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2007-26429 Reso RESOLUTION NO. 2007-26429 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 5/7THS VOTE, A WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW MANAGEMENT AGREEMENT BETWEEN THE CITY AND THE MIAMI BEACH GARDEN CONSERVANCY, INC., SUBSTANTIALLY IN THE FORM ATTACHED HERETO, FOR THE MANAGEMENT AND OPERATION OF THE MIAMI BEACH BOTANICAL GARDEN; SAID AGREEMENT HAVING AN INITIAL TERM OF FIVE (5) YEARS, COMMENCING ON JULY 1, 2007,AND ENDING ON JUNE 30, 2012, WITH AN OPTION TO RENEW, AT THE CITY'S SOLE DISCRETION, FOR AN ADDITIONAL FIVE (5) YEAR TERM, SUBJECT AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. WHEREAS, on July 7, 1999, the Mayor and City Commission authorized the execution of a Concession Agreement with the Miami Beach Garden Conservancy, Inc. (Conservancy), which permitted the Conservancy use of that certain area in the Miami Beach Botanical Garden, located at 2000 Convention Center Drive, Miami Beach, Florida, 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, on April 18, 2001, the City Commission approved a Management Agreement (Agreement) with the Conservancy for a term of three (3) years, commencing on July 1, 2001 and expiring on July 20,2004, with an option to renew, at the City's discretion, for an additional two (2) year term ; and WHEREAS, on April 14, 2004, two months prior to the expiration of the initial term of the Agreement, the City Commission adopted Resolution 2004-25534, approving the two (2) year renewal option and further waiving, by 517ths vote, the competitive bidding requirements, to provide for one (1) additional year; all for a total renewal term of three (3) years; and WHEREAS, since the Agreement is due to expire on June 30, 2007, with no renewal options remaining, the City has been approached by the Conservancy, which has requested a new Agreement, in order to not only pursue its base mission, but also to see through the implementation of G.O. Bond funded capital improvements and to achieve full accreditation as a botanical garden; and WHEREAS, on November 22, 2006, the Finance and Citywide Projects Committee unanimously recommended that the Mayor and City Commission waive, by 5/7ths vote, the competitive bidding requirement and approve a new Management Agreement, with an initial term of five (5) years, commencing on July 1,2007, and ending on June 30, 2012, with an option, at the City's sole discretion, to renew and extend the Agreement for an additional five (5) year term. 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, by 5/7ths vote, a waiver of competitive bidding, finding such waiver to be in the interest of the City, and authorizing the Mayor and City Clerk to execute a new Management Agreement between the City and the Miami Beach Garden Conservancy, Inc., substantially in the form attached hereto, for the management and operation of the Miami Beach Botanical Garden; said Agreement having an initial term of five (5) years, commencing on July 1, 2007, and ending on June 30, 2012, with an option to renew, at the City's sole discretion, for an additional five (5) year term, subject and pursuant to the terms and conditions set forth in the Agreement. PASSED and ADOPTED this 17th Day of January, 2007. ~ Pcv.~ CITY CLERK Robert Parcher T:\Agenda\2007\Jan17\Consent\Botanical Garden Reso.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4~~~ i \ COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving by 5!7lhs vote, a waiver of competitive bidding, finding such waiver to be in the interest of the City, and authorizing the Mayor and City Clerk to execute a new Management Agreement between the City of Miami Beach and the Miami Beach Garden Conservancy, Inc., (Conservancy) substantially in the form attached, for the management and operation of the Miami Beach Botanical Garden; said Agreement commencing on July 1, 2007, for an initial term of five (5) years, with an option, at the City's sole discretion, to renew and extend this Agreement for an additional five (5) year term, subject and pursuant to the terms and conditions set forth in the AQreemenl. Ke Intended Outcome Su orted: To ensure well designed quality Capital Projects Issue: Should the Commission approving by 5/7ths vote, a waiver of competitive bidding and approve a new Mana ement A reement with the Conservanc for the mana ement and 0 eration of the Botanical Garden? Item Summary/Recommendation: On April 18, 2001, the City Commission approved a Management Agreement with the Conservancy for an initial term of three (3) years, commencing on July 1, 2001. On April 14, 2004, two months prior to the expiration of the inilialterm, the City Commission adopted a Resolution approving a two (2) year renewal option provided for in the Agreement and further waived by 5!7lhs vote, the competitive bidding requirements, to provide for one (1) additional year, for a total renewal period of (3) years. Since the Agreement is now due to expire on June 30, 2007, with no renewal options remaining, the Conservancy is requesting a new management agreement for an initial term of five (5) years with an option to renew for an additional five (5) years upon expiration of the initial term. Since the Conservancy has already exercised its only renewal option under the present Agreement, the City Commission shall have to consider waiving by 5/7'h'vote, the formal competitive bidding requirement, in order to award a new contract to the Conservancy for the continued management and operation of the Botanical Garden. In consideration of the Conservancy's efforts in establishing the Botanical Garden as a popular year-round cultural and recreational resource, as well as its current and planned initiatives to achieve accreditation oflhe facility, the Administration is fully supportive of executing a new contract the Miami Beach Conservancy to continue in its role in manaQinQ the Botanical Garden. Adviso Board Recommendation: November 22, 2006 - Finance and Citywide Projects Committee voted to recommend waiving, by 5/7ths vote, the competitive bidding requirements and award the Conservancy a new Management Agreement, with an initial term of five (5) years, commencing on July 1, 2007, with an option, at the City's sole discretion, to renew and extend the A reement for an additional five 5 ear term. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Kent Bonde, Redevelopment Coordinator, Ext6363 Si n-Offs: Redevelopment oordinator '. tD .... MIAMI BEACH AGENDA ITEM DATE c.7D /-/7-(77 & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager \ ;' / January 17, 2007 Q~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 5/7THS VOTE, A WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW MANAGEMENT AGREEMENT BETWEEN THE CITY AND THE MIAMI BEACH GARDEN CONSERVANCY, INC., SUBSTANTIALLY IN THE FORM ATTACHED HERETO, FOR THE MANAGEMENT AND OPERATION OF THE MIAMI BEACH BOTANICAL GARDEN; SAID AGREEMENT HAVING AN INITIAL TERM OF FIVE (5) YEARS, COMMENCING ON JULY 1, 2007, AND ENDING ON JUNE 30, 2010, WITH AN OPTION TO RENEW, AT THE CITY'S SOLE DISCRETION, FOR AN ADDITIONAL FIVE (5) YEAR TERM, SUBJECT AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. TO: DATE: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On July 7, 1999, the City Commission authorized the execution of a Concession Agreement with the Miami Beach Garden Conservancy, Inc., (Conservancy) which permitted the Conservancy use of the area known as the Welcome Center, including the gift shop and the orchidarium. The 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. On April 18, 2001, the City Commission approved a Management Agreement with the Conservancy for an initial term of three (3) years, commencing on July 1, 2001. On April 14, 2004, two months prior to the expiration of the initial term, the City Commission adopted a Resolution approving a two (2) year renewal option provided for in the Agreement and further waived by 517ths vote, the competitive bidding requirements, to provide for one (1) additional year, for a total renewal period of (3) years. Since the Agreement is due to expire on June 30, 2007, with no renewal options remaining, the City has been approached by the Conservancy, to request a renewal of the Agreement in order to not only pursue its base mission, but also to see through the implementation of G.O. Bond funded capital improvements and to achieve full accreditation as a Botanical Garden. January 17, 2007 Commission Memorandum Miami Beach Garden Conservancy Management Agreement Page 2 of 3 Since taking over the operations of the Botanical Garden, the Conservancy has initiated public outreach initiatives, educational programming and has played an important role in capital planning efforts. The Conservancy has also used its best efforts to increase its public/private funding contributions towards the operation of the facility, resulting in City being able to reduce its annual contribution by 25%, from $200,500 in FY 01/02 to $152,475 since FY 03/04. It should also be noted that in evaluating the Conservancy's request, the Administration looked into the cost of absorbing the operation in-house. Based on a recent estimate by the City's Parks Department, the City's cost to operate the facility, providing the same level of programming and services, would be approximately $228,315 per year, almost 54% more than the City's current contribution to the Conservancy. 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. Since this time however, contractual issues between the City and EDAW have delayed further progress on the final design and improvements. Since this time, the Conservancy has asked to assume the lead role in taking over and implementing the Project on behalf of the City. To the extent that the City Commission is favorable towards renewing the Conservancy's Management Agreement, it is anticipated that a separate Development Agreement shall be structured with the Conservancy, governing the design and construction process and the expenditure of the GO Bond funds related to the Project. Since the Conservancy has already exercised its only renewal option under the present Agreement, the City Commission shall have to consider waiving by 517thS vote, the formal competitive bidding requirement, in order to award a new contract to the Conservancy for the continued management and operation of the Botanical Garden. On November 22, 2006, the Finance and Citywide Projects Committee voted in favor of awarding the Conservancy a new Management Agreement, with an initial term of five (5) years, commencing on July 1, 2007, with an option, at the City's sole discretion, to renew and extend the Agreement for an additional five (5) year term. This extended term is anticipated to facilitate the Conservancy's ability to obtain grants and other long-term funding commitments for programming, capital improvements and operations. A summary of proposed terms under the new Management Agreement is included as Exhibit A to this Memorandum. Also included to facilitate the City Commission's consideration of the Conservancy's request, are the following documents: audited income statements for the first six months (Oct 1 - March 31) FY 2005/06 as Exhibit B audited year-end income statements for FY 2004/05 as Exhibit C Operating Budget for FY 2006/07 as Exhibit 0 City's Estimate to operate the Garden Center In-house as Exhibit E Marketing Plan and Schedule for FY 2006/07 as Exhibit F Established rental rates, policies and procedures as Exhibit G January 17, 2007 Commission Memorandum Miami Beach Garden Conservancy Management Agreement Page 3 of 3 In consideraticm of the Conservancy's efforts in establishing the Botanical Garden as a popular year-round cultural and recreational resource, as well as its current and planned initiatives to achieve accreditation of the facility, Staff is fully supportive of executing a new contract the Miami Beach Conservancy to continue in its role in managing the Botanical Garden. JMGITH/KOBQ;;, Attachments 7" T:\AGENDA\2007\Jan 17\consent\Botanical Garden memo.doc Miami Beach Garden Conservancy Contract Renewal Exhibit A Summary of Key Proposed Terms Term - Sec. 2 Renewal Option - Sec. 2 Operation and Management - Sec. 5.1 Hours of Operation - Sec. 5.2 Base Rent - Sec. 6.1 Financial Records and Reporting - Sec. 6.3 Budget- Sec. 7.1 Exhibit A Management Agreement Between The City of Miami Beach and The Miami Beach Garden Conservancy, Inc. Summary ofKev Proposed Terms Initial Telm of five (5) years, commencing on July 1,2007 through June 30, 2010, plus remaining term in the current Agreement between the time of rescission and the date of its expiration on June 30, 2007. One (l) option an additional five (5) years, subject to approval by the City. a) Manage and direct the operations and activities at the Botanical Garden; b) Maintain grounds and gardens and provide housekeeping offacilities; c) Develop the Botanical Garden grounds consistent with City-approved Master Plan d) Develop and implement programs and activities which support the Facility's mission. e) Schedule public use ofthe premises consistent and subject to established policies and procedures. General admission: 9:30 am - 5:00pm One ($1.00) per year. Conservancy to provide on a monthly basis, a report of receipts and expenditures with a comparison to the stated budget projection for same period. Within ninety (90) days after each fiscal year, Conservancy to provide an annual financial statement, prepared by a certified public accountant. By July 31 of each year, Conservancy shall submit to City, a proposed detailed line-item budget for the following fiscal year for approval by the City Manager and/or his designee. Miami Beach Garden Conservan(~v Proposed Management Agreement Term Sheet - Page 2 of 2 Programmatic Plan - Sec. 7.2 Not a Lease - Sec. 8 Alterations - Sec. 9.1 Maintenance - Sec. 9.2 Use of Premises - Sec.IO City's Level of Contribution - Sec. II Insurance - Sec. 21. Accompanying budget submission described in Section 7.1, Conservancy shall submit a Programmatic Plan for the next fiscal year. The Agreement is a management agreement and not a lease. In the event that Conservancy deems it appropriate to make alterations, improvements or additions to the premises, no such improvements shall be made without written approval by the City and, if approved, shall be made at Conservancy's sole cost and expense. In the event that minor (defined as $5000 or less) capital and/or infrastructure repairs are required, the Conservancy may be permitted to proceed, subject to obtaining the prior written consent of the City, in which case the Conservancy will also be reimbursed for said repairs. Examples of "minor" repairs may include, without limitation, minor electrical and plumbing, HV AC repair, broken windows and/or doors, and partial painting and touch up of the building. City shall have sole responsibility for the maintenance and repair of all facilities, improvements and infrastructure. The Conservancy shall maintain the grounds and horticulture materials. Conservancy shall follow and adhere to established rental rates, policies and procedures as set forth in Exhibit 0 of the Agreement. On a monthly basis, Conservancy shall provide a written report of events scheduled on the premises. During term of the Agreement, Conservancy shall include with its proposed annual budget, the funding that it anticipates raising through grants, membership contributions, facility rentals, gift shop sales and other sources of income, by which the City shall evaluate its level of contribution for the coming fiscal year, which amount shall be approved as part of the City's annual Budget process. Conservancy shall maintain general liability insurance as described in Section 2 I of the Agreement, with copies provided to the City. Miami Beach Garden Conservancy Contract Renewal Exhibit B Audited Statements for the First Six Months (Oct 1 - March 31) FY 2005/06 STACY A_ SAND, CPA, PA 5775 Collins Ave, Ste 709 Miami Beach, FL 33140 Tel; 305-861-6653 Fax: 305-861-4969 To the Board of Directors of Miami Beach Botanical Garden Miami Beach, Florida Accountant's Compilation Report We have compiled the accompanying balance sheet of Miami Beach Botanical Garden, as of March 31, 2006, and the related statement of income for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting, in the form of financial statements, information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures required by generally accepted accounting principals. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Company's financial position and the results of operations. Accordingly, these financial statements are not designed for those who are not informed about such matters. Stacy Sand, CPA, PA May 30, 2006 , , / Gl01l08 ..""'.1 B..ls Miami Beach Botanical Garden Balance Sheet As of March 31, 2006 ASSETS Current Assets Checking/Savings Colonial Bank Petty CilSh Total Checking/Savings Accounts Receivable Accounts Receivable Total Accounts Receivable Other Current Assets GRANT RECEIVABLE MB Cultural Arts Council Total GRANT RECEIVABLE Total Other Current Assets TolalCurrentAssets Fixed Assets Accumulated Depreciation Equipment Fum & Equip - Outdoor Furn & Fixtures - Other Total Fixed Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Accrued Sales Tax DONATlONS-RESTRICTED Tree Fund DONATIONS-RESTRICTED - Other Total DONATlONS.RESTRICTED GRANTS-RESTRICTED MB - Cull Arts Council MD - Hannibal Cox Grant GRANTS-RESTRICTED - Other Total GRANTS-RESTRICTED Security Deposits Total Other Current Liabilities Total Current Liabilities Tolal Liabilities Equity Fund Balance Net Income T alai Equity TOTAL LIABILITIES & EQUITY .I Mar 31,06 48,238.76 59.63 48,298.39 17,361.91 17,361.91 9,415.00 9,415.00 9,415.00 75,075.30 (6,754.38) 3,086.54 5,809.36 5,613.27 7,754.79 82,830.09 3,417.22 1,500.00 1,621.00 3,121.00 11,807.61 8,092.20 1,212.00 21,111.81 9,200.00 36,850.03 36,850.03 36,850.03 1,767.88 44,212.18 45,980.06 82,830.09 .I ft___ .. Miami Beach Botanical Garden &101106 Profit & Loss ,ecrual Basis October 2005 through March 2006 Oct '05 - Mar 06 Income CITY CONTRIBUTION 76,237.50 DONATIONS - UNRESTRICTED 320.00 EVENTS House Tours 7,839.00 Winter Garden Tour 50.00 EVENTS - Other 2,134.01 Total EVENTS 10,023.01 GIFT SHOP 2,028.95 MEMBERSHIPS 1,035.00 OTHER 584.41 RENTAL INCOME 85,225.65 Total Income 175,454.52 Expense Accounting & Legal 4,505.00 Bank ChargeslMerchant Charges 1,963.72 Computer Expense 55.00 Dues & Subscriptions 1,020.00 EVENT EXPENSE Contract Labor 7,840.80 House Tour 425.00 EVENT EXPENSE - Other 390.88 Total EVENT EXPENSE 8,656.68 Facilities Maintenance 66.70 Finance Charges 1.75 Gift shop expense 179.82 HORTICULTURE EXPENSE Employee lease 33,795.25 lawn Maintenance 23.532.93 Mulch 1,973.55 Plant purchases 758.38 Simple IRA - Katherine 2,100.00 Supplies and equipment 4,765.16 HORTICULTURE EXPENSE - Other 1,213.01 Total HORTICULTURE EXPENSE 68,138.28 Insurance Health 2,343.60 Properly 512.00 Totallnsuranee 2,855.60 Lease. Phone & Copier 355.18 Management Fees 31,670.00 Marketing Expense 297.00 Meals & Entertainment 81.43 miscellaneous (1,748.36) Office Expense, Supplies 4,385.22 Personnel Contract Labor 928.00 Employee leasing 891.00 Total Personnel 1,819.00 Pest Control 608.00 Postage and Delivery (492.12) RENTAL EXPENSE 930.65 Repairs and Maintenance 2,566.26 / Security System Expens. / 329.06 J Taxes and Licenses (115.00) Telephone I Internet 2,752.97 Training 360.50 Total Expense 131,242.34 ....Income 44,212,18 0......_ 4 Miami Beach Garden Conservancy Contract Renewal Exhibit C Audited Statements for Year-end FY 2004/05 STACY SAND, CPA, PA 5775 Collins Ave, Ste 709 Miami Beach, FL 33]40 Tel: 305-86]-6653 Fax: 305-86]-4969 To the Board of Directors of Miami Beach Botanical Garden Miami, Florida Accountant's Compilation Report We have compiled the accompanying balance sheet of Miami Beach Botanical Garden, as of September 30,2005, and the related statement of income for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting, in the form of financial statements, information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not eKpress an opinion or any other form of assurance on them. Management has elected to omit substantialIy all of the disclosures required by generally accepted accounting principals. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Company's financial position and the results of operations. Accordingly, these financial statements are not designed for those who are not informed about such matters. Stacy Sand, CPA January 17, 2006 / / MIAMI BEACH BOTANICAL GARDEN BALANCE SHEET ASSETS Current Assets Colonial Bank petty Cash Accounts Receivable Grant Receivable - MB Cultural Arts Total Current Assets Fixed Assets Equipment Furniture & Fixtures Acc_1ated Depreciation Total Fixed Assets toTAL ASSETS LIABILITIES & EQUITY Liabilities Current liabilities Accounts Payable SaJes Tax Payable Do_Income Donations - Restricted Sec:urity~ Total Current Term liabilities Total LIabilities Equity Fund Balance Net Income Total Equity TOTAL UABILITIES & EQUITY / September 200li 617 110 6,805 7,700 15.231 3,987 7,994 (6,754) 5,226 . 2O,.u7 5,531 573 2.580 1,621 13,906 24,211 24,211 31,262 (35,016) (3,754) . 20,457 / MIAMI BEACH BOTANICAL GARDEN INCOME STATEMENT October 2004. September 2(lO5 QnIIIIaIy IncomltlExpense Income City Contributions . 152,475 DonaUons~UnnsUi~ 5,686 Events Bug Ball 18.327 House Tours 5,070 """" 2,919 26,316 Gift Shop 2,162 OIher 5,813 ftepgllncome 78,629 Totlllncome . 271,081 ""_ Accounting & lAp' 11,359 -_&- 4,833 _.~cIIIInt__ 3,889 Con1pUbH' support & Matntllnance 2,668 Dues & h~lptIons 1,495 Event Expenses Bug Ball 20,151 ContnIct Labor 22,015 House Tour 116 other 2,017 44.305 hclltlles MIIirlleMnce 6._ Gill Shop Ex........ 1,070 Horticulture Expenses -....... 48.520 ~ ~im.n.nce 26,153 Mulch 3,465 ....nt Pure"'" 6,S93 _Ios & Equipment 6,074 other 1,692 92,497 Insurance D'_ 855 H..1lh 5,_ LI_bURy 2,800 - 1,421 10,722 ....... - Phone & CopIet" 4,320 MllMlement Fees 54,992 MIIrketing Expense 3,346 Mellis & Errt8rt.tnment 1,. 0IIIce _ & Sapplles ..... ............ contract Labor 4,539 Employee Lease 38.689 43,228 Pest Control 599 Postage & Dellnry 35. Re..ex....._ 306 Repailrs & M_lntenence 4,613 / Security system Expense 891 T.xes & Licenses ; 437 J j T.___ 5,160 T__ 306,097 _Income $ '35,011) Miami Beach Garden Conservancy Contract Renewal Exhibit D Operating Budget for FY 2006/07 ...BOTANICAL ,;:~GARDEN '+,~~' ;'~;~~ <:"!'l .:J>"" ,,?~ Miami Beach Botanical Garden Projected BUdget for 2006/2007 Fiscal Year October, 2006 - September 30, 2007 Projected Income City of Miami Beach Rental Income Garden $ponsered Events Grants Membership Soda Machine Gift Cart Plant Sales Donations $ 152,400 127,500 12,500 46,150 9,000 2,000 2,500 2,500 10,000 $ 364,550 Total Projected Income Projected Expenses Accounting Bank Charges/Merchant Charges Computer Expense Contingency Contract Labor Copier Lease & Maint Dues & Subscriptions Employee Leasing Event Expenses Facilities Maintenance Gift shop expense Horticulture Expenses Horticulture - Employee Lease and benefits Insurance Management Fees Marketing Expense Meals & Entertainment Office Expense, Supplies Pest Control Postage and Delivery Rental Expenses Repairs and Maintenance Security System Expense Telephone 1 Internet Training Truck & Auto Expense $ 7,500 5,200 2,000 38,270 5,500 1,800 2,000 36,000 4,000 3,000 1,000 60,000 79,200 9,000 55,000 12,000 200 6,000 1,380 2,000 24,000 3,000 400 4,800 300 1,000 $ 364,550 Total Projected Expenses 2000 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 3056737256 WWW.MBGARDEN.ORG Miami Beach Garden Conservancy Contract Renewal Exhibit E City's Estimate for Providing Same Level of Service Greenspace Management Division COST ANALYSIS FOR THE BOTANICAL GARDEN FY 06/07 Miami Beach Botanical Garden In-house Mainlenance of G,olJnds and Facility Renlals - (Estimate for City to Operate) ~~ ~~~ Salaries Facility Manager Park Supervisor Municipal Service Worker III Insurance Pension Uniforms 58,729 32,971 27,924 16,000 11,961 1,050 Sub- Total ,Operational Items T oals/Equipment Office supplies Copier lease Telephone Horticultural Supplies Facility maintenance Mowing contract 37 cuts @ 140. Pest Control 148,635 3,000 3,500 1,800 4,000 57,000 4,000 5,180 1,200 Sub-Total Grand Total NOTES: The costs provided above represent the grounds maintenance and rental stalling only. The costs associated wilh the gift shop, fund raising and grant writing are not reflected. 79,680 $228,315 Miami Beach Garden Conservancy Contract Renewal Exhibit F Marketing Plan and Schedule for FY 2006/07 Public Private Partnership City of Miami Beach & Miami Bcach Garden Conservancy I) Community resource mission to serve as community garden commitment to preserve greenspace policy of free admission daily venue for community meetings, weddings and events 2) Increased visibility as City-owned facility full time horticulturist & educational resource year-round environmental education and horticulture programs arts and cultural programming effective public relations & marketing campaigns 3) Leasehold improvements Garden painted all interior meeting rooms and offices installed ceramic tile flooring throughout Banyan Room & kitchen carpeted Butterfly Room purchased lighting, microphone, powerpoint projector enhanced plant collections and planted new trees post-hurricanes created "vertical wall" project and significant plantings installed landscape lighting 4) Fiscal responsibility record of sound financial management positive cash flow and balanced budget expanded revenue sources beyond City funding state and Miami-Dade county grants private and foundation donors meeting and event rental income memberships plant sales ~ , MARKETING PLAN 2006-2007 The strategic marketing plan designed to promote the Miami Be'lch Botanical Garden includes the following elements: · Ncw releases: News releases announcing artistic performances, our season schedule of events, free daily garden tours, lectures and demonstrations, awards and honors, Board appointments, and "news" items will be written and distributed to the media on a regular basis with 3-4 releases issued each month. · Press kit: Our comprehensive Press Kit includes fact sheet, history, news releases, garden photos, the quarterly Garden newsletter, list of Board of Directors, rack brochure, flyers and collateral material, including list oflectures and educational programs. · Journalistic source: Reporters and editors are regularly contacted to establish the availability of Garden representatives (Board members, horticulturist and executive director) for interviews and as a source for cultural events at the Garden, community happenings stories, environmental education, plant questions · By-lined articles: To reinforce the experience and expertise of our Garden staff and community outreach, a series of articles are tailored for local newspapers and magazines · Gardcn Brochure: 25.000 copies ofa new Botanical Garden rack card that promotes cultural events, tours, lectures and demonstrations, and community programs has been designed as in-kind contribution by Minerva Designs and printed by Royal Caribbean . Website: News releases and promotional materials developed for the Garden are posted on our website to help update and enhance the site wwwl1lbllarden.org . Newsletter: 3,000 copies of our ncwslctter are printcd and distributed quarterly with feature stories of performances and cvcnts at thc Gardcn cvcnts, a cultural happcnings calendar, tours, educational programs, profile ofvo!untccrs, gardening co]unms. (Samplc attachcd) . E-flyers A series of e-mail flyers are distributcd to a database of morc than 5,000 individuals to publicize performanccs, lectures, workshops and events at the Garden. These prove cost effective public relations when comparcd to cscalating postage rates. . Cultural Liaison The Garden's staff and Board serve on a nU!l1ber of high profile community organizations and are affiliated with such organizations as the Dade Cultural Alliance, the Miami Beaeh Arts Trust, New World Symphony, Bass Museum and a personally and support the development of arts in the community. "Cultivating Arts in the Garden" Schedule 2006 - 2007 The "Arts in the Garden" prol,'Tam, a year-round series of cultural events at the Miami. Beach Botanical Garden features visual and performing arts and exhihitions. The venue includes the Banyan Room and Terrace, accommodating audiences of 120+, the Great Lawn with open-air performances for audiences of 600+ and the Japanese Garden. The season schedule of artistic performances and events includes: October 2006 Art Exhibition. A solo show by internationally acclaimed watercolorist Cassie Winters - October 19 to 27, 2006 A master of the art of watercolor, her intricate works explore the Florida everglades and portrays landscapes, trees and botanical subjects in intimate detail. Each of her works is accomplished with layers ofsuhtle color and takes months to complete. A native of England, she has exhibited internationally and her works hang in major collections around the globe. South Florida Chamber Orchestra performs on Sunday, October 22 at 4PM. In conjunction with the presentation of the Cassie Winters watercolor exhibition, the Garden will sponsor a performance of the South Florida Chamber Orchestra, under the direction of Michael Andrews with a program of classic "water music. .. "FalI Objects" - a floral workshop at the Garden on Saturday will demonstrate how natural 'fallen objects' - whimsical seed pods, palm leaf bases called "boots", bamboo and papyrus, fruits and stems -- can be incorporated into eye-catching floral arrangements with Parrish Design tlorists. November 2006 Fantasy Theatre Factory presents an environmental fairy tale for children. The Miami Beach Botanical Garden partners with the Early Headstart Program to provide a theatre experience for youngsters which are bussed to the venue. Operated by Miami-Dade Community Action Agency, Headstart serves 140 children, aged 3 to 5 years, in four Miami Beach elementary schools - Feinberg Fisher Elementary (40 children), South Pointe Elementary (20 children), Biscayne Elementary (40 children), and Treasure Island Elementary (40 children). A Tastc ofthc Tropics - Novcmbcr 4 Tropical Fruit Tasting and Culinary Demonstration, a workshop and tasting with cclebratcd local chef's, lecturcs on cooking with tropical Iruits in cooking. The event will include an art cxhibit oftropicallruit paintings and photography and a Iecturc by Ian Maguire, a specialist in tropical fruit photography. As well as a powcrpoint prcsentation of his work, Ian will lead a photo expedition in the Garden with hands-on demonstration of techniques for botanical photography. 4'h Dimension of South Beach. The cmerging theatre company, presents a showcase of song and dance at the Gardcn during the weckends of November 18 and 2S'h. December 2006 The Gardcn will host Art Basel as the venue for the 2006 Video Lounge and "Art Conversations" (December I-S) with panel discussions and news confcrenccs daily during the international art exhibition, as well as outdoor art installations and an Art Cafe in the Rose Fountain Courtyard. Decorating for the Holidays, (December 9) - Demonstration with floral designer Israel Sands presents inspirational ideas in floral centerpieces, bouquets, gift baskets and home decorating for thc holidays. January Art in Bloom - January 4 - 8, 2007 The Sth annual Art in Bloom at Miami Beach Botanical Garden will again be curated by Carol Jazzar. Held in conjunction with Art Miami, Art in Bloom is dedicated to emerging local talent and explores the work of a group of cutting edge contemporary artists working and living in Miami. The exhibit showcases artists chosen for the high evolution of their work in a variety of media and a range of styles. The caliber of artistic talent is evident in the artists chosen for Art in Bloom 200S: photographers Maria Caridad Perez, Brad Kuhl, Jon Davis and Gismo, printmaker Monique Leyton, painters Paul Wagner and John LaHuis, sketch artist Matthias Saillard. As curator, Carol Jazzar (see attachcd list of eurated show) will make the final selection based on artistic merit. Art in Bloom will be free to the public, open daily 10 to 8PM (concurrent with Art Miami hours) Free performance, Thursday, January 4,8 - 9 PM for the public as part of the "Art in Bloom" Opening Night Festivities. Momentum Dance Company, (Artistic Director Delma lies) will perform an environmentally themcd work based upon the natural movements of flowers and trees as they are impacted by sun, winds, water and natural elements, natural rhythmic flows and undulations. Orchids in the Landscape (Date TBA) Lecture and demonstration by Michael Coronado, orehid specialist with RF Orchids, putting orchids in trees in the Garden The 10th Annual Jewish Film Festival, (Dates TBA) will present two evening of outdoor film screening, as well as film panel discussions, lectures, and social receptions. February, 2007 "Water Gardening in Containers" Workshop (Date TI3A) Workshop prescntcd by Gardcn Horticulturist Kathcrinc Maidman cxplorcs gardcning for tetTaCcs and pockct-sizc gardens in thc tradition of Balincsc courtyards. Discussion of growing watcrlilics. pitchcr plants, aquatic mint, papyrus, and many othcr aquatics in pots. vats, and vcssels, and the suitability ofcontaincr gardcning for urban South Florida. Thc Miami Bcach Botanical Gardcn will scrvc as VIP headquarters for the Miami International Boat Show (Novcmbcr 16-20) March 2007 Hats OlTto "Herstory" March 4 -a historical photo exhibit from 1928 to present of Miami Beach Garden Club and Miami Bcach Woman's Club with lecture, demonstration by Millinery artist Victoria Dinardo-Montefiorc Everything Orchids - March 6 - "Everything Orchids," a dynamic exhibition showcases orchids - in painting, photography, sculpture and sketches at the Garden from March 6 to ]3. Artists participating in the exhibit are South F]orida's premiere botanical artists, those who specialize in orchid artwork and others with a broader brush of botanical su~iects. Among the artists for this show will be Mary Ruden (whose Orchid Flamingo from the 2000 Art in Public Places Flamingos on the Beach program roosts at the Garden), Lisa Remeny, Rick Cruz, Debra Cortese, Sergio Baradat, Angeline-Marie Martinez, Amy KuteU, Patsy Rodriguez and Tracey Hagen. These artists participated in the inaugural "Everything Orchids" Exhibition at the Gardcn in March 2006. 6th Annual Miami Beach Botanical Garden Tour oCPrivate, Residential Gardens (March 17) highlights the diversity of local gardening from waterfront estates to conununity plots. Open to the public, the tour showcases six or more distinctive gardens, including waterfront estates, intimate urban terrace gardens and the retreat of a Miami Beach Conunissioner. Jazz musician Preston Hollis will perform during the Tour reception which includes plant sales. Apri] 2007 "Sustainable G~rdening" Lecture A lecture on low-maintenance principles for a sustainable South F]orida landscape, presented in partnership with Florida Yards and Neighborhoods to promote water conservation, and landscape best management practices in urban landscape systems, and the impact on natural resources. Friends & Fronds Tea - the annual "Friends & Fronds" Tea Party at the Garden honors Garden members, the Miami Beach Garden Club, the MOllnt Sinai Garden Club, friends and volunteers ofthe Miami Beach Botanical Garden and the Miami Beach arts and cultural community. Join us for "High tea", 4-6 PM with lively conversation and musical entertainment. The Youn~ Musicians' Orchestra Performance The Young Musicians' Orchestra of the Coral Gables Congregational Chureh Community Arts Program Conservatory Jl)r the Arts will perJl,rm !l)r a Miami Beaeh audience. The Orchestra perl11rms classical music of Handel, Charpenticr, Elgar, others. May 2007 Flowers & Flavors An exceptional dining experience, the Garden hosts a sophisticated gourmet menu leaturing unique dishes created with tlowers and 110ral accents. A fundraiseI' lor the Garden's education programs, the Flowers & Flavors dinner is one night only, limited to 100 gucsts with cocktails on the patio, dining in the Banyan Room, live music, French wines and an exhibition of the work of floral artists. Tai Chi Workshops Each Saturday in May, the Garden will presents a T'ai Chi session with exercise and mediation in the Garden with teacher Rhula. New World Symphony concert. (Date TBA) A "Musician's Forum" with music selected and perJonlled by fellows of the orchestra. The Musician's FOrwllS have earned a reputation as a dynamic perlormance because the leature members urthe orchestra personally select and perform their own diverse and wlUsual programs of solo and ensemhle music that they narticlllarlv eniov. find challenging or wish to nresent for ,I .I. J J" ~ ..... .... ... audience interaction. JWle 2007 Oriental Art - the Garden presents an att exhibition featuring classic Chinese a1t motifs and 110ral arranging in conjunction with the City of Miami Beach Sister Cities program which is launching a campaign to include Changhi as the newest "Sister City" to Miami Beach. The celebration wiil include classes in ikebana and oriental traditions of flower arranging, and a tea ceremony in our Japanese Garden. "CurioiJs Geofl(e" Fantasy TheatTe Factory periimns an adventure story ahout a little monkey named Clll'ious George who is a bit too curious for his 0\\~1 good, the perli)rmance, iree and open to the puhlic, is recommended li)r children Irom Kindergarten to Grade 3. Youngsters follow the escapades of George as he travels from his African jungle home to a hig eify zoo in the lJnlled Slales where everything is new and exciting. with a decidedly modern twist, free and open to the public. .lulv 2001 Celebrating the July 4th weekend, "Flashing on the 60's. a concert of vintage folk and rock of the Woodstock era, leaturing the Dharma Bomb Band, presented hy the Center for Eme~in~ Art and the Miami Beach Bota.'1ical Garden, with picnic in the Garden. ""At.ldinJ! Cnln. in the ;..andi'ic~vc"~ a horticultuie le.clure h\" Adnan t:unsheryer on i,.;,"ili tocus on tlowering plants. both small and large. that arc suitable tor Miami Beach gardc.ncr:-i. An author and kctuit.."r~ Adrian wrik.:-i a wcekiy gardening coiiiinn 1n the. Sunday edition o!"thc 1'.1ian1i llcra!d. Her CO]lHlU1 is called the "Plant Clinic" which i~ located in the! !on1c section o!"thc Herald. (Date TBl\.) AiJ~iJst Ice in Au;:ust: Au;.:ust 23 - 31. 2007 The: 1\1iami Beai.~h Hotanical (jarden V\."ili prc"sent nfce in r'\iigUSt' , a chilling summer exhibition ofthe photography of Joseph Pessar. a Miami Beach artist whose porttolio It~aturcs an e.xtt~.nsive coHeclion of photography of~l'I.,Jorway, his famiiy'"s home. An ideai antidote to Miami's humid summer. the photography exhibit at the Garden will be ti'ee and open daily from lOAM to 6PM. Photo~raphy seminar: Photographer Joseph Pessar ""iii conduct an interactivc photography seminar. Along with classroom instmction. pat1icipants wi!! bring their cameras tor a hands-on dcmonstration, taking photos in the landscapc of the Gardcn. Instmction will include tips tor landscape lighting. close-up photography of plants and t1owcrs, brightllcss and contrast and dcveloping an cyc tor high impact shots. jhc seminar wi!! be held on Saturday, August 25th fi'om !O A..II,1 - Noon. September 2007 . The Meaninl: of Gardens - Workshop by Dr. David Lee !i'om Florida Intemational 1 ]nivt.'"rsity expiores the history of gardens throughout the \vorld and the unlque splrituai values and personal pleasures of gardcns. Bi~ Brothers Big Sisters Famiiy Day :\ family picnic tel' Big Brothers and Big Sisters orMiami includes games. a hands-on planting of peanuts and demonstration of "a supc~lnarkct gardcn~"; sho\ving youngsters !lO\V to gcrrninatc potatoes, avocadocs and other common plants. a performance by Gold Coast Theater and picnic in the Garden. Miami Beach Garden Conservancy Contract Renewal Exhibit G Established Rental Rates, Policies and Procedures MiaIni Beach Botanical Garden 2006 Facility Rental Rates Area Description Indudes Rental Rate Add Hours ~utte..tly Room Size- 18' X 35' I Table f 24 Chairs 350.00 I 04 Hours 75.00 1 Hou r -- Security Deposit (includes foci/ity 5250.00 attendant fee) Oanyan Room Size- 30' X 50' 12 Tables 1100 ehairs 800.00 I 04 Hou rs 100.00 f Hour Security Deposit (includesfaci/ity 5400.00 attendant fee) Great Lawn La!'dscaped Area Sp_ace ror 600 People 3,000.00 I 04 Hours 150.00 f Hour Security Deposit (include.. fa~ifiiY 51000.00 a/lendantfee) .Ja~aoese CardeD Landscaped A rea Soaee ror 200 People 550.00 I 04 Hours 75.00 I Hour f--- Security Deposit (includesfaci/ity 5250.00 attendant eel Palm Grove Landscaped Area Sj>aee ror 200 PeDDie 550.00 104 Hours 75.001 Hour Security Deposit (includes facility 5250,00 attendant fee) Please Note: ~ 07% Sales Tax will be added to all rental amounts due Miami Beach Garden Conservancy ~ Staffing charges arc $24.00 per hour per person utilized. ~ Insurance premium(s) shall be quoted and charged hased upon projected number of people in attendance and liquor served, if any, upon Miami Beach Garden Conservancy premises. Please direct all inquiries to 305.673.7256 Ext. 202 Miami Beach Botanical Garden Facility Rental Thank you for considering the Miami Beach Botanical Gardcn for your cvent. Our 4.5 acre botanical garden otlcrs a quiet oasis in the center of dynamic 'South Beach' and is locatcd directly opposite the Miami Beach Convention Center. The Miami Beach Botanical G:mJen is an ideal setting for festivc occasions such as wedding receptions, gala fund-raisers, art exhibits, concerts, educational and cultural events, as well as meetings, group retreats seminars and conferences. The 'Butterfly Room,' 'Banyan Room' with adjoining 'Terrace', 'Great Lawn', 'Japanese Garden', and 'Palm Grove' are for rent year round, subject to prior reservations. The 'Butterfly Room' measures 18' X 35' and will comfortably accommodate up to 24 people for seminars and meetings. The 'Banyan Room' measures 30' X 50' and seats up to 110 banquet style, 120 for conferences or up to 200 for cocktails. This comfortable tight and airy room with high vaultcd ceilings and sliding glass doors opens out onto a 25' X 50' flagstone 'Terrace'. The adjacent lawn includes a heliconia garden and the signature 'Banyan' tree. The 'Great Lawn' accommodates cultural cvents, galas and larger weddings of 600 to 800 people. The 'Palm Grove' is ideal for outdoor cocktail parties of up to 200 people. The 'Japanese Garden' is a wonderful location for truly uniquc Asian-themed festivities and will accommodate up to 100. Please Note: ~ No space or date reservation will be held without payment of a deposit as specified by Miami Beach Botanical Garden. ~ All money duc Miami Beach Botanical Garden for date reservations and space rental must he paid in full sixty (60) days prior to event date. Please direct all inquiries to: Marketing Director Ileana Aguilera 305.673.7256 Ext. 202 l\1ian1i Beach Botanical Garden Policies and Procedures -Facility Rental- The Miami Deach Garden Conservancy has established policies and procedures penaining to space rental and facilities utiliz~tion at the Miami Beach Botanical Garden. These policies and procedures include, bul are not necessarily limited to, the following: I. Miami Deach Dotanical Garden facilities may be renled only when there are no regularly scheduled events. 2. The Miami Beaeh Botanical Garden Cancellation Policy requires that should Lessee cancel thiny (30) days or more lrom event dale Lessee shall be obligated for and pay 50% of the rent due to Miami Beach Botanical Garden. Should Lessee cancel within less than Ihiny (30) days from event dale, Lessee shall pay 100% of the rent. Notice of Cancellation due 10 weather conditions determined to be dangerous and or unsuitable for the scheduled event(s) must be made and delivered to Miami Beach Bolanical Carden no less than twenty.four [24] hours prior to the evenl to receive any refund of rental money. All rental fees are deemed to be earned due and payable if Lessee does not comply with this requirement. 3. Lessee must observe the hours of use as specified by Miami Deaeh Dotanieal Garden. Space rental is valid only tor the dale(s) specified in the executed Rental Agreement. 4. Lessee agrees to abide by all Cily, County, and State Laws while upon and during Lessees use of all Miami Reach Botanical Garden facilities. 5. Cily of Miami Beach 'Fire Code' provides for the immediate closure of any Miami Beach Botanical Garden foom exceeding the posted room capacity. 6. Lessee shall be responsible for Ihe conduct of all persons occupying the Miami Deaeh Bolanical Garden facilities during the hours and date(s) oflhe Rental Agreement 7. Lessee shall maintain reasonable quiet and make no public disturbance. 8. All evenls must close at I :00 AM or sooner on Friday or Saturday. No evenl is allowed beyond II :00 PM Sunday through Thursday. 9. All music must be in the meeting rooms or Ihe 'Banyan Room' with doors closed and shall not exceed the sound levels established by the City of Miami Dearh. Any music outdoors must have the prior approval of the Miami Beach Garden Conservanry. 10. II is Ihe sole responsibility of the Lessee to ohtain all proper licensure and permils with regard to Ihe sale or otherwise dispensing of any alcoholic beverage upon MiamI Beach Botanical Garden propeny . I I. Lessee shall be responsible for all damage 10 facilities incurred during the time of facility usage. 12. There shall be no responsibility on behalf of the City of Miami Beach and or the Miami Beach Carden Conservancy for any lost or stolen or dam'aged propeny belonging to any user or vendor upon Ihe Miami Beach Botanical Garden premises. U. l.essrc musl providl~ an original and current CeI1ifi'.'at~ of Insuntncc to lhe Miami 8rach Gardfn Conser"anc'y at least thirty (30) days prior to Miami Beach Botanical Garden facility usage or event confirming lhe following insurance has been obtained and is in place: a. Workers Compensation. per Florida Statute pertaining to same. for any employee of the Lessee that works in any capaeily upon the Miami Beach Botanical Garden premises. b. Commercial General Liability in the amount of one million dollars ($1,000,000.00) per occurrence lor bodily injury and property damage. Depending on facility usage or the event, Products Liability and or Liquor Liability may also he required. This insurance policy must name the City of Miami Beach and the Miami Beach Carden Conservancy as an . ADDITIONAL INSURED' and be issued by an insurance company acceptable to the Risk Manager for the City of Miami Beach 14. Lessee is solely responsihle for all setup, breakdown and removal of all decotations and all other event related items. All events related items and or items belonging to Lessee and or Lessee's vendors must be removed ITOm Miami Beach Botanical Carden premises immediately following intended usage. No facility is available for the storage of pre or post event items. 15. Lessee or Lessee's designate shall be on site to receive all event related shipments. vendors and event production services contractors. The Miami Beach Garden Consenancy staff will not accept responsibility for deliveries, equipment installation, placement or pick ups. 16. All vehicles loading and unloading shall he through the Miami Beach Botanical Garden gate on 19's Street. All allowed vehicles must utilize the paved vehicular access roadways ONLY. There are no exceptions. All vehicles must be removed from premises immediately after loading in or loading out. There is no vehicular parking on premises. Lessee is solely responsible for any damage to the grass, foliage, any landscaping items, sprinklers or any other part of the irrigation system or any part of the on site electrical system caused by any event related vehicle(s). 17. The Miami Beach Carden Conservancy retains the authority to determine the number of employees required for each event. 18. No payment of any kind shall be made to the order of allY Miami Beach Botanical Carden employee. ] 9. The use of any tape is not allowed upon any interior or exterior wall, ceiling, fencing or any living plant. The use of 5taples, nails, thUnlotacks or push pins is not allowed. The use of glitter, 'silly string' or confetti is not allowed. 20. No charcoal grills are allowed. Propane gas cooking is allowed '" Miami Beach Garden Consenancy designated areas only. 2 I. Open flame is not permitted anywhere on premises unless attended by personnel authorized for such duty by the City of Miami Beach Fire Marshal. Candles may be used only when protected by hurricane lamp or similar glass enclosure that does not aJlow tlame to reach above flame enclosure. 22. , ,essee is responsible for the removal of all event related trash. There is no dumpster on sire. Failure to comply Wilh this requirement will result in Lessee being charged a lrash removal and cleaning fee against Lessee.s deposit. 23. Lessee is responsible fur the cleaning of all kilchen surfnce areas including Ooors, counter tops, sinks, refrigerator space, and cooking applianccs, if any, prior 10 departure. Failure to comply with this requirement will result in L('ssee being charged a cleaning fl'C aguinst Lessee's deposit. 24. All Miami Belich Garden Conservancy approved lenIS, as provided hy Miami Bcach Botanical Gardens' production services contractors are allowed in specifically designated areas only. There are no exceptions. 25. The use of any Miami Beach Garden ConSfrvancy approved electrical power gcnerator(s) on site requires a City of Miami Beach electrical permit. The required electrical pennit must be secured prior to the event date and posted upon the Miami Beach Botanical Carden premises prior to any use. 26. Lessee may not assign Lessee rights under any Agreement for use of the Miami Bcach Botanical without Miami Beach Garden Conservancy consent, but will remain bound by all obligations herein. Lessee may not sublease without Miami Beach Carden Conservancy wrillen permission. Any purported assignment by Lessee is void. I have read and fully understand the herein lisled Policies and Procedures. Lessee Initials Agreed and Accepted Lessee: Lessee Signature Date: Miami Beach Botanical Garden Pol icies and Procedures Catering and Caterers The Miami Ileach Garden Conservanc~' has eSlablishcd polkies and prucedurcs pertaining tu space rental and utilization at the Miami Beach Botanical Garden. These policies and procedures include, bUl arc not limited to, the following: 1. All Caterers must he licensrd and have current licenses and certificates in hand. Copies of current liquor license, if any is required, must be given to Miami Beach Garden Cons['rvan("y no later than thirty (30) days prior to the event load in date. There arc no exceptions. 2. All Calerers must provide an original and current Certificate of Insurance to the Miami Deach Garden Conservancy at least thirty (30) days prior to Miami .Beach Bolanical Garden facility usage or event confirming the following insurance has been obtained and is in place: a. Workers Compensation, per Florida Statute pertaining to same, for any employee of the Caterer that works in any capacity upon the Miami Beach BOlanical Garden premises. b. Commercial General Liability in lhe amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and properly damage. Depending on facility usage or the event, Products Liability and or Liquor Liability may also be required. This insurance policy must name the City of Miami Beach and the Miami Beach Carden Conservancy as an 'ADDITIONAL INSURED.' and be issued by an insuraoce company acceptable to the Risk Manager for the Miami Beach Garden Conservancy. 3. All trash related 10 Caterer catering any event upon Miami Beach Botanical Garden premises shall be removed ITom premises by Caterer and NOT be placed in any Miami Beach Botanical Garden trash containers. Failure to comply with this request may result in a suspension of Caterer's eligibility to cater events at Miami Beach Botanical Garden and a charge against Lessee deposits. 4. The designated kitchen area must be left in the same condition as found. Failure to comply with this request may result in the suspension of your eligibility to eater any events at Miami Beach Botanical Garden and a charge against the Lessee deposit. I have read and fully understand the herein listed Policies and Procedures Agreed and Accepted Caterer: Name Company Caterer Signature Date: Miami Beach Botanical Garden Facility Rental- Additional Requirements (NEW) I. Special EVl"nf Permit - Any l'vent that is l1(lt customary or incidental to the permitted main or accessory ilse of the Botanical Garden requires a Special Event Permit, for which application mllst be made to the City of Miami Ikach with a minimum of sixty (60) days nOlice prior to the planned event and pursuant to the provisions set I<,rth in the City's Special Event Permit Requirements and Guidelines attached as Exhibit "E". 2. "arking - The Miami Beach Conservancy shall notify the Parking Department at least thirty (30) days in advance of any event that is anticipated to generale significant parking demand, particularly during times of peak activity at the Miami Beach Convention Center and the Theater ofthe Performing Arts. J. Nolie. - the Miami Reach Conservancy shall notify the Holocaust Memorial at least thirty (30) days in advance of any outduor event that is anticipated to impact the tranquility of the Memorial and/or any scheduled events or services being conducted at the Memurial.