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99-23132 RESO RESOLUTION NO. 99-23132 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND APPROPRIATING ADDITIONAL FUNDING, IN THE TOTAL AMOUNT OF $162,000.00, FOR THE POLICE ATHLETIC LEAGUE BUILDING ADDITION AND RENOVATION PROJECT, AS FOLLOWS: $82,000.00 FROM POLICE ATHLETIC LEAGUE FUNDS; AND $80,000.00 FROM A DONATION TO BE MADE BY THE RESNICK FAMILY TOWARD THE PROJECT; APPROVING THE AWARD OF A CONTRACT TO REGOSA ENGINEERING, INC., IN THE AMOUNT OF $799,000.00, AS THE LOWEST RESPONSIVE BIDDER, PURSUANT TO BID NO. 31-98/99, FOR THE POLICE ATHLETIC LEAGUE ADDITION AND RENOVATION PROJECT; ACCEPTING THE $80,000.00 DONATION BY THE RESNICK F AMIL Y, TO BE APPROPRIATED, AS SET FORTH HEREIN, TOWARD THE POLICE ATHLETIC BUILDING AND RENOVATION PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT BETWEEN THE CITY AND JAMES RESNICK, MEMORIALIZING THE TERMS AND CONDITIONS OF THE RESNICK DONATION. WHEREAS, on October 11, 1995, the Mayor and City Commission adopted Resolution No. 95-21768, authorizing the appropriation and expenditure of $175,000.00 for the Police Athletic League Building Addition and Renovation Project (the Project); and WHEREAS, on July 3, 1996, the Mayor and City Commission adopted Resolution No. 96- 22026, authorizing the appropriation and expenditure of $72,956.00 for the Project; and WHEREAS, on July 2,1997, the Mayor and City Commission adopted Resolution No. 97- 22453, authorizing the appropriation and expenditure of $70,000.00 for the Project; and WHEREAS, on January 21, 1998, the Mayor and City Commission adopted Resolution No. 98-22638, authorizing the appropriation and expenditure of $225,000.00 for the Project; and WHEREAS, on February 3, 1999, the Mayor and City Commission adopted Resolution No. 99-23062, authorizing the appropriation and expenditure of $85,000.00 for the Project; and WHEREAS, the Administration is herein requesting the appropriation of additional funding, in the total amount of $162,000.00, for the Project as follows: I. $82,000.00 from Police Athletic League funds; and 2. $80,000.00 from a donation to be made by the Resnick family toward the Project; and WHEREAS, concurrent with the aforestated appropriation, the Administration would also recommend that the Mayor and City Commission herein approve the award of a contract to Regosa Engineering, Inc., in the total amount of $799,000.00, as the lowest responsive bidder, pursuant to Bid No. 31-98/99 for the Police Athletic League Building Addition and Renovation Project; and WHEREAS, the Administration would further recommend that the Mayor and City Commission herein accept the donation, in the amount of $80,000.00, to be made by the Resnick Family toward the Project (and appropriated herein within the $162,000.00); and authorize the City Manager to execute the attached Letter Agreement between the City and James Resnick, memorializing the terms and conditions of said Resnick donation. NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and appropriate additional funding, in the total amount of$162,000.00, for the Police Athletic League Building Addition and Renovation Project, as follows: $82,000.00 from Police Athletic League Funds; and $80,000.00 from a donation to be made by the Resnick Family toward the Project; approve the award of a contract to Regosa Engineering, Inc., in the amount of$799,000.00, as the lowest responsive bidder, pursuant to Bid No. 31-98/99, for the Police Athletic League Addition and Renovation Project; accept the $80,000.00 donation by the Resnick Family, to be appropriated, as set forth herein, toward the Police Athletic Building and Renovation Project; and authorize the City Manager to execute the attached Letter Agreement between the City and James Resnick, memorializing the terms and conditions of the Resnick donation. PASSED and ADOPTED this 14th day of April, 1999. ATTEST: ~!OR ~r flUe&--- CITY CLERK RJA\kw F:\A TTO\AGUR\RESOS\P ALRENOV.$$$ APPROVED AS TO F,""" , ;) I " ,......UAGE ., ,,"' .'0,,', . ,. < ...'. .:',.' i .~ .. ..." ~',' .. ".' 't.,.,r'. '........ ." & :<,)!t i:~XECLrnON 4~-- tf/,/q1 C"yJ-"'i,,{,".;I ~ 2 n r:-q/_ ,'. t.... L., 'l....D ? ! 5 /1N to: 56 Uml') OFT ICE CITY OF MIAMI BEACH. ,_, . ., .~ OFFICE OF THE CITY ATTORNEY"; ,c. i,; [i' " MEMORANDUM TO: Robert Parcher City Clerk ~ FROM: Raul J. Aguila~ First Assistant City Attorney SUBJECT: Agreement between the City of Miami Beach (the "City") and James Resnick and the family of Abe Resnick (collectively "Resnick") regarding a $80,000 donation from Resnick (the "Donation") for the addition and renovation of a building to house activities of the Miami Beach Police Athletic League, Inc. (the "Building"), to be located at the present PAL facilities at Flamingo Park, 999 11th Street, Miami Beach, (the "PAL Facilities") DATE: April 14, 1999 Attached please find an executed original of the above-referenced Agreement. This Agreement is to be attached to Item R7-I on the April 14, 1999 City Commission Meeting Agenda. Should you have any questions or comments, please do not hesitate to contact me. RJA/kw F:IA TTOIAGURIMEMOSIPARCHRP AORG Attachment cc: Janet Gavarette, Assistant City Manager (w/o attachment) BELOFF & SCHWARTZ ATrORNEYS AT LAW GERALD K. SCHWARTZ, ESQ. 1688 MERIDIAN AVENUE SUITE 610 MIAMI BEACI I, FLORIDA 33139 TELEPI lONE (305) 673-1101 FACSIMILE (305) 673-5505 April 12, 1999 Mr. Sergio Rodriguez, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Agreement between the City of Miami Beach (the "City") and James Resnick and the family of Abe Resnick (collectively "Resnick") regarding a $80,000 donation from Resnick (the "Donation") for the addition and renovation of a building to house activities of the Miami Beach Police Athletic League, Inc. (the "Building"), to be located at the present PAL facilities at Flamingo Park, 999 11th Street, Miami Beach, (the "PAL Facilities"). Dear Mr. Rodriguez: This letter will serve to modify, amend and supplement all other correspondence, agreements and discussions between the City and Resnick regarding the above referenced matter. The City and Resnick acknowledge that the City is the owner of the Building and the Facilities. The parties further acknowledge that the City is currently a party to a Lease Agreement with the Miami Beach Police Athletic League, Inc. (PAL) for and including the Building and the PAL Facilities, all located within Flamingo Park, at 999 11 th Street, Miami Beach, Florida. Said Lease Agreement was approved by the Mayor and City Commission pursuant to Resolution No. 96-21987, having an initial term of five (5) years, commencing on July 1, 1996, and ending on June 30, 2001; which Lease was subsequently renewed or extended until 2023, pursuant to Resolution No. 98-22782. The City and Resnick further acknowledge that, pursuant to Resolution No. 97-22451, and in accordance with the requirements of Chapter 39, of the Code of the City of Miami Beach, the Mayor and City Commission accepted the recommendation of the City's Community Affairs Committee, approving the co-naming of the proposed new PAL Building to the "Miami Beach Police Athletic League/Leah and Chaim Resnick Campus." At the request of Resnick, at its regular meeting on April 14, 1999, the Mayor and City Commission shall consider an amendment to Resolution No. 97-22451, changing the co-naming of the Building from the "Miami Beach Police Athletic League/Leah and Chaim Resnick Campus" to the "Miami Beach Police Athletic League/ Abe Resnick Youth Resources Center." Accordingly, this Letter Agreement and the grant of the Donation shall be subject to the Mayor and City Commission's approval of the afore stated amendment to Resolution No. 97-22451, addressing the co-naming of the Building. If said Resolution is approved, the parties agree that the following terms and conditions, as set forth below, shall apply. Mr. Sergio Rodriguez, City Manager April 12, 1999 Page 2 The co-names Leah and Chaim Resnick are no longer to be used in relationship to the Building. Instead, the only co- name to be used or displayed in relationship to the Building will be the co-name ABE RESNICK. The Building shall at all times be referred to as THE "MIAMI BEACH POLICE ATHLETIC LEAGUE/ABE RESNICK YOUTH RESOURCES CENTER". That co-name and format shall, at all times, be used in all reference to the Building including, but not limited to, all signage, City and other telephone directories, all letterheads, all correspondence, all advertising and promotional materials, whether written or verbal, regardless of the form of media, and any or all other printed materials. In addition, the City shall construct and install at least two (2) signs on the Building identifying same as set forth above. The signs shall be prominently positioned so that the sign and the name can be seen both from the East and the West along 11th Street. Such signage shall be designed, constructed and installed in accordance with signage and building requirements, as same may be set forth in the Code of the City of Miami Beach, and particularly the City's Zoning Ordinance therein, as same may be amended from time to time. The use of the co-name and the signage shall be similar to the use and signage of the Scott Rakow Youth Center. So long as the PAL Building, or any part thereof, shall be used by the PAL, the name and signage shall continue to be used. Upon the execution of this letter by all appropriate representatives of the City, we will forward the Donation to the City to be held by the City and not used or dispersed until; (i) all impact and other applicable fees, if any, are paid in full; (ii) a full building permit is issued; (iii) a construction contract with a general contractor for the construction of the Building has been fully executed; (iv) the funds or cost for constructing the Building, including the monies from the Donation, have been appropriated by the City; and (v) construction actually commences. Upon the occurrence of all of the above, the City may disperse and apply the Donation towards the cost of construction at the sole discretion of the City. In the event all of the above conditions (i)-(v) have not been met by September 1, 1999, the Donation will be returned to Resnick immediately upon demand and thereupon no party hereto shall have any obligation to any other party hereto and all parties shall be relieved of further obligation hereunder. In the event either party hereto brings an action to enforce the terms of this letter, the prevailing party in any such action shall be reimbursed for all costs and reasonable attorney's fees and appellate fees and costs. Very truly yours, Agreed to and Accepted by: City of Mia Beach "City" "Resnick" \ \ \ By: \\\ James Resnkk Dated: ~- \~-l\l.l B~ ~ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 tlp:\\ci. miami-beach. fl. us TO: FROM: COMMISSION MEMORANDUM NO. ~ 15 - q ~ Mayor Neisen O. Kasdio and Members of the City Commission DATE: April 14, 1999 -- Sergio Rodriguez City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND APPROPRIATING ADDITIONAL FUNDING, IN THE TOTAL MIOUNT OF $162,000, FOR THE POLICE ATHLETIC LEAGUE BUILDING ADDITION AND RENOVATION PROJECT, AS FOLLOWS: $82,000 FROM POLICE ATHLETIC LEAGUE FUNDS; AND $80,000 FROM A DONATION TO BE MADE BY THE RESNICK FAMILY TOWARD THE PROJECT; APPROVING THE A WARD OF A CONTRACT TO REGOSA ENGINEERING, INC., IN THE AMOUNT OF $799,000, AS THE LOWEST RESPONSIVE BIDDER, PURSUANT TO BID NO. 31-98/99 FOR THE POLICE ATHLETIC LEAGUE BUILDING ADDITION AND RENOVATION PROJECT; AND ACCEPTING THE $80,000 DONATION BY THE RESNICK FAMILY, TO BE APPROPRIATED, AS SET FORTH HEREIN, TOWARD THE POLICE A THLETIC LEAGUE BUILDING ADDITION AND RENOVATION PROJECT. RECOMMENDATION Adopt the Resolution and award the contract. FUNDING Funding is available and already appropriated from the following funding sources: $155,000 $ 72,000 $ 70,000 $ 85,000 $ 30,000 $225.000 $637,000 FY 1995/96 Community Oevelopment Block Grant FY 1996/97 Community Oevelopment Block Grant FY 1997/98 Community Oevelopment Block Grant FY 1998/99 State Law Enforcement Trust Fund 607 FY 1998/99 State Law Enforcement Trust Fund 607..:{on this agenda) Miami-Dade County Safe Neighborhoods Park Bond Fund 371 Subtotal AGENDA ITEM -Bl-:s:.. DATE~9 FUNDING APPROVED /JI Bid No. 31-98/99 April 14, 1999 Page Two Additional funds from the following sources are being appropriated in this resolution: $ 80,000 $ 82,000 $162,000 $799,000 Resnick Family Donation Police Athletic League Funds Subtotal TOTAL Pursuant to the attached agreement, the $80,000 donation by the Resnick Family, which is also on this agenda, is contingent upon the City Commission approving the co-naming of the Police Athletic League Building to the "Miami Beach Police Athletic League/ Abe Resnick Youth Resources Center. " BACKGROUND This Invitation to Bid was issued on February 3, 1999, with an opening date of March 3, 1999. One- hundred ninety (190) notices were mailed, resulting in requests for seven (7) sets of plans and specifications and the receipt of five (5) responsive bids and one (1) non-response bid. The selected contractor shall provide all labor, materials, tools, equipment, and supervision necessary to complete the building addition and renovation as described in the specifications and drawings. ANALYSIS The lowest responsive, responsible bidder for this project is Regosa Engineering, Inc.; they are currently under contract with the City of Miami Beach for the Police Lobby Renovation Project of which they are approximately 50% complete. Regosa Engineering, Inc., has been performing satisfactorily on this project. Regosa Engineering Inc., has agreed to begin work within seven (7) calendar days from issuance of a Notice to Proceed and substantially complete the work within one-hundred eighty (180) calendar days. A performance bond and labor and materials payment bond, each in the amount of 100% of the contract total, shall be in place, and the Contractor shall be subject to liquidated damages of $300 per day for failure to complete the work on time. The funding identified to date does not include funds for construction management services or contingencies. The Police Athletic League is engaged in on-going fund-raising projects which will satisfy these requirements. Bid No. 31-98/99 April 14, 1999 Page Three BID TABULATION Vendor Total Lump Sum Bid Regosa Engineering, Inc. $799,000.00 Danco Development Company $799,777.00 Pino-Fonticiella Construction, Corp $872,700.00 Merkury Development $907,500.00 Tenusa,Inc $1,224.560.00 Non-responsive: Allied Contractors, Inc. - Failed to acknowledge receipt of addendum. CONCLUSION The City Commission should adopt the resolution appropriating additional funds in the amount of $162,000 and authorize the award of this bid to the lowest responsible, responsive bidder meeting specificIa' ons, Regosa Engineering Inc. (I..IJL ~ ~ SR:CMC: :RB:J :JE Ch:MR M:ISCMBITEMP\31-9899C BID :..