Resolution 2018-30300RESOLUTION NO. 2018 -30300
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO. 1 TO THE VIDEO AND AUDIO SYSTEM AGREEMENT,
DATED AS OF NOVEMBER 29, 2007, BETWEEN THE CITY AND NEW
WORLD SYMPHONY, INC (NWS), FOR THE EXPANSION OF THE VIDEO AND
AUDIO SYSTEM AT SOUNDSCAPE PARK, WITH THE CITY FUNDING THE
EXPANSION OF THE AUDIO SYSTEM, IN AN AMOUNT NOT TO EXCEED
$752,000, AND NWS FUNDING THE EXPANSION OF THE VIDEO SYSTEM, AT
NWS' SOLE COST AND EXPENSE; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT, IN FINAL
FORM, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY.
WHEREAS, the City and New World Symphony, Inc. (NWS) entered into an Agreement
of Lease (Lease) dated as of January 5, 2004, as amended by that certain Memorandum of
Lease and Possession Date Certificate, dated February 25, 2008, pursuant to which the City
leased to NWS certain real property (the Land); and
WHEREAS, concurrently therewith, the City and NWS entered into a Development
Agreement, dated as of January 5, 2004, as amended by that certain First Addendum to
Development Agreement, dated February 20, 2007, and Second Addendum to Development
Agreement, dated as of July 9, 2009 (collectively, the Development Agreement) setting forth,
among other things, the City's and NWS's respective responsibilities and agreement to
coordinate and cooperate in the planning, scheduling and approval of the development, design
and construction of: (i) a performance, educational and internet broadcast facility (the Building),
together with certain related amenities, facilities and other infrastructure improvements, all on
the Land, subject to the terms and conditions of the Lease; (ii) a public municipal parking
garage to be designed, developed and constructed by NWS on the City's behalf, and owned
and operated by the City at its sole cost and expense on City -owned property adjacent to the
land (the Garage); and (iii) a Park (the Park Project) owned by the City, to be located adjacent
to the Land, bounded on the west by the Land, bounded on the north by 17th Street, bounded
on the east by Washington Avenue, and bounded on the south by Lincoln Lane, and currently
known as "SoundScape Park "; and
WHEREAS, pursuant to Section 6.2 of the Lease, on or about November 29, 2007, the
City and NWS entered into a Video and Audio System Agreement (the Agreement) for the,
operation, scheduling and content of the programming of the external video and audio systems;
and
WHEREAS, beginning in 2014, staff began working with New World Symphony, Inc.
(NWS) and negotiating with their concessionaire, Thierry Catering, for a concession operation
in SoundScape Park, with the funding, in the amount of $800,000, approved in the Capital
Budget for Fiscal Year 2016/17; and
WHEREAS, this matter was discussed at the January 11, 2017 City Commission
meeting, at which time NWS raised concerns regarding the concession building and the
additional restrooms, and staff was directed to discuss this matter further with representatives
from NWS and to provide an update at the March 1, 2017 City Commission meeting; and
WHEREAS, City staff met with representatives of NWS on February 7, 2017 and
discussed the following matters:
• NWS did not want a food and beverage concession operation in SoundScape
Park, with a preference of engaging restaurants in the vicinity rather than adding
another vendor and structure;
• NWS did not want restrooms in SoundScape Park;
• NWS wanted to close the existing restroom building in SoundScape Park and
convert it to a storage building;
• NWS wanted to close Lincoln Lane, making it pedestrian only, and to bring the
road surface level with the SoundScape Park grade;
• NWS did not like the current plan for trees on Drexel Avenue;
• NWS requested approval to install additional speaker towers within SoundScape
Park;
• NWS wanted to create additional viewing areas within SoundScape Park outside
of the current viewing area of the wallcast (i,e., portable screens, permanent
display, etc.);
• NWS suggested possible simulcasts and /or information pieces along Lincoln
Road, using kiosks or other methods of transmission, in order to incorporate
SoundScape Park and NWS along Lincoln Road to bring the three together;
• NWS requested the City consider installing public restroom stalls along public
streets (similar to London, Spain, New York, etc.); and
WHEREAS, at the March 1, 2017 Commission meeting, staff was directed to not
proceed with the food and beverage concession, and to refer the remainder of the NWS
suggestions to the Neighborhood /Community Affairs Committee (NCAC); and
WHEREAS, at the May 19, 2017 NCAC meeting, NWS staff presented four
recommendations for improved amenities that would create a higher level of user experience at
SoundScape Park, noted as follows:
• Restroom /Storage Facilities - Relocation or reimagining of restroom facilities to
also include additional storage space in the existing facility or Pennsylvania
Garage;
• Retail Space /Bike Center- Creative use of retail space located in Pennsylvania
Garage, possibly a Bike Center such as the facility Located adjacent to
Millennium Park, Chicago;
• Lincoln Lane Closure and Leveling- Activate and create an exciting southern
edge for park in coordination with James Corner Field Associates Lincoln Road
Master Plan, including leveling Lincoln Lane Road South to create pedestrian
and bike access only;
• Audio and Video Systems- Expand listening and viewing areas to create outdoor
"Living Rooms" and pop up video screens; and
WHEREAS, on May 19, 2017, the NCAC passed, by acclamation, a recommendation
that staff evaluate the cost impacts of improving the proposed amenities at SoundScape Park
and subsequently send the evaluation to the Finance and Citywide Projects Committee
(FCWPC) for consideration; and
WHEREAS, on June 7, 2017, the Mayor and City Commission moved, by acclamation,
to minimize impact of bathrooms and for staff to work out the cost of the concepts with NWS,
and to refer the financial component to the FCWPC; and
WHEREAS, on Friday, August 4, 2017, staff from Tourism, Culture and Economic
Development, Parks and Recreation and Capital Improvements Projects met with NWS staff to
begin analyzing the costs of the proposed amenities, as follows:
Im • roved Amenities
Scope of Work
Estimated Bud • et
Restroom Facility Buildout
Construction of new restroom
facilities to accommodate
occupancy of 3000 persons
$720,000
Storage Facility
Converting existing restroom
and storage building to a full
storage room
$23,000
Lincoln Lane Closure and
Pedestrianizing Lincoln Lane
I $3,573,000
Levelin•
from Washin•ton to Drexel
31,000
Expansion of Audio and Video
Creating additional viewing
Audio $751,410
Systems
and listening "Living Rooms"
Video $377,520*
*The proposal indicates the cost of the video systems would be the responsibility of NWS
WHEREAS, on October 13, 2017, the FCWPC made a recommendation for staff to
continue working with NWS on solving the restroom issue, looking at Lincoln Lane closure, and
pursuing a budget amendment to re- appropriate the concession fund for the audio and visual
enhancement; and
WHEREAS, on January 17, 2018, the City Commission passed Resolution 2018 - 30158,
adopting the second amendment to the capital budget for FY 2017/18, and approving the
SoundScape Park concession and restroom project, excluding the restrooms and transferring
that funding, in an amount of $751,410, to a project which would expand the listening area in
SoundScape Park; and
WHEREAS, on April 3, 2018, NWS met with staff and advised they were ready to
proceed with the SoundScape video and audio system expansion project, which will be
governed by the Agreement and memorialized in Amendment No. 1 to the Agreement; and
WHEREAS, the breakdown for the Expansion Project budget is as follows:
City of Miami Beach Scope
Sound System
57,600
Meyer Sound DSP
173,000
Electrical
82,000
Media Hydrants
35,000
Landscape Repairs
8,000
Engineering, Alignment, Installation, Commissioning
and Design
290,000
Infrastructure Low Voltage Costs
31,000
Electrical Engineer
6,500
Subtotal
683,100
Contingency (10 %)
68,310
Total
751,410
WHEREAS, the Administration recommends approving, in substantial form, Amendment
No. 1 to the Agreement, incorporated herein by reference and attached to the City Commission
Memorandum accompanying this Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve, in substantial form, Amendment No. 1 to the Video and Audio
System Agreement, dated as of November 29, 2007, between the City and New World
Symphony, Inc. (NWS), for the expansion of the video and audio system at SoundScape Park,
with the City funding the expansion of the audio system, in an amount not to exceed $752,000,
and NWS funding the expansion of the video system, at NWS' sole cost and expense; and
further authorize the Mayor and City Clerk to execute the Amendment, in final form, subject to
review and approval by the City Attorney.
PASSED and ADOPTED this 16th day of May
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& O EX CUTION f
Dote
City Attorney
MIAM
BEACH
Resolutions - C7 L
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 16, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE
VIDEO AND AUDIO SYSTEM AGREEMENT, DATED AS OF NOVEMBER 29, 2007,
BETWEEN THE CITY AND NEW WORLD SYMPHONY, INC., FOR THE EXPANSION OF
THE AUDIO SYSTEM AT SOUNDSCAPE PARK, IN AN AMOUNT NOT TO EXCEED
$752,000; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE AMENDMENT, IN FINAL FORM, SUBJECT TO REVIEW AND APPROVAL BY THE
CITY ATTORNEY.
RECOMMENDATION
Adopt this Resolution authorizing the Mayor and City Clerk to execute an agreement in the not to exceed
amount of $751,410 between the City of Miami Beach, FL, and New World Symphony to expand the audio
system at SoundScape Park.
BACKGROUND
Beginning in 2014, staff began working with the New World Symphony (NWS) and negotiating with their
concessionaire, Thierry Catering, for a concession operation in Soundscape Park. Funding in the amount of
$800,000 was approved in the Capital Budget for Fiscal Year 2016/17. The Capital Improvement Projects
(CIP) Department was in the process of hiring a consultant to move forward with the design and construction
of the concession building with an estimated completion date in the spring of 2018.
This matter was discussed at the January 11, 2017 Commission meeting at which time NWS raised concerns
regarding the concession building and the additional restrooms. NWS advised the City they had other
suggestions for improving the amenities at Soundscape Park. Staff was directed to discuss this matter further
with representatives from NWS and to provide an update at the March 1, 2017 Commission meeting.
City staff met with representatives of NWS on February 7, 2017. Following is a summary of the items
discussed:
• NWS did not want a food and beverage concession operation in Soundscape Park. They would prefer
to look at engaging restaurants in the vicinity rather than adding another vendor and structure.
• NWS did not want restrooms in Soundscape Park.
• NWS wanted to close the existing restroom building in Soundscape Park and convert it to a storage
building.
• NWS wanted to close Lincoln Lane, making it pedestrian only, and to bring the road surface level with
the Soundscape Park grade.
• NWS did not like the current plan for trees on Drexel Avenue.
• NWS requested approval to install additional speaker towers within Soundscape Park.
• NWS wanted to create additional viewing areas within Soundscape Park outside of the current viewing
area of the wallcast (i,e., portable screens, permanent display, etc.).
Page 1002 of 1842
• NWS suggested possible simulcasts and /or information pieces along Lincoln Road, using kiosks or other
methods of transmission, in order to incorporate Soundscape Park and NWS along Lincoln Road to
bring the three together.
• NWS requested the City consider installing public restroom stalls along public streets (similar to London,
Spain, New York, etc.).
This information was subsequently presented at the March 1, 2017 Commission meeting. The Commission
voted in favor of not proceeding with the food and beverage concession and referring the remainder of the
issues requested by NWS to the Neighborhood /Community Affairs Committee (NCAC).
At the May 19, 2017 NCAC meeting, NWS staff presented four recommendations for improved amenities that
would create a higher level of user experience at SoundScape Park (Attachment 1).
These recommendations are noted as follows:
1. Restroom /Storage Facilities - Relocation or reimagining of restroom facilities to also include additional
storage space in the existing facility or Pennsylvania Garage.
2. Retail Space /Bike Center- Creative use of retail space located in Pennsylvania Garage, possibly a
Bike Center such as the facility located adjacent to Millennium Park, Chicago.
3. Lincoln Lane Closure and Leveling- Activate and create an exciting southern edge for park in
coordination with James Corner Field Associates Lincoln Road Master Plan, including leveling Lincoln
Lane Road South to create pedestrian and bike access only.
4. Audio and Video Systems- Expand listening and viewing areas to create outdoor "Living Rooms" and
pop up video screens
On May 19, 2017, the NCAC passed by acclamation a recommendation to have staff evaluate the cost
impacts of improving the proposed amenities at Soundscape Park and subsequently send the evaluation to
the Finance and Citywide Projects Committee for consideration. On June 7, 2017, a resolution of the Mayor
and City Commission was passed accepting the recommendation of the NCAC at its May 19, 2017 meeting to
have staff evaluate cost impacts of improving the amenities at SoundScape Park and subsequently sending
the evaluation to the FCWPC.
On Friday, August 4, 2017, staff from Tourism, Culture and Economic Development, Parks and Recreation
and Capital Improvements Projects met with NWS staff to begin analyzing the costs of the proposed
amenities. The following table and attachments summarized estimated costs for each of the suggested
recommendations:
Improved Amenities ' Scope of Work
Restroom Facility Buildout Construction of new
restroom facilities to
accommodate occupancy
of 3000 persons
Estimated Budget .K.. r.�...
$720,000
Storage Facility
Converting existing
restroom and storage
building to a full storage
room
Lincoln Lane Closure and
Leveling
Retail Space /Bike Center
Pedestrianizing Lincoln
Lane from Washington to
Drexel
Stand -alone bicycle facility
in a parking garage
ranging in size from 1,200
to 1,400 square feet.
Page 1003 of 1842
$23,000
$3,573,000
$600 -$1 M
A...J 7.. @7C4 AAA
CApdI IJwl 101 /1UUIU dl IU
Video Systems
VI UdlII ly dUUIIIUI IdI VICVVII ly
and listening "Living
Rooms
NUUIV .J1 ) 1,41V
Video $377,520*
*The proposal indicates the cost of the video systems would be the responsibility of NWS
City staff has expressed concerns regarding the proposed amenities making use of the Pennsylvania Garage
space, specifically the restroom facility and retail bike center. Relocating the restroom facilities to the
Pennsylvania garage would create a distance and disconnect from SoundScape Park, potentially causing a
security and accessibility issue. In addition, the City is currently in the process of securing a tenant for the
ground floor retail space of the garage, which will be prime real estate with the opening of the Convention
Center. By building restrooms in the lower level, parking spaces that are vital to a negotiating a lease
agreement with a potential tenant would be lost.
Regarding the potential use of the Pennsylvania Garage retail space as a bike center, the Transportation
Department explained that they would be installing 53 self - service, vertical bicycle parking racks in the
17th Street parking garage. There are 24 bicycle racks in the NE corner of the garage, and there will be 29 in
the southwest corner of the garage. Each vertical bicycle parking rack holds one bicycle. Transportation will
also be installing up to 5 u -racks at each of these two locations. In the future, a self- service bicycle repair
station will be at each of these two locations.
On October 13, 2017, the Finance and Citywide Projects Committee made a recommendation for staff to
continue working with the New World Symphony on solving the restroom issue, look at Lincoln Lane closure,
and do a budget amendment to re- appropriate the concession fund for the audio and visual enhancement.
ANALYSIS
At the January 17, 2018 City Commission meeting, Resolution 2018 -30158 was passed, adopting the second
amendment to the capital budget for FY 2017/18 and approving the SoundScape Park concession and
restroom project to exclude the restrooms and transfer that funding, in an amount of $751,410, to a project
which would expand the listening area in SoundScape Park. Funding for this amendment would come from the
transfer of Pay As You Go (Fund 302) dollars previously appropriated to SoundScape Park project, leaving a
budget of $48, 590 in this project.
On April 3, 2018 NWS met with staff and advised they were ready to proceed with the SoundScape audio
expansion project.
The timeline for completion of the project is October 1, 2018.
The breakdown for the project budget is as follows:
City of Miami Beach Scope
Sound System
Meyer Sound DSP
Electrical
Media Hydrants
Landscape Repairs
Engineering, Alignment, Installation, Commissioning
and Design
Infrastructure Low Voltage Costs
57,600
173,000
82,000
35,000
8,000
........................
290,000
31,000
Page 1004 of 1842
Electrical Engineer
Subtotal
Contingency (10 %)
Total
6,500
683,100
68,310
751,410
CONCLUSION
Staff recommends approval of the attached Resolution authorizing the Mayor and City Clerk to execute an
agreement in the not to exceed amount of $751,410 between the City of Miami Beach, FL, and New World
Symphony to expand the audio system at SoundScape Park.
KEY INTENDED OUTCOMES SUPPORTED
Enhance Cultural and Recreational Activities
FINANCIAL INFORMATION
Funding for this amendment would come from the transfer of Pay As You Go (Fund 302) dollars previously
appropriated to SoundScape Park project, leaving a budget of $48, 590 in this project.
Legislative Tracking
Tourism, Culture and Economic Development
ATTACHMENTS:
Description
CI Attachment 1
o Resolution
Page 1005 of 1842
'06
* . :1:171: '
, ,
;-
' ,,
''• ', :.:„ --7:t ,r„ ,. 4, ,.,..
,.,04! , ,
,.: ,13 ,V*:
',.:4... . -.., ,:.
1.1;... , . #' ,,.:14.0- '-' ',, 4 4 —
..— V. = ").'4 4`c'' ' 8-. . 1 ' ,-,,, ' -■',.'':', : '. ','''-' ' ' . *, "' 4';''''''''-4
BEYOND DESIGN INTENT
Washinqlon
• '="4.- •
E
=
mrvL
1.)1•(!xl
00
4-
0
0
0
Cl
CC
NEXT ISSUE: RESTROOMS CAPACITY
Was! iito
•
0
CU
4.0
0
0-
Washington
y
IMPROVEMENTS
LINCOLN LANE FUTURE
TO ACTIVATE WITH TERRACES ON THE PARK EDGE
1.1
H I
'-4
0
1 I
(2)
z
z
p
(9
(J)
z
11J
cr`->
z
LLi
z
•
•
4 r
•
4
4 4".
, 1
st,4- •
11"411
LJJ
1.11
•
0
C\J
■C1
CD
L.
n
)
4.4
u
MEM=
0)
u
‘4■
ca
L
L
9-
0
4Pio
L
0
current profile
141
LL.
f0
O
imam 2
LJJ
U) X
153 C
0
mowl
O�
0 0.
Ce
W
r
L
Z L
Q
L
O
Q C
Q
Page 1014 of 1842
Viington
Av(
4-
•
c) •
, a)
't •
• , ri