\,,'[l1,,;nts
If there are any questions concerning the use of City of Miami Beach facilities, pkasl: call 67')-77:-(1.
.
.
.'
Miami Beach Fire Department
'-,~ ~ ~:;~~:;'~~~i~:.l~;~j~i:.'i~P'O.':\. . ,- ~'::'~~.~~:'':-\: .;:;; ~~;:'- ~:"t"~' ;;:tL'" ;"~'~:;~~::J' ~;,'~:~: ~~::7. . '':f' ":: ~1' ~:! .~.'. ~ ..;::~:;;,rF- . ' "'~-~-j~:":.~:';;'J'~ ~ .'~ ..;~::~.~.;-~~~t.i~\:;.~;;~~~i~~1I~]
!::~~:;;.':,i=!t;~l:'::~~~~.~;~ ccupan . oau :,&';Ist. ortClty. aCJ JtJes~;f~~-"~:-:~~~~';"~i;'1
- --..
Business Name I Address I
SoUth ~Shcrre~:Confiii.1CehteYj~
, "_. .... . . , .. ..' oW .
833 6th St.
I Exits I Issued
184 3 12/13/1999
299 3
299 4 )12113/1999
-
100 3 12113/1999
214 3
90 0
193 0
30 1
2931 2 I 12.'13J~ 999
500 2
150 2
322 2
443 4
949 4
78 2
Occupant Load
o c'eah: F iOhtA ud itoi'i u rri Y:i~f,~;
. " - ... ......' '. .... '...
1001 Ocean Dr,
G'" 'd. "n-'~Ce"n. <'te' .'r.:.~;rJ;~~~~":~~,!r~::;:TJ~~:.;.=;:; A d't .
. ar e, . '_'~.."'''''''--'_''''''''-'_".'_'''_ u I onum
. ,. ~~~-...:...~ "".--~ ~- -'""---'!.
2000 Convention Center Dr,
Auditorium Patio
Conference Room
21.st':$t!tRecreati~:fn'~Ce'nterb~~ North Room
2100 Washington Ave,
South Room
Combined
Theatre
~6):!n.~S.h(ir.~:R.e~;:Ce""ij't~r;\~&~~ Child Care/T~.en Center
501 72nd St.
2
2
132
282
12/13/1999
Ceramics Room
40
2
N6rttfiS.fj9Iet~~pyi!-Yit:.~rftefl~
7275 Coflins Ave.
2
2
12/13/1999
85
155
NCS~iV~b~~arra~Jj~ll~
7275 Collins Ave.
1000
3
12/13/1999
Sheet 21
........."\
! .;. i .
","~. J
, ,
MIAMI BEACH
GARDEN C ' NSERVANCY
July 11th 2001
Kevin Smith, Director of Parks and Recreation
Dear Kevin,
The Miami Beach Botanical Garden has experienced 4 break-ins over the past few
months. As such the Miami Beach Garden Conservancy has a number of concems
regarding Section 14 (Security) of the Agreement between The City of Miami Beach and
The. Miami Beach Garden Conservancy, Inc. In order to comply with this section of the
agreement the Conservancy asks that the City of Miami Beach address the following
issues:
. Replace railings at NW comer of Garden. (These have been missing since May 22nd)
. Fill gaps uilJer the fence in multiple locations around the Garden
We appreciate your cooperation in this matter.
.
,
Sincerely,
t~aMW
Lynda Davis
Director of Operations
2000 CONVENTION CENTER DRIVE. MIAMI BEACH. FL 33139 TEl.:305.673.7256 FAx:305.673.7850
AFTERACTION
June 27,2001
DRAFT # 1
.~
C7I
Commission Memorandum No, 398-01
A Resolution 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 City
Commission on April 18, 2001.
(Parks and Recreation)
LJd( c~
~~
(QAAI~
ACTION: Resolution No. 2001-24477 adopted. Patricia Walker to handle.
C7J
Commission Memorandum No. 399-01
A Resolution Setting a Public Hearing on July 18, 2001, Pursuant to Ordinance No, 92-2783, Governing
the Sale/Lease of City-Owned Property, to Consider a Lease Agreement Between the City and the
School Board of Miami-Dade County for the Use of the Flamingo Park Baseball Stadium by the Miami
Beach Senior High School Baseball Team During its Baseball Season (A Maximum of 118 Days),
Including Annual Renewal Increases and Additional Charges, as Stipulated in the Agreement, Said
Lease Agreement Having a Term of Four (4) Years and 364 Days.
(Parks and Recreation)
ACTION: Resolution No. 2001-24478 adopted. Robert Parcher to notice. Lilia Cardillo t(' place on
agenda. Joe Damien to handle,
City Clerk's Note: Advertised for 10:30 am
~
C7K Commission Memorandum No, 400-0 I
A Resolution Approving the First Contract Renewal, as Stipulated in the Memorandum of Agreement
(MOA), with the Florida Department of Transportation (FDOT), Entered into in June, 1998, for the
Maintenance of the Landscaping for State Road AlA (MacArthur Causeway), frem the East End of
Watson Island to the West End of East Channel Bridge, for an Annual Compen....ation of $150,000, Paid
by FDOT to the City of Miami Beach, Commencing on July 1,2001, for a One Year Period and Two
Additional One Year Renewal Options, If Mutually Agreed upon by the City and FDOT.
(Parks and Recreation)
ACTION: Resolution No. 2001-24479 adopted. Kevin Smith to handle.
Prepared by the City Clerk's Office
C:\DA T A\AFTERACT\OIJUNE27\062701 D4,WPD
10
'.
MINIMUM BUDGET SCENARIOS
CUrtent CIty Expense CUrrent MBGC Income
(Which can be applied to 08nera,
Fae. Malnt & Utlty 50000 expenses)
Garden Malnt., Cust.,
Renta.. Overhead 125000 Membenshlp 8000
Temporary Funding 84000 Donations 3000
Festival Profit 5000
Tota. 259000 Admin. From Grants 20000
City 84000
Total 118000
BUdget wI Current Hou.,. 'lnder New Contract 284500
less MSGC non City income -34000
Needed Additional Funding from City 230500
Plus Utilities & Maintenance 50000
Total CIty Outtay 280&00
BUdget wI Reduced Houra under New Contract 234500
Less MBGC non-City income -34000
Needed Addltlona, Funding from City 200800
Plus Ufifities & Maintenance '50000
Total City Outtay 280800
Minimum Expense.
84.000
24000
6000
Addltlona' MInimum Expen.e.
Under New Contract
114000
Administration
Cost of Grant WritIng
Olr. Ops
Hort. Dir.
1.5 Gift Shop Attnd.
Current
Tota'
10000
30000
7500 .
50000
50000
4000
1000
8000
Olr.Ops.
Office Assistant
Gft Shp Alln. AddU
2 CustOdians
Garden Maintenance
Facility Maintenance
Additlona, Admin Exp
CPA Expense
150500
-30000
120500
Total
If hours were reduced
Total 11 hra reducd
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1~Q.c)~c)oo<wc)Q.C:i 11.0 8
-
Author: CarlosDaCruz at C-H-PO
Date: 07/16/2001 01:07 PM
Normal
TO: BobMiddaugh, SheliaMaes, PatriciaWalker, ChristinaCuervo, OdessaPinder, RocioRodriguez
CC: KevinSmith
TO: CarlosDaCruz
Subject: Re[4]: Garden Conservancy Request
Message Contents ---------------------------------------------
Please plan on Bruce Davidson attending the meeting a little
before 12:00 noon. As suggested by Bob Middaugh, this will
allow a few minutes for an internal meeting.
Thank you,
Carlos
Reply Separator
Re[3]: Garden Conservancy Request
CarlosDaCruz at C-H-PO
.07/16/2001 12:22 PM
Subject:
Author:
. Date:
Please be advised that the Garden Conservancy meeting is scheduled for
tomorrow at 11:30 AM, in the City Manager's Large Conference Room.
\,./
Attending:
Christina Cuervo
Bob Middaugh
Trish Walker
Kevin Smith
Thank you,
Carlos
Reply Separator
Subject: Re[2]: Garden Conservancy Request
Author: KevinSmith at C-H-PO
~ Date: 07/16/2001 11:32 AM
Carlos:
Please call Shelia, Rocio and Odessa to see if we can find a time to
meet tomorrow with Bob, Christina, Trish and Bruce Davidson.
Advise please
Thanks
KS
Reply Separator
Re: Garden Conservancy Request
BobMiddaugh at C-H-PO
07/16/2001 10:23 AM
Subject:
Author:
Date:
I can make a few minutes early tihs week. It would be good for you
Trish, CMC and I to get together before we meet with Davidson
Reply Separator
Garden Conservancy Request
KevinSmith at C-H-PO
07/15/2001 01:13 PM
Subject:
Author:
Date:
As requested I called Bruce Davidson on Friday everting to discuss the
Garden Conservancy beginning its operation of the Botanical Garden on
7/16. I left messages for Bruce both on his home and cell phones.
This after noon {7/15 at 12:43 P,M.l I spoke to Bruce, I gave him the
status update that we were set to go but that the Administration had
some concerns with terms set in the letter he sent on 7/12. I
explained Bob was OK to start but we needed to work out some of the
details. BD asked if we (BM, TW, he and Il could meet early this week
to resolve issues as he will be on vacation for a week starting on
Friday. I said I would E-mail everyone today and ask for meeting but
we had a Commission meeting and it will keep us all busy. I also said
the Parks and Recreation Division would be on site tomorrow to assist
in the transition.
Advise when we can meet please.
Thanks
KS
/
.
,