2001-24677 Reso
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RESOLUTION NO. 2001-24677
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5nTHS VOTE,
FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
AUTHORIZING THE CITY MANAGER, THROUGH HIS DESIGNEE,
WHO SHALL BE THE CITY'S PROPERTY MANAGEMENT DIRECTOR,
A LICENSED GENERAL CONTRACTOR, TO SELECT, NEGOTIATE,
AND AWARD ALL CONTRACTS, AGREEMENTS, PURCHASE
ORDERS, AND CHANGE ORDERS FOR THE PURCHASE OF ALL
NECESSARY GOODS AND SERVICES (CONSTRUCTION AND
PROFESSIONAL) RELATIVE TO THE SOUTH SHORE COMMUNITY
CENTER RENOVATION PROJECT; THE RENOVATION OF THE
BYRON-CARLYLE; AND THE 555-17TH STREET PROJECT;
PROVIDING THAT ALL DOCUMENTS BE REVIEWED BY THE
APPROPRIATE MEMBERS OF THE ADMINISTRATION AND CITY
ATTORNEY'S OFFICE, AND SHALL CONTAIN THOSE MINIMUM
TERMS AND CONDITIONS AS SET FORTH IN THIS RESOLUTION;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL AGREEMENTS RELATIVE TO THE
AFORESTATED PROJECTS.
WHEREAS, the Mayor and City Commission, at its October 18, 2000 meeting,
adopted Resolution Number 2000-24126, which appropriated funds in the amount of
$1 ,576,411 for the renovation of the South Shore Community Center; and
WHEREAS, the Mayor and City Commission, at its April 18, 2001 meeting,
adopted Resolution Number 2001-24344, which appropriated funds in the amount of
$500,000 for the Byron-Carlyle Theater Project; and
WHEREAS, the Mayor and City Commission, at its July 18, 2001 meeting,
adopted Resolution Number 2001-24504, which appropriated funds in the amount of
$515,890 for the 555-17th Street Property Project; and
WHEREAS, it is the Administration's intent to secure the construction work
relative to the aforestated projects utilizing the City's Property Management Director,
who is a licensed General Contractor; and
WHEREAS, accordingly, the Administration, through the Property Management
Director, acting as General Contractor above, may require the need for the acquisition
of goods and services which may exceed the $25,000 threshold correctly within the City
Manager's discretion; and
WHEREAS, as a result of the time needed to complete the formal bid processes
(i.e. 90-120 days), each time that the Property Management Director has a need to
augment its existing resources for goods and services in excess of $25,000, these
important projects will be placed on hold or delayed significantly; and
WHEREAS, pursuant to Section 2-367(e) of the City Code entitled Rejection of
bids; negotiation; waiver of competitive bidding, the City Commission, upon written
recommendation of the City Manager, may by resolution adopt by a five-sevenths vote
of the City Commission a waiver of competitive bidding when the City Commission finds
such waiver to be in the best interest of the City; and
WHEREAS, the Property Management Director, as General Contractor, will be
taking on the responsibility of constructing the improvements at the South Shore
Community Center, the Byron-Carlyle Theater, and the 555-17th Street Property; and
WHEREAS, the City is committed to having the South Shore Community Center
facility leased for 10/20 years in order to secure funding for the Center in excess of $2
million; and
WHEREAS, the Center is scheduled for substantial completion by the end of July
2002, and should this Project be delayed any further, it may imperil continued funding,
which could result in the loss of funding up to $3 million annually; and
WHEREAS, the Byron-Carlyle Theater is scheduled for closure on July 2002,
thereby necessitating Property Management to expedite the construction of Phase II of
the Project; and
WHEREAS, the City's Business Resolution Task Force's recommendation to
improve and streamline the City's building permit process requires the redistribution of
office space on the second floor of City Hall, and this would entail relocating the City's
Code Compliance Division from its second floor location in order to accommodate the
expansion of the Building Department and Planning Department; and
WHEREAS, plans have been developed to accommodate the relocation of the
aforementioned City Hall offices to the 555-17th Street Property, as well as for
relocating the currently existing Municipal Employees Federal Credit Union; and
WHEREAS, in order to diligently prosecute the required work to timely complete
the aforestated vital public projects, the Administration would recommend that the
Mayor and City Commission waive, by 5/7ths vote, the formal competitive bidding
requirements, relative to enabling the Administration, with its Property Management
Director acting as General Contractor, to procure the required goods and services to
complete the Projects, on an expedited basis; and
WHEREAS, notwithstanding the Mayor and City Commission's waiver herein of
the competitive bidding requirement, the Property Management Director, utilizing the
resources of the Procurement Division, would institute an "expedited" bidding process to
ensure the integrity of the process and, while not formal competitive bidding, a process
that would still act to procure for the City the highest quality of goods and services at the
least expense to the City, and endeavor to obtain as full and open competition, within
that expedited framework, as possible; and
WHEREAS, additionally, the Administration would recommend that the Mayor
and City Commission waive formal competitive bidding subject to the terms and
conditions set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
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1. The Mayor and City Commission herein waive, by 5/7ths vote, the formal
competitive bidding requirements, finding such waiver to be in the best
interest of the City, relative to the City's (with its Property Management
Director acting as General Contractor) completion of the work on the following
public projects: the South Shore Community Center Renovation; the Byron-
Carlyle Theater; and 555-17th Street (collectively ''the Projects").
2. The City Manager, through his designee, who shall be the City's Property
Management Director, is authorized to select, negotiate, and award all
contracts, agreements, purchase orders, and change orders for the purchase
of all necessary goods and services (construction and professional) relative to
the Projects.
3. All documents referenced herein shall be reviewed by the appropriate
members of the Administration and City Attorney's Office prior to execution
and shall contain, at a minimum, the following terms and conditions:
a) Time of completion of the work in question.
b) Fees, costs, and other charges to the City. All fees and costs negotiated
should be competitive with fees and charges for similar work in the South
Florida area.
c) Appropriate provisions addressing insurance requirements (naming the
City as an additional insured), indemnification and hold harmless in favor
of the City, and payment and performance bonds.
d) All scope of services and/or work required shall be prepared in conjunction
with and reviewed by the Administration.
4. All contracts, agreements, purchase orders, and change orders over $25,000
shall be executed by the Mayor and City Clerk, and shall be ratified by the
Mayor and City Commission at its next available meeting.
5. The total amounts of contracts, agreements, purchase orders, and change
orders to be executed pursuant to the approvals set forth herein shall not
exceed the appropriated amount for each Project, as same is set forth in this
Resolution, without the prior approval of the Mayor and City Commission.
6. Notwithstanding the waiver of competitive bidding herein, the Property
Management Director, utilizing the City's Procurement Division, shall use his
best efforts through an "expedited" bidding process to assure that the highest
quality of goods and services at the least expense to the City is obtained, and
endeavor to obtain as full and open competition, as in said process, as
possible.
PASSED AND ADOPTED THIS 28th day of
Attest:
lnP% P~i
CITY CLERK
.'ROVED AI 10
IIORM & LANGUAGI
a FOR EXECUTION
,2001.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: November 28, 2001
From:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION MIAMI BEACH, FLORIDA,
WAIVING BY 517THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO SELECT, NEGOTIATE, AND AWARD ALL
CONTRACTS, AGREEMENTS, PURCHASE ORDERS, AND CHANGE ORDERS FOR THE
PURCHASE OF ALL NECESSARY GOODS AND SERVICES (CONSTRUCTION AND
PROFESSIONAL) RELATIVE TO THE SOUTH SHORE COMMUNITY CENTER RENOVATION
PROJECT; THE RENOVATION OF THE BYRON-CARLYLE; AND THE 555-17TH STREET
PROJECTS; PROVIDING THAT ALL DOCUMENTS BE REVIEWED BY THE APPROPRIATE
MEMBERS OF THE ADMINISTRATION, CITY ATTORNEY'S OFFICE, AND CONTAINS
MINIMUM TERMS AND CONDITIONS AS SET FORTH IN THIS RESOLUTION; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL AGREEMENTS
RELATIVE TO THE AFORESTATED PROJECTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
EYNDING
South Shore Community Center: The Mayor and City Commission at its October 18, 2000
meeting, adopted Resolution Number 2000-24126, which appropriated funds in the amount
of $1,576,411.
Byron-Carlyle: The Mayor and City Commission at its April 18, 2001 meeting, adopted
Resolution Number 2001-24344, which appropriated funds in the amount of $500,000.
555-17th Street Property: The Mayor and City Commission at its July 18, 2001 meeting,
adopted Resolution Number 2001-24504, which appropriated funds in the amount of
$515,890.
A~AL YS~
Section 2-366 of the City Code, entitled Contract Procedures, states that all supplies and
equipment, except as otherwise provided in this division, when the estimated cost thereof shaJl
exceed $25,000.00, shaJl be purchased by formal, written contract and/or purchase order from
the lowest and best responsible bidder, after due notice inviting proposals; however, the city
commission shall have authority to waive execution of formal contract in cases where
it deems it advisable to do so. (emphasis added).
Agenda Item R 7 If
Date / /-,;w -0/
Commission Memorandum
South Shore Community Center, Byron-Carlyle, and 555 1"f'1' Street
November 28, 2001
Page 2 of6
Inasmuch as the City's Property Management Division has been approved as the General
Contractor for this project, at times there will be a need for the acquisition of goods and services
that may exceed the $25,000 bidding threshold. Therefore, as a result of the time needed to
complete formal bid processes (Le. 90-120 days) each time that Property Management Division
has a need to augment its existing resources for goods and services in excess of $25,000, this
important project will be placed on hold or delayed significantly.
Pursuant to Section 2-367(e) of the City Code entitled Rejection of bids; negotiation; waiver of
competitive bidding, the City Commission, upon written recommendation of the City Manager, may
by resolution adopt by a five-sevenths vote of the City Commission a waiver of competitive bidding
when the City Commission finds such waiver to be in the best interest of the City.
The following are reasons why the waiver of competitive bidding is in the best interest of the City:
PROJECT I: South Shore Community Center
The Mayor and City Commission at its October 18, 2000 meeting, adopted Resolution Number
2000-24126, which authorized or accepted the following:
. Accepted REG's final report regarding the South Shore Community Center, dated
September 25, 2000, and endorsed Option "A" with the understanding that complete
restoration of basic utility systems would be completed;
. Approved Option "A" as described in the exhibit "A";
. Approved the appropriation of $1 ,576,411 from various funding sources to proceed with
the Renovation Project, including an increase to REG's contract up to $115,103; and
. Approved the City's Property Management Division Director to serve as general
contractor to complete the contemplated Renovation Project.
Historical Slanlficance of ProDertv
The South Shore Community Center ("the Center") located at 833 6th Street is designated
"contributing" on the Miami Beach Historic Properties Database and is located within the local
Flamingo Park Historic District. The building was constructed between 1970-1973, and designed
by master Miami Beach architect Morris Lapidus. The building's design is characteristic of a late
1960's International Style of Architecture common to public facilities whereby environmental
design was sought as the key mechanism toward fostering social harmony. Appreciating the
architect's notion to develop outdoor spaces that accepted the life of the street and indoor spaces
which maximized the capabilities of a low budget construction system is essential to
understanding the significance of this highly unique structure.
As a result of the building's historical significance, the City will seek a waiver from FEMA for the
flood plain requirement which may reduce the project cost by $80,514. The City anticipates
reducing costs by using in-house staff from the Property Management Division to perform the
majority of the renovation work. Additionally, the City has procured an appraisal by Integra Realty
Resources dated August 15, 2000, valuing the facility at $940,000, exclusive of land.
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Commission Memorandum
South Shore Community Center, Byron-Carlyle, and 555 17'" Street
November 28, 2001
Page 3 of 6
Improvements and Relocation Plan
The Property Management Division will be taking on the responsibility of constructing the
improvements at the Center. The initial phase of the construction project will address the
rehabilitation of the 2nd Floor of the facility, in order to facilitate the re~establishment of the Miami
Beach Hispanic Community Center's One Stop training and employment program which has
already moved their operations off-site to accommodate the construction. The Property
Management Division has recommended that the remainder of the tenants be relocated off-site
during construction, and the Administration has been discussing same with the tenants, and will
continue working with them to identify suitable off-site locations to accommodate them during the
construction period.
Current and Future Users:
The Center houses the following agencies which provide social services to a large segment of the
South Beach community. The agencies include:
Miami-Dade County Community Action Agency (including ASPIRA);
Community Council for Jewish Elderly/Senior Ride;
Fienberg/Fisher Community Education Center;
Jewish Vocational Services/Senior Meals (Co-located in auditorium);
Little Havana Activities & Nutrition Centers (Child Care Facility); and
UNIDAD (including fifty-five years & up).
UNlOAD of Miami Beach, Inc. - Miami Beach Hispanic Community/One Stop Center
The Center is a one-stop career center which is operated by the Miami Beach Hispanic Community
Center and the Miami Beach Community Development Corporation. Designated job training, job
placement, and job search for a geographic region serving all beach communities from the
southern tip to the Broward County line. Employment services are provided from 3,000 to 4,000
cases annually.
The City committed to the funding agency to have the facility leased for 10120 years in order to
secure funding for the Center in access of $2 million. Additionally, the City promised an August
31,2001 start date, but as a result of unexpected delays, the start date is scheduled for January
2002.
The Center is scheduled for substantial completion by the end of July 2002. Should this project
be delayed any further, it may imperil continued funding of the one-stop center which could result
in the loss of funding up to $3 million annually.
The Center has been using the space to provide information and referrals to existing community
agencies and service providers targeting the City of Miami Beach. The Center provides
counseling, education, and employment training to the City's youth, immigrant, refugee, and
senior citizen population, on a citywide basis.
Commission Memorandum
South Shore Community Center, Byron-Carlyle, and 555 1'f1' Street
November 28, 2001
Page 4 0'6
The Center has increased its programs by approximately 75% and has received funding as a One
Stop Center for Miami Beach. The One Stop Center is designed to be a jobs and benefits office
which offers all the programs previously mentioned, in addition to unemployment information,
workers compensation, and a full time social service/information and referral staff.
Little Havana Activities Center- Rainbow Daycare Center
The Day Care Center has been on site for about 8 years. It is designed as an inter-generation
program, in which senior citizens take care of the child participants. The program operates as a
day care center for families with annual incomes ranging from $12,000 to $14,000. It operates
from 7:00 a.m. to 6:00 p.m. Participants range from 2 to 5 years old and must be toilet trained.
There are 20 employees, which service a maximum of 60 participants. They serve breakfast,
lunch and snacks to the participants. Food is pre-prepared and delivered to the site.
Fienberg/Fisher Adult and Community Education Center
The Center currently uses three classrooms and provides adult education, mainly English as a
second language. Each class has between 30 and 35 students. Classes take place Monday
through Friday from 9:00 a.m. to Noon.
Jewish Vocational Services-Hot Meals Program
The Hot Meals Program uses the auditorium located on the 1st floor and serves meals on site
from Monday through Friday from approximately 10:45 a.m. to approximately 12:30 p.m. . They
serve approximately 100 to 120 meals served per day, including homebound distribution.
Community Council for Jewish Elderly- Senior Ride Program
The Program has been on site since 1992. The site is used as a bus dispatch station servicing
elderly participants (60+ years old) and provides transportation to meal sites, senior centers,
doctors, etc. The site operates from 8:00 a.m. to 4:30 p.m. Monday through Friday. It has
approximately 1,300 to 1,350 clients and provides 90,000 units of service (one ride, one way) per
year.
PROJECT II:The Byron-Carlyle Theater
On September 27, 2000, the Mayor and City Commission adopted Resolution 2000-24104,
establishing two committees to facilitate the purchase and adaptive re-use of the Byron-Carlyle
Theater. The Negotiating Committee was established to begin a dialogue concerning the
purchase of the Theater, and the Program and Uses Committee was established to meet with
representatives of cultural arts groups, North Beach residents and other potential users of the
facility, who supported the purchase of the building.
On March 28, 2001, the Mayor and City Commission adopted Resolution No. 2001-24313
authorizing the acquisition of the Byron-Carlyle Theater and on April 18, 2001, adopted Resolution
No. 2001-24344, appropriating $500,000 for improvements to the facility. Since acquiring the
property, the City of Miami Beach has embarked on a multi-phase program to evaluate and to
renovate the Byron-Carlyle Theater guided by the Program and Uses Committee.
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Commission Memorandum
South Shore Community Center, Byron-Carlyle, and 555 1"f'h Street
November 28, 2001
Page 5 0'6
This effort has worked in tandem with those of the City's Planning Department; Economic
Development Department; Arts, Culture and Entertainment Division; and the Cultural Arts Council.
Upon completion of the acquisition of the Byron Carlyle, the Program and Uses Committee,
chaired by former Commissioner Liebman, was informally transformed into the "Arts in North
Beach Initiative" with continuing participation by the members of the Committee.
The Byron-Carlyle project, as proposed, is to be divided into three phases based upon available
funding. The first phase consisted of renovations to the lobby in order to provide office space for
arts groups and other organizations that support the "Arts in North Beach Initiative". To this end,
the City's Property Management Department has completed the renovation of the lobby and has
determined Common Area Maintenance (CAM), including other operating fees appropriate for the
facility for Phase I.
The City's Property Management Division is currently preparing to embark on Phase II of the
project. It is proposed that Phase II will encompass the renovation of the main theater which may
be utilized as rehearsal and performance space, that ideally be utilized as an altemate temporary
venue, upon the closure of the Colony Theater for its renovation. Said closure is scheduled for
July 2002 thereby necessitating Property Management to expedite the construction of Phase II
of the facility and thereby requiring a waiver of competitive bidding. The City will retain
management and control of the Byron Carlyle and continue to maintain the property.
PROJECT III:
555_17TH Street Property
On July 18, 2001 the Mayor and City Commission adopted Resolution Number 2001-24504, which
appropriated $515,890 from the General Fund undesignated fund balance to fund the costs of the
renovation of the City-owned property located at 555-17th Street and the relocation of the Office
of Asset Management, Economic Development Division, Redevelopment Agency, Human
Resources Department, Labor Relations Office, Risk Management Division, and Municipal
Employees Federal Credit Union.
The Business Resolution Task Force's recommendation to improve and streamline the Building
Permit process requires the redistribution of office space on the second floor of City Hall. More
specifically, this would entail relocating Code Compliance from their second floor location in order
to accommodate the expansion of the Building Department and Planning Department. It has been
determined that City would best be served by relocating Code Compliance and certain other
functions of the newly created Neighborhood Services Department into a reconfigured third floor
City Hall space currently occupied by the Office of Asset Management, Economic Development
Division, Redevelopment Agency, and the third floor City Hall space occupied by the Human
Resources Department, Labor Relations Office, and Risk Management Division.
Plans have been developed to accommodate the relocation of the aforementioned third floor City
Hall offices to the 555-17th Street Property, as well as for relocating the currently existing
Municipal Employees Federal Credit Union.
Commission Memorandum
South Shore Community Center, Byron-Carlyle, and 555 1'f1' Street
November 28, 2001
Page 6 0'6
The proposed construction project includes the renovation of approximately 7,054 square feet of
office space; security systems, fire/smoke alarm system, and phone and data wiring.
Additionally, the proposed renovation project will include the demolition of the addition to the south
side of the Property, effectively restoring the building to its historical condition. Construction is
scheduled to commence in February 2002, and should be completed by October 2002.
Recommendation: That the Mayor and City Commission adopt the attached Resolution which
waives the competitive bidding requirements, finding such waiver to be in the best interest of the
City, and the City Manager or his designee to select, negotiate, and award all contracts,
agreements, purchase orders, and change orders for the purchase of all necessary goods and
services (construction and professional) relative to the South Shore Community Center renovation
project; the renovation of the Byron-Carlyle; and the 555-1ih street projects; providing that all
documents be reviewed by the appropriate members of the Administration, City Attorney's Office,
and contains minimum terms and conditions as set forth in this resolution; and further authorizing
the Mayor and City Clerk to execute any and all agreements relative to the aforestated projects.
JMo)~:BJ:GLt
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