Loading...
2004-25534 Reso RESOLUTION NO. 2004-25534 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING THE RENEWAL TERM OF THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH GARDEN CONSERVANCY, INC., FOR THE MANAGEMENT AND OPERATION OF THE MIAMI BEACH BOTANICAL GARDEN; SAID TERM BEING FOR A PERIOD OF TWO (2) YEARS; AND ADDITIONALLY, PROVIDING FOR WAIVER, BY 5/7THS VOTE, OF THE COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER IN THE BEST INTEREST OF THE CITY, IN LIGHT OF THE ANTICIPATED DESIGN AND CONSTRUCTION SCHEDULE FOR THE BOTANICAL GARDEN, PURSUANT TO THE CITY'S CAPITAL IMPROVEMENT PROGRAM AND PROVIDING FOR ONE (1) ADDITIONAL RENEWAL TERM YEAR; FOR A TOTAL RENEWAL PERIOD OF THREE (3) YEARS, COMMENCING ON JUNE 20, 2004 AND ENDING ON JUNE 22, 2007. WHEREAS, after several years in decline, the City of Miami Beach Botanical Garden has experienced a resurgence as a focal point of pride for our residents, tourists and day guests; and WHEREAS, throughout this resurgence, the volunteers of the Miami Beach Garden Conservancy, Inc., (Conservancy) have been present at the Garden, staffing a Welcome Center, working on the garden grounds and cooperatively hosting classes and horticultural training to interested citizens; and WHEREAS, on July 7, 1999, the Mayor and City Commission authorized the execution of a Concession Agreement with the Conservancy which permitted the Conservancy use of the area known as the Welcome Center, including the gift shop and the orchidariums; and WHEREAS, the Conservancy's purpose was to provide volunteer public information, and horticultural, educational and conservational services and support the capital improvements, programming and building/grounds maintenance needs at the Botanical Garden; and WHEREAS, at the January 10, 2001 City Commission meeting, a discussion regarding the Conservancy and the Botanical Garden, was held; at that time, a motion was made and approved to appropriate up to $7,000 per month, for up to three (3) months, to reimburse the Conservancy, based on actual expenses, until a Management Agreement could be developed.; and WHEREAS, On April 18, 2001, the City Commission approved a Management Agreement (Agreement) with the Conservancy Inc., for a period of three (3) years, commencing on July 1, 2001 and expiring on July 20, 2004; and WHEREAS, Section 2 of the Agreement provides that upon expiration of the initial term, provided the Conservancy is in good standing, the City may, at its sole discretion, renew and extend the Agreement for an additional two (2) years; and WHEREAS, on April 6, 2004, at a meeting of the Finance and Citywide Projects Committee, the Committee recommended unanimously to renew the Management Agreement for the two-year renewal period, as provided for in Section 2 of the Management Agreement; and WHEREAS, the Conservancy's Chairperson requested that the Finance and Citywide Projects Committee consider renewing the Agreement for a period of three (3) years, in order to accommodate the Conservancy's efforts in achieving accreditation for the facility, a process estimated to take two-and-a-half years; and WHEREAS, CIP staff advised that by extending the Agreement for a three-year period, the Conservancy would also be able to remain involved throughout the planning and construction of the proposed improvements to the Botanical Garden, to be funded from Series 2000 General Obligation Bonds; and WHEREAS, pursuant to a determination by the City Attorney, and based upon the findings set forth in this Resolution, the Committee voted unanimously to recommend waiving, by 5/7ths vote, the competitive bidding requirements, providing for one (1) additional year, thereby extending the renewal term for a period of three (3) years, as requested by the Conservancy. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee, and approve the renewal of the Management Agreement between the City of Miami Beach and the Miami Beach Garden Conservancy, Inc., for the Management and Operation of the Botanical Garden, said renewal term being for a period of two (2) years; and further waiving, by 5/7ths vote, the competitive bidding requirements, finding such waiver to be in the best interest of the City, and in light of the anticipated construction at the Botanical Garden, pursuant to the City's Capital Improvement Program, providing for one (1) additional renewal term year, for a total renewal period of three (3) years, commencing on June 20, 2004 and ending on June 22, 2007. PASSED and ADOPTED this 14th day of April, 2004. ATTEST: -r ~'crE~i~4 . T:\Agenda\2004\Apr14\ConsentlConserva.Res.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~lf-b9 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution approving the two (2) year renewal option of the Management Agreement with the Garden Conservancy for the Management and Operation of the Botanical Garden; and further waiving by 5/7ths vote, the competitive bidding requirements, to provide for one (1) additional year, for a total renewal period of three 3 ears, commencin on June 20, 2004 and endin on June 22, 2007. Issue: Shall the City Commission adopt the Resolution, approving a renewal of the Management Agreement with the Garden Conservancy for a period of three (3) years.? Item Summary/Recommendation: On April 6, 2004, the Finance and Citywide Projects Committee recommended unanimously to renew the Management Agreement with the Conservancy for the two-year period, as provided for in Section 2 of the Agreement. The Conservancy requested that instead, the Committee consider renewing the Agreement for a period of three years, specifically to accommodate the Conservancy's efforts in achieving accreditation for the facility. The process is estimated to take two-and-a-half years. Additionally, Ronnie Singer of the CIP Office, informed the Committee that by extending the Agreement for a three-year period, the Conservancy would be able to remain involved throughout the planning and construction of the proposed improvements to the Facility, as discussed earlier in this memorandum. Pursuant to a determination by the City Attorney's Office, the Finance and Citywide Projects Committee voted unanimously to recommend waiving by 5/7ths vote, the competitive bidding requirements, providing for one (1) additional year, thereby extending the renewal term for a period of three (3) years, as requested by the Conservancv. Adviso Board Recommendation: April 6, 2004 - Finance and Citywide Projects Committee - Voted in favor of renewing the Management Agreement with the Garden Conservancy for a three (3) year period as noted in the Item Summa /Recommendation section above. Financial Information: Amount to be expended: D Finance Dept. Source of Funds: Ci Clerk's Office Le islative Trackin Christina Cuervo, Assistant City Manager Kent O. Bonde, Redevelo ment A enc AGENDA ITEM C. 7 E DATE q-ILf -Or CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.d.miami-beach.fl.us ~ To: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: April 14, 2004 Jorge M. Gonzalez j.~ City Manager U,. U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING THE RENEWAL TERM OF THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH GARDEN CONSERVANCY, INC., FOR THE MANAGEMENT AND OPERATION OF THE MIAMI BEACH BOTANICAL GARDEN; SAID TERM BEING FOR A PERIOD OF TWO (2) YEARS; IN LIGHT OF THE ANTICIPATED CONSTRUCTION AT THE BOTANICAL GARDEN, PURSUANT TO THE CITY'S CAPITAL IMPROVEMENT PROGRAM AND ADDITIONALLY, PROVIDING FOR WAIVING, BY 5nTHS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER IN THE BEST INTEREST OF THE CITY, TO PROVIDE FOR ONE (1) ADDITIONAL RENEWAL TERM YEAR; FOR A TOTAL RENEWAL PERIOD OF THREE (3) YEARS, COMMENCING ON JUNE 20, 2004 AND ENDING ON JUNE 22,2007. ADMINISTRATION RECOMMENDATION From: Subject: Refer the Item. ANALYSIS On July 7, 1999, the City Commission authorized the execution of a Concession Agreement with the Miami Beach Garden Conservancy, Inc., which permitted the Conservancy use of the area known as the Welcome Center, including the gift shop and the orchidariums. The Miami Beach Conservancy's purpose is to provide volunteer public information and horticultural, educational and conservational services and support the capital improvements, programming and building/grounds maintenance needs at the City of Miami Beach Botanical Garden. At the January 10,2001 Commission meeting a discussion regarding the Miami Beach Garden Conservancy, Inc., was held. A motion was made and approved to appropriate up to $7,000 per month, for up to 3 months, to reimburse the Conservancy, based on actual expenses, until an Agreement could be developed. . . On April 18, 2001, the Mayor and Members of the City Commission approved a Management Agreement with the Miami Beach Garden Conservancy, Inc., and authorized the monthly payments of $7,000 to continue until such time that an operating budget was approved. The Agreement provides for, but is not limited to, the following: . The initial term of the Agreement was for three (3) years, commencing on July 1, 2001. At the expiration of the initial term, provided the Conservancy is in good standing, the City may, at its sole discretion, renew and extend this Agreement for an additional two (2) year option. The initial term is set to expire on June 20, 2004. In the event the City determines not to extend the Agreement, it shall notify the Conservancy in writing, no less than sixty (60) days prior to the end of the initial term. · The Miami Beach Garden Conservancy, Inc., shall have primary use and sole occupation of the Botanical Garden premises. · The Conservancy shall prepare and present a budget by May 1 of each year for the following fiscal year. The proposed, detailed line item annual operating budget for the Botanical Garden, shall be reviewed by the City Manager and/ or his designee, and submitted to, 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; statement of projected income sources; and application of funds. . 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 responsibility for maintaining the grounds and horticulture of the Botanical Garden to minimum standards established by the City. The City shall continue to have sole responsibility for the maintenance and repair of all facilities and utilities infrastructure equipment on the Premises. . Accompanying the Conservancy's proposed annual budget shall be the Botanical Garden Programmatic Plan for the next fiscal year, detailing the activities planned and the number of residents and visitors anticipated to be impacted. . 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 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 Conservancy shall have the exclusive right to allow, permit, rent or otherwise book any and all areas of the Botanical Garden, for the purpose of . .' allowing individuals and/ or organizations to utilize the Garden for special events, receptions, community meetings and 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. The Conservancy shall provide a monthly written report of the events scheduled in and pertaining to the Garden and, with each such report on activities which actually occurred and the number of persons participating in those activities during the previous month. · The Conservancy shall provide all insurances deemed necessary by the City and indemnify, hold harmless and defend the City, its agents, servants and employees from any claim, demand or cause of action 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. Since taking over the operations ofthe Botanical Garden, the Conservancy has initiated public outreach initiatives, educational programming and undertaken capital planning efforts. One of the Conservancy's primary goals is to achieve accreditation of the facility through the American Association of Museums. To this end, it has been working with the City in defining the scope of capital improvements to achieve this goal. The City identified approximately $1.5 Million from the Series 2000 General Obligation Bonds to undertake the improvements. In July, 2003, following an RFQ selection process, EDAW was selected to undertake the planning and design of the facility. It should be noted that pursuant to the terms of the Agreement, the Conservancy has used its best efforts to obtain public/private funding contributions towards the improvements. The Conservancy's Board has pledged to fund $10,000 of the estimated $86,000 design cost. In FY 01/02, the City appropriated $200,500 towards the operation of the Garden Center. Of this amount, only $160,400 was expended. As such and due to the City's budgetary constraints over the last two years, the City's contribution was reduced by 25 percent in FY 02/03 for a total of $160,500 and an additional 5 five percent in FY 03/04 for a total of $152,475. ar en onservancv u tie s FY 01~g2 r,y 02/03 FY 03/04 FY 04/05 Source: (Actual Actual) (Adooted) (Prooosed) CMB Contribution $160,400N $160,500 $152,475 $152,475 Donations/Contributions 91,503 59,923 24,000 26 000 Fund Raisina/Proarammina - 0 - 919 47,090 47,090 Grants -0- 28,638 16,345 22,000 Membershio 8,296 9,124 22,000 22,000 Rentals 25,456 47,718 60 000 60,000 Gift Shoo & Other Sales 13585 1,868 2,000 2,000 Events & Other Income 22,253 37,153 - 0 - -0- Total Revenues $321,493 $345,843 $323,910 $331,565 Total Exoenses $326 953 $314,227 $323,910 $331,565 ProfitlLossl: 1$ 5,460) $ 31,616 $ - $ - G d C B d t Note: (*) Actual amount of the City's appropriation in FY 01/02 was $200,500 of which $160,400 was expended. The Conservancy's budget for the current fiscal year (FY 03/04) calls for $323,910 in income, of which the City's contribution comprises 47 percent. The remaining balance . '. is comprised of a combination of sources: including donations, fund raising events, grants, membership programs, rental revenue, gift shop and other sales. Total expenses were estimated at $323,910 for the year. Based on its budget proposal for FY 04/05, the Conservancy is not expected to increase its budget request from the amount that was appropriated in FY 03/04. Revenues and expenses are projected to increase by approximately 2.4 percent respectively. Copies of the proposed budgets by quarter for FY 03/04 and FY 04/05 (as submitted by the Garden Conservancy) are attached. Separately, the Conservancy has submitted a report addressing its accomplishments and initiatives in response to the scope set forth in the Management Agreement, relative to maintenance, operations, fund raising, attendance, grant funding and rental use. A copy of this report is included with this memorandum. On April 6, 2004, the Finance and Citywide Projects Committee recommended unanimously to renew the Management Agreement with the Conservancy for the two- year period, as provided for in Section 2 of the Management Agreement. Barbara Knaub, the Conservancy's Chairperson, requested that the Committee consider renewing the Agreement for a period of three years, specifically to accommodate the Conservancy's efforts in achieving accreditation for the facility. The process is estimated to take two-and-a-half years. Additionally, Ronnie Singer of the CIP Office, informed the Committee that by extending the Agreement for a three-year period, the Conservancy would be able to remain involved throughout the planning and construction of the proposed improvements to the Facility, as discussed earlier in this memorandum. Commissioner Smith inquired about the Conservancy's fund raising efforts. Barbara Knaub informed the Committee that without a project design in hand, fund raising has been difficult. In FY 03/04, the Conservancy is only projecting to receive $16,000 in grant funds. Once conceptual plans are approved for the renovations of the facility, the Conservancy will be in a better position to pursue grants and other sources of funding. Pursuant to a determination by Raul Aguila, the Committee voted unanimously to recommend waiving by 5/7ths vote, the competitive bidding requirements, providing for one (1) additional year, thereby extending the renewal term for a period of three (3) years, as requested by the Conservancy. JMG/CMC:KOB Attachments T:\AGENDA\2004\APRll14\CONSENnConservancy_ Clr.doc ~ I II (,)::ai 1ii '5e Ill; fa .... e .1 :I!! ~8 ~~ !- 8 8 8 8 8 8 I~ 8 &ri ~ ~ &ri ~ ~ 0 ,... ~ ..... ~ C>> ~ ~ ,... U) N i I~ cri ~ .... tt ~ .... fI) ... fI) 8 8 8 8 8 8 8 ~ .... ~ g g ~ ~ ~ ..... N N ":; '":- ! i ~ It) i .... ... 8 8 8 8 8 8 8 8 cD ~ ~ ~ ~ ~ ~ ~ .... ":: ! i t") ..... It) It) 8 ~ ..... ... .... fI) fI) ..... fI) 8 8 8 8 8 8 8 8 cD ~ g ~ ~ ~ ~ cO .... ..... ~ .... CD i ~ It) It) ... 0 ~ ... .... ,.... ... fI) 8 8 8 8 8 8 8 8 cD ~ ~ g ~ ~ i p) .... ~ .... a i & ~ It) l .... fI) ~ I I. i~ II 8, ~~ I~ 8~ ~~ ~ ~ ~ i~ a' 1i~ pcs ..- o~ :a ~ Ill) j! ! .- 2' Q. i I :I~:!i ~~J() I I _~!(t).!-c!.& 8 ;g5~ii.~1 oou.C):E~:E... 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ a ~ 0 .,... ,.... (7) 0 C') ~ .,... i :5 ~ tt tt 0 i i 0 0 ri .... .,... ~ ~ .... ;;- a ... ... .... ... ... 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ~ g g &ri g en g ~ ~ g g ~ ~ g i N CD ~ C'! OJ ":; N "": tt C') .... a 11) ~ .... tt ~ .,... ... ... ~ ... ,... ... 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ~ g g ~ ~ lii g ~ I ~ 8 ~ ~ ~ ~ ~ C'! ":; ~ "": .,... tt ~ .... It; t") ! ~ ... 0 .... ~ ~ 0 ~ ... ... .... ... ..... fI) ... _ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 g g ~ ~ ,..: g i ~ g g ~ ~ g ~ CD ~ ~ C'! ~ C'l "": ~ ~ ..... = ~ ! ~ ... .... ~ N N _ ... ... ,... .,. 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ~ g g ~ g lii g ~ i ~ g ~ ~ g ~ ~ C'l ":: ~ "": ~ ~ .... 11) 11) ~ ... 0 .... ~ ~ l ... .... ~ ..... ... ... .,. CD CD- ~ -i 5 01 ~ o~!~ 0_ c c "-as w 'S l 8i iC/)~ ~ :i ~ i"E~""~!ECD i s i.~jl~ II~li!1 illil ~-aJ!-oEi'l.- Lri u.l ~i~3 ~~8 ~.~~ .~_~.D 8 ~ ~ ~ 5 i ) ~ ! ~ i I i oil ~<u.:I:.5a.Q.c(wu.c)::::E~O'" ~ ~ lIt_ :5& 0"811) illl8 ., 1 S ~lItS .c: 8. COol i( III '" e .! :I ~~ u.o ~l 1-1'\1 0 8 0 8 <:J 8 0 0 ~ ~ ~ 0 0 It) g ~ 0 8 g g ~ r-- 0 ":'; ~ 0 0 q ~ 0 ~ co. ~ N N 0 I~ ..... N N N ~ (W) ..... tit tit tit (W) tit tit ~ 0 8 0 ~ 8 8 0 0 0 0 ..... g 0 0 ~ ~ 0 ..... N tit tit 0 ('II ..... It) It) ~ ~ ~ ~ It) tit ~ ..... tit tit 8 8 8 0 8 0 8 0 0 0 0 ex) g to g g ~ 0 ~ ..... J] 0 co "':;' ~ ~ It) 10 ..... CD ~ (W) ..... to to tit g (W) ('II ..... tit ..... tit tit tit tit ..... tit 0 8 0 8 8 8 8 0 0 0 0 ex) ~ ci 0 g 0 ~ ex) ..... tit tit g ..... "':;' It) co ~ co to It) tit Il'i tit tit ..... ~ tit tit a 8 8 8 8 8 8 8 CD g to ~ 0 ~ c;j ~ ..... ~ 0 ~ co ~ 10 ~ ..... CD ~ (W) ..... It) It) tit ci (W) ('II ..... tit ..... 0 tit tit tit tit ..... tit .. II) at 0 .~ ::s Ci> A' II) .ce i~ .. II) at e ~~ a.;, 'E~ C")~ .. II) at e i~ ::I , all) ~e c ~ No ~ ~ 1:: - ca N ::I - A' -S -i:) - I c: o :w ::J .0 ~ o () en -6 c ca . . > . m W ::J 'E .~ .9- ~ en I call)lI) .s::..o ~6'ii ~0::1U~ _.-0:: UJ ._00_ Oai'Oc.oca .- >'C:c:cuec~S ~ O::J 0.;.. ..- 0 uou.C>:EO:::E1- 0 0 8 0 8 8 0 8 8 8 8 0 0 0 0 0 0 0 0 0 0 g ci ~ c;j g g ci g 0 c;j to g 0 lri 0 0 0 0 0 m 0 ~ ~ ~ "1 "'::: g ..... ('II ~ q ~ ~ ('II 10 It) ~ co 0 m N ('II 0 ~ 0 0 ...- ..... ..... tit tit m tit tit tit ('II ..... ..... ('I) tit tit ..... tit tit tit ('I) tit (;lit 0 0 8 0 0 0 8 8 0 8 8 8 a 0 0 0 0 0 0 0 0 to 0 g ~ 0 ~ It) g c;j c;j 0 g ~ ci N 10 tit r-- It) tit It) 10 ..... ~ ('II ~ It) It) r-- It) r--. (W) (W) ..... ci r-- ~ tit tit ....: N N an tit tit tit ..... ~ tit tit tit r--. tit (;lit 0 8 8 8 8 0 8 8 8 0 0 0 0 8 0 0 0 0 0 0 to g ci ~ c;j ~ to ci c;j ~ g 0 ~ g N 10 It) r-- :8 :8 ~ ":; r-- N ~ ('II r-- co (W) ~ ....: ex) (W) r-- ('II tit tit 0 ..... ~ C'J f8 tit tit tit tit tit ~ tit ..... tit tit tit ~ 8 0 0 8 8 0 8 0 8 0 8 0 a 0 0 0 0 0 0 0 0 to 0 g c;j g ci to g c;j c;j c;j 0 8 c;j ('II It) 0 0 r-- It) ~ It) ~ 0 ..... r-- ~ 0 ~ It) <:'! It) It) r-- 10 CD (W) (W) ..... 0) (\') r--. ~ ~ tit ..... ('II N ,..: tit tit ~ ~ tit ~ ~ tit tit r-- ~ 0 8 8 8 8 0 8 0 8 0 a 8 0 0 0 0 0 0 ~ 0 t.ri 0 0 c;j 0 c;j uS g g ~ It) ~ 0 to N 10 10 0 ~ 0 r-- ..... 0 ..... ..... ~ "! ~ 10 C'1 ~ 10 r-- It) N (W) (W) ..... 10 r-- ~ tit 0 ..... ('II ~ .... tit tit tit ..... ~ ..... ~ tit m ~ ~ ~ I . . UJ 01 ~ i~ .[ S.8 j 91 8 ~ j g j ~~ II/J !c: E -.c: 91 ~ cu c: .- .... cu o C:'-=!JQJ 0.;.> c:. ~~~~~ = ~ili!!!~ i ~caca"'.(,)~"'c:enQ.O Q. :w -= ::::t .3 0 II/J.... 01 0 'Gj )( c: aD c: UJ - c: '-' 0 .- a:: w .- '-~::l -cu"'- -- 8::l 'C:e- ;:.2 l! e c: Q.. 5 '0 C ~ S iii o't:::l>.OUJ::lC:ca-'::C:.o;I -ocaoencu.s::t:'O::l"'CU.O <(<(u.::L.EQ..a.<(wu.C>:Ea::~ ,.! I. 1 \. ! ,.>." . . . \ \... ~ ~:: 2 6 , \.; I i ~.. CITY/GARDEN CONTRACT REVIEW Friday, April 2, 2004 The Miami Beach Garden Conservancy welcomes the opportunity to present this report that addresses our accomplishments and initiatives in response to the scope outlined in the Management Agreement between the City of Miami Beach and our organization, relative to maintenance, operations, fund raising, attendance, grant funding and rental use. In our public/private partnership, the City currently contributes 47% ($152,475) of the Garden's annual 41come. The remaining operational funds, $180,000, are raised by the Conservancy through donations, events, memberships, grants, and rentals. All Conservancy fundraising strategies seek to adhere to the following primary goals and priorities, previously listed as Section 4. . Serve as stewards of a greeil oasis located in the heart of Miami Beach . Provide free public access to an attractive Botanical Garden . Create environmental and ecological education programs for children and adults . Promote the expansion of green space, tree canopy, beautification, and ecological improvement of our City . Serve. as a unique venue for visual and performing arts . Offer a desirable location for special events, receptions and community meetings . Serve as a tourist destination with an ever-exp9nding environmental and educational component . Work in a public/private partnership with the City to dl.Welop capital pIanninS efforts relating to the GardenlFacility redesign In addition to the above, the Con8ervancy'S long-term goal is to achieve accreditation for the Garden from the American Association of Museums. Ifaccepted, we would be one of the smallest accredited Botanical Gardens in the nation. Wrth completion of a project such as this, the City of Miami Beach will continue to serve as a model for inner-city development, increase public environmental awareness, and plant a seed that can grow into a better quality oflife for all. Please review our analysis pertaining to the following Sections of the current agreement and requests for changes in the upcoming new agreement. Seetion 5.2 ~ Boan of Operatioa Currently, the Garden is open 9AM to 5PM Tuesday through Sunday, with free admission to the public. A letter is on file regarding our current policy of being closed on Monday. At this time, we would like to continue this policy. :1.000 CONVENTION CENTER DRIVE. MIAMI BEACH, Fl 33139 TEL:30S.673.71S6 FAX:30S.S3S.8083 Section 6 - Base RentJRevenlle from Botanical Garden Related ActivitieslFinancial Records and Reports. - (See attached cheek) 6.1 A sum of$3 is due and payable from the Conservancy to the City as our base rental for prior three-year term. 6.2. The Conservancy over the past three years has conducted business on the premises, including event rentals, gift shop sales, plant sales, classes and tours, all of which are consistent with the customary operation and management of a public botanical garden and consistent with Section 4. No new types of business have been initiated without prior approval of the City Manager's office. 6.3. Financial Records and Reports The Conservancy has maintained true, accurate and complete records and accounts of all receipts and expenses related to the operation of the facility and garden. A certified public accountant employed by the Conservancy has provided a written annual financial statement of these activities to the City, certified as true and accurate. Through oversight on our part, a monthly report of receipts and expenditures with a comparison to the stated budget and projection for the balance of the budget period has not been provided. It is our request that this stipulation be amended to state that this infurmation be provided on a quarterly basis instead which coincides with our current accounting and business planning practices. Section 7 - Bndget and Funding for the Botanical Garden 7.1 An annual fiscal year operating budget for the Botanical Garden has been consistently provided in a timely man\'1P.l'. 7.2 Programmatic PIan. It is our intention to continue to provide the Botanical Garden's annual programmatic pIan as an accompaniment tQ the budget infurmation due on May 1. Section 9 - Alterations, Maintenance, and Repairs- (See attached ee) Attached for your review is a copy of our current umdscape Maintenance Agreement with Valeriano Gardening Service listing regular maintenance responsibilities. Under Section 9, we would like to maintain the current contract stipulations and respectfully request the City's consideration of providing to the Garden through the Parks and Recreation Department some or all of the following items: . Mulch . Sod and soil . Partnership in purchasing plants through the City's bulk purcbase agreement . Use ofa small truck or van as part of the City's tIeet arrangements . High-top tree trimming for hurricane season preparation . Regularly scheduled streetscape cleaning oftrasb and litter by the South Beach Service Team on Convention Center Drive, 19111 Street and the Garden/Holocaust Memorial parking lot 1000 CONVENTION CENTER DRIVE, MIAMI BEACH. fL 3313' TEL:30,.673.71S6 fAX:30'.'3S.8083 Section 10 - Use of Premises for Special EventslReceptions/Community Meetings, and Generally -(See attached cc) 10.1 See attachment of Garden' s rental package. The Conservancy requests the right to adjust rental fees and upgrade rental package in accordance with market studies and current competitive rental fees. At the time of any such change, we will provide the City with an updated rental package and price list. The Conservancy intends to continue the practice of meeting all insurance certificate requirements as directed by the City. As per our meeting of March 16,2004, the Conservancy agrees to provide a continually updated and on-going report of scheduled events and rentals to the City's Department of Cultural Tourism, and the Parking Department. All commercial activities and events will be undertaken expressly for the purpose of furthering the goals and priorities set forth in Section 4. Sections 11-20 The Conservancy intends to continue to comply with mandates and specifications detailed within these sections and sees no need for change. Section 21 - Insurance Requirements - (See attached cc) A copy of our insurance policies is provided for your review, which we believe, is in accordance with our obligations. Section 22 - Indemnification The Conservancy works hand in hand with the City's Office of Risk Management to indemnify, hold harmless and defend the City, its agents, servants and employees from any claims or actions. Sections 23-30 The Conservancy intends to continue to comply with mandates and specifications detailed within these sections.and sees no need for change. Respectfully submitted by: The Board of Directors and the Conservancy Executive Committee: For questions and additional information, please contact: Barbara Knaub, Facility Chairman 305-535-2398, e-mail knaubb100@aol.com Laura Jamieson, Executive Director 305-673-7256 Ext. 206, e-maillajamieson@aol.com :LOOO CONVENTION CENTER DRIVE, MIAMI BEACH, FL 33139 TEL:30j.673.7:Lj6 FAX:305.535.8083 .-' Landscape Maintenance Agreement Company: Valeriano Gardening Services Inc. 928 NW 31 Avenue Miami, Florida 33125 Schedule: Valeriano Gardening Services will be~ providing service at Miami Beach Botanical Garden on December 9,2003. Maintenance will be bi-weekly December-April, and weekly May-November, for a total of38 visits per year. Visits are scheduled for Tuesdays @8:00 am - 3:00 pm. Payment: The rate for each visit is $480.00. Payment will be made monthly upon submission of an invoice. ResponsibUities: Regular maintenance (each visit unless otherwise noted): lawn cutting and edging shrub trimming (as needed) pruning of dead palm leaves weed control, hand plant litter removal turf fertilizing (4 times per year) Occasional work.: trash litter pickup outside fence tree limb removal for date: / zjo~/o3 Accepted: MIAMI BEACH GARDEN CONSERVANCY 2004 RENTAL RATES Area Description Includes Four Hour Additional Rental Hourly Rate Butterfly Room Size 18'x35 One Table $150.00 $75.00 24 chairs BanyaRoom Size 30'x50' 12 Tables $600.00 $100.00 100 Chairs Great Lawn Open Space Accommodates 600 $1,400.00 $150.00 Japanese Garden Open Space $450.00 $75.00 Accommodates 200 Palm Grove Open Space Accommodates 200 $450.00 $75.00 In addition 7% sales tax will be added on to all rental. A staffing charge $20 per hour & $100 Janiti itorial Fee Insurance will be quote base on Liquor served and Spectators. JAN-IN004 01 :02PM FROM-HE AD-BECKHAM AY:RINSURANCE 3057144401 t~"......... <: ""0 ". . ~ . . tc:!'...;.. .'." . ", . l~uI~.'G'mup .': . 'to'..... .. . .. ~ . . ":'.~ loC. I...; :' ',' .... . .; " .; '. N06 P.OOl F-309 FAX' rRANSMIlTAL SHEET DJ TE: January 14.2004 TC : Laura Jamison C< MPANY: Miatni Beach Botanica Gardeus FAX: 30$-535-8083 RE : Summary oflnsurance Fli OM: Lourdes peraza 305-7 4-4487 HBA Insurance Grol.: ) 2500 NW 79Th AvenI :e Suite #101 Miami, Florida 3312: , Phone (305) 7l4-47~ 7 Fax (305) 714-4401 . c.YJ Nt mber of Pages Including Cover: I If. ou do DOt JeceiVll the ~ cIac1mI.m1. or it i: IU~. please c:.n the TdepbaoellllDlbcr shown abcm!. ~ NF1D.BNTIJ\LlTY NOTE: The iJlfO!Dllltion :ontllined in thi$ f~",IJ.. DICSStIlle is 1qpIIly privikged aQd ~d""';Al 8lI4 is int :n4ed only for 1l1e use oftbe iJulividual or ell iIy ~ above. If' 1hc: reader of1his ~ is not tile mtrntWI =ipiem, you ItC hs'eby notified lhat IlnY -!js-mnAtiolI,. disIr bulion or c;opy of this facsimile is snictly probibi1l!d If'yoIlhaYe receiv,ld d1ls fac dmiIe in crrot. please immedlarely notitY us ry telephone and relum the originllllllCSSllgC to us 811111l address above via th; Ur .Tl:dSta1ll:iPosWServWc. 'IbankYou. R !marks: Per your conversation VI ith lulia Wade, following please find schedule ofinswance m d dec pages of existing policies. A so please nOte we need the copy I fthe Diaphragm of the grounds as soon as possible. SJ :auld you have any questions, pie .se feel free to give me a call. T IllIlks F~HEAD-BECKHAM AMERINSURANCE 305714<<01 NOS P.002/008 F-30H ~~:I:~~~Ti~:- HBA Insurance Group 2600 NW 79th Ave. Suite 101 Miami, FL 33122 JAN-14-2004 01:02PM ;.. JE\ Ct'!f """'i.~,.,~=-,,%,..,.: <... ........:~ ':""~ "'-_......~. -... '{::.. \ . \:~{~ ....~.}M..~k~~.~'" .~.:' t..... --~~:-i: For: " lam! Beach Botanical Gardens JI, Iami Bch Conservancy Inc. DBA 2 JOO Convention Center Drive " lami Beach, FL 31139 305-673-7266 ~ ';~~:""K~~~:2:~.~~Z;~:f~~4~~~~ General Liall ility (Continued) FEET -Flat C 1atge $'. , 00 c.. Code: 41668 P~Ba"': <4SO (A) AREA -I 'ER 1,OOOfSQ FT Gift SI'Iop-No t for PnlftI CliIM COde: ,3StJ7 PrwnIum e. al& : 35000 (S) GROSS SALES - PER $1, S 305-714-4400 . ~ .:~. .:"~~:::~:::7:~~~ Crime ZURICH ClCI'OO"aUlI04 05/1 0IC3 CI5f1 0ID4 715.00 ~ DiIhon ~ 50 ,000 DedlIClible 500 BMrl/Qet Fmgery Cll' AJI8raIlll 10,000 DedlJdllle 100 ROlII~ ED ClFP%c:lIRS .as Directors & meers Liability GJ'll8l AmerlcBn /n&lnnI::8 Co unzOlluo f15/(f1/clS 0!W7J04 775.00 LIMITS' F t.tMlILITY AMOUI T OF MTEN'l:ION 1000000 1000 --- Building Lc=a~ion HaItfllnl 1411100"253:100:1 OSI22IlO CIIiI:z2.04 282.00 ----------------------------- .-------------. --------- --------------- -------------------- ~----.- ------- ADIl'l't.CX:: 2000 COfoNEi' rIotf ctN'1'ER DR &usin~s~ P.:sonal Prope~~y 17400 BPP Oedu :cible 500 JAN-1N004 01 :03PM FROM-HEAD-BECKHAM At.l:RINSURANCE 3057144401 N06 P.004/009 HOg -.-.-.------ ~_._.~_. .._.-N~_____ rr'~~~~"'.~.lII!"-'IIIIS1C(~~~.. ~~~.~,W/Ifi~*~.~~ ~:-~~~,~w.wv.o.-.~_~ii}:~~~~;~~. For: r tiami Beach Botanical Gardens HBA Insurance Group r Iiami Bch Conservancy Inc. DBA 2~OO NW 79th Ave. Suite 101 ; 000 Convention Center Drive Miami, FL r Iiaml Beach, FL 33122 3OS-714-4400 ~3139 305-673-7256 ':8~~~~~~~;m~ Commercial Application BURLINGTON INSURANCE GRO 0025 o:2I2.6/C3 C~ 2391.15 Premise 1 Built ng 1 2llOO CONVEN'lION CENTER DFl:IVE MIAMI BEACH 0 FL 33139 Property BURLINGTON INSURANCE GRO 00025 02J26J03 C.?J:!1W4 0.00 Policy Levellnfom lIIfan ~ 1 Building BUS PERS PRC P CoIns '" v.JUlIlion ClIUse fA l.Ms Decl'lCllble Farms # 15,000 80 ACV SPECIAL 1000 WIH EXCL Cluee or LllIS8 X.THEFT General Uab I'lty BURUNGTON INSURANCE GRO 0002$ Q2I26tO.S 02fltW4 0.00 Oc:currence GeneraI.19 . ~ edOper.Aggr. Peraoll" & AM isIng InIury E-*' 0c:I::\mnCc Flr8 DameQe (An I One FInI) Medical ElcpenH (Any One '"-on) 2,000,000 lllI'~ 1,000,000 1,000,000 50,000 &,000 )lfw eav.na-. :.tridIcI.. AndlOr EXCWSlONS; F :)LLUTlON, ASS 0 SILICA DUST. TO}I C SUBSiANCES. aMPLOYMENTPRACTl es. Y21(L1MITAno~: CONTRACTUAL NON-PROFI ~ ORGANIZATION OF MEMBERS C oCCUPYING 450 sau JAN-14-2004 01:03PM FROM-HEAD-BECKHAM AMERINSURANCE 3057144401 T-206 P.0051009 F-309 . . Policy Number 2726000025 ~D If i CompanIBS COMMON POLICY DECLARATIONS RenewllIl of: NEW THE BURLlNC iTON INSURANCE COMPANY Horn. Office: Burlington, North Carolina Adminisll'alille Off; e: 238 Im:ernational Road, Burlington NC 27:!15 Claims Off"'o: 2 sa Imlll'natJonal Road. llurlingtan, NC 27215 ' Item 1. I lamed Insured and Mailing Addres Miami f each Garden Conservancy, II c., .JUb/a: Miami teach Botanieal Gardens ~ 2000 ccnven~ion Center Drive Miami I each FL 13139 Item 2. I 'olley Period ./ Effec::l ve Oilte: 02/26/2003 Expiration Date: 02/26/2004 at 1201 A.M., Standard Time at your mailing Ilddress shown ilbove, CRe Insurance Services, Inc. 7600 Wese Camino Raal Centra SUite 300 Boca Raton CocIe: FL 33433 Item 3. 11 retum fot the payment of the pre l11ium, and subject to all the terms of this policy, we aglee with \ ou to provide the insurance as Ita eel in this policy. - his polley consists of the followll 9 coverage parts for which a premium is indicated. Whero no I remium is shown, there II no ~~: ~A,I.\1j"'item~~ subject to adjustment. Sldplll u... Apl'~."fdrtsI: 7~ W. c..ma~ ec.13lIO Coverage P8111_) ... F1.3U33 Premium )lotpla I ~ COllme: .cial Propen:y l'raQc. A [', I/uIc: V": 512.00 COmme:'c1al General Liabilit:y l'rocI"a'''paf's . '-Lt..7='(.... J~ 1,570.00 TaI11 1 ~l1Ii_ ('..;U>.., Tu: /J'\~.~C$ . :: Po,. .~..~:ii:~~$ Tobl Pol cy Premium or Deposit Premium $ 2,082.00 . 113.35 ofc FIloII1G ($35) FEES $ 185.00 . 6.80 $ 4.00 Total Other Charges Total AmDun1 Due $ $ 309.15 2,391-15 Other Cl arges lif applicablel Prem urn is: 0 Flat III AdjUSUlble Policy Minimum Premium In the e\ ent you canc:el this polley, we will retain $520.5Q Item 4. I 'arms and Endorsements applicabl. to this policy: See .Usting of F wms and El'lcJarsements" (IFG-I-0150) Item 6. I arm of Business. 0 Individual 0 Pilrtnershlp 0 Joint Venture o Umited Uab ity Company (jI Other Organizetlon, including a Corporation $ 2,082.00 ~LSO Confinnadon Number: Businesl Description: Non pr )fit Gift: St:Qre/Office '0 A\ 11\ ;> ~ ~9.c0.. THESE IIECLARATIONS TOGETHER WITH THE COMMON POUCY CONDITIONS AND COVERAGE FORM(S AND At. Y ENDORSEMENT(SI. COMPLETE THE ABOVE NUMBERED POUCY. Counter lignecJ: A...... " ~ ~ JAN-14-Z004 01:03PM FROM-HEAD-BECKHAM AMERINSURANCE 3057144401 1-206 P. 0061009 F-309. INSORE!l IWIB 1 tal ADnlU!SS MIAMI 8EJ CH GARDEN CONSER~ IRe DBA M:J:AK: BEACH BOTONXCAL ENS 2000 CONI mrr:rON CENTER DR. . H3:AKI BEJ CH, n. 33139 / i'OLICY '1'iRM 4 '25/2003 ;p5' 4/25/2004 V AT 12.01 A.M. (E~) CITUENS POLICY NO. 1034851 m m1W1IlATt IW'.lMT.ant d).:u; TIm IS YOUR POLICY DECLARATION PAGE - This is not a DOl PAGE 'an'" I~ U~\..l,J\l<J\l1U~ r^ tun rVI ...., rl\.VY~lV~" -rl\Al ! I>!'L1!:,,,,I.NA.>r,,.t:,,, 1~,lr NIIX D~UU} IV l'IJKM \ PART llfEREOF. COMPLETE ElOW ruMBERED CIllZENS PROPEJl.1Y INSUl 'CORPORA110N POLle,. CITIZENS PROPER'! ~ INS'l RANCE CORPORATION, WTh.u ONLY POLICY 1071lb eval R..4 . Suite SOOt Jael:sonville, Plorlda ml~ __ <"em ;~. _..Y~ 4,p.:t'~ !s J .~~ BOSI~~SS <'~J' ):.~:-.-::'*~-::~~..:a~ .::))..))::x.X('o)X.;.):::':'~..::::ll":::.'..."'~~((':.);;f~((':"<-::(. ~..-,,:'.....:r ~s. . '~f~~f.:st~>k:::$~~~~~~~).~::~~~=?"i~~~~ll~~~'~~~~"~)~~~::::~~~~lI. .... .,..,....(3:-:-.-:(<<."f)~-:-:>>:.:-:-...(Q(~-:.:;.>>:~)"w:.:.:s.".:..~'(o......;:-.:.)) (,:,:"<<.:.~.:..:.:.~(Ee:~;...:.:~;:..(iC;......:" ....,..=t 1 o 15,000 /" .. $ 1,000,'/ SJ!:K! w:nm RESISTIVE '1'-30 , / , , , BO 39 CON'! EN'l'S OF AN OFFICE XN A TWO STOR.Y BWG J..OC: 200C CONVENTION CEm'ER DR HI>> I BEACH, DADE PL 33139-1806 P - I ~D~~=~": Subjece t:o Fo:m (II) : (XT CP2 CZ'1'-W06 4cr~/LO. I Pil,yee: Tu-Exe ~ Sut 4.00 orl.a HurrIcane cat dR. S _DO a.,n5/cat rllancllg s _00 [0 lOT AY IhIIDCtlH l'UIIIUK 204.00 39.00 \gent: J Payor. . XNSURED HIU 0 -llRCmAM 05.4,8 J MaRnTSURANCE INC JAN-14-2004 01:03PM FROM-HEAD-BECKHAM AMERINSURANCE 3057144401 1-206 POLXCY' #; P.001/D09 F-309 1416(1042532003 :.tioll,.1 r''kX.d Se. 'jc"" ',0. .Box ~57 N ispen.!>IT 59903-2057 '0 report" claiOl call: J-~O- 759-8656 d FLOOJ) POUCY DECLARATIONS N~ PoLic:;r '1'YPE: GENEaU. P01.:tCY PER: 00; 5/22/2003 to 5/2212004 These Declarations are effective as of: 5/22/2003 at 12:)1 AM PRODUCER ~ um " ADDRESS 1.,11" ,II", 11""11,1.1..11"11,, 11111.1.1111.11,',1, ,I, I, IWStJRE1) IU\IIE!: " ADDRESS PaoDUCERt. 04500-21221-533 H :s A [NSURANCE GROUP PO BOX 5 !3515 MIAMI, F. 33152'3615 .-;: rLe }fAR ') l . ~.. lOO] MIAMI BEACH CONSERVllNCY, mc DBA MIAMI BOl BOTANICAl. G:~N:1 2 000 CONVEN'l'ION CDl'l'EJt tlR MIAMI B~etI. FL 33139,180,. POLICY :II rPORMA'l'I:ON PREMlDK PAYOR: Insured COMMDNITY ntm KIAKJ: BEACH. CIon' Of' COJIMONl:'l'Y IIOMBE:R 1206510192J ::INSURED PROP~ ADDR1tSS 2000 C >NVBN'1'IOllt CJtN'rE1l. :DR MIAMI lEACH, 1L 33139-1806 POLICY '1'ERN: On., Yuu- atnLDDIl; DESClUPrIOlf Non-ae .:I.4eAt:l.al One 1"1 lOr No Bas .ment Cove1Oaljle L .II\:l.eat:l.ons Hay Apply, Refer to you%" St m4uCl Flood Insuranee Policy for details. v.Jl\I',rJ:4l'S LOCATl 011 Lowe.t P100r On1.. Above Ground Level . PROGRAK R~ll!l' COVERAGE & RATING llIIFORMATION autLDntG FLOOD ZOIIE AE OOJIS'l'RDctXOIIf Pr.-P:l.:RIl ermsmc:d= CON':rD1TS I'R1!!UtIK PAID Rates. 'tRIA N/A N/A ~aqe: De4uC:l::l.bl,: $17,400 $500 Premium sub~oeal. previous Premium subtotal. ICC PremiUIII: CRS Disc:oune. Exp....se Conseane: Federal. Po1ioy Fee: EndorsIIIIl4ll\e Amount: Toea1 PremiUIII' ,:<96.00 ,~96.00 ,.00 $.44 .00 ..00 UO-OO $.00 c:a2.00 Cove,.,..... ; I>eCluc:t1bl. ': Rates: ..620/ .430 IRST MORTG lGBB 2ND MOR'l'GAGEB This D.cl.r.~lons P6ge. In conjune Ion with tne poliCy, constitutes yo~r Flooo Ins~ranc. PolIcy. IN WITNESS W"EREOF. "'. n~ Signed t is poliCY Delo11 and nereDI enter Into tnis Ins~..nc.. Agreemen'.._ JAN-I4-Z004 01 :03PM FRCU-IEAD-BECKHAM At.ERINSURANCE 3057144401 T-206 P,ODB/009 F-309 --' -- - PRODUClR.c~; /~" ~'I' ~Pt?; ". '. "iilIm III a @n6\ID IIMl!X! M.OIl'.f.1DalD 1I'lJ'~3'I. 7 ~ GRR\.'I4MBRICAN DEdAMnONS fOR NoN-PRofir ORqANbAliON ExEcurivE PROTEcQOlll ANd EMp~ PRAaias llAbilily INSU~CE PoIier' INIUIRANCE COMPANIES 580 W.ALJI. ur STREET, CINCINNATI, omc 45202 IasI1I'IIII:O is . bdecl by die CGIIIpIllIy indiaded below; (E 1Ch. capital stac:t corporariClll) mI Gte. t American l'DsuIance C-,-y 0 A8ricultun1 burance CmapllIIy o .Amo rkIn NaIiOJIlIl Fin: IDsunmI:e Compqy C 0tbcI- PoJi "I N1IIIIbcr: EPP32067SO Policy FllIDllolumber: 1>9100 Item 1. Name otOrpalzadaa: MIAMIBEACH' B ITANICAL GARDENS . , MaiJi II A.ddresr. 2000 00NVEN'I'k N CENlER. DRIVE / City, .:we, Zip Code: MIAMI BEACH. F .331311 'vl AtlD: DONNA 0HIGGn S Ircm2. P6) Period: FIOIIl a'l:~ 1<<11") L'To A;;"I2ff:,;; (Bodl dares at 12.111 a.a ~ Till :.Ibe lIddn:ss oCtile arp......... as IWcd iDJr.em I) !tan 3. '~S'''''I' rCOO~7' .. ~ Limit of ..iabiJity far Each l'GIky Year btm4. ~ ClIl: S 1.100 I EdClaia Item S. I'rcmil DC / S 711 1taIl6. EDcIar. IlIDelds AUIdIed: J)97( :J (I) D971l :l98OO-1 D9876 JImJ, 7. Notioe.: All notices requirol ro be Ii-to the 1iu U'eI' UDCIcr tlIis PoIil:y abBll be UIraeod 10: GtwII~ buIIranct1 Q wptIIIia ~~DiNion P.O. S. 6494J C7t1ClJIO. IIIittoU 60666 btm 8. IJlIIiIII ~Dete: 05J0711999 11Illse Dec:JaIa :lIIS aIoGg with the ~ed IIIId siped Pr pasaI 10m and Noa-l'JoIit Oq/oIl....liClIl ExecutIve ~ IIId EmJdo)'alClU Prectices Liabil 1)' IDsunmce Policy. an ClODStiture the t:ClI\ llICt between the WlIRcIs ad 1be Ja_r. JAN-14-ZD04 01 :04PM FROIof-HEAD-SECKHAM At.l:RINSURANCE 305714<<01 T-Z06 P.009/009 F-309 Tt1I!: U&W Cgmpanles CuMME ~CIAL CRIME POLICY DECLARATIONS Adm! Ililm.tive Office 1400 llome1can Lane SCIlallmbl. 1'9. IL 60196 1. Empto1 Ie Theft 2. Forger: Or Alteration 3. Inside' be PremiSC$ - Theft of Money and Se :uritiea 4. lnslc:I.l he Premises - Robbery Or Safe BurgIaJ f Of Other Property 5. Outslch The Premises 6. Compu .r Fraud 7. Funds' 'ransfer Fraud 8. Money )rders And Counblrfelt Paper Cu""n. y If Added B) Endorsement, Insuring AQreemen1(s} This policy llsued by: 181 Fidelity and Deposit C. mpanyof M3/)'Iand o Colonial American CiIl Jalty and Surety Company (a stock Ins lranee company) Named Inst; 'ed and Mailing Address Producer Name and Address: MA.., Mieml aea( h Garden conservanCY7lnc. ba Head-Beckham Insuran AQeiftlV,I~. Miami Sea:h Botanlcar Gardens 2500 NW79'" Avenue. . . .. (f l/u.. 2000 Convt ntlon Center Drive ~ P. O. Box 523615 ....,., Miami Bea( h, FL 33139 Miami, FL 33152 PoIiev Perla I; From 0511012003 to I 511012004 lit 12:01 A.M, S1andard Tlll1e lit vour maRina a411reil! :!!!.2!l!n above, IN RETURN FOR THE PAYMENT OF THE PREMlllII. AND SUBJECT TO ALL THE TERMS AND CONDITIONS or THIS POLICY. we AGREE WITH YOU TO PROVIDE THE INSURII -.ICE AS STATED IN THIS POLICY. INSURING AGREEMENTS. LIMITS OF INSUR >.NCE AND DEDUCTIBLE ~.' UMITOFINSU CE DEDUCTIBLE AMOUNT INSURING AGREEMENTS Per Occu Per Cccurrence $ 50.000.00-/....-.' " $ 500.00 " 500.000.00: 'f...,. 500.00 Not Covered .. Not Covered Not Covered Not CowNd Not eo-.d Not Collel'ed Policy No. c;.CP 0042836 04 .' " $ S If -Not Cove -ed" Is Inserted above):1te any sp lCified Insuring Agreement. sudJ Insuring Agreement and any other reference thereto in thi , poncy Is deleted. .PoOcv Pren illl'l'lls ll8Yable: S 715.00 at i~' on: $ 1st Anniversary: S 2nd Anniversary -Includes Ta ces and/or Surcharges ENDORSEII ENTS FORMING PART OF THIS POLIo :v WHEN ISSUED: CR 00 22 07 02 CR 25 08 03 00 CR 25 1 ) 03 00 CR 02 06 07 02 Z-I,3.A.S IJ..GU-~A 1102 CANCELLA" ION OF PRIOR INSURANCE ISSUED I ;Y US: By acceprance of Ihis Policy you give us notice cancellng prior policy or bond Nos. C :P 0042836 03 the cancellat on to be effective at the time this Policy JeCOme5 effective. COUNTERS GNED: By: (Date) AuIhofIzed Representative IN WIT -lESS WHEREOF the Company ha caused this policy to be sIgned by Its president and sec-eta:y but this policy shall not be valid unless completed by he attachment tlereto of a declarations page countersigned by a duly authorized epresentative of the Company. Attest .~~- By - Secreral)' P1fIsident