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 AT ITS SEPTEMBER 20, 2019 MEETING; WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 82-39(A) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND, FOLLOWING A PUBLIC HEARING, APPROVING, A LEASE AGREEMENT WITH THE NEW WORLD SYMPHONY, INC (NWS), HAVING AN INITIAL TERM OF FIVE (5) YEARS, WITH ONE (1) FOUR YEAR RENEWAL TERM; SAID AGREEMENT PROVIDING FOR THE CONSTRUCTION, BY THE CITY, OF A STORAGE FACILITY ENCOMPASSING THREE (3) STANDARD PARKING SPACES AND ONE (1) ADA PARKING SPACE, ON THE GROUND FLOOR OF THE "PENN GARAGE," LOCATED AT 1661 PENNSYLVANIA AVENUE (LEASED PREMISES), FOR THE STORAGE OF THE LED SCREENS THAT ARE PART OF THE AUDIO/VISUAL EXPANSION PROJECT AT SOUNDSCAPE PARK, TO BE FUNDED BY THE CITY FROM PREVIOUSLY APPROPRIATED PROJECT FUNDS, IN AN AMOUNT NOT TO EXCEED $180,000.00; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT.

The City Manager recommends the Mayor and Commission to accept the recommendation of the FCWPC by waiving the competitive bid requirements by a 5/7ths vote as permitted under Section 82-39(a) of the City Code, finding such waiver as being in the best interest of the City, and to approve the building of a storage unit by entering into a lease agreement with New World Symphony, as per the terms outlined in the attached resolution.

City staff met with representatives of NWS on February 7, 2017.  The following is a summary of the items discussed:

- NWS did not want a food and beverage concession operation in SoundScape Park. They would prefer to look at engaging restaurants in the vicinity rather than adding another vendor and structure.

- NWS did not want restrooms in SoundScape Park.
- NWS wanted to close the existing restroom building in SoundScape Park and convert it to a storage building.

- NWS wanted to close Lincoln Lane, making it pedestrian only, and to bring the road surface level with the SoundScape Park grade.

- NWS did not like the current plan for trees on Drexel Avenue.

- NWS requested approval to install additional speaker towers within SoundScape Park.

- NWS wanted to create additional viewing areas within SoundScape Park outside of the current viewing area of the WALLCAST (i.e., portable screens, permanent display, etc.).

- NWS suggested possible simulcasts and/or information pieces along Lincoln Road, using kiosks or other methods of transmission, in order to incorporate SoundScape Park and NWS along Lincoln Road to bring the three together.

- NWS requested the City consider installing public restroom stalls along public streets (similar to London, Spain, New York, etc.).

This information was subsequently presented at the March 1, 2017 Commission meeting. The Commission voted in favor of not proceeding with the food and beverage concession and referring the remainder of the issues requested by NWS to the Neighborhood/Community Affairs Committee (NCAC).

At the May 19, 2017 NCAC meeting, NWS staff presented four recommendations for improved amenities that would create a higher level of user experience at SoundScape Park.

These recommendations were as follows:

- Restroom/Storage Facilities - Relocation or reimagining of restroom facilities to also include additional storage space in the existing facility or Pennsylvania Garage.

- Retail Space/Bike Center- Creative use of retail space located in Pennsylvania Garage, possibly a Bike Center such as the facility located adjacent to Millennium Park, Chicago.

- Lincoln Lane Closure and Leveling- Activate and create an exciting southern edge for park in coordination with James Corner Field Associates Lincoln Road Master Plan, including leveling Lincoln Lane Road South to create pedestrian and bike access only.

- Audio and Video Systems- Expand listening and viewing areas to create outdoor “Living Rooms” and pop up video screens.

On May 19, 2017, the NCAC passed, by acclamation, a recommendation to have staff evaluate the cost impacts of improving the proposed amenities at SoundScape Park and subsequently send the evaluation to the Finance and Citywide Projects Committee (FCWPC) for consideration.

On June 7, 2017, the Mayor and City Commission moved, by acclamation, to minimize impact of bathrooms and for staff to work out the cost of the concepts with NWS, and to refer the financial component to the FCWPC.

On August 4, 2017, staff from Tourism, Culture and Economic Development, Parks and Recreation and Capital Improvements Projects met with NWS staff to begin analyzing the costs of the proposed amenities. The following table summarized estimated costs for each of the suggested recommendations:

 *The proposal indicates the cost of the video systems would be the responsibility of NWS

City staff expressed concerns regarding the proposed amenities making use of the Pennsylvania Garage space, specifically the restroom facility and retail bike center. Relocating the restroom facilities to the Pennsylvania garage would create a distance and disconnect from SoundScape Park, potentially causing a security and accessibility issue. By building restrooms in the lower level, parking spaces that are vital to a negotiating a lease agreement with a potential tenant would be lost.

Regarding the potential use of the Pennsylvania Garage retail space as a bike center, the Transportation Department explained that they would be installing 53 self-service, vertical bicycle parking racks in the 17th Street parking garage. There are 24 bicycle racks in the NE corner of the garage, and there will be 29 in the southwest corner of the garage. Each vertical bicycle parking rack holds one bicycle. Transportation will also be installing up to 5 u-racks at each of these two locations. In the future, a self-service bicycle repair station will be at each of these two locations.

On October 13, 2017, the Finance and Citywide Projects Committee made a recommendation for staff to continue working with the New World Symphony on solving the restroom issue that did not utilize the Penn garage space, look at Lincoln Lane closure, and do a budget amendment to re-appropriate $751,410 of $800,000 in previously budgeted funds for a restroom and concession facility for the audio and visual enhancement.

Funding for SoundScape Park Expansion and Improvements

Expansion of Audio and Video Systems (the Expansion Project)- $752,000

At the January 17, 2018 City Commission meeting, Resolution 2018-30158 was passed, adopting the second amendment to the capital budget for FY 2017/18 and approving the SoundScape Park concession and restroom project to exclude the restrooms and transfer that funding, in an amount of $751,410, to a project which would expand the listening area in SoundScape Park. Funding for this amendment would come from the transfer of Pay As You Go (Fund 302) dollars previously appropriated to SoundScape Park project, leaving a budget of $48,590 in this project.

On May 16, 2018, Resolution No. 2018-30300 was passed approving, in substantial form, Amendment No. 1 to the Video and Audio System Agreement, dated as of November 29, 2007, between the City and New World Symphony for the expansion of the video and audio system at SoundScape Park, with the City funding the expansion of the audio system, in an amount not to exceed $752,000, and NWS funding the expansion of the video system, at NWS sole cost and expense.

SoundScape Park Improvements (Restrooms, Storage and 4K) - GO Bond Allocation - $4.5 M

In addition to the funding identified for the Expansion Project, on November 6, 2018, the General Obligation Bond ("GO Bond") was approved by voters allocating $4.5M in improvements to SoundScape Park. The GO Bond funding for SoundScape Park includes the building of a permanent restroom facility to accommodate the high usage of the park, a storage facility and the upgrade of projectors, cameras, and servers to 4K ultra-high definition resolution.

Location of Facilities Related to SoundScape Park Expansion and Improvements

In order to timely implement the audio component of the Expansion Project, both NWS and City staff agreed that the purchase of the audio equipment can proceed independently of the purchase of the LED Video Walls. NWS submitted to City staff a detailed proposal, inclusive of budget and installation timeline for the audio equipment. However, in order to complete the video component of the Expansion Project and implement the SoundScape Park Improvements as funded by the GO Bond allocation, the location of the LED Video Wall storage facility needs to be identified.

1. Permanent Storage Facility for LED Video Walls

As part of the scope of work, NWS is purchasing two (2) portable LED modular screen video walls mounted on a portable device to accompany the expanded audio system. As indicated by NWS, the LED screen video walls should be stored in a climate controlled facility in close proximity to the park to ensure ease of accessibility for WALLCAST events, which average 10-13 events per season. Currently, NWS does not have an existing storage facility to accommodate the screens and has not been able to proceed with the purchase of the LED screen video walls. NWS has stated that off site storage is not practical due to the size and frequency of anticipated use of the LED video walls.

The proposed space is within Pennsylvania Avenue Garage ground floor, as referenced in the attached diagrams. This location would allow the screens to be accessed through the loading dock area of NWS and would require the permanent use of 3-4 parking spaces and 1 ADA parking space - the ADA parking space would be re-located to another area within the same garage, but the 3-4 regular parking spaces would be permanently utilized for this storage facility.

The design of the proposed storage space can be found in the attached documents:

- Storage Design #1

- Storage Design #2

- Storage Design #3

- Storage Design #4

The City of Miami Beach has consulted with all internal departments including Parking, CIP, and Tourism and Culture, and after many iterations and drawings, the administration has finalized a plan that will physically work within the space, and the administration has agreed to absorb the rental cost of $4800/year for the parking spaces that will be utilized as a result of this build out.

The facility will be maintained on a daily basis by NWS, but should any capital maintenance be required (air conditioning units, physical damage, etc), the City of Miami Beach would assume that maintenance as part of the existing agreement for SoundScape Park.

The funding source has already been identified as remaining funds from the audio / video expansion, with CIP confirming that the budget of apps $180,000.00 allocated is reasonable for the scope of work.

Further details pertaining to the lease agreement can be found in the attachment - "NWS Lease Agreement - Exhibit 1"


2. New Restroom Facilities

The administration is separating this item from the storage facility, as there is still more work to do to see if additional restrooms are feasible for SoundScape park given the budget allocation and to determine their location.

The administration believes that waiving the competitive bid requirement for this storage unit build out is in the best interest of the City of Miami Beach and its residents, as it will result in the intended audio and video expansion package of Soundscape Park.  Without this waiver, NWS would be unable to purchase the LED screens, as they require a safe storage space close to the park, in order to be utilized for various cultural programming initiatives which will be free of charge to residents and tourists of Miami Beach.

In conclusion, the City Manager recommends waiving, by 5/7th's vote, of the formal competitive bidding requirement in Section 82-39 (a) of the City Code, finding such waiver to be in the City's best interest, as it will result in finalizing the audio and video expansion package of Soundscape Park. The funds for this project have already been identified in contingency line items within existing audio / video expansion budgets, and without this waiver, NWS will be unable to purchase the LED screens, as they require a safe storage space close to the park, in order to be utilized for various cultural programming initiatives which will be free of charge to residents and tourists of Miami Beach.