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2013-28164 Reso RESOLUTION NO. ton-2R1 h4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND STRATEGIC ADVISORY GROUP, DATED OCTOBER 19, 2011, FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT; SAID AMENDMENT, IN AN AMOUNT NOT TO EXCEED $240,945, INCLUDING ALL REIMBURSABLE EXPENSES, WITH PREVIOUSLY APPROPRIATED FUNDS FROM FY 2012/2013 OPERATING BUDGET FUND 168 RDA CITY CENTER OPERATIONS. WHEREAS, on October 19, 2011, via Resolution No. 2011-27778, the City Commission authorized the Mayor and City Clerk to enter into an agreement with Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the MBCC District, pursuant to Request for Proposals (RFP) No 33-10/11, in an amount not to exceed $175,000, including all reimbursable expenses (the Agreement); and WHEREAS, SAG, as part of its scope of services, assisted the City in drafting the Request for Qualifications (RFQ)for the master development of the MBCC District; and WHEREAS, on January 11, 2012, the City Commission authorized the Administration to issue Request for Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use Development in Miami Beach for the Enhancement of the MBCC District, Including the Expansion of the Miami Beach Convention Center and Development of a Convention Center Hotel (the RFQ); the RFQ was issued on February 7, 2012; and WHEREAS, at the December 12, 2012 City Commission meeting, the City Commission accepted the recommendation of the City Manager and short-listed first ranked Portman CMC and second ranked South Beach ACE to move forward to Phase II of the RFQ; and WHEREAS, as part of Phase II of the RFQ, Portman CMC and South Beach ACE are required to prepare a detailed proposal for their proposed development of the MBCC District; and WHEREAS, SAG will assist with the negotiation of Letters of Intent (LOI's) with the shortlisted proposers, which will include the scope of the renovation and design for the MBCC, the phasing plan, the financing plan, land lease terms and other economic impacts, hotel room blocks, and traffic impacts; and WHEREAS, the Administration will require SAG's continued professional industry consulting services for Phase II work, including assistance with the extensive public master planning process with the community, and the negotiations of the LOI's with Portman CMC and South Beach ACE; and WHEREAS, the Administration negotiated a lump sum fee for SAG to complete all of the work associated with Phase II of this project, from January 2013 through June 2014; and WHEREAS, as a result of the City Commission action on February 6, 2013, the attached Amendment to the Agreement includes additional scope of services and associated fees for SAG to complete all Phase 11 work over 18 months, through June 2014. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment to the Professional Services Agreement between the City and Strategic Advisory Group, dated October 19, 2011, for consulting services relative to the expansion and enhancement of the Miami Beach Convention Center Campus/District, in an amount not to exceed $240,945, including all reimbursable expenses, with previously appropriated funds from FY 2012/2013 operating budget fund 168 RDA City Center operations. PASSED AND ADOPTED THIS 13th DAY OF MARCH 2013. ATTEST: \ BFI * INCORP ORATED' ' C;V CITY CLERIC :: ............n�Ob CH 25 TAAGENDA\2013\1Vlarch 13\SAG Consultant MBCC Reso Phase 2.docx APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Alto Date COMMISSION ITEM SUMMARY Condensed Title: FA resolution approving and authorizing the Mayor and City Clerk to execute an amendment to the Professional Services Agreement between the City of Miami Beach and Strategic Advisory Group dated October 19, 2011 for consulting services relative to the expansion and enhancement of the Miami Beach Convention Center campus/district in an amount not to exceed $240,945, including all reimbursable expenses, from previously appropriated funds from FY 21012/2013 Fund 168 RDA City Center. Key Intended Outcome Supported: Improve the Convention Center Facility Supporting Data (Surveys, Environmental Scan, etc.): The Strategic Plan 2011 Update indicates that occupancy at Miami Beach Convention Center in FY 2010/11 was 54%. Item Summary/Recommendation: On October 19, 2011, via Resolution No. 2011-27778, the City Commission authorized the Mayor and City Clerk to enter into an agreement between the City and Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the MBCC District, pursuant to Request for Proposals (RFP) No 33-10/11 in an amount not to exceed $175,000, including all reimbursable expenses. On.'January 11, 2012, the City Commission authorized the Administration to issue Request for Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use Development in Miami Beach for the Enhancement of the MBCC District, Including the Expansion of the Miami Beach Convention Center and Development of a Convention Center Hotel (the RFQ). The RFQ was issued on February 7, 2012. At the December 12, 2012 City Commission meeting, the Commission accepted the recommendation of the City Manager and short-listed first ranked Portman CIVIC and second ranked South Beach ACE to move forward to Phase II of the RFQ. The Administration will require SAG's continued professional industry consulting services for Phase II work, including assistance with the extensive public master planning process with the community, and the negotiations of the LOls with Portman CIVIC and South Beach ACE. SAG, will manage, in conjunction with the City Administration, the Master Planning and LOI Negotiations process including the following: Project oversight, Managing and maintaining the schedule, Preparing agendas and facilitating project meetings, Participating in public forums and commission meetings, Drafting and reviewing written correspondence related to the project, Preparing presentation materials, Facilitating developer discussions, Participating in design review meetings,Answering developer questions, Drafting the LOI template, Economic impact analysis, Negotiating the LOI, and Reviewing and commenting on legal documents. As a result of the aforementioned City Commission action on February 6, 2013, the contract amendment presented for consideration includes additional scope of services and associated fees for SAG to complete all Phase 11 work over 18 months through June 2014. The Amendment to SAG's Professional Services Agreement (Attachment A) summarizes the Phase II Scope of Services and schedule. SAG will bill professional fees based on the time spent on the project, multiplied by the hourly billing rates listed in the Contract Amendment, up to an amount not to exceed $240,945, including all reimbursable expenses (e.g. travel, supplies, etc). These fees already account for work performed in January and February 2013, which based on the monthly average for Phase II work is$33,139 per month. SAG currently anticipates being completed with the scope of services by June 2014. Advisory Board Recommendation: N/A Financial Information: e of Funds.- Amount Account Approved 1 $ 132,557 (FY 2012/13) 168-1985-000312 2 $ 108,388 TBD OBPI Total $ 240,945 Financial Impact Summary: City Clerk's Office Legislative Tracking: City Manager's Office Sign-Offs: Department Director Assistant City Manager C' Manager JGG KGB T:IAGENDA120131March 131SAG MBCC Phase 2 Consulting Services SUMMAR .doc EACH AGENDA ITEM � I AAAAAM DATE 3 ® MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of th City Commission FROM: Kathie G. Brooks, City Manager DATE: March 13, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP DATED OCTOBER 19, 2011 FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT IN AN AMOUNT NOT TO EXCEED $240,945, INCLUDING ALL REIMBURSABLE EXPENSES, WITH PREVIOUSLY APPROPRIATED FUNDS FROM FY 2012/2013 OPERATING BUDGET FUND 168 RDA CITY CENTER OPERATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $66,278 previously approved for services provided in January and February 2013, plus $132,557 is available in Fund 168 RDA City Center Operations, Account Number 168-1985-000312. Funding for the balance of $108,388 will be identified in June 2013. The City is pursuing reimbursement of SAG's fees for both Phase I and Phase II as provided in the County General Obligation Bond Agreement for the Convention Center and the City anticipates using these funds to pay for the balance of services. BACKGROUND On October 19, 2011, via Resolution No. 2011-27778, the City Commission authorized the Mayor and City Clerk to enter into an agreement between the City and Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the MBCC District, pursuant to Request for Proposals (RFP) No 33-10/11 in an amount not to exceed $175,000, including all reimbursable expenses. SAG, as part of its scope of services, assisted the City in drafting the Request for Qualifications (RFQ) for the master development of the MBCC District. On January 11, 2012, the City Commission authorized the Administration to issue Request for Qualifications No. 22-11/12 for Qualified Developers for a Public-Private Mixed-Use Development in Miami Beach for the Enhancement of the MBCC District, Including the Expansion of the Miami Beach Convention Center and Development of a Convention Center Hotel (the RFQ). The RFQ was issued on February 7, 2012. The primary objectives of the RFQ are to: 1. Improve the Convention Center (hereinafter also referred to as the MBCC); 2. Facilitate the ability of the MBCC to attract high impact conventions, meetings, and tradeshows in SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 2 of 5 an increasingly competitive environment; and 3. Redevelop the surrounding area, including transforming the MBCC District into a new vibrant neighborhood with year-round activities; increasing outdoor public space; creating a walkable district providing connectivity between the MBCC and Lincoln Road and the City's historical and cultural district; providing iconic architecture in keeping with the City's history of significant design; incorporating sustainable (LEED) design principles; while being sensitive to the surrounding residential neighborhoods (particularly with respect to traffic and scale); and offering optimal economic and community benefits to the City. RFQ PHASE During Phase I of the RFQ, Proposers were evaluated based on their experience with undertaking comparable urban mixed-use master development projects of the magnitude contemplated. Similarly, the Proposers' "Lead Architects" were evaluated on their relevant experience in providing design services for comparable urban mixed-use master developments. On the RFQ deadline of April 23, 2012, the City received qualifications packages in response to the RFQ (the proposals) from eight (8) Proposers, three (3) subsequently withdrew their proposals, leaving the following five (5) Proposers to evaluate: • CConnectMB • Portman CMC • Rida Development Corporation • South Beach ACE • Turnberry Lincoln Village, LLC On November 20, 2012, the Evaluation Committee convened and heard presentations. The Committee scored and ranked the Proposers, and recommended to the City Manager to shortlist first-ranked Portman CMC and second-ranked South Beach ACE to move forward to Phase II of the RFQ. SAG also recommended to the City Manager to shortlist only the two (2) top-ranked Proposers, Portman CMC and South Beach ACE. At the December 12, 2012 City Commission meeting, the Commission accepted the recommendation of the City Manager and short-listed first ranked Portman CMC and second ranked South Beach ACE to move forward to Phase II of the RFQ. RFQ PHASE II As part of Phase II of the RFQ, Portman CMC and South Beach ACE are required to prepare a detailed proposal for their proposed development of the MBCC District. This Phase, as part of the preparation of the detailed proposal, will include what the City Administration expects to be extensive community involvement to gain input on local needs and concerns. Additional meetings will also be held with the shortlisted Proposers to gather information on the improvement needs of the MBCC to develop the scope of services for the MBCC enhancement and expansion. Several community meetings and City Commission workshops will be held to review each Proposer's Master Plan, prior to final consideration and selection of the final "Master Developer". In addition to the Master Plan for the site (which will include respective project renderings, a breakdown of proposed uses, and square footages of each use), the short-listed Proposers' "detailed proposal" will also include proposals for enhancing public open spaces, a renovation and expansion plan for the MBCC, a proposal for a convention center hotel, a phasing and absorption plan, financing plan (including, at minimum, a 30-year financial pro forma), a preliminary traffic impact analysis, any request SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 3 of 5 for public assistance, and a summary of projected new City revenues to be generated by the proposed development, including estimated impacts to the City's tourism economy against baseline criteria. Concurrent therewith, the City Manager, with SAG's assistance, will negotiate Letters of Intent (LOIs) with the shortlisted Proposers. Some of the items that will be negotiated in the LOI includes the scope of the renovation and design for the MBCC, the phasing plan, the financing plan, land lease terms (if required) and other economic impacts, hotel room blocks, and traffic impacts. The negotiated LOI's will then be presented to the City Commission for consideration and further action. The Administration will require SAG's continued professional industry consulting services for Phase II work, including assistance with the extensive public master planning process with the community, and the negotiations of the LOIs with Portman CIVIC and South Beach ACE. The item was originally presented to the City Commission at the February 6, 2013 meeting. Commissioner Tobin requested the Administration negotiate a lump sum fee for SAG to complete all of the work associated with Phase II of this project. The item was initially tabled to allow staff to negotiate an all inclusive fee with SAG. Subsequently, staff returned and distributed a cost analysis from SAG, which included an all inclusive fee of$307,223 for eighteen (18) months of work through June 2014. At the time, Commissioner Tobin expressed that he preferred to have more time to review the new figures. A motion was approved authorizing payment of the monthly average for Phase II work performed and to return to the March City Commission meeting to consider the balance of the proposed agreement and associated fee. ANALYSIS Scope of Work A copy of the Professional Services Agreement Amendment is attached for your review. Below is a summary of the scope of services to be performed by SAG during Phase II. SAG, will manage, in conjunction with the City Administration, the Master Planning and LOI Negotiations process including the following: • Project oversight — this includes assisting the City on how to best maximize the City's assets, informing the City on how to potentially generate maximum private investment, updating the City on the status of the project, and assisting the City with the resolution of any issues that may arise as the project progresses. • Managing and maintaining the schedule —this includes taking the lead role in creating, modifying, communicating, and administering the attached schedule (Exhibit 1) with both the City team and the short listed developers. The goal of this process will be to complete a master plan and LOI from each short listed team by the targeted date. • Preparing agendas and facilitating project meetings — The attached schedule includes numerous meetings and work sessions. SAG will be responsible for preparing the agenda for each meeting, ensuring participants are informed of expectations, and facilitating each meeting as appropriate. • Participating in public forums and commission meetings. There are four public community meetings and four City Commission meetings currently planned. It is our goal to create an environment whereby the community speaks directly to the short-listed development teams, not an intermediary consultant. Nevertheless, SAG will facilitate the meetings, meet in advance with leaders to prepare, and ensure the proper presentation materials are prepared. SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 4 of 5 For the Commission meetings, SAG will assist with drafting briefing information, participate in Commission member advance briefings, and prepare apple-to-apples comparisons to ensure the Commission is presented with comparable data for their decision making process. • Drafting and reviewing written correspondence related to the project — SAG will assist with the drafting and/or reviewing project information. This will include project update memorandums, proposal comparisons, and correspondence to the development teams. • Preparing presentation materials — SAG will prepare presentation materials when required. In addition, SAG will assist each development team with preparing their materials to ensure each team presents like data in a similar fashion. • Facilitating developer discussions — SAG will assist with the numerous meetings, conference calls, and discussions with the short listed teams to communicate the City's objectives, deliverable expectations, financing options, master plan issues, etc. • Participating in design review meetings — SAG will participate and coordinate the planned design review meetings. Our main role will be to monitor how each team is moving forward and ensure the Commission, community, convention center, City and other stakeholder issues are being addressed. • Answering developer questions — SAG will be the clearinghouse to answer developer questions as they arise, ensuring the proper team member from the City team is counseled, and that the answer is communicated. • Drafting the LOI template — SAG will draft, in conjunction with the City's legal team, a letter of intent template outlining the broad terms for the proposal. The LOI will address: diagrams and renderings communicating the vision for the site; square foot program for each component; phasing plan and project absorption schedule; development cash flows (revenues, expense, capital, etc.) for each component, with a summary of significant assumptions, demonstrating financial viability; terms for leasing land for private development; plan for raising capital and known funding commitments; scope of services and fee for management of the renovation and expansion of the MBCC and any other public assets requested to be developed; scope of services and fee for design of the renovation and expansion of the MBCC and any other public assets requested to be developed; requested role of the City; hotel room-block commitment; and the plan to involve the community in the refinement of the vision. • Economic impact—one of the requirements of the RFQ is for each short listed team to provide an analysis of the economic impact of the proposed master plan, with documentation supporting how the estimated economic impact was derived. In addition each team must provide a summary of City revenues generated by the private components of the project over time, including property taxes, hotel taxes and sales taxes. SAG will provide guidance to each team on how these analyses are to be completed to enable an apples-to-apples comparison of the proposals. This will include providing each team with a common methodology and assumptions for each calculation. • Negotiating the LOI — SAG will work in concert with the City legal team to negotiate the LOls. This will entail numerous conference calls and meetings to ensure each proposal addresses all issues and that each is as favorable to the City as possible. • Referendum — Assist with providing project, financial and market information for the referendum initiative. • Reviewing and commenting on legal documents — Once the LOI is accepted by the City Commission, SAG will work with the City legal team to assist with reviewing the legal documents SAG MBCC Phase 2 Consulting Services City Commission Meeting March 13, 2013 Page 5 of 5 to ensure LOI concepts are documented as intended. Attend negotiating sessions with the selected developer and legal to negotiate the detailed contracts. FEE AND SCHEDULE INFORMATION As a result of the aforementioned City Commission action on February 6, 2013, the contract amendment presented for consideration includes additional scope of services and associated fees for SAG to complete all Phase II work over 18 months through June 2014. The Amendment to SAG's Professional Services Agreement (Attachment A) summarizes the Phase II Scope of Services and schedule. SAG will bill professional fees based on the time spent on the project, multiplied by the hourly billing rates listed in the Contract Amendment, up to an amount not to exceed $240,945, including all reimbursable expenses (e.g. travel, supplies, etc). These fees already account for work performed in January and February 2013, which based on the monthly average for Phase II work is $33,139 per month. SAG currently anticipates being completed with the scope of services by June 2014. In addition, the Administration will also pursue reimbursement for a portion of SAG's fee for both Phase I and Phase II as provided in the County GO Bond Agreement for the Convention Center. SAG's proposed fee is in line with their contracted fees for other projects, including Houston, Washington DC, and Salt Lake City. SAG's proposed fee for the City of Miami Beach is higher than its contract fee for Houston, because the Houston project was only for a hotel, and its developer selection and Council approval was completed in only three (3) months. There were no community meetings in Houston. The Phase I process for our Convention Center RFQ had a much longer duration for selection of the shortlisted developers, and Phase II of the RFQ will require several months of community involvement, and City Commission workshops and individual briefings, prior to selection of the final developer. Conversely, SAG's fee for its work in Washington DC, while only for a hotel development, is significantly higher because the process there took place over multiple years, as it was put on hold and then started again, and the scope of services were also expanded to include land acquisition and assembly, a public subsidy package that had to be approved by Congress, and construction management. The Administration believes SAG's proposed fee for the Phase II services are reasonable. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution approving and authorizing the Mayor and City Clerk to execute an amendment to the Professional Services Agreement between the City of Miami Beach and Strategic Advisory Group dated October 19, 2011 for consulting services relative to the expansion and enhancement of the Miami Beach Convention Center campus/district in an amount not to exceed $240,945, from previously appropriated funds from FY 21012/2013 Operating Budget Fund 168 RDA City Center Operations. T:WGENDA\2013\2-6-13\SAG MBCC Phase 2 Consulting Services MEMO.doc StratepicAdvisoryGroup Amendment #2 PROFESSIONAL SERVICES AGREEMENT DATED OCTOBER 19, 2011 BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT, PURSUANT TO REQUEST FOR PROPOSALS (RFP)NO 33-10/11 March 1, 2013 The following amends Strategic Advisory Group's ("SAG") scope of services, professional fees, and Term pursuant to our agreement dated October 19, 2011 to provide consulting services relative to the expansion and enhancement of the Miami Beach Convention Center Campus/District. ADDITIONAL. SCOPE OF SERVICES SAG, will manage, in conjunction with City staff, the Master plan/LOI process outlined in Exhibit 1. This will include: • Project oversight — this includes assisting the City on how to best maximize the City's assets, informing the City on how to potentially generate maximum private investment, updating the City on the status of the project, and assisting the City with the resolution of any issues that may arise as the project progresses. • Managing and maintaining the schedule — this includes taking the lead role in creating, modifying, communicating, and administering the attached schedule (Exhibit 1) with both the City team and the short listed developers. The goal of this process will be to complete a master plan and LOI from each short listed team by the targeted date. • Preparing agendas and facilitating project meetings — The attached schedule includes numerous meetings and work sessions. SAG will be responsible for preparing the agenda for each meeting, ensuring participants are informed of expectations, and facilitating each meeting as appropriate. • Participating in public forums and commission meetings. There are four public community meetings and four City Commission meetings currently planned. It is our goal to create an environment whereby the community speaks directly to the short-listed development teams, not an intermediary consultant. Nevertheless, SAG will facilitate the 3848 Saint Annes Court • Duluth, GA 30096 • (678)584-0705 r StrategicAdvisoryGroup meetings, meet in advance with leaders to prepare, and ensure the proper presentation materials are prepared. For the Commission meetings, SAG will assist with drafting briefing information, participate in Commission member advance briefings, and prepare apple-to-apples comparisons to ensure the Commission is presented with comparable data for their decision making process. • Drafting and reviewing written correspondence related to the project — SAG will assist with the drafting and/or reviewing project information. This will include project update memorandums, proposal comparisons, and correspondence to the development teams. • Preparing presentation materials — SAG will prepare presentation materials when required. In addition, SAG will assist each development team with preparing their materials to ensure each team presents like data in a similar fashion. • Facilitating developer discussions — SAG will assist with the numerous meetings, conference calls, and discussions with the short listed teams to communicate the City's objectives, deliverable expectations, financing options, master plan issues, etc. • Participating in design review meetings — SAG will participate and coordinate the planned design review meetings. Our main role will be to monitor how each team is moving forward and ensure the Commission, community, convention center, City and other stakeholder issues are being addressed. • Answering developer questions — SAG will be the clearinghouse to answer developer questions as they arise, ensuring the proper team member from the City team is counseled, and that the answer is communicated. • Drafting the LOI template — SAG will draft, in conjunction with the City's legal team, a letter of intent template outlining the broad terms for the proposal. The LOI will address: diagrams and renderings communicating the vision for the site; square foot program for each component; phasing plan and project absorption schedule; development cash flows (revenues, expense, capital, etc.) for each component, with a summary of significant assumptions, demonstrating financial viability; terms for leasing land for private development; plan for raising capital and known funding commitments; scope of services and fee for management of the renovation and expansion of the MBCC and any other public assets requested to be developed; scope of services and fee for design of the renovation and expansion of the MBCC and any other public assets requested to be developed; requested role of the City; hotel room-block commitment; and the plan to involve the community in the refinement of the vision. • Economic impact — one of the requirements of the RFQ is for each short listed team to provide an analysis of the economic impact of the proposed master plan, with documentation supporting how the estimated economic impact was derived. In addition each team must provide a summary of City revenues generated by the private components of the project over time, including property taxes, hotel taxes and sales taxes. 2 StrategicAdvisoryGroup r-r,n rr"n T-, SAG will provide guidance to each team on how these analyses are to be completed to enable an apples-to-apples comparison of the proposals. This will include providing each team with a common methodology and assumptions for each calculation. • Negotiating the LOI— SAG will work in concert with the City legal team to negotiate the LOIs. This will entail numerous conference calls and meetings to ensure each proposal addresses all issues and that each is as favorable to the City as possible. • Referendum — Assist with providing project, financial and market information for the referendum initiative. • Reviewing and commenting on legal documents — Once the LOI is accepted by the City Commission, SAG will work with the City legal team to assist with reviewing the legal documents to ensure LOI concepts are documented as intended. Attend negotiating sessions with the selected developer and legal to negotiate the detailed contracts. ADDTI'IONAL FEES Exhibit 2 presents an estimate of the hours for each task, fees and expenses beginning January 1, 2013, assuming two firms are shortlisted. Fees and expenses are not to exceed $240,936 during the Term in this amendment. Fees and expenses will increase if the City materially alters the schedule in Exhibit 1. SAG's fees will be based on the time worked on the project multiplied by the hourly rates in Exhibit 2. Each invoice will include a summary of the tasks completed by day by person. Travel expenses will be paid in addition to fees. Expenses for airfare, rental car, taxi, hotel and any third party data will be invoiced based on the actual amount, without markup. Meals will be invoiced based on the City of Miami Beach's per diem rate which are currently $22.64 for breakfast, $20.14 for lunch and $36.38 for dinner. Invoices shall be submitted monthly and the City shall pay invoices within 30 days of receipt. TERM This agreement shall begin on March 1, 2013 and end on June 30, 2014. 3 StrategicAdvisoryGroup IN WITNESS WHEREOF, the parties by their duly authorized representatives have caused this Subcontract Agreement to be executed as of the date first written above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Clerk Mayor FOR CONSULTANT: STRATEGIC ADVISORY GROUP LLC ATTEST: By: Thomas Reifert, Partner Jeffrey Sachs, Managing Partner 4 StrategicAdvisoryGroup Exhibit 1 Design/L,OI Process Dec 17 Conference Call City/SAG - Project Schedule Dec 18 Conference Call City/SAG - City Funding Available Dec 20 Conference Call City/SAG/Portman - Project Schedule Dec 21 Conference Call City/SAG/Tishman - Project Schedule Jan 8 City/SAG/Tishman - Kick Off Meeting, MBCC Walk-Through Jan 9 City/SAG/Portman - Kick Off Meeting, MBCC Walk-Through Jan 29 Eve Public Community Meeting#I -Gather initial public input Feb 26 City/SAG/Portman - Internal Preliminary Master Plan Review Feb 27 City/SAG/Tishman - Internal Preliminary Master Plan Review Feb 27 Eve Public Community Meeting#2 • Guiding Principles for Master Plan based on community input • Master Plan Concept (bubble diagrams) Feb 28 City Commission Workshop#1 • Guiding Principles for Master Plan based on community input • Master Plan Concept (bubble diagrams) Mar 26 City/SAG/Portman - Internal Master Plan Review Mar 27 City/SAG/Tishman - Internal Master Plan Review Mar 27 eve City Commission Workshop 42 & Public Community Meeting#3 • 3D Massing diagrams April 5 Initial LOI terms due to the Administration April LOI review and negotiations April 26 Final Masterplan deliverables and LOI due May 8 eve Public Community Meeting#4 • Complete Master Plans May 15 City Commission Workshop 43 -(opportunity#5 for public participation) • Complete Master Plans • Proposed LOI Terms Jun 5 City Commission Meeting 5 StrategecAdvisoryGroup ■ Selection of the Final Proposer based on LOIs and Master Plans Jun/July Term Sheet negotiations with selected team July 17 City Commission Meeting ■ Final negotiated Term Sheets presented to City Commission 6 o LO to o 0 0 0 0 0 0 0 0 0 o LO 0 0 00 o O co Mao to 0 I- N 0 0 00 0 0 0 0 0 0 0 M M 0 0 0 LO M co N I- 'a I- qcT o O 0 N N N O N O M W N LO LO N CO) N N (7) N r M LO " d i LO I, O N N M N LO 00 ( O O ' 00 h CO O W r N N LO O O O co N W LL b9 Efl 6R Eft Efl a Efl 69 Et? 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N () (6 C f/� LC W LL w N 0) atS a c C a c 0) O o o W 0) M L C O 0) W C C O co QO c c co c E w " m N .� ca w " as S E .� co 'm wa 3 o � Q m } E v .� CA > a �v � LCa Q ° o Leo ( m c v a� aoi O > > o vi a>> ai O o �a m � ac� � aaoau aaowz LL LL F- F- � m X13- zz (o { �/3 / StrategicAdves®ryGr®up /3 Amendment PROFESSIONAL SERVICES AGREEMENT DATED OCTOBER 19, 2011 BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT,PURSUANT TO REQUEST FOR PROPOSALS (RFP)NO 33-10/11 March 1, 2013 The following amends Strategic Advisory Group's ("SAG") scope of services, professional fees, and Term pursuant to our agreement dated October 19, 2011 to provide consulting services relative to the expansion and enhancement of the Miami Beach Convention Center Campus/District. ADDI'T'IONAL SCOPE OF SERVICES SAG, will manage, in conjunction with City staff, the Master plan/LOI process outlined in Exhibit 1. This will include: • Project oversight — this includes assisting the City on how to best maximize the City's assets, informing the City on how to potentially generate maximum private investment, updating the City on the status of the project, and assisting the City with the resolution of any issues that may arise as the project progresses. • Managing and maintaining the schedule — this includes taking the lead role in creating, modifying, communicating, and administering the attached schedule (Exhibit 1) with both the City team and the short listed developers. The goal of this process will be to complete a master plan and LOI from each short listed team by the targeted date. • Preparing agendas and facilitating project meetings — The attached schedule includes numerous meetings and work sessions. SAG will be responsible for preparing the agenda for each meeting, ensuring participants are informed of expectations, and facilitating each meeting as appropriate. • Participating in public forums and commission meetings. There are four public community meetings and four City Commission meetings currently planned. It is our goal to create an environment whereby the 3848 Saint Annes Court • Duluth,GA 30096 • (678)584-0705 StrategicAdvisoryGroup community speaks directly to the short-listed development teams, not an intermediary consultant. Nevertheless, SAG will facilitate the meetings, meet in advance with leaders to prepare, and ensure the proper presentation materials are prepared. For the Commission meetings, SAG will assist with drafting briefing information, participate in Commission member advance briefings, and prepare apple-to-apples comparisons to ensure the Commission is presented with comparable data for their decision making process. • Drafting and reviewing written correspondence related to the project — SAG will assist with the drafting and/or reviewing project information. This will include project update memorandums, proposal comparisons, and correspondence to the development teams. • Preparing presentation materials—SAG will prepare presentation materials when required. In addition, SAG will assist each development team with preparing their materials to ensure each team presents like data in a similar fashion. • Facilitating developer discussions— SAG will assist with the numerous meetings, conference calls, and discussions with the short listed teams to communicate the City's objectives, deliverable expectations, financing options, master plan issues, etc. • Participating in design review meetings — SAG will participate and coordinate the planned design review meetings. Our main role will be to monitor how each team is moving forward and ensure the Commission, community, convention center, City and other stakeholder issues are being addressed. • Answering developer questions — SAG will be the clearinghouse to answer developer questions as they arise, ensuring the proper team member from the City team is counseled, and that the answer is communicated. • Drafting the LOI template — SAG will draft, in conjunction with the City's legal team, a letter of intent template outlining the broad terms for the proposal. The LOI will address: diagrams and renderings communicating the vision for the site; square foot program for each component; phasing plan and project absorption schedule; development cash flows (revenues, expense, capital, etc.) for each component, with a summary of significant assumptions,demonstrating financial viability; terms for leasing land for private development; plan for raising capital and known funding commitments; scope of services and fee for management of the renovation and expansion of the MBCC and any other public assets requested to be developed; scope of services and fee for design of the renovation and expansion of the MBCC and any other public assets requested to be developed; requested role of the City; hotel room-block commitment; and the plan to involve the community in the refinement of the vision. • Economic impact — one of the requirements of the RFQ is for each short listed team to provide an analysis of the economic impact of the 2 StrategicAdvisoryGroup proposed master plan, with documentation supporting how the estimated economic impact was derived. In addition each team must provide a summary of City revenues generated by the private components of the project over time, including property taxes, hotel taxes and sales taxes. SAG will provide guidance to each team on how these analyses are to be completed to enable an apples-to-apples comparison of the proposals. This will include providing each team with a common methodology and assumptions for each calculation. • Negotiating the LOI — SAG will work in concert with the City legal team to negotiate the LOIs. This will entail numerous conference calls and meetings to ensure each proposal addresses all issues and that each is as favorable to the City as possible. • Referendum — Assist with providing project, financial and market information for the referendum initiative. • Reviewing and commenting on legal documents — Once the LOI is accepted by the City Commission, SAG will work with the City legal team to assist with reviewing the legal documents to ensure LOI concepts are documented as intended. Attend negotiating sessions with the selected developer and legal to negotiate the detailed contracts. ADDITIONAL FEES Exhibit 2 presents an estimate of the hours for each task, fees and expenses beginning January 1, 2013, assuming two firms are shortlisted. Fees and expenses are not to exceed $240,945 during the Term in this amendment. Fees and expenses will increase if the City materially alters the schedule in Exhibit 1. SAG's fees will be based on the time worked on the project multiplied by the hourly rates in Exhibit 2. Each invoice will include a summary of the tasks completed by day by person. Travel expenses will be paid in addition to fees. Expenses for airfare, rental car, taxi, hotel and any third party data will be invoiced based on the actual amount, without markup. Meals will be invoiced based on the City of Miami Beach's per diem rate which are currently $22.64 for breakfast, $20.14 for lunch and $36.38 for dinner. Invoices shall be submitted monthly and the City shall pay invoices within 30 days of receipt. TERM This agreement shall begin on March 1, 2013 and end on June 30, 2014. 3 StrategicAdvisoryGroup IN WITNESS WHEREOF, the parties by their duly authorized representatives have caused this Amendment to be executed as of the date first written above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By. City Jerk ! ��... '.�q or INCORP ORATED: �R.. �C/ CH2 - shy FOR CONSULTANT: STRATEGIC ADVISORY GROUP LLC ATTEST- By:Y: Thoma Reifert, Partner J Sachs, Managing Partner APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION City Attorn r n Date 4 StrategicAdvisoryGroup Exhibit 1 Design/L01 Process Dec 17 Conference Call City/SAG - Project Schedule Dec 18 Conference Call City/SAG -City Funding Available Dec 20 Conference Call City/SAG/Portman - Project Schedule Dec 21 Conference Call City/SAG/Tishman-Project Schedule Jan 8 City/SAG/Tishman -Kick Off Meeting, MBCC Walk-Through Jan 9 City/SAG/Portman-Kick Off Meeting,MBCC Walk-Through Jan 29 Eve Public Community Meeting#l -Gather initial public input Feb 26 City/SAG/Portman- Internal Preliminary Master Plan Review Feb 27 City/SAG/Tishman - Internal Preliminary Master Plan Review Feb 27 Eve Public Community Meeting#2 • Guiding Principles for Master Plan based on'community input • Master Plan Concept(bubble diagrams) Feb 28 City Commission Workshop#1 ■ Guiding Principles for Master Plan based on community input • Master Plan Concept(bubble diagrams) Mar 26 City/SAG/Portman- Internal Master Plan Review Mar 27 City/SAG/Tishman -Internal Master Plan Review Mar 27 eve City Commission Workshop 42& Public Community Meeting#3 • 3D Massing diagrams April 5 Initial LOI terms due to the Administration April LOI review and negotiations April 26 Final Masterplan deliverables and LOI due May 8 eve Public Community Meeting 44 • Complete Master Plans May 15 City Commission Workshop#3 -(opportunity#5 for public participation) • Complete Master Plans • Proposed LOI Terms 5 StrategicAdvisoryGroup �Tn �T�- Jun 5 City Commission Meeting ■ Selection of the Final Proposer based on LOIs and Master Plans Jun/July Term Sheet negotiations with selected team July 17 City Commission Meeting ■ Final negotiated Term Sheets presented to City Commission 6 a p O In In 0 0 0 0 0 0 0 0 00 0 In w O O O O CO 00 M a0 to In h N 1n 0 0 0 0 0 In In O In O M M In O O Ln Cl) 00 N I- -4 I� M T I,- V O O LO N N N O N M M W N Ln LO N T N N N M T M In V O I L (- O N N M N Ln CO (O O O ' ' M t• O O (n T T T T T T T N I- N M T T In O T a M (0 N LU W LL EA -, (fl Efl EH 69 EA (i4 64 69 ER d4 H4 -s -, fR 'o ER -, 69 H4 IA fR (fl tH J Q O Ln Ln 0 a0 O O O O 0 O Ln Ln M O O O OV) M It N IT M V) LO (O M It It Il- N LO (O LO H O N w O O O O (O O O O O In 0 u') O N O O O N N T T T CO T CO T T M T N Ix 69 to O N co M T M M L cm W C L O Ln LO O N O O O O O O O O N O O O 0 CO CO N T M N N "t M N M T (O M (f) (O 00 M T 2 Cl) M O O � = to (0 a D o aUi Mn (7 O N E O s ° > N o In c ° ° V m (a o c a) � LU O C @ O O U O C E N N N E C N O . 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