95-21838 Reso RESOLUTION No. 95-21838
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,ACCEPTING A DONATION FROM
THE HOLOCAUST MEMORIAL COMMITTEE, INC. OF A 475 SQUARE
FOOT ADDITION TO THE EXISTING ADMINISTRATIVE OFFICES
LOCATED AT THE HOLOCAUST MEMORIAL, AT AN ESTIMATED
VALUE OF $50,000, WITH DESIGN AND CONSTRUCTION OF THE
ADDITION TO BE FUNDED SOLELY BY THE COMMITTEE AND AT NO
COST TO THE CITY AND SUBJECT TO COMPLIANCE WITH ALL
APPLICABLE CITY LEGAL REQUIREMENTS, PERMITTING
PROCEDURES AND BUILDING CODE REQUIREMENTS; AND
FURTHER WAIVING, BY A 5/7 VOTE, THE COMPETITIVE BIDDING
REQUIREMENTS UNDER SECTION 31-A OF THE CODE OF THE CITY
OF MIAMI BEACH (THE CITY'S PURCHASING ORDINANCE).
WHEREAS, the City and the Holocaust Memorial Committee, Inc. (Committee) entered
into an Agreement on July 31, 1987,as amended on January 23, 1991, March 13, 1992 and October
26, 1993 (Agreement), for the design, construction, operation and maintenance of the Holocaust
Memorial (Memorial); and
WHEREAS, the Agreement addresses the issue of subsequent improvements to the
Memorial and states that the City shall publicly bid maintenance and capital improvement contracts
in the same manner as the City bids other City contracts,and the [Memorial] Board of Trustees shall
constitute the selection committee for the purpose of recommending to the City Commission the
award of such contracts; and
WHEREAS, the Committee now desires to construct a 475 square foot addition to the
existing administrative offices at the Memorial (Project); and
WHEREAS,the Committee has indicated that the architectural services for this project are
being donated by the architect who originally designed the Memorial and, as the addition is being
constructed taking into consideration that it is a not-for-profit facility,the contractor and construction
fees are also being offered at a substantially lower rate; and
WHEREAS, Section 31-A of the Code of the City of Miami Beach, the City's Purchasing
Ordinance, would herein require a waiver of competitive bidding by a 5/7 vote, finding that such
waiver, in this case, would be in the best interest of the City due to the reduced design and
construction costs for the Project; and
WHEREAS, the design and construction of the Project shall be completed by the
Committee, at its sole cost and expense, and subject to all of the City's applicable legal, permitting
and building requirements.
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 herein accept a donation from the Holocaust Memorial Committee,Inc.of a 475 square
foot addition to the existing administrative offices located at the Holocaust Memorial, at an
estimated value of$50,000,with design and construction of the addition to be funded solely by the
Committee and at no cost to the City and subject to compliance with all applicable City legal
requirements,permitting procedures and building code requirements; and further waiving, by a 5/7
vote, the competitive bidding requirements under Section 31-A of the Code of the City of Miami
Beach(the City's Purchasing Ordinance).
PASSED AND ADOPTED THIS 6th day of ecember 1995.
1p 0 /
47YOR
ATTEST:
•
CITY CLERK
FORM APPROVED
LEGAL D P
By
Date -924:4%5._...
•
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: December 6, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, LORIDA, ACCEPTING A DONATION FROM THE HOLOCAUST
MEMORIAL COMMITTEE, INC. OF A 475-SQUARE FOOT ADDITION TO THE
EXISTING ADMINISTRATIVE OFFICES LOCATED AT THE HOLOCAUST MEMORIAL,
VALUED AT AN ESTIMATED$50,000,WITH DESIGN AND CONSTRUCTION OF THE
ADDITION TO BE FUNDED SOLELY BY THE COMMITTEE, AT NO COST TO THE
CITY, AND SUBJECT TO ALL APPLICABLE CITY LEGAL REQUIREMENTS,
PERMITTING PROCEDURES,AND BUILDING CODE REQUIREMENTS;AND FURTHER
WAIVING,BY A 5/7 VOTE,THE COMPETITIVE BIDDING REQUIREMENTS UNDER
SECTION 31-A OF THE CODE OF THE CITY OF MIAMI BEACH(CITY'S PURCHASING
ORDINANCE).
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
The City of Miami Beach entered into an agreement with the Holocaust Memorial Committee,Inc.in July of 1987 for
the design, construction, operation, and maintenance of the Holocaust Memorial. The Memorial construction was
completed and opened in 1990. Since opening, the Holocaust Memorial has had an estimated 150,000 to 200,000
visitors per year including school age youth,adults,and senior citizens from all over the world.
The daily operation of the Holocaust Memorial is accomplished through the extensive use of a dedicated corp of
volunteers,many of whom are Holocaust survivors. As a result of the success of both the Memorial and the expanding
volunteer program,the Holocaust Memorial Committee realized the need to construct a small addition to the existing
administrative offices at the facility. The Committee subsequently proceeded to design and develop architectural
drawings(prepared as a donation),and solicited bids from various construction contractors.
The Committee forwarded the proposed plans to the City with a request for approval of the construction and issuance
of the necessary building permits. At this point it was determined that according to the existing agreement between the
City and the Holocaust Memorial Committee,Inc.,Commission action would be required prior to issuing the approvals
to proceed.
ANALYSIS:
Based upon a review of the existing Agreement by the City's Legal Department, it was determined that pursuant to
Section 3(a)(4)(c)entitled,City to Contract for Maintenance,the City shall " ...publicly bid the maintenance contract
AGENDA ITEM (; B
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DATE
COMMISSION MEMORANDUM NO.
PAGE 2
and anv capital improvements contract in the same manner as the City bids other contracts,and the Board of Trustees
shall constitute the Selection Committee for the purpose of recommending to the City Commission the award of a
maintenance contract,and for the award of a contract for capital improvements."
Because representatives of Holocaust Board of Trustees have informed the Administration that time is of the essence
regarding the construction of the addition,a request has been made that this matter be expedited to the extent possible
under the provisions of the Agreement and applicable City and State law.
The applicable City and State laws in this case are Section 31-A(the City's Purchasing Ordinance)and§287.055 Fla.
Stat.(the Consultants'Competitive Negotiation Act). The Consultants'Competitive Negotiations Act requires the City
publicly to bid on each occasion when architectural services are required to be purchased for a construction project,but
only when the basic construction costs of the project are estimated to exceed $120,000. The estimated cost of this
construction is$50,000;therefore State Statute would not apply in this case.
The City's Purchasing Ordinance requires that a contract exceeding$10,000 be purchased by formal written contract
and/or purchase order from the lowest responsive bidder,after due notice inviting bids. However,the City Commission,
upon written recommendation of the City Manager may,by resolution adopted by 5/7th vote of the Commission,waive
competitive bidding when the City finds such waiver to be in the best interests of the City.
Based on the facts that the architectural design services are being donated by Mr. Kenneth Treister,the addition is being
constructed as part of a not-for-profit facility,the contractor and construction fees are being offered at a substantially
lower cost,and the Committee has offered to donate the facility to the City upon its completion,it is the opinion of the
Administration that the recommended action should be taken.
CONCLUSION:
It is recommended that the Mayor and City Commission approve the attached resolution accepting a donation from the
Holocaust Memorial Committee of a 475-square foot addition to the existing administrative offices located at the
Holocaust Memorial,at an estimated value of$50,000,with design and construction of the addition to be funded solely
by the Committee and at no cost to the City,subject to all applicable City legal requirements,permitting procedures,and
building code requirements,and further waiving,by 5/7 vote,the City's competitive bidding requirements under section
31-A of the Code of the City of Miami Beach(City's Purchase Ordinance).
JGP/KS/eb
COMMEMODISK#I:HOLCAUME.COM