2018-30191 ResolutionRESOLUTION NO. 2018 - 30191
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016 -
152-WG FOR REAL ESTATE BROKERAGE SERVICES; APPROVING, BY 5 /7TH
VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING, KONIVER STERN
GROUP'S REQUEST FOR A WAIVER OF THE VENDOR
CAMPAIGN CONTRIBUTION REQUIREMENTS OF SECTION 2 -487 OF THE CITY
OF MIAMI BEACH CODE, FOR THE PURPOSE OF PERMITTING KONIVER
STERN TO PROVIDE LANDLORD REPRESENTATION /LEASING SERVICES FOR
A TERM OF THREE (3) YEARS, WITH TWO (2) ONE -YEAR RENEWAL OPTIONS,
IN ACCORDANCE WITH THE RFQ; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KONIVER STERN
GROUP.
WHEREAS, on July 13, 2016, the Mayor and City Commission approved the issuance of
2016- 152 -WG, for Real Estate Brokerage Services; and
WHEREAS, on August 30, 2016, the City received a total of two (2) proposals, one from
CBRE, Inc., and the other from The Koniver Stern Group, Inc. ( "Koniver Stern "); and
WHEREAS, on September 21, 2016, an Evaluation Committee appointed by the City
Manager, via Letter to Commission (LTC) No. 352 - 2016, convened to consider the two
responsive proposals received; and
WHEREAS, after reviewing the two proposals and the results of the Evaluation process,
the City Manager recommended that the Mayor and City Commission authorize the
Administration to enter into negotiations with both CBRE, Inc. and Koniver Stern Group; and
WHEREAS, on March 1, 2017, the Mayor and City Commission approved Resolution
No. 2017 - 29785, authorizing negotiations with both CBRE, Inc. and Koniver Stern Group; and
WHEREAS, on September 25, 2017, the Mayor and City Commission approved
Resolution No. 2017- 29988, approving the final negotiated agreements between the City and
CBRE, Inc. and The Koniver Stern Group, respectively; and
WHEREAS, the statement of qualifications submitted by Koniver Stern in response to
the RFQ indicated that it had contributed to the campaigns of former Commissioners Grieco and
Malakoff in 2016, and that it also made a contribution to Commissioner Steinberg's 2017
campaign; and
WHEREAS, the City's Campaign Finance Reform Law, as codified in Sections 2 -487
through 2 -490 of the City Code, generally prohibits any person who has contributed to the
campaign of a candidate elected to the office of the Mayor or City Commission from serving as
a vendor with the City for a period of twelve (12) months following the swearing in of the elected
official; and
WHEREAS, on November 13, 2017, the Mayor and City Commission approved
Resolution No. 2017 - 30090, adopting the certificate of the results of the November 7, 2017
general election, and accordingly, as incumbent candidate Commissioner Micky Steinberg
(Commissioner Group I) was unopposed in her candidacy as of the end of the qualifying period,
Commissioner Steinberg thereafter took the oath of office and was duly sworn in as City
Commissioner for the City of Miami Beach; and
WHEREAS, pursuant to Section 2- 487(B) of the City Code, the foregoing twelve month
vendor disqualification requirement may be waived for a particular transaction by a five -
sevenths vote of the Mayor and City Commission, following a public hearing and a finding that
the services involved in the proposed transaction are unique and the City cannot avail itself of
such services without entering into a transaction; and
WHEREAS, the terms of the final negotiated Agreement with Koniver Stern Group,
which included an initial term expiring on November 27, 2017, specified that any extension of
the Agreement beyond November 27, 2017 would require a waiver of Section 2 -487 of the City
of Miami Beach Code, by 517th vote, following a duly noticed public hearing; and
WHEREAS, based on a review of City's needs and Koniver Stern's strong track record
and extensive experience in providing landlord representation /leasing services, the
Administration recommends that the Mayor and City Commission waive the requirements of
Section 2 -487 of the City Code, solely with respect to the landlord representation leasing
services contemplated by the RFP.
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 accept the recommendation of the City Manager, pursuant to Request For
Qualifications (RFQ) No. 2016- 152 -WG for Real Estate Brokerage Services; approvE, by 5 /7th vote,
following a duly noticed public hearing, Koniver Stern Group's request for a waiver of the vendor
campaign contribution requirements of Section 2 -487 of the City of Miami Beach Code, for the
purpose of permitting Koniver Stern to provide landlord representation /leasing services for a term of
three (3) years, with two (2) one -year renewal options, in accordance with the RFQ; and further
authorize the Mayor And City Clerk to execute an agreement with Koniver Stern Group.
PASSED AND ADOPTED this r day of Rbruar y 2018.
ATTEST:
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T:\AGENDA\2018 \02 February \ProcurementCRFQ201C,M
WG renewal Resolution.doc
N GELBER, MAYOR
Re E6 e Brokerage Services Waiver Renewal \RFQ 2017 -152-
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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I_ ity Attorney n Date
MIAM
BEACH
Resolutions - R7 G
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 14, 2018
2:30 p.m. Public Hearing
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016 -
152 -WG FOR REAL ESTATE BROKERAGE SERVICES; APPROVING, BY 5 /7TH
VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING, KONIVER STERN
GROUP'S REQUEST FOR A WAIVER OF THE VENDOR CAMPAIGN
CONTRIBUTION REQUIREMENTS OF SECTION 2 -487 OF THE CITY OF MIAMI
BEACH CODE, FOR THE PURPOSE OF PERMITTING KONIVER STERN TO
PROVIDE LANDLORD REPRESENTATION /LEASING SERVICES FOR ATERM OF
THREE (3) YEARS, WITH TWO (2) ONE -YEAR RENEWAL OPTIONS, IN
ACCORDANCE WITH THE RFQ; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KONIVER STERN
GROUP.
RECOMMENDATION
Adopt the Resolution Renewing the Agreement with Koniver Stern Group.
ANALYSIS
The City is currently proceeding with the design and ultimately the construction of several
multipurpose garage building projects starting around the Washington avenue area. It is the intention
of the City and the Administration to include ground floor retail, restaurant, and possibly office space
with some or all of the developments. The City is desirous of contracting a broker before the initial
phase of the developments to consult with on the design of the additional lease spaces to ensure
industry standards are met and projects completed in the best position to lease the newly available
spaces. Additionally, the City does not specialize in the marketing of real estate property and hiring a
broker will ensure it maximizes its property rental revenue.
RFQ PROCESS
On July 8, 2016, the City Commission approved to issue the Request for Qualifications (RFQ) No.
RFQ 2016- 152 -WG for Real Estate Brokerage Services. On July 14, 2016, the RFQ was issued. A
voluntary pre- proposal conference to provide information to the proposers submitting a response was
held on July 27, 2016. RFQ responses were due and received on August 30, 2016. The City
received a total of two (2) proposals. The City received proposals from the following firms: Koniver
Stern Group and CBRE, Inc.
The statement of qualifications submitted by Koniver Stern Group indicated that it had contributed,
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during 2016, to the campaigns of Commissioners Michael Grieco and Joy Malakoff. Koniver Stern
Group has also made a contribution to Commissioner Steinberg's 2017 campaign.
The City's Campaign Finance Reform Law, as codified in Sections 2 -487 through 2 -490 of the City
Code, generally prohibits any person who has contributed to the campaign of a candidate elected to
the office of the Mayor or City Commission from serving as a vendor with the City for a period of
twelve (12) months following the swearing in of the elected official.
However, pursuant to Section 2- 487(B) of the City Code, the foregoing twelve month vendor
disqualification requirement may be waived for a particular transaction by a five - sevenths vote of the
Mayor and City Commission, following a public hearing and a finding that the services involved in the
proposed transaction are unique and the City cannot avail itself of such services without entering into
a transaction.
On September 21, 2016 an Evaluation Committee appointed by the City Manager, via Letter to
Commission (LTC) No. 352 -2016, convened to consider the responsive proposals received. The
Evaluation Committee process resulted in the Koniver Stern Group being top- ranked and CBRE
being second - ranked. Additionally, after reviewing all the submissions and the results of the
Evaluation process, the City Manager recommended that the Mayor and City Commission approve
resolutions authorizing the Administration to enter into negotiations with both CBRE, Inc. and Koniver
Stern Group; and further authorizing the Mayor and City Clerk to execute agreements, upon
conclusion of successful negotiations by the Administration.
On March 1, 2017 the Mayor and City Commission approved Resolution 2017 -29785 authorizing
negotiations with both CBRE, Inc. and Koniver Stern Group. On September 25, 2017, the Mayor
and City Commission approved Resolution 2017 -29988 approving the final negotiated agreements
between the City and CBRE, Inc. and The Koniver Stern Group, respectively.
However, the terms of the final negotiated Agreement with Koniver Stern Group indicated that any
such Agreement renewal to Koniver Stern Group would require a limited waiver of Section 2 -487 of
the City of Miami Beach Code, by 517th vote, following a duly noticed public hearing. The award of
this item had been delayed pending resolution of the aforementioned matter.
CONCLUSION
The City Manager recommends that the Mayor and City Commission approve the resolution
authorizing by 5 /7th vote, following a duly notice public hearing, Koniver Stern Group's request for
waiver of the vendor campaign contribution requirements of Section 2 -487 of the City of Miami Beach
Code, for the purpose of permitting Koniver Stern to provide landlord representation /leasing services
for a term of three (3) years, with two (2) one -year renewal options; and further authorizing the Mayor
and City Clerk to execute and agreement with Koniver Stern Group.
FINANCIAL INFORMATION
Commission based real estate services cost, determined upon successful negotiations, are subject to
funds availability approved through the City's budgeting process. All other real estate contractual
services will be budgeted through account 011 - 0534 - 000312. Grant Funding will not be utilized for
this project.
Legislative Tracking
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Office of the City Attorney/Tourism Culture and Economic Development/Procurement
ATTACHMENTS:
Description
o
Form Approved Reso
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