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Resolution 2024-33242 RESOLUTION NO: 2024-33242 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE LETTER AGREEMENT WITH THE FRIENDS OF THE BASS MUSEUM OF ART, INC., ("THE FRIENDS"), ATTACHED TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, TO MEMORIALIZE THE PARTIES' RESPECTIVE OBLIGATIONS WITH REGARD TO CERTAIN MANAGEMENT AND OPERATION RESPONSIBILITIES OF THE MUSEUM THROUGH SEPTEMBER 30,2025;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL LETTER AGREEMENT WITH THE FRIENDS. WHEREAS, the Bass Museum (the"Museum") was established from its inception as a strong public/private partnership through a contractual agreement entered into in 1963 between the.City of Miami Beach (the "City") and John and Johanna Bass, whereby the City accepted the gift of the art collection of John and Johanna Bass (the Collection), in exchange for making the Collection open and available to the public in a building maintained by the City(the 1963 Agreement and all subsequent amendments thereto are hereinafter referred to as the "1963 Bass Agreement"); and WHEREAS, the 1963 Bass Agreement requires the City to maintain the Bass Collection in perpetuity; provide for the exhibition of the Collection; keep it open and available to the public; and provide funding for the maintenance and exhibition of the. Collection; and WHEREAS, the City fulfills this obligation by funding the operational elements of the . Bass Museum and maintaining the building, which is a City asset; and WHEREAS, on March 10, 2010, the City Commission adopted Resolution No. 2010- 27349 which approved an Amended and Restated Bass Museum Agreement between the City and Dennis Alan Richard (as successor in interest to John and Johanna Bass); and WHEREAS, the Amended and Restated Agreement was intended to replace and supersede the 1963 Bass Agreement, and, among other things:. (1) reaffirmed the city's continuing obligation to fund the administration, operation and maintenance of the Collection at the Museum building, under the current name, "The Bass Museum of Art"; (2) provided guidelines for the maintenance of the Museum building; (3) confirmed governance of the Museum pursuant to an independent 501(c)3 corporation, the Friends of the Bass, Inc. (the "Friends"), through its board of directors, with the City Manager holding one of the seats on the board and twenty percent (20%) voting power; and (4) established oversight by an independent executive director; and WHEREAS, since 2009, the City has approved Resolution Nos. 2009-27089, 2009- 27216, 2010-27505, 2011-27757, 2012-28027, 2013-28363, 2014-28764, 2015-29168, 2016- 29689 2018-30172, 2018-30517, 2019-31034,2020-31449,2021-31891,2022-32362 and 2023- 32700, all with corresponding letter agreements, whereby the City agreed to appropriate and transfer budgeted operating funds for the Museum, in consideration of the Friends' agreement to undertake certain management and operational responsibility (on behalf of the City)for the Museum; and • WHEREAS, funding in the amount of$960,116 is recommended as part of the City's FY 2025 budget process and is contingent upon approval of the Mayor and City Commission; and WHEREAS, the Friends continue to provide certain oversight and management responsibilities for the Bass Museum through September 30, 2025; and WHEREAS, the Administration recommends that the City Commission approve, in substantial form, the Letter Agreement attached and incorporated herein by reference.as Exhibit "A" hereto, and authorize the City Manager and City Clerk to execute the final Letter Agreement, in the form approved by the City Attorney. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City Commission hereby approve the Letter Agreement with the Friends of the Bass Museum of Art, Inc., (the "Friends") substantially in the form attached to the Commission Memorandum accompanying this Resolution, to memorialize the parties' respective obligations with regard to certain management and operation responsibilities of the Museum through September 30, 2025; and further authorize the City Manager and City Clerk to execute the final Letter Agreement with the Friends. PASSED AND ADOPTED this day of . ' 41et 2024. ATTE • RAFAEL E. GRANADO, CITY CLERK STEVEN MEINER, MAYOR llllll B. SEP ig 2fl2 , ; 1H[4RPo .' t RATED' APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ao91�812ozf- City Attorney god Date Resolutions -C7 R MIAMI BEACH COMMISSION MEMORANDUM , TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: September 11, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE LETTER AGREEMENT WITH THE FRIENDS OF THE BASS MUSEUM OF ART, INC., ("THE FRIENDS"), TO MEMORIALIZE THE PARTIES' RESPECTIVE OBLIGATIONS WITH REGARD TO CERTAIN MANAGEMENT AND OPERATION RESPONSIBILITIES OF THE MUSEUM THROUGH SEPTEMBER 30, 2025; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL LETTER AGREEMENT WITH THE FRIENDS. RECOMMENDATION The Administration recommends approving the annual Letter Agreement between the City of Miami Beach and the Friends of the Bass Museum, Inc. ("the Friends" or"the Bass Museum"). BACKGROUND/HISTORY On March 10, 2010, the City Commission adopted Resolution No. 2010-27349 amending the 1963 agreement between the City and Dennis Alan Richard (as Successor in Interest to John and Johanna Bass). This new Agreement, among other things, replaced both the existing Bass Board of Trustees and the Friends of the Bass Museum, Inc., with the Bass Museum of Art, Inc. a 501(c)3, composed of actual stakeholders (as opposed to the then-current Board of Trustees, who maintained their seats by virtue of their contractually designated positions under the 1963 Agreement). The City Manager retained membership on the new governing board, with voting power equivalent to 20% of the membership of the Board, comparable to the City Manager's representation on the previous Board of Trustees. The day-to-day responsibility to ensure the City's contractual obligations to maintain the Collection would be handled by the new governing body through a separate management agreement with the City. Funding for the Bass Museum has been appropriated through the annual budget process each year since 2009, and subsequently approved by resolution authorizing the City Manager to enter into a letter agreement with the Bass Museum for the amount appropriated through the budget process, noted as follows: FY 2010 $512,000 (Reso. No. 2009-27216) FY 2011 $536,495 (Reso. No. 2010-27505) FY 2012 $623,391 (Reso. No. 2011-27757) FY 2013 $585,501 (Reso. No. 2012-28027) FY 2014 $651,000 (Reso. No. 2013-28363) FY 2015 $651,000 (Reso. No.2014-28764) FY 2016 $651, 000 (Reso. No. 2015-29168) FY 2017 $1,201,000 (Reso. No. 2016-29689) "increased to assist with re-opening of Bass Museum FY 2018 $651,000 (Reso. No. 2018-30172) FY 2019 $884,058 (Reso. No. 2018-30517) FY 2020 $905,000 (Reso. No. 2019-31034) FY 2021 $905,000 (Reso. No. 2020-31449) Page 460 of 1377 FY 2022 $905,000 (Reso. No. 2021-31831) FY 2023 $905,000 (Reso. No. 2022-32362) FY 2024 $932,150 (Reso. No. 2023-32700) ANALYSIS The City has a long history of supporting the Bass Museum. The City's financial support to the Bass Museum has increased over the past fifteen years, most notably in 2016 when additional funding was allocated to assist with the re-opening of the Bass Museum following a $7 million restoration. Note that in 2018, the Bass Museum contended that the City's annual funding obligation under the agreement was significantly higher than the existing $651,000 annual allocation. The proposed $233,000 increase for the FY 2019 Letter Agreement was calculated as a result of compounded increases using the Cost Performance Index ("CPI") methodology for Miami-Fort Lauderdale-West Palm Beach. On July 20, 2018, the Finance and Citywide Projects Committee recommended a retroactive $233,000 increase for the FY 2019 Letter Agreement with the Bass Museum for a total allocation of $884,058 appropriated through the FY 2019 budget process. During the FY 2020 budget process, the CPI increase was included and approved by the City Commission on September 25, 2019, resulting in an allocation of$905,000. Beginning on October 1, 2024, the Letter Agreement has been updated to include language that allows for a cap of the annual adjusted increase by CPI or 3%, whichever is lesser. With this increase, the city's contribution to the Friends of the Bass for FY 2025 is $960,116. In addition, as proposed, the FY 2024 Letter Agreement calls for artwork on loan to the Bass from a third party to be insured by the Bass. FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/ FINANCIAL INFORMATION Funding in the amount of$960,116 is recommended as part of the City's FY 2025 budget process and with the Letter Agreement to be administered through the Tourism and Culture Department. This amount is contingent upon approval of the City's FY 2025 budget. CONCLUSION The Administration recommends approving the annual Letter Agreement between the City of Miami Beach and the Friends of the Bass Museum, Inc. to help ensure that Miami Beach remains a world-class arts and culture destination. Applicable Area South Beach Page 461 of 1377 Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Tourism and Culture Sponsor(s) Co-sponsor(s) Condensed Title Approve FY 25 Letter Agreement with the Friends of the Bass Museum of Art, Inc. TC Page 462 of 1377