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2015-29190 Reso ,— - - RESOLUTION NO, 2015-29190 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 NO. 8 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 IN AN AMOUNT NOT TO EXCEED $700,000.00, INCLUDING ALL REIMBURSABLE EXPENSES. WHEREAS, on October 19, 2011, 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 Miami Beach Convention Center District, in an amount not to exceed $175,000; and WHEREAS, on January 11, 2012, the City Commission authorized the issuance of 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 "2012 RFQ"); and WHEREAS, on February 6, 2013, and March 13, 2013, the Commission authorized Amendments No. 1 and 2 to the SAG Agreement, respectively, for additional services relative to the 2012 RFQ; WHEREAS, on January 15, 2014, the City Commission adopted Resolution No. 2014- 28479, canceling the 2012 RFQ and directing the Administration to prepare a new RFP or RFQ for design-build or design services for the renovation of the Convention Center, and further directing the Administration to identify potential sites for a Convention Center Headquarter Hotel; and WHEREAS, on February 12, 2014, the City Commission approved the issuance of RFQ 2014-142ME, for a Design Criteria Professional to prepare a Design Criteria Package for the Convention Center Renovation Project, and authorized the City Manager to negotiate and execute any additional contracts, as required, in order to expedite this process, including but not limited to additional amendments to the SAG Agreement; and WHEREAS, Amendments No. 3 and 4, totaling $548,900, were executed pursuant to the Commission's February 12, 2014 directive, covering all of SAG's services from the beginning of the current design-build RFQ process through the anticipated selection of a Design-Builder in 2015 and execution of a Design-Build Agreement; and WHEREAS, on September 10, 2014 the City Commission directed the Administration to work with the Greater Miami Convention and Visitors Bureau to create a performance-based contract that outlines specific goals, objectives and success measures for any future Convention Center marketing agreement; and WHEREAS, Amendment No. 5, for consulting services associated with the development of a Convention Center Headquarter Hotel, was executed in an amount not to exceed $30,000; and WHEREAS, on December 18, 2014, the City Commission authorized the Mayor and City Clerk to execute Amendment No. 6 for the additional services associated with the procurement process of the hotel developer, in an amount not to exceed $166,375; and WHEREAS, on February 11, 2015, the City Commission elected to re-bid the Project under a Construction Manager-at-Risk (CMAR) project delivery method; and WHEREAS, on May 20, 2015, the Commission authorized Amendment No. 7, which provides for SAG's continuing services related to the pre-construction phase services through December 31, 2015, for a not to exceed amount of $198,825, and for asset management services to guide, monitor and oversee the transformation of the sales and marketing efforts, event and revenue focus, branding and operating strategies of the new Convention Center, for a not-to-exceed amount of$160,000; and WHEREAS, the proposed Amendment No. 8 provides for: 1) an extension of SAG's Convention Center project services on a more limited basis through the Construction Phase period ending July 31, 2018; 2) an extension of SAG's asset management services through March 31, 2017; and 3) an extension of SAG's services related to Amendment 6 for consulting services relative to the Convention Center hotel development, if the referendum related to the Hotel Development and Ground Lease Agreement is approved in a special election on March 15, 2016; and WHEREAS, SAG's fees are based on time worked on the project multiplied by the hourly rates, which have been reduced from the rates approved in the original Agreement. 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 approve and authorize the Mayor and City Clerk to execute Amendment No. 8 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, in an amount not-to-exceed $700,000.00, including reimbursable expenses. PASSED and ADOPTED • c2/ day of October, 2015. s� a p° Philip r ATTESTED BY /������� �a ✓ APPROVED ASTO J? J'4 2 „ &FOR EX ECUON ael E. Granado, y Cler �h OCT 2 2 2015 it7V45 City Attorney p Oats COMMISSION ITEM SUMMARY Condensed Title: 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 No. 8 To The Professional Services Agreement Between The City Of Miami Beach And Strategic Advisory Group(SAG) Dated October 19, 2011, For Consulting Services Relative To The Expansion And Enhancement Of The Miami Beach Convention Center, In An Amount Not To Exceed $700,000, Including Reimbursable Expenses. Key Intended Outcome Supported: Improve alliance with key business sectors, namely hospitality, arts& international business with a focus on enhanced culture, entertainment&tourism. Supporting Data(Surveys, Environmental Scan,etc N/A Item Summary/Recommendation: On October 19, 2011, the City Commission approved an agreement with Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the Miami Beach Convention Center District, in an amount not to exceed $175,000. On January 11, 2012, the City Commission authorized the issuance of Request for Qualifications No. 22-11/12 (the 2012 RFQ) for a public-private mixed-use development in Miami Beach for the enhancement of the MBCC district. On February 6, and March 13, 2013, the Commission authorized Amendments No. 1 and 2 to the SAG Agreement, respectively, for additional services relative to the 2012 RFQ. On January 15, 2014, the City Commission adopted Resolution No. 2014-28479 terminating negotiations with South Beach ACE (selected pursuant to the 2012 RFQ), directing the Administration to prepare a new RFP or RFQ for design-build or design services for the renovation of the Convention Center alone, and to identify potential sites for a Hotel. On February 12, 2014, the City Commission approved the issuance of RFQ 2014- 142ME, for a Design Criteria Professional for the Convention Center Renovation Project, and authorized the City Manager to negotiate and execute any additional contracts, as required, in order to expedite this process, including but not limited to additional amendments to the SAG Agreement. Amendments No. 3 and 4, totaling $548,900, were executed pursuant to this directive. On September 10, 2014, the City Commission directed the Administration to prepare a traffic study related to the development of a Convention Center Headquarter Hotel and to prepare a schedule for the potential procurement of a hotel developer. Amendment No.5, for consulting services associated with these tasks was executed in an amount not to exceed $30,000. On December 18, 2014, the City Commission authorized the Mayor and City Clerk to execute Amendment No.6 for the additional services associated with the procurement process of the hotel developer, in an amount not to exceed$166,375. On February 11, 2015, the City Commission elected to re-bid the Project under a Construction Manager-at-Risk (CMAR) project delivery method, and on May 20, 2015, the Commission authorized Amendment No. 7, for continuing services related to the pre-construction phase services through December 31, 2015, for a not to exceed amount of $198,825, and for asset management services to guide, monitor and oversee the transformation of the sales and marketing efforts, event and revenue focus, branding and operating strategies of the new Convention Center,for a not-to-exceed amount of$160,000. The proposed Amendment No. 8 provides for: 1) an extension of Convention Center project services on a more limited basis through the Construction Phase period ending July 31, 2018; 2)an extension of asset management services through March 31, 2017; and 3) an extension of consulting relative to the Convention Center hotel development, if the referendum related to the Hotel Development and Ground Lease Agreement is approved in a special election on March 15,2016. The Administration recommends he City Commission adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $300,000 165-2816-061357 Miami Beach Redevelopment Agency Non-Trust Fund Special Revenue Account 2 $160,000 160-4300-000312 City's Resort Tax Fund 3 $240,000 Subject to future Capital Budget amendment, if Hotel Development and Ground Lease Agreement is approved in Referendum. OBPI Total $700,000 Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Maria Hernandez, ext. 2584 Sign-Offs: Department D'rector Assistant City Manager City i nager MH �, /i J LM 1i1 T:\AGENDA\2015\October\MBCC Oct 21\SAG Amendment\SAG Amendment#8-SUMMARY.docx ITEM l AGENDA � 1 D MIAMI BEACH DATE /0-d/s MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Comm' sion FROM: Jimmy L. Morales, City Manager DATE: October 21, 2015 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A D AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 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 IN AN AMOUNT NOT TO EXCEED $700,000, INCLUDING ALL REIMBURSABLE EXPENSES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Improve alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment&tourism. FUNDING • Convention Center Expansion and Renovation Services: $300,000 is available from Miami Beach Redevelopment Agency Non-Trust Fund Special Revenue Account No. 165-2816-061357 and is included in the Convention Center Project Budget. • Convention Center Asset Management Services: $160,000 is available from the City's Resort Tax Fund, Account Number 160-4300-000312. • Convention Hotel City's Representative Services: $240,000 subject to future Capital Budget amendment, if the Hotel Development and Ground Lease Agreement is approved in Referendum. BACKGROUND On October 19, 2011, 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 Miami Beach Convention Center District, in an amount not to exceed $175,000. SAG's fees were exhausted upon completion of Phase I of RFQ No. 22-11/12, issued for the selection of qualified developers for a public- private mixed-use development including the expansion of the Miami Beach Convention Center and development of a Convention Center Hotel (Hotel). On February 6, 2013, and March 13, 2013, the Commission authorized Amendments No. 1 and 2 to the SAG Agreement, respectively, for additional services relative to the 2012 RFQ, totaling $307,232. On February 12, 2014, the City Commission approved the issuance of RFQ 2014-142ME, for a Design Criteria Professional to prepare a Design Criteria Package for the Convention Center Renovation Project, and authorized the City Manager to negotiate and execute any additional contracts, as required, in order to expedite this process, including but not limited to additional amendments to the SAG Agreement. Amendments No. 3 and 4, totaling $548,900 were executed pursuant to this directive, for services through May 31, 2015. Strategic Advisory Group Consulting Services for the MBCC Expansion and Renovation Project October 21, 2015 Page 2 of 2 On September 10, 2014, the City Commission directed the Administration to prepare a traffic study related to the development of a Convention Center Headquarter Hotel and to prepare a schedule for the potential procurement of a hotel developer. Amendment No.5, for consulting services associated with these tasks was executed in an amount not to exceed $30,000. On December 18, 2014, the City Commission authorized the Mayor and City Clerk to execute Amendment No. 6 for consulting services relative to the procurement process of a hotel developer, for an amount not-to- exceed of$166,375. On May 20, 2015, the City Commission authorized the Mayor and City Clerk to execute Amendment No. 7 for a not to exceed amount of$358,825, for consulting services relative to: 1) SAG's extended convention center project services driven by the change to a construction manager at-risk project delivery method, including design oversight, construction manager oversight, construction manager guaranteed maximum price negotiations, cost estimating oversight, early bid package planning and oversight, bond funding / financing assistance, presentations, and City Commission approvals for the period beginning June 1, 2015 through December 31, 2015; and 2) Asset management services to negotiate a performance-based contract with the Greater Miami Convention and Visitors Bureau, and to guide, monitor and oversee the transformation of the sales and marketing efforts, event and revenue focus, branding, and operating strategies of the new MBCC through March 31, 2016. This Amendment No. 8 provides for: 1) an extension of SAG's Convention Center project services on a more limited basis through the construction period ending July 31, 2018; 2) an extension of SAG's asset management services through March 31, 2017; and 3) if the Hotel Development and Ground Lease Agreement is approved in a special election, an extension of SAG's services related to Amendment 6 for consulting services relative to the convention center hotel. FEE AND SCHEDULE INFORMATION A copy of the SAG Amendment #8 is attached. SAG's hourly billing rates will remain at the same, reduced, level as approved in 2014. The fees and expenses in this Amendment shall not exceed$700,000: • Construction Period Services (January 1, 2016 through July 31, 2018) - Fees and expenses are not to exceed $300,000 ($10,000 per month on average over 30 months). • Asset Management Services (April 2016 — March 2017) - Fees and expenses are not to exceed $160,000 ($13,333 per month on average over 12 months). • Convention Hotel City's Representative Services (March 2016 — March 2019) - If the Hotel Development and Ground Lease Agreement is approved in a special election, fees and expenses are not to exceed $240,000 ($6,667 per month on average over 36 months). CONCLUSION/RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the attached Resolution approving and authorizing the Mayor and City Clerk to execute Amendment No. 8 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 in an amount not to exceed $700,000, including all reimbursable expenses. Attachments: 1. Amendment No. 8 JLM / MH T:\AGENDA\2015\October\MBCC Oct 21\SAG Amendment\SAG Amendment#8-MEMO.docx StrategicAdvisoryGroup Amendment #8 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 October 21, 2015 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. ADDITIONAL SCOPE OF SERVICES SAG's scope of services shall be modified to include the following: 1. Construction Period Services (January 1, 2016 through July 31, 2018) SAG shall assist the City with overseeing the construction of the project, including participation in weekly owner meetings via conference call, participation in owner meetings on-site once per month, assisting with overseeing owner responsibilities (FF&E, payment processing, etc.), assisting with dispute resolution, assisting with City Commission communication and reporting, and other areas as requested by the City. 2. Asset Management Services (April 1, 2016 through March 31, 2017) SAG shall extend the City-approved asset management services through March 31, 2017 under Amendment No. 7 to guide, monitor and oversee the transformation of the Convention Center's sales and marketing efforts, event and revenue focus, branding, and operating strategies. 3. Convention Hotel Consulting Services (March 16, 2016 — March 31, 2019) If the Hotel Development and Ground Lease Agreement ("Lease") is approved in the special election, SAG shall continue to serve as the City's Project Consultant, to assist the City in complying with its obligations under the Lease and in 3848 Saint Annes Court • Duluth, GA 30096 • (678)584-0705 Strateg�icAdvisoryGroup monitoring the progress of the hotel project Such services shall include, but not be limited to, attending monthly project meetings in-person and weekly meetings via telephone; assisting with design approvals required by City in its proprietary capacity; reviewing and making recommendations related to compliance with the conditions precedent for City's delivery of possession of the site to the developer; assessing any lender requirements; reviewing the proposed hotel owners to ensure compliance with City's acceptable owner requirements; monitoring "in- balance" status (sources = uses) of the Project's development budget; reviewing and recommending approval of hotel financing; monitoring compliance with mandatory hotel project design elements; reviewing and assessing the proforma to be utilized for establishment of the additional rent hurdles; monitoring the hotel construction schedule; coordinating the hotel construction schedule with the Convention Center construction schedule; coordinating with The Fillmore Theater management company related to demolition and construction issues; monitoring compliance with meeting LEED certification goals; facilitating room block agreement requests/approvals and waivers; monitoring compliance with insurance requirements;, monitoring developer's compliance with art in public places funding requirements; drafting and presenting monthly reports to the City Manager, Mayor and City Commission. ADDITIONAL FEES 1. Construction Period Services (January 1, 2016 through July 31, 2018) SAG's fees will be based on the time worked on the project multiplied by the hourly rates of $325 for Jeff Sachs and $250 for Tom Reifert. Fees and expenses are not to exceed $300,000 ($10,000 per month on average over 30 months). This provides for up to 28 hours of per month, on average, plus an allowance for travel expenses for the one trip per month. Construction Period Services shall not commence until the City has provided SAG with a written Notice to Proceed, which is anticipated to occur on or about December 15, 2015. 2. Asset Management Services (April 1, 2016 through March 31, 2017) SAG's fees will be billed at the same hourly rate as previously approved for Dan Fenton of $275 per hour and $100 for Bethany Parker. Fees and expenses are not to exceed $160,000 ($13,333 per month on average over 12 months). This provides for up to 40 hours per month, on average, plus an allowance for travel expenses for one trip per month. 3. Convention Hotel Consulting Services (March 16, 2016 — March 31, 2019) SAG's fees will be based on the time worked on the project multiplied by the hourly rates of $325 for Jeff Sachs and $250 for Tom Reifert. Fees and 2 StrategicAdvisoryGroup expenses are not to exceed $300,000. Amendment 6 related to hotel services is $60,000 under budget, therefore only an additional $240,000 will be added to the contract total. Convention Hotel Consulting Services shall not commence unless the Hotel Development and Ground Lease Agreement is approved in a special election and the City has provided SAG with a written Notice to Proceed. Avg. Monthly Months Fee & Expense Total Design/Finance Period 12 $15,000 $180,000 Construction Period 24 $5,000 120,000 Subtotal 300,000 Amount Remaining from Amendment 6 -60,000 Additional Fee $240,000 4. Fees and expenses for all services in this Amendment shall not exceed $700,000. TERM This Amendment shall begin on January 1, 2016 and end on March 31, 2019. 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. CITY OF MIAMI BEACH, FLORIDA ATTEST: S T: By: Rafael E. Granado, City Clerk Philip Levine, Mayor STRATEGIC ADVISORY GROUP LLC ATTEST: By: Thomas Reifert, Principal Jeffrey Sachs, Managing Partner APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION •� ID(t2,1t5 3 city Attorney (LAf Date