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HomeMy WebLinkAbout2001-24345 RESO RESOLUTION NO. 2001-24345 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING BY 517TH VOTE, A WAIVER OF THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER IN THE BEST INTEREST OF THE CITY, AND HEREIN AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MANAGEMENT AGREEMENT WITH THE MIAMI BEACH GARDEN CONSERVANCY, INC., FOR THE OPERATION AND MANAGEMENT OF THE CITY'S MIAMI BEACH BOTANICAL GARDEN; SAID AGREEMENT TO COMMENCE UPON THE APPROVAL OF THE OPERATING BUDGET, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH AN OPTION, AT THE CITY'S DISCRETION TO RENEW AND EXTEND THE AGREEMENT FOR AN ADDITIONAL TWO (2) YEAR OPTION TERM, UNDER ALL TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT. 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, 200 I 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, the Administration and the Conservancy, have been working diligently since that time to develop the attached Management Agreement; and WHEREAS, the initial term of the Agreement is for three (3) years, commencing upon the approval of the operational budget by the Mayor and City Commission; and WHEREAS, the Conservancy anticipates presenting its budget request to the City Commission for approval in June, 2001; it should be noted that the City currently expends an estimated $174,275 annually for all related maintenance and operations at the Garden and future budget recommendations will be based on this baseline estimate; and WHEREAS, 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; and WHEREAS, the Conservancy has requested this Agreement become effective in July, 2001; and WHEREAS, until such time the operational budget is approved by the Mayor and City Commission for both the remainder of the 2001 Fiscal Year and Fiscal Year 2002, the Administration recommends that the allocation to the Conservancy of up to the $7,000 per month continue. 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 herein approve, by 517ths vote, a waiver of competitive bidding requirements, finding such waiver in the best interest of the City, and herein authorize the Mayor and City Clerk to execute the attached Management Agreement with the Miami Beach Garden Conservancy, Inc., for the operation and management of the City's Miami Beach Botanical Garden; said Agreement to commence upon the approval ofthe operating budget, for an initial period of three (3) years, with an option, at the City's discretion to renew and extend this Agreement for and additional two (2) year option term, under the same terms and conditions contained in the Agreement. PASSED and ADOPTED this 18th day of April, 2001. MIA MAYOR Et;r r (UL~ " CITY CLERK APPROVED AS TO FOAM & LANGUAGE a FOR EXECUTION IMG/MDBIKS/sf A:\CONSERV A.RES 11( ~~ !f-~~()( CITY OF MIAMI BEACH CllY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 m COMMISSION MEMORANDUM NO. 23&'-0 \ TO: FROM: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez ~~ City Manager U' U DATE: April 18, 2001 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING BY SI7TH VOTE, A WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER IN THE BEST INTEREST OF THE CITY, AND HEREIN AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MANAGEMENT AGREEMENT WITH THE MIAMI BEACH GARDEN CONSERVANCY, INC., SUBSTANTIALLY IN THE FORM ATTACHED, TO PROVIDE THE OPERATIONS AND MANAGEMENT OF THE CITY'S MIAMI BEACH BOTANICAL GARDEN; SAID AGREEMENT TO COMMENCE ON APPROVAL OF THE OPERATING BUDGET FOR AN INITIAL TERM OF THREE (3) YEARS, WITH AN OPTION, AT THE CITY'S DISCRETION, TO RENEW AND EXTEND THIS AGREEMENT FOR AN ADDITIONAL TWO (2) YEAR OPTION TERM, UNDER ALL TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: 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. This can be attributed to several factors. However, one very important reason is the significant contributions being made by various groups and individuals volunteering to restore the Miami Beach Botanical Garden to its past splendor and its future potential. For the past several years the Administration has worked with the members of the Miami Beach Botanical Garden affiliated garden clubs, including the Miami Beach Garden Conservancy, Inc., to improve the appearance of the Garden, as well as to generate a physical and operational comprehensive master plan for the Botanical Garden's future development. Throughout this process, the volunteers of the Miami Beach Garden Conservancy, Inc., 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. Additionally, the Miami Beach Conservancy, Inc., has conducted fundraising activities and sought donations and grant funds to further the capital development of the Miami Beach Botanical Garden. AGENDA ITEM (L,F 4-)f1-bL DATE 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 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 City of Miami Beach Botanical Garden. This Agreement has proven to be a very beneficial arrangement for all parties. At the January 10, 2001, Commission meeting a discussion regarding the Miami Beach Garden Conservancy, Inc., was held. At the time 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. The Administration and the Board of the Miami Beach Conservancy, Inc., have been working diligently since that time to develop the attached Management Agreement. The salient points of this Agreement include but are not limited to: . The initial term of the Agreement is for three (3) years, commencing upon the approval of the operational budget by the City Commission. (The Conservancy anticipates presenting their budget request to the City Commission for approval in June, 2001. It should be noted that the City currently expends an estimated $174,275 annually for all related maintenance and operations at the Garden, exclusive of the $7,000 per month allocation to Conservancy). 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 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 on a date determined by the City in advance of each fiscal year during this Agreement. This 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 ofthe 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 Progranunatic Plan, the funding that it anticipates raising, and the City shall use such representations in evaluating whether or not to continue with this Agreement. . The City has identified approximately $1.5 million from the Series 2000 General Obligation Bond Program for Phase 1 capital improvements to the Botanical Garden. Similarly, the City and the Conservancy herein agree that a vital component of the Conservancy's mission statement, with respect to this Agreement, is to use its best efforts; specifically, to obtain public/ private funding contributions for future capital improvements to the Botanical Garden (hereinafter, the Phase II improvements). Accordingly, the Conservancy represents that it shall use its best efforts to undertake coherent and consistent fundraising for the Phase II improvements, and that any funds and contributions received for same shall be kept and maintained by the Conservancy in a separate fund, which funds shall ultimately be conveyed to the City. The Conservancy herein acknowledges and understands that the City shall in no way be obligated to proceed with any Phase II improvements until and when funding for same has been identified and secured. . 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. The Board of Directors of the Miami Beach Garden Conservancy, Inc., has requested this Agreement become effective in July, 2001, and until such time the operational budget is approved by the City Commission for both the remainder of the 2001 fiscal year and fiscal year 2002 the Administration recommends the allocation to the Conservancy of up to the $7,000 per month continue. To assist with cash flow the Conservancy has requested that the allocation be made at the beginning of the month and invoices be provided as the funding is expended. The approval of this Resolution will further enhance the development and operation of the Botanical Garden and foster a "public/ private partnership" that will better enable the Botanical Garden to fully realize its potential. JMGA~ T:\AGENDAlzOOIIAPRI801\REGULAR\CONSERV A.MEM