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20141029 BMr91.5.2015 MIAMIBEACH Presentations & Awards City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 29,2014 Mayor Philip Levine Vice-Mayor Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Raul Aguila City Clerk Rafael E. Granado Vrsft us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's Office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. Call to Order - 5:00 p.m. Pledge of Allegiance Special note: ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date, which will only be held if needed. ln addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Presentations and Awards Reqular Aqenda PA Presentations and Awards R2 Competitive Bid ReportsR5 Ordinances Consent Aqenda R7 Resolutions C2 Competitive Bid Reports R9 New Business/Commission Requests C4 Commission Committee Assignments R10 City Attorney Reports C6'Commission Committee Reports C7 Resolutions Reports and lnformational ltems We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community 1 Commission Agenda, October 29, 2014 Presentations and Awards PA1 Proclamation To Be Presented ln Honor Of "Teacher And School Staff Breast Cancer Screening Day ln The City Of Miami Beach," Recognizing The Collaboration Of The City Of Miami Beach/Miami Beach Chamber Of Commerce Healthcare Taskforce, Miami-Dade County Public Schools And The Mount Sinai Comprehensive Cancer Center's Efforts To Promote Preventive Health Measures ln Our Community During National Breast Cancer Awareness Month. (Requested by Commissioner Deede Weithorn) PA2 Certificate of Recognition To Be Presented To Adam Azan, Founder & President of Bags N' Stuff For His Activism To Help Foster Care Children. (Requested by Commissioner Deede Weithorn) PA3 Proclamation To Be Presented To The Organizers Of The Great Big Challah Bake. (Requested by Commissioner Deede Weithorn) PA4 Presentation By Officer Mariana Jomarron (Garcia) On Her Work Rescuing Animals ln The City Of Miami Beach. (Requested by Mayor Philip Levine) PAs Certificates Of Recognition To Be Presented To George Daly And Elias Hanono Of Boucher Brothers Management For Their Heroic Effort. (Requested by Mayor Philip Levine) PA6 Certificate Of Recognition To Be Presented To Eugene Gernson, Pool Guard, City Of Miami Beach. (Requested by Mayor Philip Levine) PA7 Proclamation To Be Presented To Florida Highway Patrol. (Requested by Mayor Philip Levine) PA8 Proclamation To Be Presented To The Family Of The Late Jack Franco For His Contributions To The City Of Miami Beach. (Requested by Mayor Philip Levine) PAg Proclamation Recognizing November As National Adoption Month And Call To Action For Miami Beach Residents To Help Children ln Foster Care And Adoption. (Requested by Commissioner Edward L. Tobin) PA10 Certificates Of Appreciation To Be Presented To Participants Of First Beach Orientation Day, September 21,2014, For Sabrina Cohen Foundation. (Requested by Commissioner Edward L. Tobin) 2 Commission Agenda, October 29, 201 4 Presentations and Awards (Continued) PA11 Unit Citation Awards To Be Presented To The Following: Captain Patrick Huddleston, Lieutenant Bryan Baez, Lieutenant Jeremy Bloomfield, Firefighter Jose Martell, Firefighter Michael Saavedra, Firefighter David Yocum, Firefighter Ryan Yuhr, And Firefighter Alex Correa, For Their Part ln Saving A Young Man's Life On July 22,2014. (Fire) PA12 Unit Citation Awards To Be Presented To The Following: Captain Patrick Huddleston, Captain Charles Brown, Firefighter Hans Estrada, Firefighter Dave Frazier, Acting Lieutenant Zvi Hirsch, Firefighter Carlos Alonso, Firefighter Anthony Amoruso, Firefighter Robert Voss, Firefighter Danny Diaz, Firefighter Michael Mullins, Firefighter Kenneth Reardon, Lifeguard Osvaldo Garcia Jr., Ahd Lifeguardbados Escudero, For Helping Rescue A Young Child From Drowning At 65th Street Beach. (Fire) PA13 Citizen Lifesaving Awards To Be Presented To John Siddons, And Jimmy Betancourt For Rescuing A Young Man From Drowning On July 5,2014. (Fire) PA14 Medal Of Valor To Be Presented To Captain Adonis Garcia For His Selfless And Brave Act When He Assisted A Miami Beach Police Officer ln Subduing A Violent Subject Off The 1600 Block Of Washington Avenue On July 25,2014. (Fire) PA15 Certificate Of Recognition To Be Presented To The Miami Beach Visitor And Convention Authority (VCA) For Their Award Winning Miami Beach API And APP, Which Was The 2014 Gold Magellan Award Winner ln The Destinations - Overall-Mobile APP Category For Travel Weekly Magazine. (Requested by Commissioner Micky Steinberg) CONSENT AGENDA C2 - Gompetitive Bid Reports C2A Request For Approval To Award A Contract Pursuant To lnvitation SW For The Furnishing And lnstallation Of Holiday Decorations. (Public Works/Procurement) To Bid (lTB) No. 2014-343- 3 Commission Agenda, October 29, 201 4 C2 - Competitive Bid Reports (Continued) C2B Request For Approval Of Amendment 1 To Contracts With Miami Elevator lnspections, lnc., And A-1 Elevator lnspection, lnc., Awarded Pursuant To lnvitation To Bid No. 33-11112, For Elevator lnspection Services, To lnclude An Hourly Rate For lnspection Services As Required By The Building Department. (Building/Procurement) C4 - Commission Committee Assiqnments C4A Referral To Planning Board And Land Use And Development Committee Regarding A Zoning Ordinance Amendment To Extend The CD1 Block To Encompass 11OO 1sth Street. (Requested by Commissioner Joy Malakoff) G7 - Resolutions C7A A Resolution Approving And Authorizing The City Manager To Submit A Request To The State Of Florida Department Of Economic Opportunity (DEO) To Amend The City's Neighborhood Stabilization Program 1 (NSP1) Grant Agreement ln The Amount Of $201,801.66; Authorizing The City Manager To Utilize These Amended Funds For The Acquisition Of The Lottie Apartments, Madeleine Village Apartments And Neptune Apartments; And Further Directing That The Remaining Funds Be Used To Create An Operating Reserve For The Subsequent Maintenance Of The Aforementioned Properties. (Housing & Community Services) C7B A Resolution Accepting The Recommendation Of The Audit Committee Pertaining To The Ranking Of Proposals, Pursuant To Request For Proposal (RFP) No. 201 4-276-LR For Auditing Services To Examine The City Basic Financial Statements lncluded ln The City's Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects (OMB A-133 Single Audit) And The Financial Statements Of The Miami Beach Redevelopment Agency's (RDA), The Parking Systems Fund's (PSF), The Miami Beach Visitor And Convention Authority's (VCA), The Miami Beach Convention Center (MBCC), As Managed By Global Spectrum (GS), The Safe Neighborhood Parks And Bond Program (SNP), Children Trust (CT) And Building Better Communities (BBC). ( Finance/Procu rement) C7C A Resolution Accepting The Recommendation Of The City Manager To Reject All Bids Received, Pursuant To lnvitation To Bid No.2O14-228-JR, For The 7th Street Parking Garage Renovation. (Capital lm provement Projects/Procurement) End of Consent 4 Commission Agenda, October 29, 2014 REGULAR AGENDA R5 - Ordinances RsA An Ordinance Amending Ordinance No. 93-2836 Of The City Of Miami Beach, Regarding The Establishment Of A Trust Fund For The "City Center/Historic Convention Village Redevelopment And Revitalization Area," By Amending Section 4 Thereof To Extend The Period Of Funding The Trust Fund; Providing For Repealer, Severability, And An Effective Date. 5:30 p.m. Second Readinq Public Hearinq (Sponsored by Mayor Philip Levine) (Legislative Tracking: Tourism, Culture & Economic Development) (First Reading on October 22,2014 - RsM) R7 - Resolutions R7A Execute Lease Agreement With South Florida Workforce lnvestment Board And Lease Amendments For Tenants Of South Shore Community Center. 1.A Resolution Following A Duly Advertised Public Hearing, Waiving, By 5l7t^ Vote, The Competitive Bidding Requirement, As Permitted Under Section 82-39(4) Of The City Code, Finding Said Waiver To Be ln The Best lnterest Of The City; And Approving And Authorizing The Mayor And City Clerk To Execute A Lease Agreement Between The City ("Landlord") And South Florida Workforce lnvestment Board ("Tenant"), For Lease Of Office Space At The City Owned Building Located At 833 6th Street, Miami Beach, Florida, Consisting Of 3,262 Square Feet, To Provide Workforce Services; Said Lease Having A Term Of Five (5) Years, Without Any Renewal Options, Retroactively Commencing October 1,2014 And Ending September 30, 2019.5:20 p.m. Public Hearing (Tourism, Culture & Economic Development) A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Lease Between The City ("Landlord") And Miami-Dade County ("Tenant"), Dated July 26, 2011, For The Premises Located On The First Floor At 833 6th Street, Miami Beach, Florida; Said Amendment Renewing The Lease For The Sole Remaining Renewal Term Of Five (5) Years, Retroactively Commencing October 1,2014 And Ending September 30, 2019; Adding Performance Benchmarks To The Tenant's Requirements Under The Lease; lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot, $9.94 Per Square Foot And $11.07 Per Square Foot For Years 1,2And 3 Of The Renewal Period, Respectively; And Reducing The Size Of The Premises From 2,076 Square Feet To 691 Square Feet. (Tourism, Culture & Economic Development) 2. 5 Commission Agenda, October 29, 201 4 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Lease Between The City ("Landlord") And Jewish Community Services Of South Florida, lnc. ("Tenant"), Dated September 9, 2009, For The Premises Located On The First Floor At 833 6th Street, Miami Beach, Florida; Said Amendment Renewing The Lease For The Senior Meals Program For The Sole Remaining Renewal Term Of Five (5) Years, Retroactively Commencing October 1, 2014 And Ending September 30, 2019; Adding Performance Benchmarks To The Tenant's Requirements Under The Lease; lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot, $9.94 Per Square Foot And $1 1 .07 Per Square Foot For Years 1, 2 And 3 Of The Renewal Period, Respectively; And lncreasing The Size Of The Premises From 289 Square FeetTo 485 Square Feet. (Tourism, Culture & Economic Development) A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Lease Between The City ("Landlord") And Jewish Community Services Of South Florida, lnc. ("Tenant"), Dated September 9, 2009, For The Premises Located On The First Floor At 833 6th Street, Miami Beach, Florida; Said Amendment Renewing The Lease For The Senior Ride Program For The Sole Remaining Renewal Term Of Five (5) Years, Retroactively Commencing October 1, 2014 And Ending September 30, 2019; Adding Performance Benchmarks To The Tenant's Requirements Under The Lease; And lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot, $9.94 Per Square Foot And $11.07 Per Square Foot For Years 1, 2 And 3 Of The Renewal Period, Respectively. (Tourism, Culture & Economic Development) A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Concession Agreement Between The City ("Landlord") And Jewish Community Services Of South Florida, lnc. ("Concessionaire"), Dated July 15, 2009, For The Premises Located On The First Floor At 833 6th Street, Miami Beach, Florida; Said Amendment Renewing The Concession Agreement For The Sole Remaining Renewal Term Of Five (5) Years, Retroactively Commencing October 1,2014 And Ending September 30, 2019; Adding Performance Benchmarks To The Tenant's Requirements Under The Concession Agreement; And lncreasing The Additional Rent From $1.92 Per Square Foot To $2.20 Per Square Foot, $2.49 Per Square Foot And $2.77 Per Square Foot For Years 1,2 And 3 Of The Renewal Period, Respectively. (Tourism, Culture & Economic Development) A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Lease Between The City ("Landlord") And Little Havana Activities And Nutrition Centers Of Dade County, lnc. ("Tenant"), Dated September 9, 2009, For The Premises Located On The First Floor At 833 6th Street, Miami Beach, Florida; Said Amendment Renewing The Lease For The Sole Remaining Renewal Term Of Five (5) Years, Retroactively Commencing October 1, 2014 And Ending September 30, 2019; Adding Performance Benchmarks To The Tenant's Requirements Under The Lease; lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot, $9.94 Per Square Foot And $11.07 Per Square Foot For Years 1,2 And 3 Of The Renewal Period, Respectively; And lncorporating The Outside Playground As Part Of The Premises. (Tourism, Culture & Economic Development) 3. 4. 5. 6. 6 Commission Agenda, October 29, 2014 7. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Lease Between The City ("Landlord") And UNIDAD Of Miami Beach, lnc. ("Tenant"), Dated September 9, 2009, For The Premises Located On The First And Second Floors At 833 6th Street, Miami Beach, Florida; Said Amendment Renewing The Lease For The Sole Remaining Renewal Term Of Five (5) Years, Retroactively Commencing October 1, 2014 And Ending September 30, 2019; Adding Performance Benchmarks To The Tenant's Requirements Under The Lease; lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot, $9.94 Per Square Foot And $1 1 .07 Per Square Foot For Years 1, 2 And 3 Of The Renewal Period, Respectively; Relocating Tenant From A Portion Of lts Current Location On The Second Floor To A Portion Of The Space Currently Occupied By Miami Dade County On The First Floor; Decreasing The Total Size Of The Demised Premises From 4,155 Square Feet To 2,082 Square Feet; And Modifying The Permitted Use Of The Premises To lnclude Additional Services. (Tourism, Culture & Economic Development) R7B A Resolution Approving, Following A Duly Noticed Public Hearing Pursuant To Section 163.361(2), Florida Statutes, An Amendment To The Miami Beach City Center/Historic Convention Village Redevelopment And Revitalization Area Plan (City Center RDA), An Approved Redevelopment PIan Under The Provisions Of Section 163.360, Florida Statutes (The Plan); Said Amendments: (A) lncorporating The City's Proposed Convention Center Renovation And Expansion Project; And (B) Providing For An Extension Of The City Center RDA At A Ninety Five Percent (95%) Tax lncrement Until The Earlier Of March 31,2044, Or The Date Agency lndebtedness ls No Longer Outstanding; Further Approving And Authorizing The Mayor And City Clerk To Execute A Third Amendment, By And Among Miami-Dade County (County), The City, And The Miami Beach Redevelopment Agency (RDA), To The November 16, 1993 lnterlocal Cooperation Agreement, As Amended (The lnterlocal Agreement), Related To The City Center RDA And By Which The County Originally Delegated To The City Certain Redevelopment Powers Conferred To The County Under Part lll, Chapter 163, Florida Statutes (The Community Redevelopment Agreement Act Of 1969" Or The "Act"); And Which Amendment, Among Other Terms, Extends The Term Of The City Center RDA As Provided ln The Aforestated Plan Amendment, And Adds An Additional Member To The Governing Board Of The Agency, Who Shall Be The Miami-Dade County Commissioner Of County Commission District 5, Pursuant To Section 163.357(d) Of The Florida Statutes. 5:35 p.m. Public Hearinq (Tourism, Culture & Economic Development) (Open & Continued to November 19,20141 7 Commission Agenda, October 29, 201 4 R7 - Resolutions (Continued) R7C A Resolution Following First Reading/Public Hearing Of A Development Agreement As Authorized Under Section 118-4 Of The City Code, And Sections 163.3220 - 163.3243, Florida Statutes, Between The City And 8701 Collins Development, LLC ("8701"), Which Development Agreement, ln Pertinent Part: (1) Memorializes The Conditions ForVacating The City's Right Of Way At 87th Terrace East Of Collins Avenue ("City Parcel"); (2) Grants To The City A Perpetual Pedestrian Access Easement Across A Portion Of The Vacated City Parcel; (3) Ensures The Payment Terms For 8701's Payment Of A Voluntary Monetary Contribution, ln The Amount Of $10.5 Million Dollars, To Be Used ByThe City For Public Purposes; (4) Provides ForThe Terms And Conditions Under Which 8701 Will Design, Develop And Construct Certain lmprovements To The City's Right-Of-Way At 87th Street And Collins Avenue, lncluding Without Limitation, The Terms Of A Management Agreement Between The City And 8701; And (5) Delineates The Conditions For The Design, Development And Construction Of The Project Located At 8701 Collins Avenue As A Hotel And/Or Residential Condominium Site; And Further Setting The Second And Final Reading Of The Development Agreement For A Time Certain. 5:40 p.m. First Readinq Public Hearinq (City Attorney's Office) (Continued from October 22,2014 - R7B) R7D A Resolution Accepting The September 24,2014 Unanimous Recommendation Of The Finance And Citywide Projects Committee To Dedicate The $10.5 Million Dollar Voluntary Contribution By 8701 Collins Development, LLC (8701), As Contemplated Under Resolution No.2014-28743, Toward The Area Of North Beach, North Of 69th Street; And To Utilize 50 Percent (50%) Of The $10.5 Million Toward The Revitalization Of North Beach Open Space Park, lncluding Creating An Endowment Account To Ensure The Future Renewal, Replacement And Maintenance Of The Park. (Public Works) (Continued from October 22,2014) R7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Change Order To David Mancini & Sons, lnc., For Additional Engineering Services, Drainage Structure Modification, Drainage Pipe, Storm Water Pump Station, Pollution Control Structure, Milling And Repaving And Water Main Replacement For The Biscayne Point Neighborhood RightOf-Way lmprovements Project, As Part Of A Flood Mitigation Project On Crespi Boulevard, For A Total Construction Cost Of $3,550,876. (Public Works) R7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 2 To Lanzo Construction Co., For Additional Engineering Services, Drainage Structure Modification, Drainage Pipe, And Water Main Replacement For The Sunset Harbour Pump Stations Retrofit And Drainage lmprovements Project, To Replace Failing Water Supply Distribution And lmprove Drainage On West Avenue And Bay Road ln Sunset Harbour, And Emergency Lining Of Sewer Force Mains On Sunset lslands, For A Total Construction Cost Of $5,090,71 8, Plus $500,000 Contingency. (Public Works) 8 Commission Agenda, October 29, 2014 R7 - Resolutions (Continued) R7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 3 To The Agreement With Bergeron Land Development, lnc., Dated April 30, 2014 (The Agreement), Related To The Completion Of Roadway lmprovements Along West Avenue Between 6th And 8th Streets And 10th, 14th, And 17th Streets West Of Alton Road With A Stormwater Pump To Be Constructed At 17th Street, Further lncreasing The Cost Of The Agreement Of $1 5,670,000. (Public Works) R9 - New Business and Commission Requests RgA Discussion Regarding A Resolution Pursuant To City Of Miami Beach Code Section 2-462(c), Granting A Waiver, By 5/7 Vote, Of The City's Post-Service Employment Prohibition, ln Connection With City Commissioner Ed Tobin's Statement Of lntention To Apply For Employment As A Certified City Of Miami Beach Police Officer, Finding That The Public lnterest Would Be Served By Such Waiver. (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: City Attorney's Office) RgB Discussion Regarding Pedestrian Priority Zone. (Requested by Vice-Mayor Michael Grieco) End of Aqenda 9 10 2014 Schedule of City of Miami Beach City Commission/Redevelopment Agency (RDA) Meetings and the Presentations & Awards Meetings The City Commission/RDA meetings will begin at 8:30 a.m., and the Presentation & Awards meetings will begin at 5:00 p.m. All meetings will be held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission/RDA Meetings Presentations & Awards Meetings January 15 (Wednesday) January 22 (Wednesday) February 12 (Wednesday) February 26 (Wednesday) March 5 (Wednesday) March 12 (Wednesday) April 23 (Wednesday) April 30 (Wednesday) May 21 (Wednesday) May 28 (Wednesday) June 11 (Wednesday) No Meetings July 23 (Wednesday) July 30 (Wednesday) August - City Commission/RDA in recess September 10 (Wednesday) September 17 (Wednesday) October 22 (Wednesday) October 29 (Wednesday) November 19 (Wednesday) November 20 (Thursday) December 17 (Wednesday) December 18 (Thursday) F:\CLER\$ALL\a City Commission\2014 Schedule of City of Miami Beach.docx 11 PA PRESENTATIONS AND AWARDS 12 Presentations and Awards PA1 Proclamation To Be Presented ln Honor Of "Teacher And School Staff Breast Cancer Screening Day ln The City Of Miami Beach," Recognizing The Collaboration Of The City Of Miami Beach/Miami Beach Chamber Of Commerce Healthcare Taskforce, Miami- Dade County Public Schools And The Mount Sinai Comprehensive Cancer Center's Efforts To Promote Preventive Health Measures ln Our Community During National Breast Cancer Awareness Month. (Requested by Commissioner Deede Weithorn) PA2 Certificate of Recognition To Be Presented To Adam Azan, Founder & President of Bags N'Stuff For His Activism To Help Foster Care Children. (Requested by Commissioner Deede Weithorn) PA3 Proclamation To Be Presented To The Organizers Of The Great Big Challah Bake. (Requested by Commissioner Deede Weithorn) PA4 Presentation By Officer Mariana Jomarron (Garcia) On Her Work Rescuing Animals ln The City Of Miami Beach. (Requested by Mayor Philip Levine) PAs Certificates Of Recognition To Be Presented To George Daly And Elias Hanono Of Boucher Brothers Management For Their Heroic Effort. (Requested by Mayor Philip Levine) PAO Certificate Of Recognition To Be Presented To Eugene Gernson, Pool Guard, City Of Miami Beach. (Requested by Mayor Philip Levine) PA7 Proclamation To Be Presented To Florida Highway Patrol. (Requested by Mayor Philip Levine) PA8 Proclamation To Be Presented To The Family Of The Late Jack Franco For His Contributions To The City Of Miami Beach. (Requested by Mayor Philip Levine) PAg Proclamation Recognizing November As National Adoption Month And Call To Action For Miami Beach Residents To Help Children ln Foster Care And Adoption. (Requested by Commissioner Edward L. Tobin) PA10 Certificates Of Appreciation To Be Presented To Participants Of First Beach Orientation Day, September 21,2014, For Sabrina Cohen Foundation. (Requested by Commissioner Edward L. Tobin) Asenda ttem PAI-/,{- Date /0-2 /'/(13 Presentations and Awards (Continued) PA11 Unit Citation Awards To Be Presented To The Following: Captain Patrick Huddleston, Lieutenant Bryan Baez, Lieutenant Jeremy Bloomfield, Firefighter Jose Martell, Firefighter Michael Saavedra, Firefighter David Yocum, Firefighter Ryan Yuhr, And Firefighter Alex Correa, For Their Part ln Saving A Young Man's Life On July 22,2014. (Fire) PA12 Unit Citation Awards To Be Presented To The Following: Captain Patrick Huddleston, Captain Charles Brown, Firefighter Hans Estrada, Firefighter Dave Frazier, Acting Lieutenant Zvi Hirsch, Firefighter Carlos Alonso, Firefighter Anthony Amoruso, Firefighter Robert Voss, Firefighter Danny Diaz, Firefighter Michael Mullins, Firefighter Kenneth Reardon, Lifeguard Osvaldo Garcia Jr., And Lifeguard Carlos Escudero, For Helping Rescue A Young Child From Drowning At 65th Street Beach. (Fire) PA13 Citizen Lifesaving Awards To Be Presented To John Siddons, And Jimmy Betancourt For Rescuing A Young Man From Drowning On July 5,2014. (Fire) PA14 Medal Of Valor To Be Presented To Captain Adonis Garcia For His Selfless And Brave Act When He Assisted A Miami Beach Police Officer ln Subduing A Violent Subject Off The 1600 Block Of Washington Avenue On July 25,2014. (Fire) PA15 Certificate Of Recognition To Be Presented To The Miami Beach Visitor And Convention Authority (VCA) For Their Award Winning Miami Beach API And APP, Which Was The 2014 Gold Magellan Award Winner ln The Destinations - Overall-Mobile APP Category For Travel Weekly Magazine. (Requested by Commissioner Micky Steinberg) 14 c2 COMPETITIVE BID REPORTS 15 COMMISSION ITEM SUMMARY Gondensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2014.343.SW FOR THE FURNISHING AND INSTALLATION OF HOLIDAY DECORATIONS. Item Summarv/Recommendation : !ntended Outcome Maximize The Miami Beach Brand As A World Class Destination. Supporting Data (Surveys, Environmenta! Scan, etc.): N/A The City Commission, at its July 30, 2014 meeting, approved terminating the City's current holiday lighting contract for storage, maintenance, and installation of City's inventory of holiday lighting decorations, awarded pursuant to lnvitation to Bid (lTB) No. 201 3-179-SW, and directed staff to release a new ITB for the rental and installation of holiday lighting. ln the new lTB, the ownership of City's inventory of holiday lighting decorations was to be transferred to the successful bidderfor a fee; thereby, eliminating the need for future storage requirements and adopting a "rent only" model for City-wide holiday decorations. Since there is an ongoing storage component for the City's owned inventory of holiday lighting decorations, termination of the current contract becomes effective upon the award of a new contract. The ITB was issued on September 10, 2014,with bids due on September 30,2014. The City received bids from Christmas Designers, lnc. (CDl) and South Florida Lighting Team, LLC d/b/a MiamiChristmas Lights. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and City Commission to award a contract to South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, the lowest bidder, as the primary vendor, and Christmas Designers, lnc., the second lowest bidder, as the secondary vendor. The secondary bidder would be utilized in the event that the primary bidder was unable to perform the requirements of the contract. RECOMMENDAT!ON Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract to South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, as the primary vendor and Christmas Desi lnc., as the secondary vendor. Advisorv Board Recommendation: Financia! lnformation : Financiat lmpact Summary: The annual cost associated with the furnishing and installation of holiday decorations is subiect to funds availability approved through the City's Alex Denis, Director Ext # 6641 Clerk's Office 1 4\October 29\Procu rement\lTB 20 1 4-34 lnstall Holiday Decorations AGENDA *TEM C4S nAIAMISTACH oew /o-d?- /V16 MIAMIBEACH City of Miomi Beqch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members of t FROM: Jimmy L. Morales, City Manager DATE: October 29,2014 SUBJECT:REQUEST FOR APPROVAL AWARD A CONTRACT PURSUANT TO |NVTTATTON TO BtD (tTB) 2014-343-SW FOR THE FURNISHING AND INSTALLATION OF HOLIDAY DECORATIONS. ADMI NISTRATION RECOMM ENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Maximize the Miami Beach Brand as a World Class Destination. FUNDING Account Code No.: 160-4300-000355 Amount: $230,000 BACKGROUND The City Commission, at its July 30, 2014 meeting, approved terminating the City's current holiday lighting contract for storage, maintenance, and installation of City's inventory of holiday lighting decorations, awarded pursuant to lnvitation to Bid (lTB) No. 2013-179-SW, and directed staff to release a new ITB for the rental and installation of holiday lighting. ln the new lTB, the ownership of City's inventory of holiday lighting decorations was to be transferred to the successful bidder for a fee; thereby, eliminating the need for future storage requirements and adopting a "rent only" model for City-wide holiday decorations. Since there is an ongoing storage component for the City's owned inventory of holiday lighting decorations, termination of the current contract becomes effective upon the award of a new contract. lTB PROCESS The ITB was issued on September 10,2014, with bids due on September 30,2014. Two (2) addenda were issued. The Procurement Department issued bid notices utilizing the Public Group and via email. The ITB resulted in the receipt of two (2) responses from Christmas Designers, lnc. (CDl) and South Florida Lighting Team, LLC d/b/a Miami Christmas Lights. The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. Veteran's preference was considered during the tabulation of the bids received. However, veteran's preference was not applicable to any of the bidders. 17 Commission Memorandum - ITB No. 2014-343-SW, Furnish and lnstall Holiday Lighting Decorations October 29,2014 Page2 ln evaluating the bids received it has been determined that South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, was the lowest responsive and responsible bidder, and Christmas Designers lnc., was the second lowest bidder. South Florida Lighting Team d/b/a Miami Christmas Liehts Christmas Designers, lnc. Group A iztg,47r.oo s190,691.25 Group B s80,485.65 S75,855.00 Group C s238,s00.00 5352,471.5O Group D s28,800.00 s38.610.00 Group E s258,904.80 s39s,029.s0 Total for Groups A - E Group F - Rebate for Owned Equipment Grand Total (3 Years) $82s,161.4s $L,os2,6s7.2s s25,000 s10,000.00 Sgoo,tot.+s 5L,o42,6s7.25 ln its due diligence, the Procurement Department verified the following: Minimum Qualifications and Requirements The ITB stated that bids will only be considered from firms that are qualified to satisfactorily perform the specified services. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has not had just or proper claims pending against him or his firm; and has provided similar type products and/or services. The evidence of similar type products and/or services will consist of a listing of contracts for having provided holiday d6cor installation to public and/or private sector clients, from three (3) references within the last five (5) years. The determination of capacity pursuant to this requirement is solely at the City Manager's discretion. South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, provided verifiable references from the Foram Group, 600 Brickell World Center; Continuum South Beach, and Aventura Mall. Christmas Designers, lnc., provided verifiable references from Kennedy Space Center, Benderson Development, Stiles Las Olas City Center, Gaylord Palms Resort and Convention Center, and Town of Palm Beach. Along with being the vendor providing holiday decorations for the City for the last eighteen (18) years. MANAGER'S DUE DILIGENCE & RECOMMENDATION After considering the responsiveness of the bids received, the City Manager exercised his due diligence and is recommending to the Mayor and City Commission to award a contract to South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, as the primary vendor, and Christmas Designers, lnc., as the secondary vendor. JLM/MT/EC/AD T:\AGENDA\2014\October 29\Procurement\lTB 2014-343-SW Furnish and lnstall Holiday Decorations - Memo.doc 18 THIS PAGE INTENTIONALLY LEFT BLANK 19 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL OF AMENDMENT 1 TO CONTRACTS WITH MIAMI ELEVATOR INSPECTIONS, INC., AND A.1 ELEVATOR INSPECTION, INC., AWARDED PURSUANT TO INVITATION TO BID NO. 33.11/12, FOR ELEVATOR INSPECTION SERVICES, TO INCLUDE AN HOURLY RATE FOR INSPECTION SERVICES AS REQUIRED BY THE BUILDING DEPARTMENT. lntended Outcome Su lmprove Building/Development Related Processes From Single Family Residences To The Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation : On May 9,2012, the City Commission approved the contract with Miami Elevator lnspections, lnc. and A-1 Elevator lnspection, lnc., pursuant to ITB 33-11112, for certain services relating to the inspection of elevators City-wide. The agreementwith these firms is currently effective through May 30,2015. The Building Department wishes to amend the current agreements to include a fixed hourly rate of $80/hour to provide the flexibility of obtaining elevator inspection consultants on an as needed basis. The current contract provides pricing only on a per inspection basis. With the implementation of new initiatives, these services can be more efficiently provided on an hourly basis. Therefore, the Building Department seeks to amend the contracts to provide for the option of an hourly inspection rate. The Administration believes the amendment is in the City's' best interest and seeks approval authorizing the amendment of the aforementioned agreements. The amendments to the agreements are attached. RECOMMENDATION The Administration recommends that the Mayor and City Commission authorize approval of Amendment 1 to the contracts with Miami Elevator lnspections, lnc. and A-1 Elevator lnspection, lnc.,to ITB 33-11112. N/A Financia! lnformation: Source of Funds: Financial lmpact Summary: This item does not amend the budget currently allocated in the following account: Building Department Operating Fund - Professional Services Account No. 01 1- 1 51 0-00031 2 Alex Denis, Director Ext # 6641 AGENEA TTEM C2BS AAtrAMISHACH ems lo'd?-/ tl20 ffi ,t, It ,, j'. ,. ", 1 \ !-., I i : ;\ i". i i'-'.:, I i '.,i ."., ',, i l*,,; City of Miqmi Beoch, 17OO Convention 33 I 39, www. miomibeochfl.gov Center Drive, Miomi Beoch, Florido COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: October 29,2014 SUBJECT: REQUEST FOR APPROVAL O[ AMENDMENT 1 TO CONTRACTS WITH MIAMI ELEVATOR INSPECTIONS, INC., AND A.1 ELEVATOR INSPECTION, INC., AWARDED PURSUANT TO INVITATION TO BID NO. 33-11112, FOR ELEVATOR INSPECTION SERVICES, TO INCLUDE AN HOURLY RATE FOR INSPECTION SERVICES AS REQUIRED BY THE BUILDING DEPARTMENT. KEY INTENDED OUTCOMES lmprove Building/Development Related Processes From Single Family Residences To The Large Development Projects. BACKGROUND On May 9,2012, the City Commission approved the contract with Miami Elevator lnspections, lnc. and A-1 Elevator lnspection, lnc., pursuant to ITB 33-11112, for certain services relating to the inspection of elevators City-wide. The agreement with these firms is currently effective through May 30, 2015. The Building Department wishes to amend the current agreements to include a fixed hourly rate of $8O/hour to provide the flexibility of obtaining elevator inspection consultants on an as needed basis. The current contract provides pricing only on a per inspection basis. With the implementation of new initiatives, these services can be more efficiently provided on an hourly basis. Therefore, the Building Department seeks to amend the contracts to provide for the option of an hourly inspection rate. The Administration believes the amendment is in the City's' best interest and seeks approval authorizing the amendment of the aforementioned agreements. The amendments to the agreements are attached. RECOMMENDATION The Administration recommends that the Mayor and City Commission authorize approval of Amendment 1 to the contracts with Miami Elevator lnspections, lnc. and A-1 Eleyqtor lnspection, Inc., pursuant to ITB 33-11112. JLM/JIMMF/AD T:\AGENDA\2014\Oclober\October 29\Procurement\Amendment 1 Elevator lnspection Services - Memo.doc 21 AMENDMENT NO. 1 TO THE CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT BETWEEN THE CITY OF MIAM! BEACH, FLORIDA AND A.1 ELEVATOR INSPECTION, !NC. EFFECTIVE DATE JUNE 1,2012 FOR SERVICES RELATED TO INSPECTION OF ELEVATORS ThisAmendmenttotheAgreementmadeandenteredthis-dayof-,2o14,byand between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and A-1 ELEVATOR INSPECTION, lNC., a Florida Corporation, whose address is 433 Plaza Drive, Tarpon Springs, Florida 34689 (hereinafter referred to as CONTRACTOR). RECITALS WHEREAS, the Mayor and City Commission awarded a Contract to A-1 Elevator lnspection, Inc. to provide elevator inspection services to the City on an as needed basis at its May 9,2012,City Commission Meeting, pursuant to lnvitation to Bid No. 33-11112; and WHEREAS, City of Miami Beach Certification of Contract (Contract No. 33-11/12) was executed by both parties and became effective on June 1,2012 for a one year period, with two one year renewals at the discretion of the City; and, WHEREAS, the Contract pursuantto ITB 33-11112 was renewed on September6,2013 and July 3, 2014 by the City Manager, and is now effective until May 30, 2015; and WHEREAS, the Building Department from time{o{ime has a need for hourly services related to certain elevator inspections and plan review services not stipulated for in the Contract; and WHEREAS, the parties agree that $80.00 per hour is a fair and competitive rate to pay for said elevator inspection and plan review services; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 2. MODIFICATIONS The Certification of Contract entered into pursuant to ITB 33-11112, effective date June 1, 2012, is hereby amended to include the following: "R. Hourly services provided by the Contractor to the City related to elevator inspections, administration or plan review services not othenruise stipulated in the Contract shall be paid at the rate of $80.00 per hour." 22 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and Contractor ratify the terms of the Agreement, as amended by this Amendment No.1. lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST:CITY OF MIAMI BEAGH By MayorCity Clerk ATTEST:CONTRACTOR By TITLE:TITLE: Print Name Print Name 23 AMENDMENT NO. 1 TO THE CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MIAM! ELEVATOR INSPECTIONS, INC. EFFECTIVE DATE JUNE 1,2012 FOR SERVICES RELATED TO INSPECTION OF ELEVATORS This Amendment to the Agreement made and entered this _ day of _,2014, by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and MIAMI ELEVATOR INSPECTIONS, lNC., a Florida Corporation, whose address is 2780 SW 87th Avenue, Miami, Florida, 33165 (hereinafter referred to as CONTRACTOR). RECITALS WHEREAS, the Mayor and City Commission awarded a Contract to Miami Elevator lnspections, lnc. to provide elevator inspection services to the City on an as needed basis at its May 9,2012, City Commission Meeting, pursuant to lnvitation to Bid No. 33-1 1112; and WHEREAS, City of Miami Beach Certification of Contract (Contract No.33-11/12) was executed by both parties and became effective on June 1,2012tor a one year period, with two one year renewals at the discretion of the City; and, WHEREAS, the Contract pursuant to ITB 33-11112 was renewed on September6,2013 and June 18,2014 by the City Manager, and is now effective until May 30,2015; and WHEREAS, the Building Department from time{o{ime has a need for hourly services related to certain elevator inspections and plan review services not stipulated for in the Contract; and WHEREAS, the parties agree that $80.00 per hour is a fair and competitive rate to pay for said elevator inspection and plan review services; and NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 2. MODIFICATIONS The Certification of Contract entered into pursuant to ITB 33-11112, effective date June 1, 2012, is hereby amended to include the following: "R. Hourly services provided by the Contractor to the City related to elevator inspections, administration or plan review services not othenruise stipulated in the Contract shall be paid at the rate of $80.00 per hour." 24 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and Contractor ratify the terms of the Agreement, as amended by this Amendment No.1. lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST:CITY OF MIAMI BEACH Gity Glerk ATTEST: Mayor CONTRACTOR By TITLE:TITLE: Print Name Print Name By 25 c4 COMMISSION COMMITTEE ASSIGNMENTS 26 g MIAMIBEACH TO: FROM: DATE: SUBJECT: Pleose ploce the obove on the October 29 , 2014 City Commission consent ogendo. I .l00 l5th Street is currently zoned RMI but historicolly it hos olwoys been commerciol. I recommend extending CDI one block to the south. lf you hove ony questions, pleose contoct me ot extension 6622. JVWM We ore committed to providing excellent public servrce ond solety to oll who live, work, ond ploy in our vibronl, fropical, historic cammuniNu Agenda ltem Date OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM Jimmy L. Moroles, City Monoger Joy V. W. Molokoff, Commissioner October 8,2014 Referrol lo Plonning Boord ond Lond Use ond Development Committee Regording o Zoning Ordinonce Amendment to Extend the CDI Block to Encomposs I l0O l5'h Street cqfrTdvT27 THIS PAGE INTENTIONALLY LEFT BLANK 28 c7 RESOLUTIONS 29 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing the City Manager to submit budget amendment to the State of Florida Department ol Economic Opportunity (DEO) to enable the amendment of remaining Neighborhood Stabilization Program 1 (NSP1) funds for the acquisition of the Lottie Apartments, Madeleine Village Apartments and Neptune Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation : The City is the recipient of Neighborhood Stabilization Program 1 (NSP1) funds awarded by the State of florida Department of Economic Opportunity (DEO). The City's remaining balance of NSPl funds is $201,801. At its September 17,2014 meeting, the City Commission approved the acquisition of five MBCDC to secure City assets that had been invested in these properties. Three of these properties were initially acquired and rehabilitated with NSPI funds: Lottie Apartments (Lottie), Madeleine Village Apartments (Madeteine) and Neptune Apartments (Neptune). While the City will acquire these properties for 910 each, the associated closing costs are substantially greater. The estimated closing costs are $23,065 for the Lottie and Madeleine. The Neptune and Allen Apartments (Allen) have mortgages financed by private lending institutions that will require pay-off. The Administration will return to Commission to allocate funds for the acquisition of the Madeleine, Allen and Barclay Plaza Apartments in the coming weeks. NSPI guidelines allow the City to utilize its remaining funds to acquire these properties as a means of preserving the affordable housing units created with their initial purchase. DEO has already provided support for the Administration's re@mmendation of reprogramming the existing NSPI balance and amending the City's grant budget to enable the use of these funds for the acquisition of previously-assisted NSPI properties. The remaining balance of $1 78,176 can then be utilized to establish operating reserve accounts to ensure the upkeep and maintenance of these properties as rent revenues will not be sufficient for a considerable period. lf needed, these funds can also be utilized to help fund the acquisition of the remaining NSP1-assisted property, the Neptune Apartments and, if funds still remain, also establish an operating reserve for this building. Administration Recommendation - Adopt the Resotution. Financial lnformation: Source of Funds: Amount Account 1 $ 201,801 1 38.5668.0001 1 1, 000326, 000343, 000349 2 3 OBPI Total $ 201,801 FinanCial lmpact Summary: Funds will acquire noted properties with balance for operating reserves. Maria Ruiz/ Housing & Community Services Department Director Assis$f, Gity Manager \pity Manager MLR $U:KGB /T/JI>*r-t/JLM ,/ AGE}IDA NEM C 7AMIAMIBEACHD^rE lo*?ry30 MIAMIBEACH Ciry of lYliomi Beoch, ,l700 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members of fte City Co FRoM: Jimmy L. Morales, City Manager DATE: October 29,2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMTC OppORTUNtTy (DEO) TO AMEND THE ctTY's NETGHBORHOOD STABILIZAT|ON PROGRAIU 1 (NSpl) GRANT AGREEMENT lN THE AiIOUNT OF $201,801.66; AUTHORIZING THE CITY i,IANAGER TO UTILIZE THESE AMENDED FUNDS FOR THE ACQUISITION OF THE LOTTIE APARTMENTS, MADELEINE VILLAGE APARTMENTS AND NEPTUNE APARTMENTS; AND FURTHER DIRECTING THAT THE REII'IAINING FUNDS BE USED TO CREATE AN OPERATING RESERVE FORTHE CONTINUED Ii'IAINTENANCE OF THE AFOREMENTIONED PROPERTIES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City is the recipient of Neighborhood Stabilization Program 1 (NSP1) funds awarded by the State of Florida Department of Economic Opportunity (DEO). ln total, the City received $9,305,268 in NSP1 funds which enabled the acquisition and rehabilitation of three affordable housing projects:o Lottie Apartments (Lottie)o Madeleine Village Apartments (Madeleine). Neptune Apartments (Neptune) These properties are currently owned and managed by Miami Beach Community Development Corporation (MBCDC). The City's remaining balance of NSP1 funds is $201,801. At its September 17 , 2014 meeting, the City Commission approved the acquisition of five MBCDC properties in order to secure the City assets that had been invested in these properties. The properties acquired and rehabilitated with NSP1 funds are among those approved for acquisition: Lottie, Madeleine and Neptune. 31 Commission Memorandum NSP1 BudgetAmendment October 29, 2014 Pase 2 ot 2 ANALYSIS The Lottie and Madeleine were acquired and rehabilitated solely with NSP1 funds. NSP1 requires that properties acquired and/or rehabilitated with its funds remain affordable for a minimum of 20 years. Because MBCDC has had difficulty managing its portfolio of properties, the City's acquisition will ensure that these affordable housing projects remain in the City's affordable housing stock and compliant with the terms of the City's use of NSP funds. The City will acquire these properties for $10 each. However, the closing costs associated with the change in title are substantially greater. The estimated closing costs ate'. NSP1 guidelines allow the City to utilize these funds to acquire these properties as a means of preserving the affordable housing units created with their initial purchase. DEO has already provided support for the Administration's recommendation reprogramming its existing NSP1 balance and amending the City's grant budget for the acquisition of previously-assisted NSP1 properties. The remaining balance of $178,176 can then be utilized to establish operating reserve accounts to ensure the upkeep and maintenance of these properties as rent revenues will not be sufficient for a considerable period. lf needed, these funds can also be utilized to help fund the acquisition of the remaining NSPl-assisted property, the Neptune Apartments and, if funds still remain, also establish an operating reserve for this building. ln addition, the Administration expects to return to the Commission in the coming weeks to secure the funds necessary to acquire the remaining MBCDC properties approved for acquisition: Barclay Plaza Apartments, Allen Apartments and the Neptune. Please note that the Allen and Neptune properties have mortgages secured by private lending institutions which will require pay-off at the time of acquisition. CONCLUSION The Administration recommends approving and authorizing the City Manager to submit a request to DEO amending the City's Neighborhood Stabilization Program 1 (NSP1) grant agreement to enable the City Manager to utilize NSP1 funds for the acquisition of the Lottie Apartments, Madeleine Village Apartments and Neptune Apartments; and further directing that the remaining funds be used to create an operating reserve for the continyqd maintenance of the aforementioned properties.II,Iil) JM/K6UMLRY T:\AGENDAV014\Oclober\Housing & Communig Services\NSP 1 Budget Amendment MEMO Madeleine Villaqe Apartmentsl 787 1 Crespi Boulevard 32 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC oPPORTUNTTY (DEO) TO AMEND THE CtTY',S NETGHBORHOOD STABTL|ZATION PROGRAM I (NSP1) GRANT AGREEMENT tN THE AMOUNT OF $201,801.66; AUTHORIZING THE CITY MANAGER TO UTILIZE THESE AMENDED FUNDS FOR THE AGQUISITION OF THE LOTTIE APARTMENTS, MADELEINE VILLAGE APARTMENTS AND NEPTUNE APARTMENTS; AND FURTHER DIRECTING THAT THE REMAINING FUNDS BE USED TO CREATE AN OPERATING RESERVE FOR THE SUBSEQUENT MAINTENANCE OF THE AFOREMENTIONED PROPERTIES. WHEREAS, on July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program 1 (NSP1), which directed the Department of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes; and WHEREAS, the State of Florida Department of Economic Opportunity (DEO) is the entity managing the NSP1 allocation to the City of Miami Beach; and WHEREAS, on March 18,2009, the City approved Resolution No.2009-27039, approving the City's planned use of and application of NSP1 funds to purchase and rehabilitate one or more foreclosed or abandoned multi-family buildings to be made available as rental housing properties for income- qualified households; and WHEREAS, the City was awarded a total of $9,305,268 in NSPI funds, through an initial allocation (plus two subsequent allocations); and WHEREAS, the Administration conducted a duly-noticed procurement process for award of the first allocation, resulting in the City Commission's approval on September g, 2009, of Resolution No. 2009-27194, which authorized the City to enter into an agreement with Miami Beach Community Development Corporation to carry out the City's planned use of, and application for, NSP1 funds (.MBCDC Agreement"); and WHEREAS, the initial strategy was to fund the acquisition and rehabilitation of one affordable housing project, which resulted in MBCDC's acquisition of the 16-unitforeclosed building, located at7871 Crespi Boulevard, which was later named The Madeleine; and WHEREAS, on February 3, 2010, the MBCDC Agreement was amended per Resolution No. 2010-27335, to allow for the allocation of additional NSPl funds received by the City, in the amount of $4,755,717; and WHEREAS, the additional acquisition and rehabilitation funds resulting from the second and third allocations were authorized for MBCDC's acquisition and rehabilitation of The Neptune, a 35-unit foreclosed apartment building located at 1632 Meridian Avenue, and The Lottie, a nine-unit foreclosed apartment building which contains large apartments and is suitable for families, located at 530 75 Street; and WHEREAS, on May 12, 2010, the City Commission approved Resolution No. 2010-27390, authorizing the reallocation of NSP1 funds, in the amount of $246,898.53, from The Madeleine to The Neptune; utilizing the second NSP1 allocation, in the amount ol $4,432,328.24; utilizing FY2009/10 US HUD HOME funds, in the amount of $650,000; and subordinating the City's first lien position for The Neptune to private bank financing acquired by MBCDC, in the amount of $700.000; and WHEREAS, the City was allowed to use a maximum of 6.8%, or $632,758, of the total NSP1 allocation for administrative funds (Administrative Funds); and 33 WHEREAS, as of September 30, 2012, the remaining balance of Administrative Funds was $300,953.95, and the City's NSP1 grant agreements with the DEO ( DEO Agreement) and MBCDC Agreement were set to expire on November 23,2012; and WHEREAS, the DEO requested that City again extend the DEO Agreement and the MBCDC Agreement through February 15,2013, in order to rent all 60 units for The Madeleine, The Neptune and The Lottie and meet the National Objective as established by HUD; and WHEREAS, the DEO requested the City again extend the DEO Agreement and the MBCDC Agreement for an additional six (6) months, in order to occupy all units, close out the NSPl grant, and resolve the pending issue of the City's unspent Administrative Funds; and WHEREAS, pursuant to Resolution No. 2013-28139, the DEO Agreement and the MBCDC Agreement were extended through August 15, 2013; and WHEREAS, as of April 1 , 2013, The Madeleine, The Neptune, and The Lottie were fully leased and the HUD National Objective was met; and WHEREAS, the DEO requested that the DEO Agreement be extended six (6) months, from February 15, 2014 through August 15, 2014, in order to close out the NSP1 grant, and provide an opportunity for the City to find eligible NSPl activities to enable the expenditure of unspent Administrative Funds; and WHEREAS, the current balance of unspent Administrative Funds is approximately $201,801.66; and WHEREAS, the City Commission approved the use of these funds to purchase and rehabilitate, as necessary, foreclosed or abandoned properties for the use of rental housing unit(s) for low to moderate income persons until all funds are fully expended at its June 1 1, 2014 meeting; and WHEREAS, at its September 17,2014, the City Commission provided the City Manager with the approval to pursue the acquisition of five affordable housing properties currently owned by Miami Beach Community Development Corporation; and WHEREAS, two of these properties, the Lottie Apartments and the Madeleine Village Apartments, are eligible to be acquired with NSPI funds; and WHEREAS, the NSP1 funds are sufficient to cover the closing costs associated with the acquisition of these properties; and WHEREAS, the Neptune Apartments, also one of the properties identified for acquisition, was acquired and rehabilitated with NSP1 funds; and WHEREAS, the Neptune Apartments has a mortgage held by a private lending institution that would require pay-off at time of acquisition; and WHEREAS, NSPI funds can be utilized to partially pay for the payoff of the mortgage and closing costs for the Neptune Apartments; and WHEREAS, the balance of the NSP1 funds, remaining after property acquisition, can be utilized to create operating reserve accounts to ensure the ongoing maintenance of these properties. 34 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 City Manager to submit a request to the State of Florida Department of Economic Opportunity (DEO) to amend the City's Neighborhood Stabilization Program 1 (NSP1) grant agreement, in the amount of $201,801.66; authorize the City Manager to utilize these amended funds for the acquisition of the Lottie Apartments, Madeleine Village Apartments and Neptune Apartments; and further direct that the remaining funds be used to create an operating reserve for the subsequent maintenance of the aforementioned properties. PASSED AND ADOPTED this day of ATTEST: Rafael E. Granado, City Clerk T:\AGENDA\2014\Octobenodober 2g\Housing & Community Seruies\NSP1 Budget Amondment RESO 2014. Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 35 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMT BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE AUDTT COMMITTEE PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO,2O1+276.1R FOR AUDITTNG SERVICES TO EXAMINE THE CITY BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 STNGLE AUDIT) AND THE FINANCIAL STATEMENTS OF THE MrAMt BEACH REDEVELOPMENTAGENCY'S (RDA) , THE PARKING SYSTEMS FUND',S (PSF) , THE MrAMt BEACH V|SITOR AND CONVENTTON AUTHOR|TY'S (VCA), THE MIAMI BEACH CONVENTION CENTER (MBCC), AS MANAGED By GLOBAL SPECTRUM (cS), THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNp), CHTLDREN TRUST (CT) AND BUILDING BETTER COMMUNITIES the overall financial health and maintain overall bond Data (Surveys, Environmental Scan, etc: NiA On July 23, 2014, the City Commission approved the issuance of the subject Request for Propos-l (RFP)in September 25,2014, the RFP was issued with an opening date of October 17,2014. A pre-proposal conference to provide information to the proposers submitting a response was held on October 3,2014. Per Florida Statute 218.391, each local government entity shall establish an Audit Committee that at a minimum shall consist of each of the local govemment officers elected or a designee. The purpose of the Audit Committee is to assist the governing body in selecting an auditorto conductthe annual financial audit required in S.281.39. The Audit Committee shall evaluate, rank and recommend in order of preference no fewer than three firms to be the most highly qualified to perform the required services. The Mayor and City Commission appointed the following individuals to the Audit Committee: Commissioner Deede Weithorn, Marc Gidney, Sandy Horwitz, Dana Kaufman, Ronald Starkman, ArthurUngerandMichael Weil. TheAuditCommitteeconvenedonOctober23,20l4,toconsiderproposalsreceived. After considering each firm's-groposal and presenFtion, the Audit Committee ranked the four firms in the following order: 1t'- Crowe Honrvath, 2nd - Cheny Bekaert, 3'd - Moore Stevens Lovelace, and 4th - Marcum LLp. The City Manager concurs with the Audit Committee's recommendation and, in accordance with Florida Statute, is hereby fonruarding the Audit Committee's recommendation to the City Commission for its consideration. AUDIT COMMITTEE'S RECOMMENDATION The Audit Committee recommends that the Mayor and City Commission of the City of Miami Beach, Florida authorize the administration to enter into negotiations with the top-ranked firm, Crowe Honrath; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second- ranked proposer, Cherry Bekaert; and should the Administration not be successful in negotiating an agreementwith the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Moore Stevens Lovelace; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Marcum LLP; and further authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations by the Administration. ADOPT THE RESOLUTION Financial lnformation : Source of Funds: @ Amount Account 1 $168,060 011-9310-000312 - Audit of City Basic Financial Statement (CAFR); OMB A- 133 Single Audits; Management Letter in Accordance with the Rules of the Auditor General of the State of Florida; Safe Neighborhood Parks Single Audit (SNP), Buildino Better Communities: and Children's Trust $ 21,000 168-1985-000312 - Miami Beach RedevelopmentAgency (RDA) $ 21,000 480-0461-0003'12 - Miami Beach Parking Systems Funds (PSF) $ 19,000 160-4300-000312 - Miami Beach Msitor and Convention Authority (VCA) $ 19.000 440-0442-000312 - Miami Beach Convention Center and Jackie Gleason Theater of the Performinq Arts. as Manaoed bv Global Soectrum OBPI Total $ 248,060 Financial !mpact Summary: ,D - AGENDA ITEM c7BMIAMIBEACHDATE36 g MIAMIBEACH Gity of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City FROM: Jimmy L. Morales, City Manager DATE: October 29,2014 SUBJECT:A RESOLUTION OF THE MA MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE AUDIT COMMITTEE PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSAL (RFp) NO. 2014-276-LR FOR AUDIT!NG SERVICES TO EXAMINE THE CITY BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 STNGLE AUDTT) AND THE FINANC|AL STATEMENTS OF THE MIAMI BEACH REDEVELOPMENT AGENCY'S (RDA) , THE PARKING SYSTEMS FUND'S (PSF) , THE M!AM! BEACH VISTTOR AND CONVENTTON AUTHORTTY',S (VCA), THE MIAMI BEACH CONVENTTON CENTER (MBCC), AS MANAGED BY GLOBAL SPECTRUM (GS), THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP), CHTLDREN TRUST (CT) AND BUTLDTNG BETTER COMMUNTTTES (BBC). ADMI NISTRATION RECOMM EN DATION Adopt the Resolution. FUNDING Amount of $248,060 from the following Account Numbers: 011-9310-000312 - Audit of City Basic Financial Statement (CAFR) - Amount: $115,260 011-9310-000312 - OMB A-133 Single Audits - Amount: $23,000 01 1-9310-000312 - Management Letter in Accordance with the Rules of the Auditor General of the State of Florida - Amount - $2,300 01 1-9310-000312 - Safe Neighborhood Parks Single Audit (SNP) - Amount: $9,500 011-9310-000312 - Building Better Communities - Amount: $8,500 01 1-9310-000312 - Children's Trust - Amount: $9,500 168-1985-000312 - Miami Beach Redevelopment Agency (RDA) - Amount: $21,000 480-0461-000312 - Miami Beach Parking Systems Funds (PSF) - Amount: $21,000 160-4300-000312 - Miami Beach Visitor and Convention Authority (VCA) - Amount: $19,000 440-0442-000312 - Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts, as Managed by Global Spectrum - Amount: $19,000 BACKGROUND The City of Miami Beach (the City) is required to have an annual audit in accordance with Florida Statute 218.39 performed on the City's Comprehensive Annual Financial Report (CAFR). Other audits are required to be performed in accordance with the U.S. Office of Management and Budget (OMB) Circulars, Bonded Debt Covenants, Performance Management and/ or Grant Agreements. Each audit herein must be conducted by an independent audit firm. R AND CITY COMMISSION OF THE CITY OF 37 Commission Memorandum - RFQ 2014-27dLR Auditing Servlces October 29, 2014 Page 2 The City of Miami Beach issued a Request for Proposals (RFP) to establish an agreement for auditing services to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR), Federal grant programs and State projects (OMB A-133 Single Audit) and the financial statements of the Miami Beach Redevelopment Agency's (RDA) , the Parking Systems Fund's (PSF) , the Miami Beach Visitor and Convention Authority's (VCA), the Miami Beach Convention Center (MBCC), as managed by Global Spectrum (GS), the Safe Neighborhood Parks and Bond Program (SNP), Children Trust (CT) and Building Better Communities (BBC). RFP PROCESS On July 23, 2014, the City Commission approved the issuance of the subject Request for Proposal (RFP). On September 25, 2014, the RFP was issued with an opening date of October 17, 2014. A pre-proposal conference to provide information to the proposers submitting a response was held on October 3,2014. The City received four (4) proposals from the following: . Cherry Bekaert. Crowe Honryath. Marcum LLPr Moore Stevens Lovelace Per Florida Statute 218.391, each local government entity shall establish an Audit Committee that at a minimum shall consist of each of the local government officers elected or a designee. The purpose of the Audit Committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in S. 281.39. The Audit Committee shall evaluate, rank and recommend in order of preference no fewer than three firms to be the most highly qualified to perform the required services. The Mayor and City Commission appointed the following individuals to the Audit Committee: Commissioner Deede Weithorn, Marc Gidney, Sandy Horwitz, Dana Kaufman, Ronald Starkman, Arthur Unger and Michael Weil. The Committee convened on October 23, 2014, to consider proposals received. The Committee was provided an overview of the project, information relative to the Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided general information on the scope of services, references and a copy of each proposal. The results of the evaluation process and recommendation of the Audit Committee were presented to the City Manager for recommendation to the City Commission. After proposer's presentations and interviews, the Committee discussed the proposers' qualifications, experience, and competence, and further scored the proposers accordingly. The Committee was instructed to score each proposal pursuant to the evaluation criteria established in the RFP. Step 1 - Qualitative Criteria: Maximum Points Proposer Experience and Qualifications, including Financial Capability 30 Scope of Services Proposed 10 Approach and Methodology 30 TotalAvailable Points Step 1 70 38 Commission Memorandum - RFQ 2014-276-LR Auditing Servlces October 29, 2014 Page 3 Step 2 - Quantitative Criteria: Cost Proposal 30 TotalAvailable Points Step 2 30 Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to the following ordinances. VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. Please note that no proposer was eligible for Veteran's preference. The Committee's rankings were as follows: RFP 2014- 276-LR Auditing Services Commissioner Deede Weithorn o)cvc (Et Marc Gidnev c =c(Et Sandy HorwiE o)cI od Ronald Starkman o)Cv ot Arthur Unqer o)cYc t Michael Weil U)cI (Et LOW AGGREGATE TOTALS Yz E, Cherry Bekaert 93 2 92 2 77 2 85 2 95 3 92 2 13 2 Crowe Horwath 98 1 99 1 88 I 95 1 98 2 99 1 7 1 Marcum LLP 93 2 91 3 69 4 84 3 94 4 87 4 20 4 Moore Stevens Lovelace 87 4 89 4 72 3 82 4 100 1 90 3 19 3 Final rankings were as follows:1. Crowe Honrath2. Cherry Bekaert3. Moore Stevens Lovelace4. Marcum LLP The City Manager concurs with the Audit Committee's recommendation and, in accordance with Florida Statute, is hereby forwarding the Audit Committee's recommendation to the City Commission for its consideration. CONCLUS!ON The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the Audit Committee pertaining to the ranking of proposals, pursuant to Request for Proposal (RFP) No. 2014-276-LR, Auditing Services to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR), Federal grant programs and State projects (OMB A-133 Single Audit) and the financial statements of the Miami Beach Redevelopment Agency's (RDA) , the Parking Systems Fund's (PSF) , the Miami Beach Visitor and Convention Authority's (VCA), 39 Commission Memorandum - RFQ 2014-276-LR Auditing Services October 29, 2014 Page 4 the Miami Beach Convention Center (MBCC), as managed by Global Spectrum (GS), the Safe Neighborhood Parks and Bond Program (SNP), Children Trust (CT) and Building Better Communities (BBC); authorizing the administration to enter into negotiations with the top- ranked firm, Crowe Honruath; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Cherry Bekaert; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Moore Stevens Lovelace; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Marcum LLP; and further authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations by the Administration. JLM /KGB/MT/PWAD/JS T:\AGENDA\20'1 4October29\20 1 4-276-LR Auditing Services - Memo Final.doc 40 RESOLUTION TO BE SUBMITTED 41 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL BIDS RECEIVED, PURSUANT TO INVITATION TO BID NO. 2014.228-JR, FOR THE 7th STREET PARKING GARAGE RENOVATION. Item Summary/Recommendation : Build and Maintain lnfrastructure With Full Supporting Data Environmental Scan, etc: N/A The project consists of renovating the existing structural deficiencies at the parking garage located on 7th Street and Collins Ave. The deficiencies and failures are in the water proofing, tratfic coating, planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recertify electrical lighting protection system. The scope of work will also include re-striping of the parking stalls, removal and reinstallation of the plan material in the planters, repairs to the irrigation system in the planters, and structural repairs and painting of the existing trellis. ITB PROCESS ITB No. 2014-230-YG, was issued on August 13,2014, with a bid opening date of October 8,2014. Four (4) addenda were issued. The Procurement Department issued bid notices to eighty nine (89) firms. Sixty seven (67) prospective bidders accessed the advertised solicitation. The ITB resulted in the receiptof three (3) responses from TagarelliConstruction, lnc., Tendon Systems LLC and Contracting Specialists lncorporated (CSl). Comoanv Name Total Bid Tagarelli Construction, lnc. Tendon Systems LLC $ 2,165,912.60 $ 3,377,893.58 ContractingSpecialistlncorporated(CSl) $3,825,183.39 Upon receipt and review of the bids received, the Administration has determined that all bids received exceed the available budget of $1,610,000 for this project. RECOMMENDATION ntter reviewing the bid prices and the budget for this project, the City Manager recommends rejecting all bids received. Furthermore, following the rejection of all bids, the City Manager will direct staff to evaluate the bid specifications and complete a new construction cost estimate. Following this analysis, a determination will be made to reissue an ITB with revised specifications and/or seek additional funding for the project. ADOPT THE RESOLUTION. Financia! Information: Source of Funds: Amount Account 1 N/A N/A 2 OBPI Total Financial lmpact Summary: 29\Procu reme n l\lT B-20 1 4-228-J R 7th Street Pa rki n g Garage (Reject B ids) AGENDA ITEfi'c7C AAIAMISHACH trffil /0dq-/q42 MIAMIBEACH City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members the City mrssron Jimmy L. Morales, City Manager DATE: October 29,2014 SUBJECT: A RESOLUTION OF THE MIAMI BEACH, FLORIDA, MAY AND CITY COMMISSION OF THE CITY OF NG THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL BIDS RECEIVED, PURSUANT TO INVITATION TO BtD NO. 201+228.JR, FOR THE 7th STREET PARKTNG GARAGE RENOVATION. ADMINISTRATION RECOMM EN DATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Build and Maintain Priority lnfrastructure with Full Accountability BACKGROUND The project consists of renovating the existing Structural deficiencies at the Parking Garage located on 7th Street and Collins Ave. The deficiencies and failures are in the water proofing, traffic coating, planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recertify electrical lighting protection system. The scope of work will also include re-striping of the parking stalls, removal and reinstallation of the plan material in the planters, repairs to the irrigation system in the planters, and structural repairs and painting of the existing trellis. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of this project. ITB PROCESS ITB No. 2014-230-YG, was issued on August 13,2014, with a bid opening date of October 8, 2014. Four (4) addenda were issued. The Procurement Department issued bid notices to eighty nine (89) firms utilizing the www.Publicpurchase.com website. Sixty seven (67) prospective bidders accessed the advertised solicitation. The ITB resulted in the receipt of three (3) responses from Tagarelli Construction, lnc., Tendon Systems LLC and Contracting Specialists lncorporated (CSl). Company Name Total Bid Taqarelli Construction, lnc.$ 2,165,912.60 Tendon Svstems LLC $ 3.377,893.58 Contractinq Soecialist lncoroorated (CSl)$ 3,825,183.39 Upon receipt and review of the bids received, the Administration has determined that all bids received exceed the available budget of $1 ,610,000 for this project. TO: FROM: 43 Commission Memorandum - ITB-2014-228-JR 7th Street Parking Garage Renovation October 29,2014 Page 2 MANAGER'S DUE DILIGENCE & RECOMMENDATION After reviewing the bid prices received and the budget for this project, the City Manager recommends rejecting all bids received. Furthermore, following the rejection of all bids, the City Manager will direct staff to evaluate the bid specifications and complete a new construction cost estimate. Following this analysis, a determination will be made to reissue an ITB with revised specifications and/or seek additional funding for the project. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the Resolution accepting the recommendation of the City Manager to reject all bids received, pursuant to lnvitation to Bid No. 201 4-228-JRfor the 7th Street Parking Garage Renovation. JLM/MT/DM/AD T:\AGENDA\2014\October\October 29\Procurement\lTB-2O1 4-228-JR 7th Street Parking Garage (Reject Bids) - Memo (2).doc 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL BIDS RECEIVED, PURSUANT TO INVITATION TO BID NO. 2014.228-JR FOR THE 7th STREET PARKING GARAGE RENOVATION. WHEREAS, lnvitation to Bid No. 2014-228-JR (the ITB), for the 7rH Street Parking Garage Renovation, was issued on August 31, 2014, with an opening date of October 8,2014; and WHEREAS, a pre-bid conference to provide information to the bidders was held on August 21,2014; and WHEREAS, the City received bids from the following firms: (1) Tagarelli Construction, lnc., (2) Tendon Systems LLC and (3) Contracting Specialists lncorporated - South East (CSl); and WHEREAS, the lowest bidder, Tagarelli Construction, lnc., was deemed non-responsive for failure to meet the ITB's minimum qualifications and requirements; and WHEREAS, the total bid amount of the second lowest bidder, Tendon Systems LLC, significantly exceeded the budget for this project; and WHEREAS, the Administration recommends the rejection of all bids received pursuant to the ITB; and WHEREAS, the City Manager will direct staff to evaluate the bid specifications and complete a new construction cost estimate; and WHEREAS, following the analysis, a determination will be made to reissue a new ITB with revised specifications and/or seek additional funding for the project; and WHEREAS, after reviewing the Administration's recommendation, the City Manager exercised his due diligence and recommends that the Mayor and the City Commission reject all bids received pursuant to this lTB. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager to reject all bids received, pursuant to lnvltation to Bid No.2O14-228-JR for the 7th StrLet Partiing Garage Renovation. PASSED AND ADOPTED this ATTEST: day of 2014. Rafael E. Granado, City Clerk Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE T:\AGENDA\2014\OctobeAOctober 29\Procurement\lTB-2014-228-JR 7th Street Parking Garage (Reject Bids) !ffF@RiG|6eUT|oN /dty/rv - Dote 45 R5 ORDINANGES 46 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Ordinance No. 93-2836 Of The City Of Miami Beach, Regarding The Establishment Of A Tru Fund For The "City Center/Historic Convention Village Redevelopment And Revitalization Area," By Amending Section Thereof To Extend The Period Of Funding The Trust Fund;For Repealer, Severability, And An Effective Date. Item 9ummary/Recommendation :SECOND READING / PUBLIC HEARING Expeditiously Upgrade The Convention Center To Be Smart, Modern, Energy Efficient And Which Fits Local Context, Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey reported that over half of businesses (56%) claimed that the Miami Beach Convention Center added to the success of their business. Six in ten businesses (61%) support improvements of at least $300 million for the Miami Beach Convention Center. On January 26, 1993, Miami-Dade County (the "County") adopted Resolution No. R-14-93, which among other things 1i) found the "City Center Redevelopment Area" or "Redevelopment Area" to be a "blighted area" within the meaning of Part lll of Chapter 163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410, Ftorida Statutes, certain powers conferred upon the County Commission as the governing body of Dade County by Part lll of Chapter 163, Florida Statutes, with regard to the Redevelopment Area, so that the City Commission, either directly or through its duly designated community redevelopment agency, could exercise such powers. On February 3, 1993, the City adopted Resolution No. 93-20709, which established a community redevelopment agency (the "Miami Beach Redevelopment Agency" or the "Agency"), and declared the members of the City Commission as the members of the Agency. Subsequently, on February 12, 1993, the City adopted Resolution No. 93-20721, which adopted the Agency's City Center/Historic Convention Village Redevelopment and Revitalization Area plan (the "Plan") for the redevelopment and revitalization of the Redevelopment Area. On February 24, 1993, the City enacted Ordinance 93-2836, which created a City Center/Historic Convention Village Redevelopment and Revitalization Trust Fund (the "Fund" or "Trust Fund") and provided a funding mechanism for implementing the Plan. The County, on March 30, 1993, adopted Resolution No. R-317-93, which among other things (i) adopted the Plan, and (ii) approved the lnterlocal Cooperation Agreement, between the County and the City, dated and executed on November 16, 1993 (as amended, the "CRA lnterlocal Agreement"). The County then enacted The City's proposed Convention Center Renovation and Expansion Project (the "Project") is estimated to cost a total of $582 million of which approximately $275 million will be funded from the RDA to fund a portion of such Project. ln addition, approximately $36 million for ancillary Redevelopment Area capital projects, which are part of the existing Plan, as well as all costs of issuance and debt service reserves associated with the 2015 Bonds (as herein after defined) and refunding of the existing bonds are all anticipated to be part of the Project financing. The Agency intends to incur debt in an amount not to exceed $430,000,000.00 (the "2015 Bonds") secured by tax increment revenues of the Agency. On or around June 2014, the County and City Administrations commenced negotiations and terms of a Memorandum of lntent (the'MOl"). On June 22,2014, the City Commission, approved Resolution No.2014-28644, which approved a Memorandum of lntent (the "MOl"), memorializing the aforementioned terms. The County Mayor has committed to promote and recommend the terms of the MOl, which will be incorporated into final documents-including the aforestated Plan amendment; the proposed (third) amendment to the CRA lnterlocal Agreement; and an amended and restated CDT lntedocal Agreement-which will be presented to the City Commission at the October 29,2014 meeting. The first step in the process requires the City Commission to amend Ordinance No. 93-2836 as required as a condition to the issuance of the 2015 Bonds. First Reading of the subject item was held at the October 22,2014. Citv Commission meetino. Financial lnformation: Source of Funds: OBPI Amount Account 1 Total Financial lmpact Summary: Max Sklar, Tourism and Cultural Director H5A D- "q-lc/E MIAMIBEACH 47 g MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov CITY COMMISSION MEMORANDUM AgencyTO: Chairperson and Members of the Mia i Beach FROM: Jimmy L. Morales, City Manager DATE: October 29,2014 SECOND READING / PUBTIC HEARING SUBIECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO.93.2836 OF THE CITY OF MIAMI BEACH, REGARDING THE ESTABLISHMENT OF A TRUST FUNDFOR THE ..CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA," BY AMENDING SECTION 4 THEREOF TO EXTEND THE PERIOD OF FUNDING THE TRUST FUND; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. BACKGROUND On January 26, 1993, Miami-Dade County (the "County") adopted Resolution No. R-14-93, which among other things (i) found the area in the City of Miami Beach (the "City") bounded on the East by the Atlantic Ocean, on the North by 24th Street, on the West by West Avenue, and on the South by 14th Lane (the "City Center Redevelopment Area" or "Redevelopment Area") to be a "blighted area" within the meaning of Part lll of Chapter 163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410, Florida Statutes, certain powers conferred upon the County Commission as the governing body of Dade County by Part lll of Chapter 163, Florida Statutes, with regard to the Redevelopment Area, so that the City Commission, either directly or through its duly designated community redevelopment agency, could exercise such powers. On February 3, 1993, the City adopted Resolution No.93-20709, which established a community redevelopment agency (the "Miami Beach Redevelopment Agency" or the "Agency"), and declared the members of the City Commission as the members of the Agency. Subsequently, on February 12, 1993, the City adopted Resolution No.93-20721, which adopted the Agency's City Center/Historic Convention Village Redevelopment and Revitalization Area plan (the "Plan")forthe redevelopment and revitalization of the Redevelopment Area. On February 24,1993, the City enacted Ordinance 93-2836, which created a City Center/Historic Convention Village Redevelopment and Revitalization Trust Fund (the "Fund" or "Trust Fund") and provided a funding mechanism for implementing the Plan. The County, on March 30, 1993, adopted Resolution No. R-317-93, which among otherthings (i) adopted the Plan, and (ii) approved the lnterlocal Cooperation Agreement, between the County and the City, dated and executed on November 16, 1993 (as amended, the.CRA lnterlocalAgreement"). 48 City Commission Meeting Trust Fund Ordinance Amendment, No.93-2836 Second Reading / Public Heaing October 29, 2014 Page 2 of 2 The City's proposed Convention Center Renovation and Expansion Project (the "Project") is estimated to cost a total of $582 million of which approximately $275 million will be funded from the RDA to fund a portion of such Project. ln addition, approximately $36 million for ancillary Redevelopment Area capital projects, which are part of the existing Plan, as well as all costs of issuance and debt service reseryes associated with the 2015 Bonds (as herein after defined) and refunding of the existing bonds are all anticipated to be part of the Project financing. The Agency intends to incur debt in an amount not to exceed $430,000,000.00 (the "2015 Bonds") secured by tax increment revenues of the Agency. On or around June 2014, the County and City Administrations commenced negotiations and conceptually (in pertinent part) agreed to the following items pertaining to the RDA: (i) amend the Plan to incorporate (1) the Miami Beach Convention Center Renovation and Expansion Project, including all necessary improvements to and expansion of the Convention Center and surrounding area (the "Project"); (2) the financing of the Project, including the funding of operating and maintenance costs thereof; and (3) extend the time certain for completing all redevelopment projects financed by increment revenues and retiring all outstanding indebtedness to a date no later than March 31 ,2044; and(ii) amend the lnterlocal Agreement to, among other things, memorialize the aforestated terms, including extending the life of the RedevelopmentArea to March 31,2044; and(iii) approve and permit the Agency to issue Redevelopment Area bonds for the purpose of funding a portion of the Project, as well as, previously approved and authorized ancillary Redevelopment Area capital projects; and(iv) provide for an ongoing adequate operating and maintenance subsidy forthe Miami Beach Convention Center, in addition to the existing $4.5 million per year and annual year-end revenue sharing that the City currently receives from the Two-Thirds Portion of the Convention Development Tax (CDT). On June 22,2014, the City Commission, approved Resolution No. 2014-28644, which approved a Memorandum of lntent (the "MOl"), memorializing the aforementioned terms. The County Mayor has committed to promote and recommend the terms of the MOl, which will be incorporated into final documents-including the aforestated Plan amendment; the proposed (third) amendment to the CRA lnterlocalAgreement; and an amended and restated CDT lnterlocalAgreement-which will be presented to the City Commission at the October 29,2014 meeting. The first step in the process requires the City Commission to amend Ordinance No. 93-2836 as required as a condition to the issuance of the 2015 Bonds. First Reading of the subject item was held at the October 22, 2014, City Commission meeting. CONCLUSION The Administration recommends approving the ordinance amendments on second reading and Public ffiaring. ft7 JLM/K@/MS T:\AGENDA\2014\October\TCED\Trust Fund Ordinance Amendment No. 93-2836 memo.doc 49 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 93- 2836 OF THE CITY OF MIAMI BEACH, REGARDING THE ESTABLISHMENT OF A TRUST FUND FOR THE ..CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA," BY AMENDING SECTION 4 THEREOF TO EXTEND THE PERIOD OF FUNDING THE TRUST FUND; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on January 26, 1993, Miami-Dade County, Florida (the "County") adopted Resolution No. R-14-93, which among other things (i) found the area in the City of Miami Beach (the "City") bounded on the East by the Atlantic Ocean, on the North by 24th Street, on the West by West Avenue, and on the South by 14th Lane (the "Redevelopment Area") to be a "blighted area" within the meaning of Part lll of Chapter 163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410, Florida Statutes, certain powers conferred upon the County Commission as the governing body of Dade County by Part lll of Chapter 163, Florida Statutes, with regard to the Redevelopment Area, so that the City Commission, either directly or through its duly designated community redevelopment agency, may proceed to exercise such powers; and WHEREAS, on February 3, 1993, the City adopted Resolution No. 93-20709, which established a community redevelopment agency (the "Miami Beach Redevelopment Agency" or the "Agency"), and declared the members of the City Commission as the members of the Agency; and WHEREAS, on February 12, 1993, the City adopted Resolution No. 93-20721, which adopted the Agency's City Center/Historic Convention Village Redevelopment and 50 Revitalization Area plan (the "Plan") for the redevelopment and revitalization of the Redevelopment Area; and WHEREAS, on February 24, 1993, the City enacted Ordinance 93-2836, which created a City Center/Historic Convention Village Redevelopment and Revitalization Trust Fund (the "Fund" or "Trust Fund") and provided a funding mechanism for implementing the Plan; WHEREAS, on March 30, 1993, the County adopted Resolution No. R-317-93, which among otherthings (i) adopted the Plan, and (ii) approved the lnterlocalCooperation Agreement, between the County and the City, dated and executed on November 16, 1993; and WHEREAS, on Apri|27,1993, the County enacted Ordinance No. 93-28, which established the Trust Fund and provided a funding mechanism for implementing the Plan; and WHEREAS, the City and the Agency have prepared an amendmentto the Plan (the "Plan Amendment"), to incorporate (1) the Miami Beach Convention Center Renovation and Expansion Project, including all necessary improvements to and expansion of the Convention Center and surrounding area (the "Project"); (2) the financing of the Project, including the funding of operating and maintenance costs thereof; and (3) extend the time certain for completing all redevelopment projects financed by increment revenues and retiring all outstanding indebtedness to a date no later than March 31,2044; and WHEREAS, the Agency intends to incur debt, in an amount not to exceed $430,000,000.00 (the "2015 Bonds"), secured by tax increment revenues of the Agency to, among other purposes, fund a portion of the Project; and 51 WHEREAS, it is necessarythatthe City Commission amend Ordinance No. 93-2836 as required as a condition to the issuance of the 2015 Bonds; NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT TO SECTION 4 OF ORDINANCE NO. 93.2836 A. That Section 4 of Ordinance No. 93-2836 of the Miami Beach City Code is hereby amended as follows: Section 4. Except for the purpose of funding the Fund pursuant to Section 5 of this ordinance, upon the adoption of this ordinance as herein provided, each Taxing Authority shall, by January 1 of each year, appropriate to the Fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not later than March 31, 2044@ a sum which is no less than the increment as defined and determined in subsection (1) of Section 163.387, Florida Statutes (as in effect on the effective date of this ordinance), accruing to such Taxing Authority. lf the Plan is amended or modified pursuant to Section 163.361 (1), Florida Statutes, each such Taxing Authority shall make such annual appropriation for a period not to exceed 30 years after the date the Plan is amended. NeTaxing Autherity; ineluding the Gif ,ef Miami Beaeh, is exempt frern the previsiens ef this Seetien 4,The Children's Trust shall become exempt commencinq on the earlier of (i) the date the Aqencv's bonds outstandinq as of November 1. 2014 are no lonqer outstandinq, or (ii) March 31, 2023. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE This Ordinance shalltake effect on the day of 2014. 52 PASSED AND ADOPTED this _ day of ,2014. MAYOR ATTEST: CITY CLERK F:\ATTO\PMR\RDA lnterlocals\Amendment to City Trust Fund Ordinance No 93 2836 v3.doc APPROVED AS TO FORM & I-ANGUAGE & FOR EXECUTIONML.,rl -(k -city Attomey Dats 53 .T4NE I SUNDAY, OCIOBER{9,2OI4 MiamiHerald.cqm I MIAMIHERALD r.-- ^5. --- r*,#+ ,9t5r20t, ir,t i l:iiv'i l * i;:.,\r; l-! ':GITY OF MIAMI tsEACH \ 'NOTICE lS HEREBY given.that the following public hearings will be heard by the Mayor and City Commission of the CiV of Miami Beach, Florida, in the. Cornmission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beagh, Florida, on Wedneshay,'Octo6er 29,2014, at the times listed, .or as soon thereafter. as the matter can be heard: 5:30 prm. '',' ..' . An Ordinance Amending Ordinance No. 93:2836 OfThe CiIy Of Miami Beach,, Hegarding The Establishment Of ATrust Fund ForThe "City Center/Historic Convention Village Redevelopment And Revitalization Areaj' By Amdnding Section 4Ther'eof To ExtendThe Period Of Fundir.rgTheTrust Furid; Providing For Repbaler, Severability, Ahd An Effeitive Date.'i'nquiries rnay bq'directed t:o theTourism, Culture and S,conomlc Development Department at 305.6V3.7572 A Resolution Approving, Following A Duly Noticed Public Hearing Pursuant lo Secfion 163.361(2), Florida Statutes, An Amendment.ToThe Milmi Beach City Centef/Historic Convention Village Redevelopment And Revitallzetion Area Plan (City Center RDA), An Approved Redevelopment Plan UnderThe Provisions Of Section 163.360, Florida Statutes (The Plan); S.aid Amendmentsl(A) lncorptrating The City's .Proposed Convention Cenfe/ HenovafiOn nnO Expansion Project; And (.B):ProviclinS.ForAn Extensior-l OfThe City Center RDAAtA Ninety Five Percent (95%)Tax lncrement UritilThe Earlier Of March 31,2044, ar The.Date Agency lndebtedness ls No Longer Outstanding;. Furth'er Approving And Authorizing The Mayor And City Clerk To Execut0 A Third'AmendmenU By And Among Miami-Dade County (County), The City, Andfhe Miami Beach Redvelopment Agency (RDA), To The November 16, 1993 lnter'local Cooperatiotl Agredment, As Arhended.(The lnterlocal Agreement),- Related To The Citv Center RDA And Bv Whlch The Cou ntv.Orio ina I lv=Deleoated ToThe C-ity Certairi Redevelcipment PoW-ers ConferredTofhe C"ounty Undel Part . lll,.Chapter 1.63, Florida Statutes (The Communitv Redevelonment Aqreement Act Of'.1969",OrThe lActi'); RnO WnicfriAmendment, Ambng Oth'er Terms, ExtendsTheTerm Of Th,-; City Center RDA As Provided lnl:he Aforestated Plan $megrdmertli::And Adds AiiAdditi'onal MemberTo The Govelning Board Of The Agency, Who Shall BeThe Miami-Dade County CommissioneiOf Cou.nty Commission District 5,.PursuantTo Section 163.357(D)OfThe Florida Statutes. lnqttiries may be directed to theTourism, Culture and Economic Development INIERESTED PARTIES are invited to appear at this meeting, or be represented ,by an,ag6nt, or to express their views in writihg addressed to the City Commission) c/c the City Clerk, 1700 Conventibn Cdnter Drive, 1't Floor, Chy. Hall, Mi6mi Beach, Florida 33139. Copies'of ihese items are available foipublic ih3pection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1.t Floor, City Hall, Miami Beach, Florida 33139.Tliis, meet!ng, ol any item herein, may be'continued, and under such circu.mstances, addkional legal.notice need not:be provided, .-i . Surlualri tb Segtion 2ao.oios, Fta. Stat., the City herebrT advises the public that ' if a person:decides to appeal anrT decision ma<ie by lh'e Gity'Comniission with respqct to any matter considered at its meeting or its hearing, such pd'rson must ensure that a verbatim record of the Broceedings is made, which record includes the testimony and evidence upon which thb appeal is to be based. This notice does.not'constitute consent by the CitV for'the introductio-n or: admission of otheruvise inadmissible or irrelevant evidence, nor- does it authorize challenges or appeals not otheiwise-itioweA Uy taw. - . , To request, this material in accessibie format, sign languaee interpreters, information on access for persons with disabilities ahd/or a-ny accommijdationto review any document'or participate in any City-spons6red proceeding, please contact us five days in advance at.(305) 673,74'11 (voice) orTTY users may also call the Florida Relay Servica at711. , Rafael E. Granado, City Clerk') . ":. . Cityof.Miam,i Beach Ad 951 54 R7 RESOLUTIONS 55 COMMISSION ITEM SUMMARY Condensed Title: Resolutions authorizing the Mayor and CilV Clerk to execute a Lease Agreement between the City and South Florida Workforce, for premises located at 833 6"' Street, Miami Beach, Florida (a/Ua South Shore Community Center), for a period of five (5) years, retroactively commencing October 1, 2014 and ending September 30, 2019; as well as authorizing the mayor and city Clerk to execute Lease Amendments between the City and Miami Dade County, Jewish Community Services of South Florida, UNIDAD of Miami Beach, and Little Havana Activities and Nutrition Centers of Dade County, said amendments approving their sole renewal option for a period of four (4) years and three hundred sixty four (364) days, retroactively, commencing October 1,2014 and ending September 30, 2019; and further approving an increase in Additional Rent, and various relocations, increases and decreases in size. lntended Outcome N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A TheSouthShoreCommunityCenter(the..Cente/,)islocatedat8336tnStree (the "City"). The Center provides space to various not-for-profit, community service organizations that provide assistance to the Miami Beach community. As such, the City only charges $1.20 annually for Base Rent. As Additional Rent, the City only charges specific operating expenses incurred by the City to operate the Center. Since all of the agreements are at below market rental rates, the Administration requested direction from lhe Finance and Citywide Projects Committee. ln accordance with the agreements, the City provided timely notice, to all the tenants, of the City's intention to increase the Additional Rent to $11.06 per square foot. South Florida Workforce lnvestment Board d/b/a CareerSource South Florida ("CareerSource") has been providing services at the Center since 2002 through a grant agreement with UNIDAD. South Florida WorKorce awards grant funds for these services periodically and, during the most recent grant review has awarded funding to KRA Corporation ('KM) for the workforce services. KRA has been contracted to provide worKorce services, including training and employment, to the residents of the Miami Beach community. As a result, CareerSource requested to lease a poffon of the space currently occupied by UNIDAD in order to continue to provide workforce services from the Center. The space is located on the 2no Floor of the Center and contains 3,262 square feet. The FCPC considered this matter at its September 24,2014 meeting and recommended approving a new lease with CareerSource, subject to paying, as Additional Rent, the total cost of the 2013 operating expenses, including insurance and maintenance, in the amount of $15.86 per square foot. Due to the proposed new lease agreement with CareerSource, and due to the changing space requirements of existing tenants, CAA, JCS and UNIDAD propose modifying the locations of the spaces they occupy and adjusting their respective sizes. The Admnistration worked with the existing tenants to accommodate each tenants space needs while also optimizing the utilization of space. The facility itself also has some physical limitations, as a portion of the space is large open area without natural subdivisions and several tenants are cohabitating in shared space. Othenvise, the City would have to e.xpend a9ditiofgl resources to fu(her subdivide the space ,dvisorv Board Recommendation : The FCPC considered this matter at its September 24, 2014 and October 10, 2014 and recommended: 1) to increase the Additional Rent, to $11.06 per square foot, over a period of three (3) years. Accordingly, for the first three (3) years of the renewal term, the Additional Rent shall be increased to $8.81 per square foot in year 1, $9.94 per square foot in year 2 and $11.07 per square foot in year 3. The FCPC also recommended including performance benchma*s as a condition of the lease renewal. The FCPC recommended approving a new Lease Agreement with CareerSource; and further recommended approving the Lease Amendments the other tenants. The Committee further instructed the Administration to review the allocation of space currently being rented at the Center in an effort to optimize the facilities' utilization. The Committee additionally requested Center tenants provide a description of the clients being served through their operations, with a breakdown of city residents Max Sklar, ext. 6116 I.\AGI l'] DA\20 1,1\Octobrr\Sor.rih Conrrrrr.inrly tlcnterr\Sou1h Shcire SUl,,1 I 1 0. 29- 1 4 ).docx AGENDA "'* R7 AE MIAAAIBEACH D^fe b-a?- lv56 MIAMIBEACH City of Miomi Beoch, l/00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Philip Levine and Commission Jimmy Morales, City Manager October 29,2014 A RESOLUTION FOLL DULY ADVERTISED PUBLIC HEARING, WAIVING, BY 5/7TH VOTE, THE COMPETTTIVE BIDDING REQUTREMENT, AS PERMITTED UNDER SECTTON 82-39(A) OF THE CITY CODE; FINDING SAID WAIVER TO BE lN THE BEST INTEREST OF THE CITY; ANDAPPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXEGUTE A LEASE AGREEMENT BETWEEN THE ClTy ("LANDLORD") AND SOUTH FLORTDA WORKFORCE TNVESTMENT BOARD (,,TENANT"), FOR LEASE OF OFFICE SPACE AT THE CITY OWNED BUILDING LOCATED AT 833 6TH STREET, MIAMI BEACH, FLORIDA, CONSISTING OF 3,262 SQUARE FEET, TO PROVIDE WORKFORCE SERVIGES; SAID LEASE HAVING A TERMoF FtvE (5) YEARS, WTTHOUT ANy RENEWAL OPTIONS, RETROACTIVELY COMMENCING OCTOBER 1 , 2014 AND ENDING SEPTEMBER 30, 2019. A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE BETWEEN THE CtTy (,,LANDLORD") AND MtAMt DADE COUNTY ("TENANT"), DATED JULY 26,2011, FOR THE PREMISES LOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAMI BEACH, FLORIDA; SAID AMENDMENT RENEWING THE LEASE FOR THE SOLE REMAINING RENEWAL TERM OF FIVE (5) YEARS, RETROACTIVELY COMMENCING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2019;ADDINGPERFORMANCE BENCHMARKS TO THE TENANT,S REQUIREMENTS UNDER THE LEASE; INGREASING THE ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER SQUARE FOOT FORYEARS 1,2 AND 3 OF THE RENEWAL PERIOD, RESPECTIVELY; AND REDUCING THE SIZE OF THE DEMISED PREMISES FROM 2,076 SQUARE FEET TO 691 SQUARE FEET. A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE BETWEEN THE C|TY (,,LANDLORD") AND JEWTSH COMMUNITY SERVICES OF SOUTH FLORIDA, lNC. (,,TENANT"), DATED SEPTEMBER 9, 2009, FOR THE PREMISES LOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAMI BEACH, FLORTDA; SAID AMENDMENT RENEWING THE LEASE FOR THE SENTOR MEALS PROGRAM FOR THE SOLE REMAINING RENEWAL TERM OF FIVE (5) YEARS, RETROACTTVELY COMMENCTNG OGTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2019; ADDINGPERFORMANCE of the Cit 57 Commission Memorandum South Shore Community Center - Lease Agreements October 29, 2014 Page 2 of 7 BENCHMARKS TO THE TENANT'S REQUIREMENTS UNDER THE LEASE; INCREASING THE ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER SQUARE FOOT FOR YEARS f , 2 AND 3 OF THE RENEWAL PERIOD, RESPECTIVELY;AND INCREASING THE SIZE OF THE DEMISED PREMISES FROM 289 SQUARE FEET TO 485 SQUARE FEET. A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE BETWEEN THE ClTy ("LANDLORD") AND JEWTSH COMMUNITY SERVICES OF SOUTH FLOR!DA, tNC. (,,TENANT"), DATED SEPTEMBER 9, 2009, FOR THE PREMISES LOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAMI BEACH, FLORIDA; SAID AMENDMENT RENEWING THE LEASE FOR THE SENIOR RIDE PROGRAM FOR THE SOLE REMAINING RENEWAL TERM OF FIVE (5) YEARS, RETROACTTVELY COMMENCING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2019; ADDINGPERFORMANCE BENCHMARKS TO THE TENANT'S REQUIREMENTS UNDER THE LEASE; AND INCREASING THE ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER SQUARE FOOT FOR YEARS 1,2 AND 3 OF THE RENEWAL PERIOD, RESPECTIVELY. A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE coNcESStoN AGREEMENT BETWEEN THE CtTy (,,LANDLORD") AND JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC. ("coNcEsstoNAlRE'), DATED JULY 15, 2009, FOR THE PREMISES LOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAMT BEACH, FLORIDA; SAID AMENDMENT RENEWING THE CONCESSION AGREEMENT FOR THE SOLE REMAINING RENEWAL TERM OF FIVE (5) YEARS, RETROACTTVELY COMMENCING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2019; ADDINGPERFORMANCE BENCHMARKS TO THE TENANT'S REQU!REMENTS UNDER THE CONCESSION AGREEMENT; ANDINCREASING THE ADDITIONAL RENT FROM $1.92 PER SQUARE FOOT TO $2.20 PER SQUARE FOOT, $2.49 PER SQUARE FOOT AND $2.77 PER SQUARE FOOT FOR YEARS 1, 2 AND 3 OF THE RENEWAL PERIOD, RESPECTIVELY. A RESOLUTION APPROVING AND AUTHORIZTNG THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE BETWEEN THE CITY ("LANDLORD") AND LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. ("TENANT"), DATED SEPTEMBER 9, 2009, FOR THE PREMISES LOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAM! BEACH, FLORIDA; SAID AMENDMENT RENEWING THE LEASE FOR THE SOLE REMAINING RENEWAL TERM OF FIVE (5) YEARS, RETROACTIVELY COMMENCING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2OI9;ADDINGPERFORMANCE BENCHMARKS TO THE TENANT,S REQUIREMENTS UNDER THE LEASE; INCREASING 58 Commission Memorandum Soufh Shore Community Center - Lease Agreements October 29, 201 4 Page 3 of 7 THE ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER SQUARE FOOT FOR YEARS 1, 2 AND 3 OF THE RENEWAL PERIOD, RESPECTIVELY; AND INCORPORATING THE OUTSIDE PLAYGROUND AS PART OF THE DEMISED PREMISES. A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE BETWEEN THE CITY ("LANDLORD") AND UNIDAD OF MtAMt BEACH, !NC. ("TENANT"), DATED SEPTEMBER g, 2009, FOR THE PREMISES LOCATED ON THE FIRST AND SECOND FLOORS AT 833 6TH STREET, MIAMI BEACH, FLORIDA; SAID AMENDMENT RENEWING THE LEASE FOR THE SOLE REMAINING RENEWAL TERM OF F|VE (5) YEARS, RETROACTTVELY COMMENCTNG OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2OI9;ADDINGPERFORMANGE BENGHMARKS TO THE TENANT'S REQUIREMENTS UNDER THE LEASE; !NCREASING THE ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER SQUARE FOOT FOR YEARS 1, 2 AND 3 OF THE RENEWAL PERIOD, RESPECTIVELY; RELOCATING TENANT FROM A PORTION OF ITS CURRENT LOCATION ON THE SECOND FLOOR TO A PORTION OF THE SPACE CURRENTLY OCCUPIED BY MIAMI DADE COUNTY ON THE FIRST FLOOR; DECREASING THE TOTAL SIZE OF THE DEMISED PREMISES FROM 4,155 SQUARE FEET TO 2,082 SQUARE FEET; AND MODIFYING THE PERMITTED USE OF THE DEMISED PREMISES TO INCLUDE ADDITIONAL SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. BACKGROUND The South Shore Community Center (the "Cente/') is located at 833 6th Street and is owned by the City of Miami Beach (the "City"). The Center provides space to various not-for-profit, community service organizations that provide assistance to the Miami Beach community. The City completed renovations to the Center in 2008 and executed new agreements with all the tenants who occupied the Center prior to said renovations. All the agreements are for an initial term of four years (4) years and three hundred sixty four (364) days, commencing on October 2, 2009 and ending on September 30, 2014 (the "Term"). Furthermore, all the agreements contain provisions for one (1) additional five (5) year renewal, subject to certain terms and conditions. The Center is currently 100% occupied by the following four (4) tenants: 1. Miami Dade Countv Communitv Action Aqencv ("CAA") has a lease for the use of 2,076 square feet of office space to operate the "South Beach Community Enrichment Cente/' which empowers economically disadvantaged individuals, families and communities to achieve self-sufficiency through resource mobilization, service delivery, education and advocacy. 59 Commission Memorandum Sou/h Shore Community Center - Lease Agreements October 29, 2014 Page 4 of 7 2. Jewish Communitv Services of South Florida. lnc. ("JCS") has two (2) lease agreements and a concession agreement. The first lease agreement is for use of 289 square feet of storage space required by JCS to operate its "senior meals program". This program provides recreational activities and a mid-day meal to residents that are 60 years and older. The concession agreement is for use of the 2,792 square foot Auditorium space required by JCS to conduct its recreational activities and serye the aforementioned mid-day meal. A concession agreement was determined to be the appropriate mechanism by which to guarantee JCS part{ime use of the space on weekdays from 8:00 AM to 2:00 PM and still allow the space to be available for use by the City and/or general public during the afternoon, evening and weekend hours. The Miami Beach Parks and Recreation Department coordinates the use and/or rental of the Auditorium pursuant to its rules and regulations for rental of City-owned facilities. The second lease agreement is for use of 445 square feet of office space required by JCS to operate its "senior ride program". This program provides door-to-door bus transportation services to residents that are 60 years and older. 3. Little Havana Activities and Nutrition Centers of Dade Countv. lnc. ("LHANC") has a lease agreement and a letter agreement. The lease agreement is for use of 2,919 square feet of space required by LHANC to operate its "Rainbow lntergeneration Childcare Cented'. This program provides childcare service to approximately 60 children. The letter agreement is for use of the adjacent exterior 7,002 square foot playground space required by LHANC to provide the children an outdoor recreation play area. A letter agreement was determined to be the appropriate mechanism by which to guarantee LHANC sole use of the space thus providing the children with a safe and secure environment. The playground space is not "under-roof' and therefore, not included as part of the buildings leasable square footage. 4. UNIDAD of Miami Beach. lnc. ("UN|DAD") has a lease for the use of 3,826 square feet of^office space on the 2nd floor and an additional 329 square feet of storage space on the 1't floor. UNIDAD provides counseling, education, and employment traiiing'services to the City's community. ANALYSIS . RENT It is important to emphasize that all of the existing tenants at the Center are not-for-profit, community service organizations that provide assistance to the Miami Beach community. As such, the City only charges $1.20 annually for Base Rent. Furthermore, as Additional Rent, the City only charges specific operating expenses incurred by the City to operate the Center. These operating expenses are limited to electrical service, water service, sewer service, stormwater costs and janitorial service to the common areas and inside the tenant's spaces, but do not include insurance and general maintenance. A summary of the agreements and rental rates is attached hereto as Exhibit A (Agreement Summary). As contained in the agreements, "...within ninety (90) days prior to the expiration of the Term, the City Manager may elect to re-negotiate a reasonable increase in the Rent, and shail provide Tenant with written notice of such election. lf, following good-faith negotiations between the City and Tenant, the parties are unable to agree, then the City Manager may further elect to not 60 Commission Memorandum Soufh Shore Community Center - Lease Agreements October 29, 2014 Page 5 of 7 renew the Agreement, in which case the Agreement will terminate and the City shall have no fufther liability or obligation to Tenant;' Furthermore, the agreements may be terminated by either party, without cause and for convenience at any time during the Term (including any renewal term), upon furnishing thirty (30) days written notice to the other party. Since all of the agreements are at below market rental rates, the Administration requested direction from the Finance and Citywide Projects Committee (FCPC) at its May 20, 2014 meeting, regarding: 1) should the City charge the tenants market Base Rent, and 2) should the City charge the tenants, as Additional Rent, the total operating expenses, or continue to charge only a portion of the total operating expenses. The FCPC considered this matter and recommended: 1) not to increase the Base Rent, and 2) increase the Additional Rent in accordance with the total cost of the 2013 operating expenses, except not to pass through the cost of insurance to the tenants. Accordingly, the FCPC recommended the Base Rent shall remain at $1.20 annually and the Additional Rent shall be increased to $11.06 per square foot. A line item detail of the recommended Additional Rent is attached hereto as Exhibit B (2013 Fiscal Year Operating Expenses (Total without lnsurance). ln accordance with the agreements, the City provided timely notice, to all the tenants, of the City's intention to increase the Additional Rent to $11.06 per square foot. Subsequently, the City received a letter dated June 12, 2014 from LHANC, and an e-mail dated July 2,2014 from JCS. Both letters requested that the City not increase the Additional Rent due to financial constraints of the tenants. Subsequently, the FCPC considered this matter at its September 24, 2014 meeting and recommended: 1) to increase the Additional Rent, to $1 1.06 per square foot, over a period of three (3) years. Accordingly, for the first three (3) years of the renewal term, the Additional Rent shall be increased to $8.81 per square foot in year 1, $9.94 per square foot in year 2 and $11.07 per square foot in year 3. The FCPC also recommended including performance benchmarks as a condition of the lease renewal. ANALYSIS - SOUTH FLORIDA WORKFORCE INVESTMENT BOARD South Florida Workforce lnvestment Board dlbla CareerSource South Florida ("CareerSource") has been providing services at the Center since 2002 through a grant agreement with UNIDAD. South Florida Workforce awards grant funds for these services periodically and, during the most recent grant review has awarded funding to KRA Corporation ("KRA') for the workforce services. KRA has been contracted to provide workforce services, including training and employment, to the residents of the Miami Beach community. As a result, CareerSource requested to lease a portion of the space currently occupied by UNIDAD in order to continue to provide workforce services from the Center. The space is located on the 2nd Floor of the Center and contains 3,262 square feet. The FCPC considered this matter at its September 24, 2014 meeting and recommended approving a new lease with CareerSource, subject to paying, as Additional Rent, the total cost of the 2013 operating expenses, including insurance and maintenance, in the amount of $15.86 per square foot. A line item detail of the recommended Additional Rent is attached hereto as Exhibit C (2013 Fiscal Year Operating Expenses (Total). Additionally, the Lease Agreement, in substantial form, is attached hereto as Exhibit D (CareerSource - Lease Agreement), and is subject to Legal and Regulatory approvals as well as final approval by the Tenant. 61 Commission Memorandum Soufh Shore Community Center - Lease Agreements October 29, 2014 Page 6 of 7 ANALYSIS - LEASE MODIFICATIONS Due to the proposed new lease agreement with Careersource, and due to the changing space requirements of existing tenants, CAA, JCS and UNIDAD propose modifying the locations of the spaces they occupy and adjusting their respective sizes. Specifically, CAA will be downsizing from its current 2,076 square feet to 691 square feet; JCS will be occupying an additional 196 square feet of storage space; and UNIDAD will be relocating most of its 3,826 square feet of space it currently occupies on the 2nd Floor to a portion of the space on the 1't Floor which CAA is relinquishing, consisting of 1 ,518 square feet. A summary of the aforementioned expansion, relocations and downsizes is attached hereto as Exhibit E (Renewal Summary). Additionally, the Amendments, in substantial form, are attached hereto as Exhibit F (Miami Dade County - Lease Amendment), Exhibit G (JCS Senior Meals - Lease Amendment), Exhibit H (JCS Senior Ride - Lease Amendment), Exhibit I (JCS Senior Meals - Concession Amendment), Exhibit J (LHANC - Lease Amendment) and Exhibit K (UNIDAD - Lease Amendment). Said Amendments are subject to Legal and Regulatory approvals as well as final approval by the Tenants. FINANCE AND CITYWIDE PROJECTS COMMITTEE At the October 10,2014 FCPC meeting the Administration presented the terms and conditions set forth above. The FCPC considered this matter and recommended approving a new Lease Agreement with CareerSource; and further recommended approving the Lease Amendments with CAA, JCS, LHANC and UNIDAD, with benchmarks established for each lease at the South Shore Community Center. The Committee further instructed the Administration to review the allocation of space currently being rented at the Center in an effort to optimize the facilities' utilization. The Committee additionally requested Center tenants provide a description of the clients being served through their operations, with a breakdown of city residents being served versus non-city residents. The Administration worked with the existing tenants to accommodate each tenants space needs while also optimizing the utilization of space. The facility itself also has some physical limitations, as a portion of the space is large open area without natural subdivisions and several tenants are cohabitating in shared space. Otherwise, the City would have to expend additional resources to further subdivide the space. Considering that all facility tenants pay $1.20 annually as Base Rent, this is not an alternative the Administration recommends. Furthermore, the recommended distribution of space does accommodate each tenants needs while still allowing the tenants to service the needs of their clients. CONCLUSION The Administration recommends in favor of accepting the recommendation of the FCPC. 62 Commission Memorandum South Shore Community Center - Lease Agreements October 29, 2014 Page 7 of 7 Exhibits:A Agreement SummaryB 2013 FiscalYear Operating Expenses (Totalwithout lnsurance)C 2013 Fiscal Year Operating Expenses (Total)D CareerSource - Lease AgreementE Renewal SummaryF Miami Dade County - Lease AmendmentG JCS Senior Meals - Lease AmendmentH JCS Senior Ride - Lease AmendmentI JCS Senior Meals - Concession AmendmentJ LHANC - Lease AmendmentK UNIDAD - Lease Amendment ttr,tvrcar@r{uwtr T:\AGENDA\2014\October\South Shore Community Center\South Shore MEMO (10-29-14).docx 63 Exhibit A Agreement Summary Note: JCS of South Florida, lnc. pays 25o/o of CAM charges ($1.92 of $7.68) because they only use the auditorium part-time and the City retains access and use as needed. Rent Tenant Suite >q. I Agreement Expiration Renewal Base oEx Total i,IDC Community Action Agency lst Floor Office 2,076 Lease os/30/74 1.) tor 5 years Annualll PSt 5 1.20 5 o.oo s 15,935.28 S 7.68 s 1s,936.48 S 7.68 CS of South Florida, lnc, - Meals 1st Floor Storage 289 Lease 0e/30114 1) for 5 years Annualll P5t 5 1.20 S o.oo 5 2,2L8.32 S 7.68 5 2,219.s2 S 7.6E CS of South Florida, lnc. - Meals lst Floor 2,792 Concession 09/30/7a 1) for 5 years Annualll P5t s 1.20 S o.oo S s,3s7.88 S 1.92 S s,3s9.08 S 1.92 CS of South Florida, lnc. - Ride 1st Floor Office MS Lease 09/30/74 1) for 5 vears Annuallt PSt S r.zos o.oo s 3,41s.80 s 7.68 s 3,417.00 S 7.68 .HANC of Dade County, lnc.1st Floor Daycare 2,979 Lease 09/30/74 1) for 5 years Annualll PSt s 1.20 S o.oo s 22,406.16 S 7.68 s s 22,407.36 7.6a .HANC of Oade County, lnc.1st Floor Playground 7,OO2 Letter 09/30/14 1) for 5 years Annualll PST S o.oo s o.oo s o.ooS o.oo s o.oos o.oo JNIDAD of Miami Beach, lnc.Lst Floor 2nd Floor 52y 3,826 Lease 09llolt4 1) for 5 years Annualll PSI s s 7.20 0.00 S 31,893.72 S 7.68 5 31,894.92 s 7.58 64 Exhibit B 2013 Fiscal Year Operating Expenses (Total without lnsurance) South Shore Community Center 833 6th Street 2013 Fisca! Year Operating Expenses (Total without lnsurance) Total Cost Per Leasable Square Foot Cost Utilities Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,957 2,500 5 sg,ltz 3.89 0.27 0.23 0.20 4.59 Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 L,428 L,644 362 642 44,69L 2.62 0.11 0.13 0.03 0.0s 3.53 6.478L,962 lnsurance Property lnsurance Hurricane Exposure Subtotal Iotal Annual Operating Expenses s 140,135 s Building Footage Distribution lst Floor 9,950 4,198 2nd FIoor 3,826 990 4,816 T, Leasable Area 72,676 5,199 t7,864 mon Area otal 13,048 65 Exhibit 2013 Fiscal year Operating G Expenses (Total) South Shore Community Center 833 6th Street 2013 FiscalYear Operating Expenses (Total) Total Cost Per Leasable Square Foot Cost Utilities Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,957 2.500 3.89 0.27 0.23 0.20 4.5958,172 Maintenance Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 1,,428 L,644 362 642 44,69L 2.62 0.11 0.13 0.03 0.05 3.s3 6.478t,962 lnsurance Property lnsurance Hurricane Exposure Subtotal 27,765 39,787 S so,gst L.67 3.14 4.81s lotal Annual Operating Expenses S 201,086 5 1s.8G Distribution lst Floor 2nd Floor 3,826 990 4,8L6 Total Leasable Area 8,850 4,799 13,048 12,676 5,188 L7,864 mon Area otal 66 Exhibit D CareerSource - Lease Agreement 67 between the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter referred to as "City" or "Landlord"), and SOUTH FLORIDA WORKFORCE TNVESTMENT BOARD dlbla CAREERSOURCE SOUTH FLORIDA, a Florida not-for-profit corporation (hereinafter referred to as "Tenant"). 1. Demised Premises. The City, in consideration of the rentals hereinafter reserved to be paid and of the covenants, conditions and agreements to be kept and performed by the Tenant, hereby leases, lets and demises to the Tenant, and Tenant hereby leases and hires from the City, those certain premises hereinafter referred to as the "Demised Premises" and more fully described as follows: Approximately three thousand two hundred sixty two (3,262) square feet of leasable office space on the 2no floor of the South Shore Community Center (a.k.a. the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida, 33139, and as more specifically delineated in "Exhibit 1", attached hereto and incorporated herein. 2. Term. 2.1 Tenant shall be entitled to have and to hold the Demised Premises for a term of five (5) years, commencing retroactively on the 1't day of October,2014 (the "Commencement Date"), and ending on the 30th day of September, 2019. For purposes of this Lease Agreement, a "contract year" shall be defined as that certain period commencing on the 1"t day of October, and ending on the 30th day of September. 2.2 NOTWITHSTANDING SUBSECTION 2.1 HEREIN, THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY, WITHOUT CAUSE AND FOR GoNVENIENCE AT ANY TIME DURTNG THE TERM (INCLUDING ANy RENEWAL TERM), UPON FURNISHING THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER PARTY. 3. Rent. 3.1 Base Rent: Base Rent for the Demised Premises shall begin to accrue on the Commencement Date. LEASE AGREEMENT THIS LEASE AGREEMENT, made this _ day of ,2014, by and 3.1.1 Throughout the Term herein, the Base Rent for the Demised Premises shall be One Dollar and Twenty Cents ($1 .ZO1 per year, 68 3.2 payable by Tenant monthly, commencing on the Commencement Date and, thereafter, on each first day of subsequent months. 3.1.2 Concurrent with the payment of the Base Rent, Tenant shall also include any and all additional sums for all applicable sales and use tax, now or hereafter prescribed by Federal, State or local law. Additional Rent: !n addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the following Additional Rent as provided below: 3.2.1 Operatino Expenses: Tenant shall pay Four Thousand Three Hundred Eleven Dollars and 281100 ($+,gt 1 .28) per month, for its proportionate share of "Operating Expenses" which are defined as follows: "Operating Expenses" shall mean the following costs and expenses incurred in operating, repairing, and maintaining the Common Facilities (as hereinafter defined) and shall include electrical service, water service, sewer service, stormwater costs and janitorial service to the Building (including the Demised Premises). "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. lrrespective of the items listed above, amounts due by Tenant, associated with Common Facilities Operating Expenses, will be determined based on Tenant's pro-rata share of the items more specifically described in "Exhibit3.2.1", which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be 25.734o/o. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. 3.2.2 Prooertv Taxes: The Property Tax Payment shall be payable by Tenant, in accordance with Section 11 herein. 3.2.3 lnsurance: I ntentionally Omitted. Sales Taxes: Concurrent with the payment of the Base Rent and Additional Rent as 3.3 69 3.4 provide herein, Tenant shall also pay any and all sums for all applicable tax(es), including without limitation, sales and use taxes and Property Taxes, imposed, levied or assessed against the Demised Premises, or any other charge or payment required by any governmental authority having jurisdiction there over, even though the taxing statute or ordinance may purport to impose such tax against the City. Enforcement. Tenant agrees to pay the Base Rent, Additional Rent, and any other amounts as may be due and payable by Tenant underthis Agreement, at the time and in the manner provided herein, and should said rents and/or other additional amounts due herein provided, at any time remain due and unpaid for a period of fifteen (15) days after the same shall become due, the City may exercise any or all options available to it hereunder, which options may be exercised concurrently or separately, or the City may pursue any other remedies enforced by law. Location for Pavments. All rents or other payments due hereunder shall be paid to the City at the following address: City of Miami Beach Revenue Manager 1700 Convention Center Drive, 3'd Floor Miami Beach, Florida 33139 or at such other address as the City may, from time to time, designate in writing. Parkinq. I ntentionally Omitted. Securitv Deposit. I ntentionally Omitted. Use and Possession of Demised Premises. The Demised Premises shallbe used bythe Tenantsolelyforthe purpose(s) of providing workforce services. Said Premises shall be open foroperation a minimum of five (5) days a week, with minimum hours of operation being as follows: Monday - Friday:8:00 AM to 5:00 PM Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. It is understood and agreed that the Demised Premises shall be used by the Tenant during the Term of this Agreement only for the above purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever. 4. 5. 6. 7. 7.1 7.2 70 7.4 7.3 Tenant will not make or permit any use of the Demised Premises that, directly or indirectly, is forbidden by law, ordinance orgovernment regulation, or that may be dangerous to life, limb or property. Tenant may not commit (nor permit) waste on the Demised Premises; nor permit the use of the Demised Premises for any illegal purposes; nor commit a nuisance on the Demised Premises. ln the event that the Tenant uses the Demised Premises (or otheruvise allows the Demised Premises to be used) for any purpose(s) not expressly permitted herein, or permits and/orallows any prohibited use(s) as provided herein, then the City may declare this Agreement in default pursuant to Section 18 or, without notice to Tenant, restrain such improper use by injunction or other legal action. Tenant shallalso maintain its not-for-profit status in fullforce and effect, and in good standing, throughout the Term herein. Tenant shall be required to meet certain performance benchmarks more specifically described as follows: Job Placements: 1,200 annually (at least 900 shall be Miami Beach residents) Employers Served: 250 annually (at least shall 65 shall conduct business in Miami Beach) Improvements. Tenant accepts the Demised Premises in their present "AS lS" condition and may construct or cause to be constructed, such interior and exterior improvements and maintenance to the Demised Premises, as reasonably necessary for it to catry on its permitted use(s), as set forth in Section 7; provided, however, that any plans for such improvements shall be first submitted to the City Manager for his prior written consent, which consent, if granted at all, shall be at the City Manager's sole and absolute discretion. Additionally, any and all approved improvements shall be made at Tenant's sole expense and responsibility. All permanent (fixed) improvements to the Demised Premises shall remain the property of the City upon termination and/or expiration of this Agreement. Upon termination and/or expiration of this Agreement, all personal property and non-permanent trade fixtures may be removed by the Tenant from the Demised Premises, provided that they can be (and are) removed without damage to the Demised Premises. Tenant will permit no liens to attach to the Demised Premises arising from, connected with, or related to the design and construction of any improvements. Moreover, such construction shall be accomplished through the use of licensed, reputable contractors who are acceptable to the City. Any and all permits and or licenses required for the installation of improvements shall be the sole cost and responsibility of Tenant. Notwithstanding Subsection 8.1, upon termination and/or expiration of this Agreement, and at City's sole option and discretion, any or all alterations or 8. 8.1 8.2 71 additions made by Tenant to or in the Demised Premises shall, upon written demand by the City Manager, be promptly removed by Tenant, at its expense and responsibility, and Tenant further hereby agrees, in such event, to restore the Demised Premises to their original condition prior to the Commencement Date of this Agreement. 8.3 The above requirements for submission of plans and the use of specific contractors shall not apply to improvements (which term, for purposes of this Subsection 8.3 only, shall also include improvements as necessary for Tenant's maintenance and repair of the Demised Premises) which do not exceed Five Hundred ($500.00) Dollars, provided that the work is not structural, and provided that it is permitted by applicable law. 9. Citv's Riqht of Entrv. 9.1 The City Manager, and/or his authorized representatives, shall have the right to enter upon the Demised Premises at all reasonable times for the purpose of inspecting same; preventing waste; making such repairs as the City may consider necessary; and for the purpose of preventing fire, theft or vandalism. The City agrees that, whenever reasonably possible, it shall use reasonable efforts to provide notice (whether written or verbal), unless the need to enter the Demised Premises is an emergency, as deemed by the City Manager, in his sole discretion, which if not immediately addressed could cause propefi damage, loss of life or limb, or other injury to persons. Nothing herein shall imply any duty on the part of the City to do any work that under any provisions of this Agreement the Tenant may be required to perform, and the performance thereof by the City shall not constitute a waiver of the Tenant's default. 9.2 lf the Tenant shall not be personally present to open and permit entry into the Demised Premises at any time, for any reason, and any entry thereon shall be necessary or permissible, the City Manager, and/or his authorized representatives, may enter the Demised Premises by master key, or may forcibly enter the Demised Premises without rendering the City or such agents liable therefore. 9.3 Tenant shallfurnish the City with duplicate keys to all locks including exterior and interior doors prior to (but no later than by) the Commencement Date of this Agreement. Tenant shall not change the locks to the Demised Premises without the prior written consent of the City Manager, and in the event such consent is given, Tenant shall furnish the City with duplicate keys to said locks in advance of their installation. 10. Tenant's lnsurance. 10.1 Tenant shall, at its sole cost and expense, comply with all insurance requirements of the City. lt is agreed by the parties that Tenant shall not occupy the Demised Premises until proof of the following insurance coverages have been reviewed and approved by the City's Risk Manager: 72 10.2 10.1.1 Comprehensive General Liability, in the minimum amount of One Million ($1 ,000,000) Dollars (subject to adjustment for inflation) per occurrence for bodily injury and property damage. The City of Miami Beach must be named as an additional insured on this policy. 10.1.2 Workers Compensation and Employers Liability coverage in accordance with Florida statutory requirements. 10.1.3 All-Risk property and casualty insurance, written at a minimum of eighty (80%) percent of replacement cost value and with replacement cost endorsement, covering all leasehold improvements installed in the Demised Premises by or on behalf of Tenant and including without limitation all of Tenant's personal property in the Demised Premises (including, without limitation, inventory, trade fixtures, floor coverings, furniture, and other property removable by Tenant under the provisions of this Agreement). Proof of these coverages must be provided by submitting original certificates of insurance to the City's Risk Manager and Asset Manager respectively. All policies must provide thirty (30) days written notice of cancellation to both the City's Risk Manager and Asset Manager (to be submitted to the addresses set forth in Section 27 hereof). All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have a rating of B+:VI or better per A.M. Best's Key Rating Guide, latest edition, and certificates are subject to the approval of the City's Risk Manager. Propertv Taxes and Assessments. For the purposes of this Section and other provisions of this Agreement: The term "Property Taxes" shall mean (i) real estate taxes, assessments, and special assessments of any kind which may be imposed upon the Demised Premises and/or the tax lot and/or property/Building which may include the Demised Premises (hereinafter referred to as the "tax lot"), and (ii) any expenses incurred by the City in obtaining a reduction of any such taxes or assessments. The term "Property Tax Year" shall mean the period of twelve (12) calendar months, beginning on January lttof each year. Tenant shall pay, as Additional Rent pursuant to Section 3.2, for such Property Tax Year an amount ("Property Tax Payment") equal to Tenant's pro-rata share of Property Taxes (if any) for such Property Tax Year; said pro-rata share to be determined by the City based upon the ratio of the Demised Premises to the tax lot. lf a Property Tax Year ends after the 11. 11.1 11.2 11.3 73 12. 13. 13.1 13.2 13.3 expiration or termination of the term of this Agreement, the Property Tax Payment therefore shall be prorated to correspond to that portion of such Property Tax Year occurring within the term of this Agreement. The Property Tax Payment shall be payable by Tenant immediately upon receipt of notice from the City. A copy of the tax bill(s) or other evidence of such taxes issued by the taxing authorities, together with the City's computation of the Property Tax Payment, will be made available to Tenant once received from the taxing authorities, if requested by Tenant. Tenant shall pay any difference in the amount between the estimated property taxes and the actual property taxes to the City immediately, upon receipt of request for said payment from the City. Assiqnment and Sublettinq. I ntentionally Om itted. Operation. Maintenance and Repair. Tenant shall be solely responsible forthe operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. The City shall be responsible for the maintenance of the HVAC system, roof, structural exterior of the Building, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixtures, within the Demised Premises), and the common areas. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the satisfaction of the City. Allof the aforesaid repairs, restorations and replacements shall be in quality and class equal to or better than the original work or installations and shall be done in good and workmanlike manner. !f Tenant fails to make such repairs or restorations or replacements, the same may be made by the City, at the expense of Tenant, and all sums spent and expenses incurred by the City shall be collectable by the City and 13.4 74 13.5 13.6 13.7 shall be paid by Tenant within three (3) days after submittal of a bill or statement therefore. It shall be Tenant's sole obligation and responsibility to insure that any renovations, repairs and/or improvements made by Tenant to the Demised Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. Tenant Responsibilities for Utilities (not included within Operatinq Expenses). Tenant is solely responsible for, and shall promptly pay when due, all charges and impact fees for any and all utilities for the Demised Premises NOT included as an Operating Expense (pursuant to Subsection 3.2.1). ln addition to other rights and remedies hereinafter reserved to the City, upon the failure of Tenant to pay for such utility services (as contemplated in this Subsection 13.6) when due, the city may elect, at its sole discretion, to pay same, whereby Tenant agrees to promptly reimburse the City upon demand. ln no event, however, shall the City be liable, whether to Tenant or to third parties, for an interruption or failure in the supply of any utilities or services to the Demised Premises. TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS IS'' CONDITION. 14. GovernmentalRequlations. Tenant covenants and agrees to fulfill and comply with all statutes, ordinances, rules, orders, regulations, and requirements of any and all governmental bodies, including but not limited to Federal, State, Miami-Dade County, and City governments, and any and all of their departments and bureaus applicable to the Demised Premises, and shall also comply with and fulfill all rules, orders, and regulations for the prevention of fire, all at Tenant's own expense and responsibility. Tenant shall pay all cost, expenses, claims, fines, penalties, and damages that may be imposed because of the failure of the Tenant to comply with this Section, and shall indemnify and hold harmless the City from all liability arising from each non- compliance. Liens. Tenant will not permit any mechanics, laborers, or materialman's liens to stand against the Demised Premises or improvements for any labor or materials to Tenant or claimed to have been furnished to Tenant's agents, contractors, or sub-tenants, in connection with work of any character performed or claimed to have performed on said Premises, or improvements by or at the direction or sufferance of the Tenant; provided however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give the City reasonable security as may be demanded by the City to insure payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or 15. 75 16. 17. improvements by reasons of such non-payment. Such security need not exceed one and one half (1Y")times the amount of such lien or such claim of lien. Such security shall be posted by Tenant within ten (10) days of written notice from the City, or Tenant may "bond off' the lien according to statutory procedures. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant's own expense. I ntentionally Omitted. Condemnation. lf at any time during the Term of this Agreement (including any renewal term hereunder) all or any part or portion of the Demised Premises is taken, appropriated, or condemned by reason of Eminent Domain proceedings, then this Agreement shall be terminated as of the date of such taking, and shall thereafter be completely null and void, and neither of the parties hereto shall thereafter have any rights against the other by reason of this Agreement or anything contained therein, except that any rent prepaid beyond the date of such taking shall be prorated to such date, and Tenant shall pay any and all rents, additional rents, utility charges, and/or other costs for which it is liable under the terms of this Agreement, up to the date of such taking. Except as hereunder provided, Tenant shall not be entitled to participate in the proceeds of any award made to the City in any such Eminent Domain proceeding, excepting, however, Tenant shall have the right to claim and recover from the condemning authority, but not from the City, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all damage to Tenant's business by reasons of the condemnation and for or on account of any cost or loss which Tenant might incur in removing Tenant's furniture and fixtures. Default. Default bv Tenant: At the City's option, any of the following shall constitute an Event of Default under this Agreement: 18.1.1 The Base Rent, Additional Rent, or any other amounts as may be due and payable by Tenant under this Agreement, or any installment thereof, is not paid promptly when and where due within fifteen (15) days of due date, and Tenant shall not have cured such failure within thirty (30) days after receipt of written notice from the City specifying such default; 18.1.2 The Demised Premises shall be deserted, abandoned, orvacated; 18.1 .3 The Tenant shall fail to comply with any material term, provision, condition or covenant contained herein other than the payment of 17.1 17.2 18. 18.1 76 18.1.4 rent and shall not cure such failure within thirty (30) days after the receipt of written notice from the City specifying any such default; or such longer period of time acceptable to the City, at its sole discretion; Receipt of notice of violation from any governmental authority having jurisdiction dealing with a law, code, regulation, ordinance or the like, which remains uncured for a period of thirty (30) days from its issuance, or such longer period of time as may be acceptable and approved in writing by the City Manager, at his sole discretion; 18.1.5 Any petition is filed by or against Tenant under any section or chapter of the Bankruptcy Act, as amended, which remains pending for more than sixty (60) days, or any other proceedings now or hereafter authorized by the laws of the United States or of any state for the purpose of discharging or extending the time for payment of debts; 18.1 .6 Tenant shall become insolvent; 18.1.7 Tenant shall make an assignment for benefit of creditors; 18.1.8 A receiver is appointed for Tenant by any court and shall not be dissolved within thirty (30) days thereafter; 18.1 .9 The leasehold interest is levied on under execution; or 18.1 .10 Tenant fails to maintain its not-for-profit status in current and good standing, as required pursuant to Subsection 7.3 herein. 19. Riqhts on Default. 19.1 Riqhts on Default: !n the event of any default by Tenant as provided herein, City shall have the option to do any of the following, in addition to and not in limitation of, any other remedy permitted by law or by this Agreement; 19.1.1 Terminate this Agreement, in which event Tenant shall immediately surrender the Demised Premises to the City, but if Tenant shall fail to do so the City may, without further notice, and without prejudice to any other remedy the City may have for possession or arrearages in rent or damages for breach of contract, enter upon the Demised Premises and expel or remove Tenant and its effects in accordance with law, without being liable for prosecution or any claim for damages therefore, and Tenant agrees to indemnify and hold harmless the City for all loss and 10 77 19.1.2 19.1 .3 19.1.4 19.1 .5 damage which the City may suffer by reasons of such Agreement termination, whether through inability to re-let the Demised Premises, or othenrvise. Declare the entire amount of the Base Rent and Additional Rent which would become due and payable during the remainderof the term of this Agreement to be due and payable immediately, in which event Tenant agrees to pay the same at once, togetherwith all rents therefore due, at the address of the City, as provided in the Notices section of this Agreement; provided, however, that such payment shall not constitute a penalty, forfeiture, or liquidated damage, but shall merely constitute payment in advance of the rents for the remainder of said term and such payment shall be considered, construed and taken to be a debt provable in bankruptcy or receivership. Enter the Demised Premises as the agent of Tenant, by force if necessary, without being liable to prosecution or any claim for damages therefore; remove Tenant's property there from; and re- let the Demised Premises, or portions thereof, for such terms and upon such conditions which the City deems, in its sole discretion, desirable, and to receive the rents therefore, and Tenant shall pay the City any deficiency that may arise by reason of such re-letting, on demand at any time and from time to time at the office of the City; and for the purpose of re-letting, the City may (i) make any repairs, changes, alterations or additions in or to said Demised Premises that may be necessary or convenient; (ii) pay all costs and expenses therefore from rents resulting from re-letting; and (iii) Tenant shall pay the City any deficiency as aforesaid. Take possession of any personal property owned by Tenant on said Demised Premises and sell the same at public or private sale, and apply same to the payment of rent due, holding Tenant liable for the deficiency, if any. It is expressly agreed and understood by and between the parties hereto that any installments of rent accruing under the provisions of this Agreement which shall not be paid when due shall bear interest at the maximum legal rate of interest per annum then prevailing in Florida from the date when the same was payable by the terms hereof, until the same shall be paid by Tenant. Any failure on the City's behalf to enforce this Section shall not constitute a waiver of this provision with respect to future accruals of past due rent. No interest will be charged for payments made within the grace period, such grace period to be defined as within five (5) days from the due date. ln addition, there will be a late charge of Fifty ($50.00) Dollars for any payments submitted after the grace period. 11 78 19.2 19.3 19.1 .6 lf Tenant shall default in making any payment of monies to any person or for any purpose as may be required hereunder, the City may pay such expense but the City shall not be obligated to do so. Tenant, upon the City's paying such expense, shall be obligated to forthwith reimburse the City for the amount thereof. All sums of money payable by Tenant to the City hereunder shall be deemed as rent for use of the Demised Premises and collectable by the City from Tenant as rent, and shall be due from Tenant to the City on the first day of the month following the payment of the expense by the City. 19.1.7 The rights of the City under this Agreement shall be cumulative but not restrictive to those given by law and failure on the part of the City to exercise promptly any rights given hereunder shall not operate to waive or to forfeit any of the said rights. Default bv Citv: The failure of the City to perform any of the covenants, conditions and agreements of this Agreement which are to be performed by the City and the continuance of such failure for a period of thirty (30) days after notice thereof in writing from Tenant to the City (which notice shall specify the respects in which Tenant contends that the City failed to perform any such covenant, conditions and agreements) shall constitute a default by the City, unless such default is one which cannot be cured within thirty (30) days because of circumstances beyond the City's control, and the City within such thirty (30) day period shall have commenced and thereafter shall continue diligently to prosecute all actions necessary to cure such defaults. However, in the event the City fails to perform within the initial thirty (30) day period provided above, and such failure to perform prevents Tenant from operating its business in a customary manner and causes an undue hardship for Tenant, then such failure to perform (regardless of circumstances beyond its control) as indicated above, shall constitute a default by the City. Tenant's Riohts on Default: lf an event of the City's default shall occur, Tenant, to the fullest extent permitted by law, shall have the right to pursue any and all remedies available at law or in equity, including the right to sue for and collect damages, including reasonable attorney fees and costs, to terminate this Agreement; provided however, that Tenant expressly acknowledges and agrees that any recovery by Tenant shall be limited to the amount setforth in Subsection 19.4 and Section 32 of this Agreement. Limitation of Citv's Liabilitv in the Event of Citv's Default: NOTWITHSTANDING SUBSECTIONS 19,2 AND 19.3 OF THIS AGREEMENT, TENANT AND THE CITY HEREBY ACKNOWLEDGE AND AGREE THAT, AS THE CITY HAS AGREED TO LEASE THE DEMISED PREMTSES TO TENANT (AS A NOT-FOR-PROF|T ENTtTy) FOR RENT AT SUBSTANTIALLY BELOW-MARKET VALUE, THE CIryS LIABILITY FOR 19.4 12 79 20. 20.1 20.2 ANY DAMAGES AND OR OTHER RECOVERABLE COSTS SHALL BE SUBJECT TO THE MAXIMUM AMOUNT AS SET FORTH IN SECTION 32 ("LtMtTATtON OF L|ABlLtTy") OF THtS AGREEMENT. lndemnitv Aqainst Costs and Charqes. Tenant shall be liable to the City for all costs and charges, expenses, reasonable attorney's fees, and damages which may be incurred or sustained by the City, by reason of Tenant's breach of any of the provisions of this Agreement. Any sums due the City under the provisions of this item shall constitute a lien against the interest of the Tenant and the Demised Premises and all of Tenant's property situated thereon to the same extent and on the same conditions as delinquent rentwould constitute a lien on said premises and property. lf Tenant shall at any time be in default hereunder, and if the City shall deem it necessary to engage an attorney to enforce the City's rights and Tenant's obligations hereunder, Tenant will reimburse the City for the reasonable expenses incurred thereby, including, but not limited to, court costs and reasonable attorney's fees, whether suit be brought or not and if suit be brought, then Tenant shall be liable for expenses incurred at both the trial and appellate levels. I ndemnification Aoainst Claims. Tenant shall indemnify and save the City harmless from and against any and all claims or causes of action (whether groundless or othenruise) by or on behalf of any person, firm, or corporation, for personal injury or property damage occurring upon the Demised Premises or upon any other land or other facility or appurtenance used in connection with the Demised Premises, occasioned in whole or in part by any of the following: 21.1.1 An act or omission on the part of Tenant, or any employee, agent, contractor, invitee, guest, assignee, sub-tenant or subcontractor of Tenant; 21.1.2 Any misuse, neglect, or unlaMul use of the Demised Premises by Tenant, or any employee, agent, contractor, invitee, guest, assignee, sub-tenant or subcontractor of Tenant; 21.1.3 Any breach, violation, or non-performance of any undertaking of Tenant under this Agreement; 21.1.4 Anything growing out of the use or occupancy of the Demised Premises by the Tenant or anyone holding or claiming to hold through or under this Agreement. 21. 21.1 13 80 21.2 Tenant agrees to pay all damages to the Demised Premises and/or other facilities used in connection therewith, caused by Tenant or any employee, agent, contractor, guest, or invitee of Tenant. 22. Sions and Advertisinq. Without the prior written consent of the City Manager, which consent, if given at all, shall be at the City Manager's sole and absolute discretion, Tenant shall not permit the painting and display of any signs, plaques, lettering or advertising material of any kind on or near the Demised Premises. All additional signage shall comply with signage standards established by the City and comply with all applicable building codes, and any other municipal, County, State and Federal laws. 23. Effect of Convevance. The term 'City" and/or "Landlord" as used in the Agreement means only the owner for the time being of the land and building containing the Demised Premises, so that in the event of any sale of said land and building, or in the event of a lease of said building, the City shall be and hereby is entirely freed and relieved of all covenants and obligations of the City hereunder, and it shall be deemed and construed without further agreement between the parties, or between the parties and the purchaser at such sale, or the lease of this building, that the purchaser or Tenant has assumed and agreed to carry out all covenants and obligations of the City hereunder. 24. 24.1 24.2 Damaoe to the Demised Premises. lf the Demised Premises shall be damaged by the elements or other casualty not due to Tenant's negligence, or by fire, but are not thereby rendered untenantable, as determined by the City Manager, in his sole discretion, in whole or in part, and such damage is covered by the City's insurance, if any, (hereinafter referred to as "such occurrence"), the City, shall, as soon as possible after such occurrence, utilize the insurance proceeds to cause such damage to be repaired and the Rent (Base Rent and Additional Rent) shall not be abated. lf by reason of such occurrence, the Demised Premises shall be rendered untenantable, as determined by the City Manager, in his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, that the City shall promptly obtain a good faith estimate of the time required to render the Demised Premises tenantable and if such time exceeds sixty (60) days, either party shall have the option of canceling this Agreement. lf the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, the City shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be repaired and the Rent meanwhile shall be abated. However, the City shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrence, the 14 81 25. Quiet Eniovment. Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be evicted or disturbed in possession of the Demised Premises so long as Tenant complies with the terms of this Agreement. 24.3 26. 26.1 26.2 26.3 Rent to be adjusted as of such date. lf the Demised Premises shall be rendered wholly untenantable, Tenant shall have the right, to be exercised by notice in writing, delivered to the City within thirty (30) days from and after said occurrence, to elect to terminate this Agreement, the Rent to be adjusted accordingly. Notwithstanding any clause contained in this Section 24,if the damage is not covered by the City's insurance, then the City shall have no obligation to repair the damage, but the City shall advise Tenant in writing within thirty (30) days of the occurrence giving rise to the damage and of its decision not to repair, and Tenant may, at any time thereafter, elect to terminate this Agreement, and the Rent shall be adjusted accordingly. Waiver. It is mutually covenanted and agreed by and between the parties hereto that the failure of the City to insist upon the strict performance of any of the conditions, covenants, terms or provisions of this Agreement, or to exercise any option herein conferred, will not be considered or construed as a waiver or relinquishment for the future of any such conditions, covenants, terms, provisions or options but the same shall continue and remain in full force and effect. A waiver of any term expressed herein shall not be implied by any neglect of the City to declare a forfeiture on account of the violation of such term if such violation by continued or repeated subsequently and any express waiver shall not affect any term other than the one specified in such waiver and that one only for the time and in the manner specifically stated. The receipt of any sum paid by Tenant to the City after breach of any condition, covenant, term or provision herein contained shall not be deemed a waiver of such breach, but shall be taken, considered and construed as payment for use and occupation, and not as Rent, unless such breach be expressly waived in writing by the City. 27. Notices. The addresses for all notices required under this Agreement shall be as follows, or at such other address as either party shall be in writing, notify the other: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 15 LANDLORD: 82 28. With copy to:Asset Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 South Florida Workforce lnvestment BoardTENANT: Attention: Marian Smith Assistant Director, Administration 7300 Corporate Center Drive, Suite 500 Miami, Florida 33126 All notices shall be hand delivered and a receipt requested, or by certified mailwith Return receipt requested, and shall be effective upon receipt. Entire and Bindins Aqreement. This Agreement contains all of the agreements between the parties hereto, and it may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in interest. The terms, covenants and conditions contained herein shall inure to the benefit of and be binding upon the City and Tenant and their respective successors and assigns, except as may be othenrvise expressly provided in this Agreement. Provisions Severable. lf any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. Captions. The captions contained herein are for the convenience and reference only and shall not be deemed a part of this Agreement or construed as in any manner limiting or amplifying the terms and provisions of this Agreement to which they relate. Number and Gender. Whenever used herein, the singular number shall include the plural and the plural shall include the singular, and the use of one gender shall include all genders. Limitation of Liabilitv. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liabilityfor any such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Tenant hereby expresses its willingness to enter into this Agreement with Tenant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1 0,000.00. Accordingly, and notwithstanding any other term or condition of this Agreement, Tenant hereby agrees that the City shall not be liable to Tenant for damage in an amount in excess of $10,000.00 for any action or claim for breach 29. 30. 31. 32. 16 83 33. of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this Section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. Surrender of the Demised Premises. Tenant shall, on or before the last day of the Term herein demised, or the sooner termination thereof, peaceably and quietly leave, surrender and yield upon to the City the Demised Premises, together with any and all equipment, fixtures, furnishings, appliances or other personal property, if any, located at or on the Demised Premises and used by Tenant in the maintenance, management or operation of the Demised Premises, excluding any trade fixtures or personal property, if any, which can be removed without material injury to the Demised Premises, free of all liens, claims and encumbrances and rights of others or broom- clean, togetherwith allstructuralchanges, alterations, additions, and improvements which may have been made upon the Demised Premises, in good order, condition and repair, reasonable wear and tear excepted, subject, however, to the subsequent provisions of this Section. Any property which pursuant to the provisions of this Section is removable by Tenant on or at the Demised Premises upon the termination of this Agreement and is not so removed may, at the option of the City, be deemed abandoned by Tenant, and either may be retained by the City as its property or may be removed and disposed of at the sole cost of the Tenant in such manner as the City may see fit. lf the Demised Premises and personal property, if any, be not surrendered at the end of the Term as provided in this Section, Tenant shall make good the City all damages which the City shall suffer by reason thereof, and shall indemnify and hold harmless the City against all claims made by any succeeding tenant or purchaser, so far as such delay is occasioned by the failure of Tenant to surrender the Demised Premises as and when herein required. Time is of the Essence. Time is of the essence in every particular and particularly where the obligation to pay money is involved. Venue: This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT. 34. 35. 17 84 36.Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in Florida. Additionalinformation regarding Radon and Radon testing may be obtained from your county Public Health Unit. No Danoerous Materials. Tenant agrees not to use or permit in the Demised Premises the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Demised Premises shall be immediately removed. Tenant shall indemnify and hold City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Tenant of any "hazardous substance" or "petroleum products" on, in or upon the Demised Premises as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder. The provisions of this Section 37 shall survive the termination or earlier expiration of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 37. 18 85 lN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed, all as of the day and year first above written, indicating their agreement. Attest:CITY OF MIAMI BEACH, FLORIDA Rafael Granado, CITY CLERK Philip Levine, MAYOR Attest: SOUTH FLORIDA WORKFORCE INVESTMENT BOARD Signature / Corporate Secretary Rick Beasley, EXECUTIVE DIRECTOR Print Name Signature Print Name CORPORATE SEAL (affix seal here) FIRHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\SFWIB\CareerSource Lease DRAFT (10.10.14).doc 19 86 EXHIBIT 1 Demised Premises dtul! H' t:l H I .tli< t, t ri{ I ]ln -6 Esl,-- o [,,-i f!5 L,r :l ,l ,i I U === E UF U >E.-- :i"N -,I5r;;l a)I IE O ',at 20 87 EXHIBIT 3.2.1 Operating Expenses South Shore Community Center 833 5th Street 2013 Fiscal Year Operating Expenses (Total) Total Cost Per Leasable Square Foot Cost Iities Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,95L 2,500 3.89 o.27 0.23 0.20 4.5958,172 Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 L,428 7,644 362 542 44,69L 2.62 0.11 0.13 0.03 0.05 3.53 6.478L,962 nsurance Property lnsurance Hurricane Exposure Subtota! 27,765 39,78t t.67 3.14 4.81s60,951 s otal Annual Operating Expenses 15.86 Building Square Footage Distribution 1st Floor 2nd Floor 3,826 990 Total t2,676 5,199 L7,864 Leasable Area Common Area 9,950 4,799 13,048otal 4,8L6 21 88 Exhibit E Renewal Summary Current Space Suite Sq. Ft. OEx @ 57.58 Proposeo Change Proposed Space suire sq. Fr. oEx @ s11.06Tenant VIDC Community Action Agency 1st Floor Office 2,076 s 15.93s.28 Downsize Same Location 1st Floor Offlce 69\5 7,642.46 CS of South Florida, lnc. - Meals 1st Floor Storase 289 5 2,218.32 Expansion 1st Floor Storage 485 S s,354.10 CS of South Florida, lnc. - Meals 1st Floor Auditorium 2,792 s s,3s7.88 No Change 1st Floor Auditoraum 2,792 S 7.733.84 CS of South Florida, lnc. - Ride lst Floor Office 445 s 3,41s.80 No Change lst Floor Office 445 5 4,92t.7o .HANC of Dade County, lnc.1st Floor Davcare 2,9r9 5 22,406.16 No Change 1st Floor Daycare 2,979 5 32,284.t4 .HANC of Dade County, lnc.1st Floor Plavsround 7,OO2 )No Change 1st Floor Playground 7,002 5 JNIDAD of Miami Beach, lnc.1st Floor 2nd Floor 329 3,826 5 31,893.72 Downsize Partial Relocation 1st Floor 2nd Floor 1,518 564 5 23,026.92 iouth Florida Workforce nvestment Board N/A N/A N/A New Lease (Former UNIDAD Space) 2nd Floor 3,262 5 36,077.72 89 Exhibit F Miami Dade County - Lease Amendment 90 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement is entered into this _ day of 2014 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"), and MIAMI- DADE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, on September 9, 2009, the Mayor and City Commission passed Resolution No. 2009-27186, approving a Lease Agreement between the City and Jewish Community Services of South Florida, lnc. for the use of approximatety 2,076 square feet of City-owned property, located on the 1't floor of the South Shore Community Center (alkla the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four (4) years and 364 days, commencing retroactively on October 2,2OOg, and ending on September 30,2014; and WHEREAS, on October 29, 2104, the Mayor and City Commission adopted Resolution No. 2014--- accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute the following Amendment No. 1 to the Lease Agreement; and NOW THEREFORE, the City and Tenant, for and in consideration of the mutuat covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1 . Paragraph 3, on Page 1 of the Lease Agreement, shall be amend ed (deleted items st+ue*+Areugh and inserted items underlinedt as follows: Z,A# 691 rentable square feet of air-conditioned office space located on the 1't floor of the South Shore Community Center located at 833 Sixth Street, Miami Beach, Florida 33139, and as more specificallv delineated in "Exhibit 1" (Demised Premises). attached hereto and incorporated herein. 2. Paragraph 4, on Page 1 of the Lease Agreement, shall be amended (deleted items etruek:Areagh and inserted items underlinedl as follows: To have and to hold unto the said Tenant for a term of feur (4) years and 36,1 days five (5) vears, commencing retroactively on eelebe+2;-200g October 1, 2014, subject to the passage of the resolution of the Miami-Dade County Board of County Commissioners (the "Board") approving this Lease Agreement (the "CommencementDate'')andterminatingonWSeptember30, 2019. 91 3.Article l, entitled "Use of Demised Premises", on Pages 1-2 of the Lease Agreement, shall be amended (deleted items s+rue*+*reugh and inserted items underlinedt as follows: Tenant shall be required to meet certain performance benchmarks more specificallv described as follows: 1. Number of low-income residents accessino services throuoh the South Beach Communitv Service Centers: 2.130 annuallv 2. Low-income households emerqencies resolved such as rent. mortoaqe. relocation. food and clothino: 85 annuallv 3. Low-income households receivinq relocation securitv deposit assistance: 56 annuallv 4. Low-income households receivinq LIHEAP reqular utilitv assistance: 1.265 annuallv 5. Low-income households receivinq LIHEAP Crisis utilitv assistance: 662 annuallv 6. Households receivino Care To Share utilitv assistance: 62 annuallv All recipients shall be Miami Beach residents. The above fiqures are subiect to chanqe based on fundinq amounts provided bv Federal Grants and State Grants. Article xxvlll, entitled " Additional Rent (operating Expenses)", on Pages 2-3 of the Lease Agreement, shall be amended (deleted items struel<lhreugh and inserted items underlinedl as follows: ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the following Additional Rent as provided below: Tenant shall pay ene Theusand Eight Hundred Sixty Seven Dellars and 18/100 ($1;867,18) per menth; fer its prepertienate share ef "Operating Expenses" whietr are defined as fellews: Throuohout the first vear of the Term. Tenant shall pav Five Hundred Seven Dollars and 31/100 ($507.31) per month. for its proportionate share of "Operatino Expenses" which are defined below. Throuqhout the second vear of the Term. Tenant shall pav Five Hundred Seventv Two Dollars and 38/100 ($572.38) per month. for its proportionate share of Operatinq Expenses. Throuqhout the third vear of the Term. Tenant shall pav Six Hundred Thirtv Seven Dollars and 45/100 ($637.45) per month. for its proportionate share of Operatino Expenses. Thereafter. the Operatinq Expenses shall be subiect to adiustment pursuant to below. 4. 92 5. 6. defined) and shall include electrical seryice, water service, sewer service, stormwater costs, maintenance and repairs costs, and janitorial service to the Building (including the Demised Premises). "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. Commencino the fourth vear of the Term. irrespective *respeetive of the items listed above, amounts due by Tenant, associated with Common Facilities Operating Expenses, will be determined based on Tenant's pro-rata share of the items, more specificallv described in "Exhibit XXVlll". which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be sixtee+(l$%, 5.451%. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. Article XVll, entitled "Option to Renew", on Page 8 of the Lease Agreement, shall be deleted in its entirety. Except as othenrvise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. ln the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Amendment No. 1 to Lease Agreement shall govern. [The remainder of this page has been intentionally left blank] 93 lN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest:CITY OF MIAMI BEACH, FLORIDA Rafael Granado, CITY CLERK Philip Levine, MAYOR Attest:MIAMI-DADE COUNTY, FLORIDA Signature Carlos A. Gimenez, Mayor Print Name Signature Print Name CORPORATE SEAL (affix seal here) F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\MDCAA\MDCCAA - First Amendment DRAFT (10-10-14).docx 94 EXHIBIT 1 Demised Premises 833 6th Street 1st Floor 95 EXHIBIT XXVilt Additional Rent (Operating Expenses) South Shore Community Center 833 6th Street 2013 Fiscal Year Operating Expenses (Total without lnsurance) Total Cost Per Leasable Square Foot Cost Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,957 2,500 3.89 0.27 o.23 o.20 4.5958,172 Maintenance Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 L,428 L,644 362 642 44,69L 2.62 0.11 0.13 0.03 0.0s 3.53 6.4781,962 lnsur ance Property lnsurance Hurricane Exposure Subtota! Tota! Annual Operating Expenses S 140,135 S 11.0G Building Square Distribution 1st Floor 8,850 2nd Floor Leasable Area 3,826 990 4,876 L2,676 5,199 77,864 mmon Area 4.L98 Total 13,048 96 Exhibit G JCS Senior Meals - Lease Amendment 97 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement is entered into this _ day of 2014 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"), and JEWISH COMMUNIry SERVICES OF SOUTH FLORIDA, lNC., a Florida not-for-profit corporation (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, on September 9, 2009, the Mayor and City Commission passed Resolution No. 2009-27186, approving a Lease Agreement between the City and Jewish Community Services of South Florida, lnc. for the use of approximately 289 square feet of City-owned property, located on the 1't floor of the South Shore Community Center (atVa the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four (4) years and 364 days, commencing on October 2, 2009, and ending on September 30,2014: and WHEREAS, on October 29, 2104, the Mayor and City Commission adopted Resolution No. 2014--- accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute the following Amendment No. 1 to the Lease Agreement; and NOW THEREFORE, the City and Tenant, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shall be amended (deleted items etruek+nreagh and inserted items underlinedl as follows: Approximatel! four hundred eiqhtv five (485) square feet of leasable storage space on the 1't floor ofthe South Shore Community Center (a.k.a. the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida, 33139, and as more specifically delineated in "Exhibit 1", attached hereto and incorporated herein. 2. section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be amended (deleted items etra*-t+reugh and inserted items underlinedl as follows: 2.1 lt is the intent ef the parties that the term ef this tease Agreement, he term ef that aeh and 98 Jewish eemmunity Serviees ef Seuth Flerida, lne,, dated t',t', ra, 2009 (the "Ceneessien Agreement"), Aeeerdingly, Tenant shall be entitled te have and te held the Demised Premises fer an initial term ef fetryears (4) years and three hundred sixty feur (361) da)s, eemmeneing en the 2d day ef Oeteber, 2009 (the "eemmeneement Date"); and ending en the 3Oh day W Tenant shall be entitled to have and to hold the Demised Prem ber. 2014 (the on the 30'" dav of September 2019. For purposes of this Lease Agreement, her€ift a "contract year" shall be defined as that certain period commencing on the 1tt day of October, and ending on the 30th day of September. 3. revided that (i) Tenant is in Tenant eentinues te utilize the Demised Premises in aeeerdanee with the ein, tnis ngreeme (1) additienal five (5) year renewal term, whieh renewal shall be memerialized in writing and exeeuted by the parties herete (with the Gity hereby autherizing the eity Manager te exeeute en behalf ef the City), Netwithstanding the preeeding' within ninety (90) days prier te the expiratien ef the initial term; tl'e City Manager may eleet te re negetiate a netiee ef sueh eleetien. lf; fellewing geed faith negetiatiens between the may further eleet te net renew the Agreement, in whieh ease the @ ien under the tetter ll and veid and ef n and effeet. Additienally; if; at any time during the term ef this tease e ever; then this ll and veid and ef ne further feree and effeet. Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be amended (deleted items stra*lAreugh and inserted items underlinedl as follows: 3.2 Additional Rent: ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the following Additional Rent as provided below: 99 Operatinq Expenses: Tenant shall pay One Theusand Eight Hundred Sixty Seven Dellars and 18/100 ($1,867,18) per menth, fer its prepertienate as tettews: Throuqhout the first vear of the Term, Tenant shall pav Three Hundred Fiftv Six Dollars and 07/100 ($356.07) per month. for its proportionate share of "Operatinq Expenses" which are defined below. Throuqhout the second vear of the Term. Tenant shall pav Four Hundred One Dollars and 741100 ($401.74) per month. for its proportionate share of Operatinq Expenses. Throuohout the third vear of the Term. Tenant shall pav Four Hundred Fortv Seven Dollars and 411100 ($447.41) per month. for its proportionate share of Operatino Expenses. Thereafter. the Operatino Expenses shall be subiect to adiustment pursuant to Subsection 3.2.1.1 below. "Operating Expenses" shall mean the following costs and expenses incurred in operating, repairing, and maintaining the Common Facilities (as hereinafter defined) and shall include electrical service, water service, sewer seryice, stormwater costs, maintenance and repairs costs, and janitorial service to the Building (including the Demised Premises). "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. 3.2.1.1 Commencinq the fourth vear of the Term. irrespective lff€spe€tive of the items listed above, amounts due by Tenant, associated with Common Facilities Operating Expenses, will be determined based on Tenant's pro-rata share of the items more specifically described in "Exhibit3.2.1", which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be tlle{e$aereen+ 3.826%. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the Lease Agreement, shall be amended (deleted items s+rue*+*reagh and inserted items underlinedl as follows: 7.4 Tenant shall be required to meet certain performance benchmarks more specificallv described as follows: 3.2.1 4. 100 Senior Meals Proqram: 9.000 meals served annuallv (100% shall be Miami Beach residents). 5. Except as othenvise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. ln the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Amendment No. 1 to Lease Agreement shall govern. lN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest:CITY OF MIAMI BEACH, FLORIDA Rafael Granado, Clry CLERK Philip Levine, MAYOR Attest:JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC. Signature Fred Stock, CEO Print Name Signature Print Name CORPORATE SEAL (affix seal here) F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\JCS\JCS Senior Meals - First Amendment DRAFT (10-10-14).docx 101 EXHIBIT 1 Demised Premises 833 6th Street 1st FIoor 102 EXHIBIT 3.2.1 Operating Expenses South Shore Community Center 833 6th Street 2013 Fiscal Year Operating Expenses (Total without lnsurance) Total Cost Per Leasable Square Foot Cost Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,95L 2,500 3.89 o.27 o.23 0.20 4.s958,L72 Maintenance Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 7,428 7,644 362 642 44,69L 2.62 0.11 0.L3 0.03 0.0s 3.53 5.478t,962 Insurance Property lnsurance Hurricane Exposure Subtotal -Total Annual Operating Expenses Building Distribution lst Floor 8,850 2nd Floor 3,826 990 4,8t6 T Leasable Area L2,676 5,188 77,864 4.798 Total n Area 13,048 103 Exhibit H JCS Senior Ride - Lease Amendment 104 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement is entered into this _ day of 2014 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"), and JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC., a Florida not-for-profit corporation (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, on September 9, 2009, the Mayor and City Commission passed Resolution No. 2009-27186, approving a Lease Agreement between the City and Jewish Community Services of South Florida, lnc. for the use of approximately 445 square feet of City-owned property, located on the 1't floor of the South Shore Community Center (alkla the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four (4) years and 364 days, commencing on October 2, 2009, and ending on September 30,2014; and WHEREAS, on October 29, 2104, the Mayor and City Commission adopted Resolution No. 2014--....- accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute the following Amendment No. 1 to the Lease Agreement; and NOW THEREFORE, the City and Tenant, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1. section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be amended (deleted items etru*-+Areagh and inserted items underlinedt as follows: 2.1 Tenant shall be the Dem term of five "commencement Date") and endinq on the 30'n dav of September 201g. For purposes of this Lease Agreement, ieq i+ a "contract year" shall be defined as that certain period commencing on the 1t' dry of October, and ending on the 30"'day of September. i+-+n Seetien 1B hereef, and (ii) 105 Tenant eentinues te utilize the Demised Premises in aeeerdanee with the ene (1) additienal five (5) year renewal term, whieh renewal shall be hereby autherizing the City Manager te exeeute en behalf ef the City), Netwithstanding the preeeding, within ninety (90) days prier te the expiratien ef the initial term; the eiV Manager may eleet te re negetiate a netiee ef sueh eleetien, lf; fellewing geed faith negetiatiens between the City and Tenant; the parties are unable te agree, then the City Manager @ tter is terminated er etherwise eeases te be is and ef ne further fe{ce 2. Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be amended (deleted items etruek-+Areagh and insefted items underlinedt as follows: 3.2 Additional Rent: ln addition tothe Base Rent, assetforth in Section 3.1, Tenantshall also pay the following Additional Rent as provided below: 3.2.1 Operatinq Expenses: Tenant shall pay One Theusand Eight Hundred Sixty Seven Dellars and 18/100 ($1,867,18) per menth, fer its prepertienate share ef "eperating Expenses" whieh are defined as fellews: Throuqhout the first vear of the Term, Tenant shall pav Three Hundred Twentv Six Dollars and 70/100 ($326.70) per month. for its proportionate share of "Operatinq Expenses" which are defined below. Throuqhout the second vear of the Term. Tenant shall pav Three Hundred Sixtv Eiqht Dollars and 61/100 ($368.61) per month. for its proportionate share of Operatinq Expenses. Throuqhout the third vear of the Term. Tenant shall pav Four Hundred Ten Dollars and 51/100 ($410.51 ) per month. for its proportionate share of Operatino Expenses. Thereafter. the Operatinq Expenses shall be subiect to adiustment pursuant to Subsection 3.2.1.1 below. 106 4. ;?5:lX*',.5}1,!l'i,';#:11.il?ilJffn,t',1?v.13'..?Tli'il: Common Facilities (as hereinafter defined) and shall include electrical service, water service, sewer service, stormwater costs, maintenance and repairs costs. and janitorial service to the Building (including the Demised Premises). "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. 3.2.1.1 Commencinq the fourth vear of the Term, irrespective kr€spe€ti\re of the items listed above, amounts due by Tenant, associated with Common Facilities Operating Expenses, will be determined based on Tenant's pro-rata share of the items more specifically described in "Exhibit 3.2.1", which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be +e+t+{+X}peree+t 3.511%o. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the Lease Agreement, shall be amended (deleted items etruet<lAreugh and insefted items underlinedl as follows: 7.4 Tenant shall be required to meet certain performance benchmarks more specificallv described as follows: Senior Ride Proqram: 22.000 one-wav trips annuallv (at least 66% shall be Miami Beach residents). Except as othenruise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. ln the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Amendment No. 1 to Lease Agreement shall govern. 5. [The remainder of this page has been intentionally left blank] 107 lN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest:CITY OF MIAMI BEACH, FLORIDA Rafael Granado, Clry CLERK Philip Levine, MAYOR Attest:JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC. Signature Fred Stock, CEO Print Name Signature Print Name CORPORATE SEAL (affix seal here) F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\JCS\JCS Senior Ride - First Amendment DRAFT (10-10-14).docx 108 EXHIBTT 3.2.1 Operating Expenses South Shore Community Center 833 5th Street 2013 Fiscal Year Operating Expenses (Total without !nsurance) Total Cost Per leasable Square Foot Cost Utilities Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,95L 2,50O 5 sg,ttz 3.89 0.27 0.23 o.20 4.59 Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 L,428 1,644 362 642 44,697 2.62 0.11 0.13 0.03 0.05 3.53 6.478t,962 lnsurance Property lnsurance Hurricane Exposure Subtotal s s Iotal Annual Operating Expenses s 140,135 s 11.06 Building Square Distribution e Area lst Floor 8,850 4,\98 13,048 2nd Floor 3,826 990 4,8L6 12,676 mon Area 5.188 otal t7,864 109 Exhibit I JCS Senior Meals - Concession Amendment 110 AMENDMENT NO. 1 TO CONCESSION AGREEMENT This Amendment No. 1 to Concession Agreement is entered into this _ day of 2014 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"), and JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, lNC., a Florida not-for-profit corporation (hereinafter referred to as "Concessionaire"). WITNESSETH: WHEREAS, on September g, 2009, the Mayor and City Commission passed Resolution No. 2009-27186, approving a Concession Agreement between the City and Jewish Community Services of South Florida, lnc. for the use of approximately 2,792 square feet of City-owned property, located on the 1't floor of the South Shore Community Center (atkta the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida,33139; said concession agreement having an initial term of four (4) years and 364 days, commencing on October 2,2009, and ending on September 30, 2014; and WHEREAS, on October 29, 2104, the Mayor and City Commission adopted Resolution No. 2014-_.._.- accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute the following Amendment No. 1 to the Concession Agreement; and NOW THEREFORE, the City and Concessionaire, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Concession Agreement, as follows: 1. Section 1, entitled "Term", on Page 2 of the Concession Agreement, shall be amended (deleted items straetmqh and inserted items underlinedl as follows: 1.1 lt is the intent of the parties hereto that the term of this Agreement,i , is to run concurrent with the term of that certain Lease Agreement between the City of Miami Beach and Jewish Community Services of South Florida, lnc., dated September 9, 2009 (hereinafter, the "Lease Agreement"). Accordingly, this Concession Agreement shall be for an initial term ef feur ( l) years andthree hunCred "Cemmeneement Date"); and ending en the 30th day ef September, 201 l, a term of five ino on the 1tt Date" September 2019. For purposes of this Agreement, @ , a "contract year" shall be defined as that certain period commencing on the 1st day of October, and ending on the 30th day of September. 111 1=2 At the expiratien ef the initial term herein, and previded that (i) Ceneessienaire is in geed standing and free frem default(s) under Seetien ien is term; whieh renewal shall be memerialize*in writing and exeeuted by the parties herete (with the City hereby autherizing the eiV Manager te Netwithstanding the preeeding; within ninety (90) da.,s prier te the written netiee ef sueh eleetien, lf' fellewing geed faith negetiatiens ies-are--unable te agree, then the eity Manager may further eleet te net renew the Agreement, in whieh ease the Agreement will terminate and the City shall have ne further ienair+ 1'3 Additienally; in the event that the renewal eptien fer the tease Agreement is net exereised; then this eeneessien Agreement shall autematieally terminate; and shall be null and veid and ef ne further feree an*effeet, the tease Agreement is terminated er etherwise eeases te be ef any legal feree and effeet; fer whatever reasen whatseever, then this Ceneessien ne further feree and effeet, 2. Section 3, entitled "Use(s)", on Page 3 of the Concession Agreement, shall be amended (deleted items stru*-tnreagh and inserted items underlinedt as follows: 3.1.1 Concessionaire shall be required to meet certain performance benchmarks more specificallv described as follows: Senior Meals Proqram: 9.000 meals served annuallv (100% shall be Miami Beach residents). 3. Section 4, entitled "Concession Fees", on Pages 3-4 of the Concession Agreement, shall be amended (deleted items struA<:*reaqh and inserted items underlined) as follows: 4.2.1 Operatinq Expenses. eeneessienaire shalt pay Fetr Hundred Ferty Sir Dellars and "Operating Expenses" whieh are defined as rellews: Throuqhout the first vear of the Term. Concessionaire shall pav Five Hundred Twelve Dollars and 45/100 ($512.45) per month. for its proportionate share of "Operatinq Expenses" which are defined 112 4. below. Throuqhout the second vear of the Term. Concessionaire shall pav Five Hundred Seventv Eiqht Dollars and 18/100 ($578.18) per month. for its proportionate share of Operatinq Expenses. Throuqhout the third vear of the Term. Concessionaire shall pav Six Hundred Fortv Three Dollars and 91/100 ($643.91) per month. for its proportionate share of Operatinq Expenses. Thereafter. the Operatino Expenses shall be subiect to adiustment pursuant to Subsection 3.2.1.1 below. "Operating Expenses" shall mean the following costs and expenses incurred in operating, repairing, and maintaining the Common Facilities (as hereinafter defined) and shall include electrical service, water service, sewer service, stormwater costs, maintenance and repairs costs. and janitorial service to the Building (including the Demised Premises). "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Concessionaire and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. Commencinq the fourth vear of the Term. irrespective krespe€ti\Fe of the items listed above, amounts due by Concessionaire, associated with Common Facilities Operating Expenses, will be determined based on Concessionaire's pro-rata share of the items more specifically described in "Exhibit 4.2.1", which is hereby made a part of this Concession Agreement. Pro-rata share shall mean the percent which the Concession Area bears to the total square footage of leasable space within the Building, which share is hereby agreed to be site{C96)-per€en+ 5.506%. Concessionaire agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Concessionaire's pro-rata share of Operating Expenses shall increase or decrease accordingly. Except as othenryise specifically amended herein, all other terms and conditions of the Concession Agreement by and between the Landlord and Concessionaire shall remain in full force and effect. ln the event there is a conflict between the provisions provided herein and the Concession Agreement, the provisions of this Amendment No. 1 to Concession Agreement shall govern. [The remainder of this page has been left intentionally blank] 113 lN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest:CITY OF MIAMI BEACH, FLORIDA Rafael Granado, CITY CLERK Philip Levine, MAYOR Attest:JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC. Signature Fred Stock, CEO Print Name Signature Print Name CORPORATE SEAL (affix seal here) FIRHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\JCS\JCS Concession - First Amendment DRAFT (10-10-14).docx 114 EXHIBIT 4.2.1 Operating Expenses South Shore Community Center 833 6th Street 2013 Fiscal Year Operating Expenses (Total without Insurance) Total Cost Per Leasable Square Foot Cost Utilities Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,95L 2,500 3.89 o.27 o.23 0.20 4.5958,172 lVlaintenance Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 L,428 L,644 362 642 44,691 s 81,952 2.62 0.11 0.13 0.03 0.05 3.s3 6.47 nsurance Property lnsurance Hurricane Exposure Subtotal - s Iotal Annual Operating Expenses S tco,tEs s 11.06 Footage Distribution 1st Floor 8,850 4,L98 2nd Floor Area 3,826 990 4,816 L2,676 5,188 17,864 mon Area Total 13,049 115 Exhibit J LHANC - Lease Amendment 116 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement is entered into this _ day of, 2014 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"), and LITTLE HAVANA ACTIVITIES & NUTRITION GENTERS OF DADE COUNTY, lNC., a Florida not-for-profit corporation (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, on September 9, 2009, the Mayor and City Commission passed Resolution No. 2009-27186, approving a Lease Agreement between the City and Little Havana Activities & Nutrition Centers of Dade County, lnc. for the use of approximately 2,919 square feet of City-owned property, located on the 1't floor of the South Shore Community Center (alkla the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four (4) years and 364 days, commencing on October 2, 2009, and ending on September 30,2014: and WHEREAS, on October 29, 2104, the Mayor and City Commission adopted Resolution No. 2014--..- accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute the following Amendment No. 1 to the Lease Agreement; and NOW THEREFORE, the City and Tenant, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shalt be amended (deleted items strua<:*reagh and inserted items underlinedl as follows: Approximately 2,919 square feet of leasable space on the l"tfloor of the South Shore Community Center (a.k.a. the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida, 33139, and as more specifically delineated in "Exhibit 1" "Exhibit 1-A", attached hereto and incorporated herein, and approximatelv 7,002 square feet of exterior plavqround area. located adiacent to the interior davcare space. and as more specificallv delineated in "Exhibit 1-B". attached hereto and incorporated herein. Notwithstandinq the previous sentence. Tenant shall not be required to oav Rent for the plavqround area. 117 2.Section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be amended (deleted items stru*-t*reugh and inserled items underlinedl as follows: 2.1 lt is the intent ef the parties that the term ef this tease Agreement, ineluding any renewal terms; is te run eeneurrent with the term ef that Havana Aetivities & Nutritien Centers ef Dade Geunty, lne,, dated r',t., tS, ZOgg (the "tet have and te held the Demised Premises fer an initial term ef feur years (4) years and three hundred sixty feur (36 l) days, eemmeneing en the 2d day ef eeteber, 2009 (the "Gemmeneement Date"), and ending en the 30h day @ Tenant shall be entitled to have and to hold the ises for a term ivelv commenci on the 1 of ,, ber 2019. For purposes of this Lease Agreement, h€r€ift a "contract year" shall be defined as that certain period commencing on the 1" dry of October, and ending on the 30th day of September. ++in Tenant eentinues te utilize the Demised Premises in aeeerdanee with the ene(1) additienal five (5) year renewal- term, whieh renewal shall be memerialized in writing and exeeuted by the parties herete (with the eiU hereby autheri-ing the eity Manager te exeeute en behalf ef the Gity), Netwithstanding the preeeding' within ninety (90) days prier te the expiratien ef the initial term; the City Manager may eleet te re negetiate a written netiee ef sueh eleetien, lf; fellewing geed faith negetiatiens between the anager e eiU shall have ne further liability er @ ieH+nder the tetter eid and ef ne further feree and effeet, Additienally; if; at any tirne during the term ef this tease ef any legal feree and effeet; fer whatever reasen whatseever, then this ull and veid 118 3.Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be amended (deleted items etruek-*rsagh and inserted items underlinedl as follows: Additional Rent: ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the following Additional Rent as provided below: 3.2.1 Operatino Expenses: Tenant shall pay One Theusand Eight Hundred Sixty Seven Bellars and 18/100 ($1,867,18) per menth, fer its preeertienate share ef "Operating Expenses" whieh are defined as fellews; Throuqhout the first vear of the Term. Tenant shall pav Two Thousand One Hundred Fortv Three Dollars and 03/100 ($2.143.03) per month. for its proportionate share of "Operatinq Expenses" which are defined below. Throuqhout the second vear of the Term. Tenant shall pav Two Thousand Four Hundred Seventeen Dollars and 91/100 ($2.417.91) per month. for its proportionate share of Operatinq Expenses. Throuqhout the third vear of the Term, Tenant shall pav Two Thousand Six Hundred Ninetv Two Dollars and 78/100 ($2.692.78) per month. for its proportionate share of Operatinq Expenses. Thereafter. the Operatinq Expenses shall be subiect to adiustment pursuant to Subsection 3.2.1.1 below. "Operating Expenses" shall mean the following costs and expenses incurred in operating, repairing, and maintaining the Common Facilities (as hereinafter defined) and shall include electrical service, water service, sewer service, stormwater costs, maintenance and repairs costs. and janitorial service to the Building (including the Demised Premises). "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. 3.2.1.1 Commencinq the fourth vear of the Term. irrespective kr€spe€tive of the items listed above, amounts due by Tenant, associated with Common Facilities Operating Expenses, will be determined based on Tenant's pro-rata share of the items more specifically described in "Exhibit 3.2.1", which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be 23.028o/o. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, 3.2 119 4. Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. section 7, entitled "Use and Possession of Demised Premises", on page 5 of the Lease Agreement, shall be amend ed (deleted items etraek-tAreugh and inserted items underlinedt as follows: 7.4 Tenant shall be required to meet certain performance benchmarks more specificallv described as follows: Childcare Services: Maintain a roster of 74 children served on an onqoinq basis (at least 95% of the children's parents shall be Miami Beach residents or emplovees). Except as othenvise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. ln the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Amendment No. 1 to Lease Agreement shall govern. [The remainder of this page has been intentionally left blank] 5. 120 lN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest:CITY OF MIAMI BEACH, FLORIDA Rafael Granado, CITY CLERK Philip Levine, MAYOR Attest:LITTLE HAVANA ACTIVITIES AND NUTRITION CENTER OF DADE COUNTY, INC. Signature Ramon Perez Dorrbecker, President Print Name Signature Print Name CORPORATE SEAL (affix seal here) FTRHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\LHANC\LHANC - First Amendment DRAFT (10-10-14).docx 121 EXHIBIT 1.A Demised Premises (Daycare) 833 6th Street 1st Floor 122 EXHIBIT 1-B Demised Premises (Playground) 833 6th Street 1st Floor 123 EXH|BIT 3.2.1 Operating Expenses South Shore Community Center 833 5th Street 2013 Fiscal Year Operating Expenses (Total without lnsurance) Total Cost Per Leasable Square Foot Cost Utilities Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,957 2,500 $ sg,ttz 3.89 0.27 0.23 0.20 4.59 Maintenance Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,199 1,,428 7,644 362 642 44,69L s 81,962 2.62 0.11 0.13 0.03 0.0s 3.53 5.47 nsurance Property lnsurance Hurricane Exposure Subtotal s s Total Annual Operating Expenses s 140,135 s 11.05 Building Square Footage Distribution Leasable Area 1st Floor 8,850 4,L99 13,048 2nd Floor 3,826 990 12,676 5,188 17,864 Area otal 4,81.6 124 Exhibit K UNIDAD - Lease Amendment 125 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement is entered into this _ day of, 2014 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as 'City" or "Landlord"), and UNIDAD OF MIAMI BEACH, lNC., a Florida not-for-profit corporation (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, on September g, 2009, the Mayor and City Commission passed Resolution No. 2009-27186, approving a Lease Agreement between the City and Jewish Community Services of South Florida, lnc. for the use of approximately 329 square feet of City-owned property located on the 1" floor, and approximately 3,826 square feet of City-owned property located on the 2no floor, of the South Shore Community Center (atkta the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four (4) years and 364 days, commencing on October 2, 2009, and ending on September 30,2014; and WHEREAS, on October 29, 2104, the Mayor and City Commission adopted Resolution No. 2014--.- accepting the recommendation of the Finance and Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to execute the following Amendment No. 1 to the Lease Agreement; and NOW THEREFORE, the City and Tenant, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shall be amended (deleted items et+ue*-fhreagh and inserted items underlinedt as follows: 1-A. Approximately 133 square feet of storage space. ald approximatel space. on ^,the l tt floor, of the S (a.k.a. the 6th Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida, 33139, and as more specifically delineated in "Exhibit 1-A", attached hereto and incorporated herein; and 1-8. Approximately 3''826 564 square feet of leasable office space on the 2no floor of the Building, and as more specifically delineated in "Exhibit 1-B", attached hereto and incorporated herein. 2. section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be 126 3. amended (deleted items struet<l*reagh and inserted items underlinedl as follows: 2.1 Tenant shall be entitled te have and to l'rold tha llamisacl Preminnn for an d endino on the For purposes of this Lease Agreement, ieq h a "contract year" shall be defined as that certain period commencing on the 1" day of October, and ending on the 30'n day of September. Tenant is in @ free frem default(s) under Seetien 18 hereef, and (ii) Tenant eentinues te utilize the Demised Premises in aeeerdanee with the fer ene(1) additienal five (5) year renewal term, whieh renewal shall be memeria+izeC in writing and ex ity hereby autherizing the City Manager te exeeute en behalf ef the City). Netwithstanding the preeeding, within ninety (90) days prier te the expiratien ef the initial term; the efty Manager may eleet te re negetiate a reasenable inerease in the Rent; and shall previde Tenant with written netiee ef sueh eleetien, lf; fellewing geed faith negetiatiens between the the eity Manager ity er@ nder the tetter Agreement shall her feree and effeet, Additienally; if; at any time during the term ef this tease ef any legal feree and effeet; fer whatever reasen whatseever, then this and ef ne further feree and effeet, Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be amended (deleted items s#aa++Areugh and inserted items underlinedl as follows: 3.2 Additional Rent: ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the following Additional Rent as provided below: Tenant shall be entitled te have and te held the Demised Premises fer an nd to hold a term of five (5 127 4. 3.2.1 Operating Expenses: Tenant shall pa., One Theusand Eight Hundred Sixty Seven Dellars and 18/100 ($1,867,18) per menth, fer its nrepertienate share ef "Operating Expenses" whieh are defined as fellews: Throuqhout the first vear of the Term, Tenant shall pav One Thousand Five Hundred Twentv Eiqht Dollars and 54/100 ($1,528.54) per month. for its proportionate share of "Operatinq Expenses" which are defined below. Throuqhout the second vear of the Term. Tenant shall pav One Thousand Seven Hundred Twentv Four Dollars and 59/100 ($1.724.59) per month. for its proportionate share of Operatinq Expenses. Throuohout the third vear of the Term. Tenant shall pav One Thousand Nine Hundred Twentv Dollars and 65/100 ($1 .920.65) per month. for its proportionate share of Operatinq Expenses. Thereafter. the Operatinq Expenses shall be subiect to adiustment pursuant to Subsection 3.2.1.1 below. "Operating Expenses" shall mean the following costs and expenses incurred in operating, repairing, and maintaining the Common Facilities (as hereinafter defined) and shall include electrical service, water service, sewer service, stormwater costs, maintenance and repairs costs. and janitorial service to the Building (including the Demised Premises). "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. 3.2.1.1 Commencinq the fourth vear of the Term, irrespective k+esp€€ti\re of the items listed above, amounts due by Tenant, associated with Common Facilities Operating Expenses, will be determined based on Tenant's pro-rata share of the items more specifically described in "Exhibit3.2.1", which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be @ 16.425%. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the Lease Agreement, shall be amended (deleted items str*+Are@ and inserted items underlinedt as follows: 128 7.1 The Demised Premises shall be used by the Tenant solely for the purpose(s) of storage space (4.A) and administrative offices ({-B) for the Miami Beaeh One Step eareer Center and Seuth Flerida Werkferee its Refuqee Emplovment & Traininq Proqram and its Children's Trust Afterschool Proqrams. Additionallv. Tenant shall be permitted. but not required, to implement an lmmiqration Service Program. Tenant also provides information and referral services on a walk-in basis. Said Premises shall be open for operation a minimum of five (5) days a week, with minimum hours of operation being as follows: Monday - Friday:8:00 AM to 5:00 PM Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. 7.4 Tenant shall be required to meet certain performance benchmarks more specificallv described as follows: Refuqee Emplovment & Traininq: 120 -150 participants (at least 70% shall be Miami Beach residents). Children's Afterschool Proqrams: 74 - 100 participants (100% shall be Miami Beach residents). Except as othenrvise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. ln the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Amendment No. 1 to Lease Agreement shall govern. [The remainder of this page has been intentionally left blank] 5. 129 lN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above. Attest:CITY OF MIAMI BEACH, FLORIDA Rafael Granado, CITY CLERK Philip Levine, MAYOR Attest:UNIDAD OF MIAMI BEACH, INC. Signature Margarita Cepeda, Executive Director Print Name Signature Print Name CORPORATE SEAL (affix seal here) F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\UNIDAD\UNIDAD - First Amendment DRAFT (10-10-14).docx 130 EXHIBIT 1.A Demised Premises 833 6th Street 1st Floor 131 EXHIBIT 1.8 Demised Premises 833 6th Street 1st Floor i I l!lr UIH ! u =i oro F U i "nr .-i L' . urf a) =a rts 132 EXHIBTT 3.2.1 Operating Expenses South Shore Community Center 833 5th Street 2013 Fiscal Year Operating Expenses (Total without lnsurance) Total Cost Per Leasable Square Foot Cost Electricity Water Sewer Stormwater (estimate) Subtotal 49,263 3,454 2,957 2,500 3.89 0.27 0.23 0.20 4.5958,172 Maintenance Janitorial Elevator Cooling Tower Treatment Fire Services Pest Control Repairs & Maintenance Subtotal 33,189 L,428 I,644 362 642 44,691 2.62 0.11 0.13 0.03 0.0s 3.s3 6.478L,962 lnsurance Property lnsurance Hurricane Exposure Subtota!5-s Total Annua! Operating Expenses s 140,13s s rr.os Building Square Distribution 1st Floor 8,850 2nd Floor 3,826 990 4,9L6 T Leasable Area 12,676 5,199 77,864 mmon Area 4.198 otal 13,048 133 I{lA},ll HERALD I MiamiHerald,com r,-. -d-. * --,- *-n@ ltli . x:t5 .,*; r-.I !_4 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEABING NOfrcE $ HEREBY given that the following public hearings will be heard by the Mayor and City Commission of the City sf Miami Beach, Florida, in the Commission Chambers, Srd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wodn*sday, October 29,2O1*, or as soon thereafter as the mafier can be heard. to consider: 5120 p.m. A Resolution Following A Duly Advertised Public Hearing, Waiving, By Sfth Vote, The Competitive Eidding Requirement. As Permitted Under Section 82-39(A) Of The City Code; Finding Said WaiverTo Be lnThe Sest lnterest Of The City; And Approving And Authorizing The Mayor And City Clerk To Execute A Lease Agreernent Between The City ("Landlord") And South Florida Workforce lnvestrnent Board {"Tenant"}, For Lease Of Office Space At The City Owned Building Located At 833 6th Street, Miami Beadr, Florida, Consisting Of 3,263 Square Feet, To Prsvide Workforce $ervices; Said Lease Having A Term Of Five {5}Years,WithoutAny Renewal Options, frotroactively Commencing October 1, 2014 And Ending September 30, 2019. lnquiries may be directed to the Tburism, Cutture, and Economic Davelopment Depanment at 305.673.7572 INTERESTEO PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the Cify Comrnission, c/o the City Clerk, 1700 Convention Center Drive, 1"'Floor, City Hall. Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive. 1ur Floor. Ciiy Hall, Miami Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such circumstances. additional legal no:ice need not be provided, Pursuant to $ection 286.0105, Fla. $tat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered 6t its meetingor its hearing, suclr person must snsure that a verbatim record of ihe proceedings is made, which record includes the testimony and evidence upon which lhe appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irelevant evidence, nor does it authorize challenges or appeals not othen rise allowed by taw. To request this material in accessible formai, sign language ;nterpreters, information on access for persons with disabilities and/or any accommodationto review any document or participate in any Ciry-sponsured proceeding, please contact us *ve daye in advance at 305.673.7411tvoice) orTTY ussrs may also call the Florida Relay Service ar 711. Rafael E. Granado, City Clerk City of Miami Beach Ad 949 134 THIS PAGE INTENTIONALLY LEFT BLANK 135 R7 - Resolutions R7B A Resolution Approving, Following A Duly Noticed Public Hearing Pursuant To Section 163.361(2), Florida Statutes, An Amendment To The Miami Beach City Center/Historic Convention Village Redevelopment And Revitalization Area Plan (City Center RDA), An Approved Redevelopment Plan Under The Provisions Of Section 163.360, Florida Statutes (The Plan); Said Amendments: (A) lncorporating The City's Proposed Convention Center Renovation And Expansion Project; And (B) Providing For An Extension Of The City Center RDA At A Ninety Five Percent (95%) Tax lncrement Until The Earlier Of March 31, 2044, Or The Date Agency lndebtedness ls No Longer Outstanding; Further Approving And Authorizing The Mayor And City Clerk To Execute A Third Amendment, By And Among Miami-Dade County (County), The City, And The Miami Beach Redevelopment Agency (RDA), To The November 16, 1993 lnterlocal Cooperation Agreement, As Amended (The lnterlocal Agreement), Related To The City Center RDA And By Which The County Originally Delegated To The City Certain Redevelopment Powers Conferred To The County Under Part lll, Chapter 163, Florida Statutes (The Community Redevelopment Agreement Act Of 1969' Or The "Act"); And Which Amendment, Among Other Terms, Extends The Term Of The City Center RDA As Provided ln The Aforestated Plan Amendment, And Adds An Additional Member To The Governing Board Of The Agency, Who Shall Be The Miami-Dade County Commissioner Of County Commission District 5, Pursuant To Section 163.357(d) Of The Florida Statutes. 5:35 p.m. Public Hearinq (Tourism, Culture & Economic Development) (Open & Continued to November 19,2014) Agenda ltem R-l B Date P'ee '/q136 THIS PAGE INTENTIONALLY LEFT BLANK 137 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the Commission FIRST READING PUBLIC HEARING 4 MIAMIBEACH FROM: Jimmy L. Morales, City Manager Raul Aguila, City Attorney DATE: October 29,2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING, FOLLOWING FIRST READING/PUBLIC HEARING OF A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE, AND SECTIONS 163.3220 163.3243, FLORIDA STATUTES, BETWEEN THE CITY AND 8701 COLLINS DEVELOPMENT, LLC ("8701"), WHICH DEVELOPMENT AGREEMENT, lN PERTTNENT PART, (1) MEMORIALIZES THE CONDITIONS FOR VACATING THE CITY'S RIGHT OF WAY AT 87rH TERRACE EAST OF COLLTNS AVENUE ("CITY PARCEL"I; Ql GRANTS TO THE CIry A PERPETUAL PEDESTRIAN ACCESS EASEMENT ACROSS A PORTION OF THE VACATED CITY PARCEL; (3) ENSURES THE PAYMENT TERMS FOR 8701'5 PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF $10.5 MILLION DOLLARS, TO BE USED BY THE CITY FOR PUBLIC PURPOSES; (4) PROVIDES FOR THE TERMS AND CONDITIONS UNDER WHICH 8701 WILL DESIGN, DEVELOP AND CONSTRUCT CERTAIN IMPROVEMENTS TO THE CITY'S RIGHT.OF.WAY AT 87TH STREET AND COLLINS AVENUE, INCLUDING WITHOUT LIMITATION, THE TERMS OF A MANAGEMENT AGREEMENT BETWEEN THE CITY AND 8701; AND (5) DELINEATES THE CONDITIONS FOR THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF THE PROJECT LOCATED AT 8701 COLLINS AVENUE AS A HOTEL AND/OR RESIDENTIAL CONDOMINIUM SITE; AND FURTHER SETTING THE SECOND AND FINAL READING OF THE DEVELOPMENT AGREEMENT FOR A TIME CERTAIN. On September 17th, 2014, after second reading public hearing, the City Commission approved Resolution No. 2014-28754, and shall be referred to as the "Vacation Resolution", approving with conditions, the vacation of a 50 foot wide right-of- way, running from Collins Avenue, east 360 feet to Tract "A", currently known as 87th Terrace (hereinafter "City Parcel") in favor of 8701 Collins Development, LLC ("8701"). 8701 owns the Dezerland Hotel, located at 8701 Collins Avenue (hereinafter the Agenda ltem - A? C oate /o4Q'/{138 Development Agreement with 8701 Collins Avenue LLC, First Reading - Public Hearing October 29, 2014 Page 2of 5 "Property"), which is located to the south of and adjacent to the City Parcel and intends to redevelop the Property, together with the parking lot located on the north half of the Property and portions of the City Parcel, into a hotel, condo-hotel, and/or residential condominium (hereinafter the "Project"). ln contemplation of this Project, 8701 is required to enter into a Development Agreement with the City pursuant to Sections 163.3220 - 163.3243, Florida Statutes ("Development Agreement") to memorialize the terms and conditions of the Project, including the vacation of the City Parcel, and any other conditions imposed by the City Commission. The material terms for the Development Agreement as delineated in the Term Sheet, were approved by the City Commission during the September 10, 2014 Commission meeting. The Development Agreement has been drafted consistent with both the term sheet and vacation resolutions. Under the zoning district and the requirements of the Development Agreement the following is a list of permitted uses for the site, which may include condominiums; apartments; apartment-hotels; hotels; condo/hotel units; and accessory uses such as facilities for conventions, banquets and other functions; spa; beachfront recreational facilities; restaurants; parking facilities; administrative office space; and any other hotel or resort related uses including accessory uses commonly associated with hotels, as permitted under the City's Land Development Regulations. The maximum residential density is 100 dwelling units, peracre. The maximum building intensity is a floorarea ratio of 2.0. The maximum building height is 200 feet. The scale of the hotel use is limited by setback, height, floor area ratio, minimum room size and other provisions of the Land Development Regulations. The height of any habitable building on the Property shall not exceed 200 feet to the top of the roof, and architectural projections shall be required to comply with the terms of the City's Land Development Regulations. The Proposed Development Agreement: Below is a summary of the material terms from the Development Agreement: a. 8701 has offered a voluntary public contribution (hereinafter the "Voluntary Contribution") of $10.5 Million to the City in connection with the vacation of the City Parcel. All funds shall be allocated to public projects in North Beach, as shall be determined by the City Commission, in its sole and reasonable discretion; b. 8701 will make the first payment, in the amount of $1,000,000, within ten (10) business days following the City Commission's final approval of the Development Agreement. This payment will be non-refundable; c. 8701 will apply for a full building permit for the Project, using commercially reasonable efforts, no later than February 19,2016; d. 8701 will pay the City $a.5 million on the earlier of: (i) within ten (10) 139 Development Agreement with 8701 Collins Avenue LLC, First Reading - Public Hearing October 29, 2014 Page 3 of 5 business days of the issuance of a full building permit for the Project, or (ii) November 19,2016. The actual vacation of the City Parcel shall be effective as of the date the 8701 makes the $4.5 million payment. The $4.5 million payment shall be non-refundable. e. 8701 will pay the remaining $5 million in four (4) equal payments of $1.25 million every six (6) months starting on the earlier of: (i) six (6) months after the City's issuance of the full building permit for the Project, or (ii) May 19,2017; provided, however, that the entire amount remaining to be paid shall be paid ten (10) days prior to the issuance of a temporary certificate of occupancy (TCO) or certificate of occupancy (CO), whichever comes first, for the Project. The City may condition and withhold the issuance of the TCO or CO for the Project upon full and final payment of the remaining balance of the Voluntary Contribution. The $5 million payment shall also be non-refundable; f . 8701 shall develop and construct the Project consistent with the RM-2 zoning regulations and the terms of the Development Agreement; g. No later than ten business days following the City Commission's final approval of the Development Agreement, 8701 shall transfer to the City a perpetual public pedestrian access easement over a portion of the City Parcel, subject to the review and approval of City staff, not to be unreasonably withheld, in order to provide beach access to the public (the "City Easement"); h. The City Easement shall be improved as part of the Project and shall be open to the public and no later than the date a TCO or CO (whichever comes first) is issued for the Project. 8701 shall be solely responsible for all costs and work associated with the improvement (including, without limitation, the planning, permitting or construction) of the vacated City Parcel, as part of the Project including, but not limited to resurfacing, drainage, landscaping, hardscaping, sidewalks, irrigation, signage, beach access signage, lighting, design and construction of the City Easement; i. 8701 shall be responsible for the safety, security and maintenance of the City Easement; j. 8701 will enter into a Management Agreement for the 87th Street City right of-way, allowing 8701 to develop, maintain, pave, drain, light, landscape and install street furniture along this right-of-way in order to open the road to pedestrian traffic; k. 8701 may seek from the City development approvals and an easement agreement with the City in order to install balconies over the City's 87th Street right-of-way; l. 8701 will be responsible for submitting and obtaining any and all final, non-appealable development approvals for the Project (i.e. Design Review 140 Development Agreement with 8701 Collins Avenue LLC, First Reading - Public Hearing October 29, 2014 Page 4 ot 5 Board, Planning Board, Board of Adjustment.) 8701 agrees and acknowledges that any such development approvals are subject to, and conditioned upon, approval by applicable development boards, in the exercise of their police powers under the City Code and applicable Florida law; m. Except as to involuntary transfers (as shall be defined in the Development Agreement and which will include, without limitation, foreclosure transfers and transfers in lieu of foreclosure), 8701 shall not be entitled to assign or transfer its rights under the Development Agreement until after the earlier of (i) issuance of a Certificate of Occupancy ("CO") for the Project, or (ii) the payment of all of the Voluntary Contribution. Any such transferee shall assume all remaining obligations of 8701 under the Development Agreement including, without limitation, (i) 8701's obligation to grant and improve the City Easement and (ii) to improve the 87th Street right-of-way; provided, however, that as to subsection (ii) the City may, at its sole discretion, elect not to proceed with, or terminate (as the case may be) the Management Agreement for the 87th Street right-of-way. n. 8701 shall pay the remaining $5 million in four (4) equal payments of $1.25 million every six (6) months starting on the earlier of: (A) six (6) months after the City's issuance of the full building permit for the Project, or (B) May 19, 2017;, provided, however, that the fourth and final installment shall be paid no later than ten (10) days prior to the issuance of a temporary certificate of occupancy (the 'TCO") or certificate of occupancy (the "CO"), whichever comes first, for the Project. The City may condition and withhold the issuance of the TCO and/or CO for the Project pending full and final payment of the remaining balance of the Voluntary Contribution. The $5 million payment shall also be non- refundable, as and when each payment is made. o. 8701 shall defend, indemnify, and hold the City harmless should any Law Suit be filed; and p. 8701 agrees to reimburse the City for any attorney's fees incurred by the City for outside counsel's review and negotiation of the Development Agreement, and related agreements, not to exceed reasonable amounts, as mutually agreed upon by the Parties (which counsel shall be selected and approved by the City Attorney). The City Attorney has hired Stacy H. Krumin, of Squire Patton Boggs (US) LLP, to assist with the expedited drafting of the Development Agreement. As indicated above, and in the Development Agreement, 8701 shall be responsible for the reasonable expense of outside counsel. The City complied with all notice 1 63.3225, Florida Statutes. Recommendation: requirements of Section 118-4 and Section 141 Development Agreement with 8701 Collins Avenue LLC, First Reading - Public Hearing October 29,2014 Page Sof S Approval of the resolution and associated Chapter 163 Development Agreement, after first reading/public hearing, and schedule second reading/final public hearing. 142 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING, FOLLOWING FIRST READING/PUBLIC HEARING OF A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION 118.4 OF THE CITY CODE, AND SECTIONS 1633220 _ 163.3243, FLORIDA STATUTES, BETWEEN THE CITY AND 8701 COLLINS DEVELOPMENT, LLC (,,8701"), WHTCH DEVELOPMENT AGREEMENT, IN PERTINENT PART, (1) MEMORIALIZES THE CONDITIONS FOR VACATING THE CITY'S RIGHT OF WAY AT 87TH TERRACE EAST OF COLLINS AVENUE ("CITY PARCEL"); (21 GRANTS TO THE CITY A PERPETUAL PEDESTRIAN ACCESS EASEMENT ACROSS A PORTION OF THE VACATED CITY PARCEL; (3) ENSURES THE PAYMENT TERMS FOR 8701'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF $10.5 MILLION DOLLARS, TO BE USED BY THE CITY FOR PUBLIC PURPOSES; (4) PROVIDES FOR THE TERMS AND CONDITIONS UNDER WHICH 8701 WILL DESIGN, DEVELOP AND CONSTRUCT CERTAIN IMPROVEMENTS TO THE CITY'S RIGHT-OF. WAY AT 87TH STREET AND GOLLINS AVENUE, INCLUDING WITHOUT LIMITATION, THE TERMS OF A MANAGEMENT AGREEMENT BETWEEN THE CITY AND 8701; AND (5) DELINEATES THE CONDITIONS FOR THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF THE PROJECT LOCATED AT 8701 COLLINS AVENUE AS A HOTEL AND/OR RESIDENTIAL CONDOMINIUM SITE; AND FURTHER SETTING THE SECOND AND FINAL READING OF THE DEVELOPMENT AGREEMENT FOR A TIME CERTAIN. WHEREAS, on September 17th,2014, after second reading public hearing, the City Commission approved Resolution No. 201 4-28754, attached and incorporated as Exhibit "A" hereto and also referred to as the "Vacation Resolution", approving, with conditions, the vacation of a 50 foot wide right-of-way, running from Collins Avenue, east 360 feet to Tract "A", currently known as 87th Terrace (hereinafter "City Parcel"), in favor of 8701 Collins Development, LLC ('8701"); and WHEREAS, 8701 owns the Dezerland Hotel, located at 8701 Collins Avenue (hereinafter the "Property"), which is located to the south of and adjacent to the City Parcel, and intends to redevelop the Property, together with the parking lot located on the north half of the Property and portions of the City Parcel, into a hotel, condo-hotel, and/or residential condominium (hereinafter the "Project"); and WHEREAS, in contemplation of this Project, 8701 will be seeking to enter into a development agreement with the City pursuant to Sections 163.3220 - 163.3243, Florida Statutes ("Development Agreement") to memorialize the terms and conditions of 143 the Project, including the vacation of the City Parcel, and any other conditions imposed by the City Commission; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, and Section 118-4 of the City's Code require two public hearings on the Development Agreement; and WHEREAS, the Development Agreement shall provide, amongst other things, the following terms and conditions: a. 8701 has offered a voluntary public contribution (hereinafter the "Voluntary Contribution") of $10.5 Million to the City in connection with the vacation of the City Parcel, with such funds to be payable in accordance and subject to the terms of the Development Agreement (which incorporates the terms of the Vacation Resolution). All funds shall be allocated to public projects in North Beach, as shall be determined by the City Commission, in its sole and reasonable d iscretion; b. 8701 shall develop and construct the Project consistent with the RM-2 zoning regulations and the terms of the Development Agreement; c. No laterthan ten (10) business days following the City Commission's final approval of the Development Agreement, 8701 shall transfer to the City a perpetual public pedestrian access easement over a portion of the City Parcel, subject to the review and approval of City staff, not to be unreasonably withheld, in order to provide beach access to the public (the "City Easement"); d. The City Easement shall be improved as part of the Project and shall be open to the public and no later than the date a TCO or CO (whichever comes first) is issued for the Project. 8701 shall be solely responsible for all costs and work associated with the improvement (including, without limitation, the planning, permitting or construction) of the vacated City Parcel, as part of the Project including, but not limited to resurfacing, drainage, landscaping, hardscaping, sidewalks, irrigation, signage, beach access signage, lighting, design and construction of the City Easement; e. 8701 shall be responsible for the safety, security and maintenance of the City Easement; f. 8701 will enter into a Management Agreement for the 87th Street City right- of-way, allowing 8701 to develop, maintain, pave, drain, light, landscape and install street furniture along this right-of-way in order to open the road to pedestrian traffic; g. Except as to involuntary transfers (as shall be defined in the Development Agreement and which will include, without limitation, foreclosure transfers and transfers in lieu of foreclosure), 8701 shall not be entitled to assign or transfer its 144 rights under the Development Agreement until after the earlier of (i) issuance of a Certificate of Occupancy ("CO") for the Project, or (ii) the payment of all of the Voluntary Contribution. Any such transferee shall assume all remaining obligations of 8701 under the Development Agreement including, without limitation, (i) 8701's obligation to grant and improve the City Easement and (ii) to improve the 87th Street right-of-way; provided, however, that as to subsection (ii) the City may, at its sole discretion, elect not to proceed with, or terminate (as the case may be) the Management Agreement for the 87th Street right-of-way. h. 8701 agrees to reimburse the City for any attorney's fees incurred by the City for outside counsel's review and negotiation of the Development Agreement, and related agreements, not to exceed reasonable amounts, as mutually agreed upon by the Parties (which counsel shall be selected and approved by the City Attorney). WHEREAS, the City and 8701 have negotiated the attached Development 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, following first reading/public hearing of a Development Agreement as authorized under Section 118-4 of the City Code, and Sections 163.3220 - 163.3243, Florida Statutes, between the City and 8701 Collins Development, LLC ("8701"), which Development Agreement, in pertinent part: (1) memorializes the conditions for vacating the City's right of way at 87rH Terrace east of Collins Avenue ("City Parcel"); (2) grants to the City a perpetual pedestrian access easement across a portion of the vacated City Parcel; (3) ensures the payment terms for 8701's payment of a Voluntary Monetary Contribution, in the amount of $10.5 million dollars, to be used by the City for public purposes; (4) provides for the terms and conditions under which 8701 will design, develop and construct certain improvements to the City's right-of-way at 87rH Street and Collins Avenue, including without limitation, the termsof a management agreement between the City and 8701; and (5) delineates the conditions for the design, development and construction of the project located at 8701 Collins Avenue as a hotel and/or residential condominium site; and further setting the second and final reading of the Development Agreement for a time certain. PASSED and ADOPTED this day of October, 2014. ATTEST: Philip Levine, Mayor APPROVED AS TC) FORM & LANGUAGE & FOR EXECUTIONFOR EXECUTIONg! , ,,t,lt+ Atiorney ,ffi> Dole Rafael E. Granado, City Clerk 145 € MIAMIBEACH City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov MEMORANDUM ro: Mayor And City Commission FRoM: Jimmy L. Morales, Gity Manager October 29,2014 suBJECr: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, ACCEPTING THE SEPTEMBER 24,2014 UNANIMOUS RECOMMENDATION OF THE FINANCE AND GITYWIDE PROJECTS COMMITTEE TO DEDIGATE THE $10.5 MILLION DOLLAR VOLUNTARY CONTRIBUTION BY 8701 COLLTNS DEVELOPMENT, LLC (8701), AS CONTEMPLATED UNDER RESOLUTION NO. 2014.28743, TOWARD THE AREA OF NORTH BEACH, NORTH OF 69TH STREET; AND TO UTlLlzE 50 PERCENT (50%) OF THE 10.5 MILLION TOWARD THE REVITALIZATION OF NORTH BEAGH OPEN SPACE PARK, INCLUDING CREATING AN ENDOWMENT ACCOUNT TO ENSURE THE FUTURE RENEWAL, REPLACEMENT AND MAINTENANCE OF THE PARK. This item was opened and continued from the October 22, 2014 City Commission meeting. The City of Miami Beach holds a right-of-way (ROW) dedication to a 50 foot wide road, running East of Collins Avenue, known as 87th Terrace. On Septmeber 17,2014, the City approved, after public hearing, Resolution No. 2014-28743, which authorized the vacation of that certain City right-of-way currently known as 87th Terrace east of Collins Avenue (hereinafter "City Right-of-Way") in favor of 8701 Collins Development, LLC (S701). As part of Resolution 2014-28743, 8701 agreed to a term sheet, which shall be turned into a Development Agreement with the City, which would provide the City with a 10.5 million dollar voluntary contribution. On September 24, 2014, the Finance and Citywide Projects Committee discussed the appropriate public use for the $10.5 million dollar voluntary contribution. The Committee believed it to be in the best interest of the City to utilize the funds in North Beach, for projects that would benefit the community in that area. After a lengthy discussion, the Committee unanimously recommended that the entire $10.5 million dollar voluntary contribution be utilized in North Beach, north of 69 Street. The Committee further recommended that half of the voluntary contribution be utilized to repair and renovate the North Beach Open Space Park; with a portion of those funds to be set aside as an endowment fund to ensure that the capital costs associated with the future "renewal and replacement" maintenance needs of the Park are maintained without causing an increase in the millage rate to support the Park. Recommendation: lt is the recommendation of the Administration for the Mayor and City Commission to adopt the recommendation of the Finance and Citywide Projects Committee. Asenda tte* Elll) 9a1s lo'e?-l(/146 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE SEPTEMBER24, 20'14 UNANIMOUS RECOMMENDATION OF THE FINANCE AND GITYWIDE PROJECTS COMMITTEE TO DEDICATE THE $10.5 MILLION DOLLAR VOLUNTARY GONTRIBUTION BY 8701 COLLINS DEVELOPMENT, LLC (8701), AS CONTEMPLATED UNDER RESOLUTION NO. 2014.28743, TOWARD THE AREA OF NORTH BEACH, NORTH OF 69TH STREET; AND TO UTILIZE 50 PERCENT (50%) oF THE 10.5 MTLLTON TOWARD THE REVTTALIZATION OF NORTH BEACH OPEN SPACE PARK, INCLUDING CREATING AN ENDOWMENT ACCOUNT TO ENSURE THE FUTURE RENEWAL, REPLACEMENT AND MAINTENANCE OF THE PARK. WHEREAS, the City approved, after public hearing, Resolution No. 2014-28743, which authorized the vacation of that certain City right-of-way currently known as 87th Terrace east of Collins Avenue (hereinafter "City Right-of-Way") in favor of 8701 Collins Development, LLC (8701); and WHEREAS, as part of Resolution 2014-28743, 8701 agreed to a term sheet, which shall be turned into a Development Agreement with the City, which would provide the City with a 10.5 million dollar voluntary contribution; and WHEREAS, on September 24, 2014, the Finance and Citywide Projects Committee discussed the appropriate public use for the $10.5 million dollar voluntary contribution; and WHEREAS, the Committee believed it to be in the best interest of the City to utilize the funds in North Beach, for projects that would benefit the community in that area; and WHEREAS, after a lengthy discussion, the Committee unanimously recommended that the entire $10.5 million dollar voluntary contribution be utilized in North Beach, north of 69 Street; and WHEREAS, the Committee further recommended that half of the voluntary contribution be utilized to repair and renovate the North Beach Open Space Park; with a portion of those funds to be set aside as an endowment fund to ensure that the capital costs associated with the future "renewal and replacement" maintenance needs of the Park are maintained without causing an increase in the millage rate to support the Park; and WHEREAS, the Mayor and City Commission desire to adopt the recommendation of the Finance and Citywide Projects Committee. 147 NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to accept the September 24,2014 unanimous recommendation of the Finance and Citywide Projects Committee to dedicate the $10.5 million dollar voluntary contribution by 8701 Collins Development, LLC (8701), as contemplated under Resolution No. 2014-28743, toward the area of North Beach, north of 69th Street; and to utilize 50 percent (50%) of the 10.5 million toward the revitalization of North Beach Open Space Park, including creating an endowment account to ensure the future renewal, replacement and maintenance of the park. PASSED and ADOPTED this day of September,2014. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION \06,,\- ,tb'z-t% /- eitvAttornev l/ Dote Hdt U 148 THIS PAGE INTENTIONALLY LEFT BLANK 149 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Change Order To David Mancini & Sons, lnc., For Additional Engineering Services, Drainage Structure Modification, Drainage Pipe, Storm Water Pump Station, Pollution Control Structure, Milling And Repaving And Water Main Replacement For The Biscayne Point Neighborhood Right-OtWay lmprovements Project, As Part Of A Flood Mitiqation On Crespi Boulevard. For A Total Construction Cost Of $3.550.876. Ensure value and of qualitv Caoital Su Data (Survevs. Environmental Scan. etc.): N/A ln preparation for the October 9'" King Tides (an especially high tide event that occurs twice a year, when there is alignment of the gravitational pull between sun and moon), Public Works staff conducted a field inspection throughout the areas that are known to be affected during this event. lnitial flooding was observed on Crespi Boulevard, from 80th to 84th Streets. To alleviate the flooding, staff utilized water pumps and installed temporary plugs; however, a more permanent solution is required. CURRENT STATUS The Biscayne Point Neighborhood Right of Way lmprovement Project is currently in the process of being closed out. One of the intents of the project was to correct the storm water drainage within the neighborhood, but after further assessment, additional improvements need to be made, including drainage on Crespi Boulevard, from 79th Street to 84th Streets, and a water main replacement, from BOm to 85th Streets. The Public Works staff has requested an additional scope of work from David Mancini & Sons, lnc. (DMSI) that would include: the replacement of a water main in Crespi Boulevard, the installation of a new storm water collection system in Crespi Boulevard and construction of a pump station at the 81"1 Street End. The proposed pump station would be designed to fit the City's criteria and would include a pollution control system and outfall that meets permit requirements. At the completion of this underground work on Crespi Boulevard, the road sections impacted by this work would be milled and a new asphalt would be overlaid. The storm water pump system would be functionally complete by April2015, just in time to address the expected flooding during the Spring High Tides. COST ANALYSIS DMSI has submitted a cost proposal in the approximate amount of $3,000,000 (Attachment) for drainage and $536,376 lor water mains. The City's Public Works Department has reviewed the proposal and deems the amounts to be reasonable. During review there were deficiencies noted that would make the work inconsistent with the latest drainage criteria. We have discussed the deficiencies with DMSI and increased the contract for a total of $3,550,876, which includes a 10o/o contingency. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Board Recommendation: Financial lnformation: Source of Funds: Amount Account 1 2 OBPI I Total Financial lmpact Summary: T:\AGENDA\2014\October\October 2g\PUBLIC WORKS\Crespi Change Order No 1 . Summary.docx Agenda ttem R) E Date /0-&9-/?& AAIAMIBFACH 150 E MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members the City Jimmy L. Morales, City Manager October 29,2014 A RESOLUTION APPROVING ANBI AUTHORIZING THE MAYOR AND CIry CLERK TO EXECUTE A CHANGE ORDER TO DAVID MANCINI & SONS, INC., FOR ADDITIONAL ENGINEERING SERVICES, DRAINAGE STRUCTURE MODIFICATION, DRAINAGE PIPE, STORM WATER PUMP STATION, POLLUTION CONTROL STRUCTURE, MILLING AND REPAVING AND WATER MAIN REPLACEMENT FOR THE BISCAYNE POINT NEIGHBORHOOD RIGHT.OF.WAY IMPROVEMENTS PROJEGT, AS PART OF A FLOOD MITIGATION PROJECT ON CRESP! BOULEVARD, FOR A TOTAL CONSTRUCTION COST OF $3,550,876. ADM!NISTRATION RECOMMEN DATION The Administration recommends adopting the Resolution FUNDTNG BACKGROUND ln preparation for the October gth King Tides (an especially high tide event that occurs twice a year, when there is alignment of the gravitational pull between sun and moon), Public Works staff conducted a field inspection throughout the areas that are known to be affected during this event. lnitial flooding was observed on Crespi Boulevard, from 80th to 84th Streets. To alleviate the flooding, staff utilized water pumps and installed temporary plugs; however, a more permanent solution is required. CURRENT STATUS The Biscayne Point Neighborhood Right of Way lmprovement Project is currently in the process of being closed out. One of the intents of the project was to correct the storm water drainage within the neighborhood, but after further assessment, additional improvements need to be made, including drainage on Crespi Boulevard, from 79th Street to 84th Streets, and a water main replacement, from 80th to 85th Streets. FROM: DATE: SUBJECT: 151 Com mission Memorandu m -Crespi Boulevard Neig hborhood I mprovements Page 2 of 2 The Public Works staff has requested an additional scope of work from David Mancini & Sons, lnc. (DMSI) that would include: the replacement of a water main in Crespi Boulevard, the installation of a new storm water collection system in Crespi Boulevard and construction of a pump station at the 81't Street End. The proposed pump station would be designed to fit the City's criteria and would include a pollution control system and outfall that meets permit requirements. At the completion of this underground work on Crespi Boulevard, the road sections impacted by this work would be milled and a new asphalt would be overlaid. The storm water pump system would be functionally complete by April 2015, just in time to address the expected flooding during the Spring High Tides. COST ANALYSIS DMSI has submitted a cost proposal in the approximate amount of $3,000,000 (Attachment) for drainage and $536,376 for water mains. The City's Public Works Department has reviewed the proposal and deems the amounts to be reasonable. During review there were deficiencies noted that would make the work inconsistent with the latest drainage criteria. We have discussed the deficiencies with DMSI and increased the contract for a total of $3,550,876, which includes a 10o/o contingency. CONCLUSION The Administration recommends adopting the Resolution Attachment - DMSI cost proposal 'n fil'fr JLM/MT/UC/BAM/FRS T:\AGENDA\20 1 4\October\October 29\PUBLIC WORKS\Crespi Change Order No 1 . Memo.doc 152 DAVII) MAN(-INI N. StrNs.l\t . 5 BO 600 700 30 I T 1 L 3000 2700 600 1LS 1LS 1LS 1LS 1LS 20 EA EA EA LS LS SF SF LfF EA LF LF LF General Conditions Mob/Demob/Stagging Engineering Design Permitting Const. Eng. Inspection Man-Hole/lnlets Pollution Control Structure/Weir 1B" Drainage Pipe 24" Drainage Pipe 30" Drainage Pipe 48" Drainage Pipe Centrifugal Storm Treatment Duplex Pump Station Outfall upsize 24"-48 MOT Crosswalk Restoration Sidewalk Restoration Concrete Curb $ 145,000.00 $ 32,000.00 $ 105,000.00 $ 14,800.00 $ 120,000.00 $ 8,200.00 $ 24,000.00 $ 240.00 $ 260.00 $ 320.00 $ 380.00 $ 67,000.00 $ L,545,000.00 $ 165,000.00 $ 26,500.00 $ 20.00 $ 10.00 $ 21.00 $ 145,000.00 $ 32,000.00 $ 105,000.00 $ 14,800.00 $ 120,000.00 $ 164,000.00 $ 120,000.00 $ 19,200.00 $ 156,000.00 $ 224,000.00 $ 11,400.00 $ 67,000.00 $ 1,545,000.00 $ 165,000.00 $ 26,500.00 $ 60,000.00 $ 27,000.00 $ 12,600.00 $ 3,0L4,500.00 1939 NW 40d' Ct. Pompano Beach, FL 330&1 Ph: 95497 7 -3556 F ax: 954-977 -2M0 Water Main Replacement B5th Street -B0th Street $ 536,376.00 Excludes: Permitfees, offduty police, nightwork, Public lnformation 536,376.00 Total $3,550,876.00 1210 Washington Ave. #250 Miami Beach, FL 33139 Ph: 305-532-8827 Fax: 305-532-8835 153 RESOLUTION TO BE SUBMITTED 154 THIS PAGE INTENTIONALLY LEFT BLANK 155 Clerk's Office Summary.docx COMMISSION ITEM SUMMARY Harbour Pump Stations lmprovements Change rcm R7F 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 CHANGE ORDER NO. 2 TO LANZO CONSTRUCTION CO., FOR ADDITIONAL ENGINEERING SERVICES, DRAINAGE STRUCTURE MODIFICATION, DRAINAGE PIPE, AND WATER MAIN REPLACEMENT FOR THE SUNSET HARBOUR PUMP STATTONS RETROFIT AND DRAINAGE IMPROVEMENTS PROJECT, TO REPLACE FAILING WATER SUPPLY DTSTRIBUTION AND IMPROVE DRAINAGE ON WEST AVENUE AND BAY ROAD IN SUNSET HARBOUR, AND EMERGENCY LINING OF SEWER FORGE MAINS ON SUNSET ISLANDS, FOR A TOTAL CONSTRUCTION COST OF 718, PLUS CONTINGENCY- Ensure value and delive of Data s, Environmenta! Scan, etc.): N/A Item Summary/Recom mendation: ln preparation for the October 9'n King Tides (an especially high tide event that occurs twice a year, when there is alignment of the gravitational pull between sun and moon), Public Works staff conducted a field inspection throughout the areas that are known to be affected during these events. lnitial flooding was observed at Sunset Harbour, West Avenue and Bay Road. To alleviate the flooding, staff utilized pumps and installed temporary plugs; however, a more permanent solution is required. Previous change orders processed by the City are addressing drainage concerns on 18th and 20th Streets and the proposed work will complete the drainage system at Sunset Harbour. However, the water distribution system at Sunset Harbour is approximately 80 years old and in need of replacement. An upgrade is being proposed to complete the water system at the same time the drainage system is scheduled to be installed. The cost proposed will achieve this water system upgrade to also include an Automated Meter Reading System consistent with all new water projects in the City. The completion of the sanitary sewer system lining would be performed under a separate project. Additional areas of concern were referenced at the October 14, 2014, Mayor's Blue Ribbon Panel on Flood Mitigation Committee meeting, while reviewing the effects of the October 9tn King Tides. As a result, an additional scope of work is being proposed to Lanzo, which will include the following: 1. Water main for sunset harbor neighborhood2. Drainage for Sunset Harbour neighborhood 3. 20'n Street water main replacement (credit)4. lBth Street drainage (CrediQ COST ANALYSIS Lanzo Construction Co. has submitted a cost proposal in the amount of $4,532,200.00 (Attachment) for services stated above. Additionally, Lanzo has submitted a cost proposal in the amount of $558,518.00 to rehabilitate an eight (8") sewer force main in the Sunset lslands that has experienced multiple failures in the past couple of months causing interruption of service. The City's Public Works Department has reviewed the proposal and the cost breakdowns and deems the cost to be fair and reasonable. We are also recommending a project contingency of $500,000 which is approximately 10%. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Financial lnformation : Source of Funds: Amount Account ,l 2 OBPI I Total Financial !mpact Summary: Eric T.ext.6012 Agenda M MIAMIBFACH Date lo'Aq-/c/ - 156 h:MIAMIBEACH City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov COMM SION MEMORANDUM TO:Mayor Philip Levine and Members the Ci Commission FROM: Jimmy L. Morales, City Manager DATE: October 29,2014 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 CHANGE ORDER NO. 2 TO LANZO CONSTRUCTION CO., FOR ADDITIONAL ENGINEERING SERVICES, DRAINAGE STRUCTURE MODIFICATION, DRAINAGE PIPE, AND WATER MAIN REPLACEMENT FOR THE SUNSET HARBOUR PUMP STATIONS RETROFIT AND DRAINAGE IMPROVEMENTS PROJECT, TO REPLACE FAILING WATER SUPPLY DISTRIBUTION AND IMPROVE DRAINAGE ON WEST AVENUE AND BAY ROAD IN SUNSET HARBOUR, AND EMERGENCY LINING OF SEWER FORCE MAINS ON SUNSET ISLANDS, FOR A TOTAL CONSTRUCTION COST OF $5,090,718, PLUS $5OO,OOO CONTINGENCY. ADMINISTRATION RECOMMEN DATION The Administration recommends adopting the Resolution FUNDING BACKGROUND At its May 8th, 2014 meeting, pursuant to lnvitation to Bid (lTB) 060-2O13TC for the Sunset Harbour Pump Station Retrofit and Drainage lmprovements Project (Project), the City Commission awarded a contract to Lanzo Construction Co. (Lanzo). The project's scope of work included drainage improvements within the Sunset Harbour Neighborhood, consisting of new retrofit pumps, connections for direct discharge to Biscayne Bay, control panel modifications at Pump Stations No. 1 and No. 2, and the complete reconstruction of Pump Station No. 3, including associated drainage pipes. At its September 30,2014 meeting, the City Commission approved a Resolution pertaining to the Project, accepting the findings and recommendation of the City Manager in declaring an emergency pursuant to Subsection 287.055(9xc)(6), Florida Statutes; and, as permitted pursuant to Section 2-367(e) of the City Code, waiving, by 5/7th vote, the competitive bidding requirements, finding such waiver to be in the best interest of the City; and authorizing the City Manager to take the following actions to procure the necessary emergency design and construction services for the project, pursuant to a negotiated design-build contract for the amount negotiated as part of the settlement, the existing contract shall not exceed 157 Commission Memorandum -Sunsef Harbour Pump Stations lmprovements Page 2 of 2 $6,836,940.74 which included the $2,586,940.74 construction award value of the current Lanzo construction contract and the proposed design/build amount of $4,250,000. The Contractor is currently finalizing drainage installation within 20th Street and is closing out punch list items. The Contractor is also moving forward with the Stormwater improvements for the 18th Street area, which will address most of the remaining deficiencies in this neighborhood. CURRENT STATUS ln preparation for the October 9th King Tides (an especially high tide event that occurs twice a year, when there is alignment of the gravitational pull between sun and moon), Public Works staff conducted a field inspection throughout the areas that are known to be affected during these events. lnitial flooding was observed at Sunset Harbour, West Avenue and Bay Road. To alleviate the flooding, staff utilized pumps and installed temporary plugs; however, a more permanent solution is required. Previous change orders processed by the City are addressing drainage concerns on 18th and 20th Streets and the proposed work will complete the drainige sysiem at Sunset Harbour. However, the water distribution system at Sunset Harbour is approximately 80 years old and in need of replacement. An upgrade is being proposed to complete the water system at the same time the drainage system is scheduled to be installed. The cost proposed will achieve this water system upgrade to also include an Automated Meter Reading System consistent with all new water projects in the City. The completion of the sanitary sewer system lining would be performed under a separate project. Additional areas of concern were referenced at the October 14, 2014, Mayor's Blue Ribbon Panel on Flood Mitigation Committee meeting, while reviewing the effects of the October 9th King Tides. As a result, an additional scope of work is being proposed to Lanzo, which will include the following: 1. Water main for sunset harbor neighborhood 2, Drainage for Sunset Harbour neighborhood 3. 20th Street water main replacement (credit) 4. 18th Street drainage (Credit) COST ANALYSIS Lanzo Construction Co. has submitted a cost proposal in the amount of $4,532,200.00 (Attachment) for services stated above. Additionally, Lanzo has submitted a cost proposal in the amount of $558,518.00 to rehabilitate an eight (8") sewer force main in the Sunset lslands that has experienced multiple failures in the past couple of months causing interruption of service. The City's Public Works Department has reviewed the proposal and the cost breakdowns and deems the cost to be fair and reasonable. We are also recommending a project contingency of $500,000 which is approximately 10o/o. 158 Commission Memorandum -Sunsef Harbour Pump Sfafions lmprovements Page 3 of 2 CONCLUSION The Administration recommends adopting the Resolution Attachment - Lanzo cost proposals dated October 20,2014 r(t fhA/r JLM/MT/E[Q/BAM/FRS T:\AGENDA\2014\October\October 29\PUBLIC WORKS\Sunset Harbour Pump Stations lmprovements Change Order No 2. Memo.doc 159 LANZcJ COffiINUGNil GOMPAI{Y 0€,f[fr0affi0,,bt,8Dtfitutraffiilb'0lrn,BM Octnber 20,2014 BruceMowry, Ph. D,, P.E, City Engineer City of Miami Beach, Florida Public Works De,parment - Enginoering Division 1700 Convention Center Drive Miami Beach, FL 33139 Reference:Sunset Harbour Pump Station Retrofit - ITB No. 60-2013TC Sunset Harbour Re-Design Proposal Design and Constnrction of Sunset Drainage Improvement Change Summary Entire Sunset Harbour Drainage and Water Main Installation Dear Bruce, Please find below and as attached a srunmary of the proposals you have requested for additional improvements to Sunset Harbour. Item 1 2 3 4 Activiry Water Main for Sunset Harbour Neighborhood Drainage for Sunset Harbour Neighborhood 20th Street Water Main Replacement (Credit) 18th Street Drainage (Credit) Total Total $ 4,074,876.00 s 2,240,924,00 S-1,119,344.00 S - oo+,zso.oo $ 4532,200.00 We have included all of the separate proposals, applicable scopes, drawings and quantity take-offs. I am available to meet with you to answer any further questions you may have. James Tilli I-anzo Constrrction Company Attachment(s) CC: LCC/File 125 SE 5m CourtDeerEeldBeachFL 33441-4749 Phone (954) 979-OEO2 wwwlianzo.net Sincerely, Fa"x (954) 979-9897 160 &lr,i,,e.frruhffir',0ffi, tu&mtorteii'[,talrb October 20,2014 BruceMowry, Ph. D, P.E. City Engineer City of Miami Beach, Florida Public Works Department - F'nginseriag Division 1700 Convention Ce,nter Drive Miami Beach, FL 33139 Reference:Sunset Harbour Pump Station Retofit - ITB No. 60-2013TC Sunset Harbour Re-Design Proposal Remove and Replace rffater Maiu in Sunset Harbour Dear Bruce, Lanzo Constnrction Co., FL., proposes to desip., permit and construct tle water main replacement, in Sunset Ha$our. The scope of work is as agreed upon by the City and Lanzo, and is reflected in the attached drawing and unit breakdown sheet. All work per City Standard Details and as summarized below. L Install 20'DIP from Alton Road to Purdy Avenue along 20e Strea and tie into Existing Mains. 2. Install 20'DIP from 20s Street to Dade Blvd along Purdy Ave and tie into Existing Mains. 3. Install 12" DIP from 20t Street to Dade Blvd along N. Bay Rd and tie into Existini Mains. 4. Install 12' DIP from 20m Street to Dade Blvd along West Ave and tie into Existing Mains. 5. Install 12" DIP from Alton Rd to Purdy Ave along lEft Street and tie into Existing Mains. 6. Remove all trees. 7. Maiutenance of Traffic and Allowance for Police. 8. Remove and Replace All Unzuitable Material per Crty Shndards. 9. Rernove all Abandoned DI Water Main, Replaced by the New DI Water Main. 10. Reconnect All Services ias[uding New Boxes and Digital Metexs (2" Meters, 90 each). The Desip and Constnrction duration is (335) days from NTP. Total Lump Sum Price S4,074,876.00 Lanzo Construction Company Attachment(s) CC: LCCffile 125 SE5u CourtDeerfieldBeachFL 3344L4749 Phone(954) 979-0802 Fax(95a) 9'19-9897 www.lanzo.net 161 162 trilILANZO[- lffi 0ctrgloo M. hfutr,llm tfu bEd',iltrlflr,,f,,dlb October 20,2014 Bruce Mowry, Ph. D, P.E. City of Miami Beach, Florida Public Works Departnent - Fnginsering Division 1700 Convention Center Drive Miami Beach, FL 33139 Refereirce:Sunset HarbourPump Station Retrofit -ITB No. 60-20l3TC Sunset Harbour Re-Desigrr Proposal Design and Lrstallation of Sunset Harbour Drainage Dear Bruce, Lanzo Constnrction Co., FL., proposes to design, perurit and construct the drainage, on 18ft Street, West Avenue, N. Bay Rd, & Purdy Avenue. Please note that the hydraulics of the attached drainage design is based on the gravity outfalls on Dade Blvd rernaining in service. The scope of work is as agreed upou by the City and Lanzo, and is reflected in the attaohed drawing and unit breatdown sheet. All work per City Standard Details and as suomarized below. 1. Install New 42" RCP, 36", 30",24" & 18" A2000 Drainage Pipe & Tie-In to Existing. 2. hstall (4) 84" x 84" Junction Boxes. 3. Install (4) 84- x 84" Large Junction Boxes. 4. Install (15) 48" Round Catch Basin. 5. Instsll (12) 60" Round Catch Basin. 6. Replace Damaged Curbing and Sidewalk with Gray Concrete Hardscape 7, Patch Pave Damaged Asphalt, 8. Remove and Replace all Unzuitable Material per Ctty Standards. 9. Maintenance of Traffic and Allowance for Police. The Design and Construction duration is (255) days from NTP. TotalLump S+m Price $2,2/;0,9U.00 James Tilli Lanzo Construction Company Attachment(s) CC: LCClFile 125 SE 5m Court Deerfield Beach FL 334414749 Phone (954) 979-08A2 Fax (95a) 9't9-9897 www.lanzo.net 163 164 LANZO COI{SIRUCTI OT GOM PAI{Y 0eqfrU sslrffi bfrrdltcfrm lr*tlblts fufrntum,rtq;mzwnk October 17,2014 City of Miami Beach Mike Alvarea CGC, PWLF Public Works Department mikealvarez@miamibeachfl.gov 1700 Convention Center Drive 3054734620 Miami Beach, FL 33139 F786-39+4698 Sunset Island Quote Request, From PSl3, (Excludes Subaqueous Crossing) to W 25 St. Emergency 8" Force Main Repair utilizing CIPP (Option 2) Plan Date Sewer Atlas 9/3/14 File Path U:\CMB Sanitary Force Main Network.mxd / Email Attached datd9/5114 from Hasan Riani Lanzn Estimate Number U-l441- Revised 10-I7-2014 Ancillary Products and Services Providedo Cleaning he & Post CCTV Inspection and Pipe Logs - Includedo End Seals at all pipe tenninations, hansitions and Tee Junctions - Includedo Testing of Liner Shots By Hydrostatic Head During Inversion - lncluded 125 SE 5n Court Deeffiets Beach FL 9U414749 Phone (954)979{8V2 Fax(954)9799897 Proposal Lanzo is to offer the I Mobilization, [nsurance & General Conditions I LS $65,000 $65"000 2 Prep Work for Lining Operation I LS $68,?00 $68J00 3 Cured ln Place Line of Existing 8" FM (905) LF I LS $346.818 $346,8t8 4 Restoration and Reconnection of Lined Main l t-s $78,500 $78,500 Total s558.5t8 Page 1 of3 www.lanzo.net 165 10t172014 o Third Party Testing of Liner Pipe Samples to validate Fully Deteriorated Design basis - lncluded o Slate of Florida P.E. sealed calculations for liner- Included. Asphalt disturbed by our work will be rcpaired in kind - Included . Sod disturbed by oru work will be repaired in kind - Included o Upon completion of work the existing easements will be graded and sodded - Includedo Erosion control items included - Included We hereby propose to furnish materials. equipment and labor in accordance with the plans referenced above as follows: Cleaning, CCTV Pre & Post Video inspections, CIPP Lining per ASTM F 1216, 100 psi Proof Testing, Third Party Testing of materials & Warranty. Qualifications and Exclusions o Insurance shall be fumished naming the City of Miami Beach as "additionally insured"o Testing to 100 psi perAWWA specifications o A Five (5) Year waranty on all materials and workmanship for the CIPP portion and one (l) year for all other work shall be made part of this ageement o We will require rrccess to a suitable water source as needed o This proposal is submitted, based on the incomplete plans provided, and is subject to change upon receipt and reviewof final plans o This proposal may be withdrawn ifnot accepted within 2l dap o Final Payment will be made based on the actual units installed in accordance with the unit prices contained herein o All invoices submitted by the 25th are due and payable within 30 dayso Exclusions noted shall supersede the notes in the plans dated as noted aboveo Payment and Performance Bonds are excluded but can be provided at an additional cost of2%o o Owner to furnish temporary easement for installation 5' beyond the noted l0' wide easememts o Excludes replacing home owner improvement such landscaping and hardscaping like walkways, fence and walls which have encroached upon the 10' or the 5' temporary easement that will be removed and disposed of as a part of this worko This proposal is submitted, based on plans and correspondence as noted above.o Any other items that are not shown above should not be considered. 125 SE 5n Court Deerfeld Beach FL 3U414749 Phone (934) 979-0802 Fax (954) 979-9897 Page 2 of 3 www.lanzo.net 166 10t1712014 o o o o o Acceptance of Proposal The above prices, specification and conditions are satisfactory and are herby accepted. you are authorized to do work as specified. By: 125 SE 5H Coutt Deerfield Beach FL 3Y41474g Phone (954) 979{802 Fax (9S4) 97$,9897 No posted bridge weight restrictions are available and this proposal assumes none that will hinder our operations Permits, engineering layout, certified as-builts, utility adjustments and density testing are excluded from this proposal. Proposal excludes temporary drainage of any kind. Police Officer (If needed) not included Unsuitable material remor.al and replacement is excluded Bypass operations tbr (10) days with Vac Trucks, by others Subaqueous portion excluded Respectfu lly Submitted. Page 3 of3 www.lanzo.net 167 RESOLUTION TO BE SUBMITTED 168 THIS PAGE INTENTIONALLY LEFT BLANK 169 CURRENT STATUS ln preparation for the October gth King Tides (an especially high tide event that occurs twice a year, when there is alignment of the gravitational pull between sun and moon), Public Works staff conducted a field inspection throughout the areas that are known to be affected during this event. lnitial flooding was observed on West Avenue between 6th and 8th Streets. To alleviate the flooding, staff utilizel water pumps and installed temporary plugs; however, a more permanent solution is required. Currently, there is a pump station under construction on 6th Street. Public Works staff is recommending the installation of a new 48-inch drain pipe from 6th to 8th Streets, where an existing 48-inch gravit! outfall is located. Staff is also requesting additional capacity in the drainage system on 10'n and 14tn Streets, which would be installed by the City and FDOT. Considering that the streets mentioned above will already be undergoing construction, the Public Works Department would like to incorporate work that was projected to be addressed in a future neighborhood improvement in order to minimize public disruption. This would consist of street reconstruction along 1oth, 14th, and lTthStreets, and WestAvenue between 6th and 8th Streets. Work includes undergrounl improvements such as: storm, sewer and water; and above-ground improvements such as: sidewalks, curbs, streets and lighting. Staff is also recommending an additional pump station on 17th Street and Alton Road, where an old gravity drainage system is located, to properly manage stormwater on 17th Street and Lincoln Road. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. COMMISSION ITEM SUMMARY AGENNA ITEM Dh"{E R1 G rc-tq *tq 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 Change Order No. 3 To The Agreement With Bergeron Land Development, lnc., Dated April 30, 2014 (The Agreement), Related To The Completion Of Roadway lmprovements Along West Avenue Between 6tn And 8th Streets And 10th, 14th, And 17th Streets West Of Alton Road With A Stormwater Pump To Be Constructed At 17th Street, Further lncreasino The Cost Of The $15,670.000 Ensure value and of Data (Survevs. EnvironmentalScan. etc.): N/A N/A Eric T., ext.6012 T:\AGENDA\201 4\OctobeAOctober 29\PUBLIC # AAIAAAISIACH 170 g MIAMIBEACH City of Miomi Beoch, 1700 Convention Cenier Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMIS lON MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: October 29,2014 SUBTECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 3 TO THE AGREEMENT WITH BERGERON LAND DEVELOPMENT, tNC., DATED ApRtL 30, 2014 (THE AGREEMENT), RELATED TO THE COMPLETION OF ROADWAY TMPROVEMENTS ALONG WEST AVENUE BETWEEN 6TH AND 8TH STREETS AND IOTH, 14th, AND 17TH STREETS WEST oF ALToN RoAD WITH A SToRMwATER PUMP TO BE GONSTRUCTED AT 17TH STREET, FURTHER INCREASING THE COST OF THE AGREEMENT BY $15,670,000. ADMINISTRATION REGOMM EN DATION The Administration recommends adopting the Resolution FUNDING BACKGROUND At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City Commission, accepting the findings and recommendation of the City Manager in declaring an emergency, pursuant to Subsection 287.055(9XcXO)(a)(1) of the Florida statute, and as permitted, pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths vote, the competitive bidding requirement, and authorizing the City Manager to take the following actions: To procure the necessary emergency design and construction services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for 6th, 1Oth and 14th Streets, with Bergeron Land Development, lnc. (Bergeron), an Florida Department of Transportation (FDOT) contractor for the Alton Road lmprovements Project, in an amount not to exceed $1 1,250,000 At its June 11,2014 meeting, the City Commission approved Resolution No. 2014-28636, authorizing the Mayor and City Clerk to execute Change Order No. 1 to the Bergeron agreement, in the amount of $1 ,000,000, plus a project contingency in the amount of $100,000, for a total cost of $1 ,100,000. The change order also allowed for a seawall construction at 1Oth Street, construction of an outfall, converting a Bay Road pump station to direct discharge to the bay at 14th Street, and the installation of additional check valves at various locations that required protection from tidal flooding. the City mission 171 Commission Memorandum -Bergeron pump stafions lmprovements - Change Order No. 3 Page 2 of 2 At its September 30, 2014 meeting, the City Commission approved Resolution 2014-28768, authorizing the Mayor and City Clerk to execute Change Order No. 2 to the Bergeron agreement, for the completion of roadway improvements along 6th Street and West Avenue between Sth and 6th Streets and a new seawall at 14th Street, further increasing the cost of the agreement by $3,006,544. CURRENT STATUS ln preparation for the October gth King Tides (an especially high tide event that occurs twice a year, when there is alignment of the gravitational pull between sun and moon), Public Works staff conducted a field inspection throughout the areas that are known to be affected during this event. lnitial flooding was observed on West Avenue between 6th and 8th Streets. To alleviate the flooding, staff utilized water pumps and installed temporary plugs; however, a more permanent solution is required. Currently, there is a pump station under construction on 6th Street. Public Works staff is recommending the installation of a new 48-inch drain pipe from 6th to 8th Streets, where an existing 48-inch gravity outfall is located. Staff is also requesting additional capacity in the drainage system on 10'n and 14'n Streets, which would be installed by the City and FDOT. Considering that the streets mentioned above will already be undergoing construction, the Public Works Department would like to incorporate work that was projected to be addressed in a future neighborhood improvement in order to minimize public disruption. This would consist of street reconstruction along 1Oth, 14th, and 17th Streets, and West Avenue between 6th and 8th Streets. Work includes underground improvements such as: storm, sewer and water; and above-ground improvements such as: sidewalks, curbs, streets and lighting. Staff is also recommending an additional pump station on 17th Street and Alton Road, where an old gravity drainage system is located, to properly manage stormwater on 17th Street and Lincoln Road. GOST ANALYSIS Bergeron has submitted a cost proposal in theappriximate amount of $14,920,000 (Attachment) for services stated above. The City's Public Works Department has reviewed the proposal and the cost breakdowns and deems the cost to be fair and reasonable. We are proposing a not to exceed cost of $15,670,000 which includes a 5% contingency. CONCLUSION The Administration recommends adopting the Resolution. Attachment: Bergeron's cost proposal dated 10121114th rl,u JLM/MT/g(C/BAM/FRS T:\AGENDA\2014\October\October 29\PUBLIC WORKS\Bergeron stormwater pump stations Change Order No 3 MEMO.docx 172 / ---) ----s l.':t-)I Bergeron Bid Considerations Bergeron here by submits the price of 514,921,493.2lfor the scope tisted herein and within the DCp. This price is based on: 19612 S.W. 69 Place Fort Lauderdale, F[ 33332 Office Phone (954) 680-51m 10th Street 14th Street 17th Street West Ave(6tn to 8s1 West Ave(17th to Lincoln) Signa I ization Contingency Lighting Contingency L.ano DevelopmENT, Inlc. Construction Cost s1-,7g7,ggo.27 s2,051,204.34 s4,456,949.00 52,476,O49.94 S1,390,919.73 s 765,864.90 S 692,397.46 Fax Numbers Engineerlng (954) 252-8064 Estimatlng (9541 680-0666 LOl2uL4 Savings on 10th from FDOT work S 1:06,123.70 Savings on 14th from FDOT work S 61,309.09 Alternatives Storm only on west Ave.(6th to 8th; 5 390,04g.s3 100% Design on remaining West Ave Neighborhood Design Cost $197,778.@ S225,632.0o s457,969.00 s272,366.00 514G,047.00 S 78,24s.00 s 66,701.00 S2,540,881.00 And these bid considerations are as follows for the CIty of Miaml Beach Roadway lmprovements atong portions West Aue, t0s, tetr, and 17s as shown above. MOT consideratlon is based on temporary roadway closures with detourc. Special Notes and Standard Terms and Conditions are shown in Exhibit A with construction price breakdown Exhibit B shows work areas. Regards,-"fu;r-5 Chad Widup Operations Manager (9s4) 680 - 6100 CWid up@ berseroninc.com 173 Benefit to running the additional 48" down to 8th Street and connecting to 5th Street Pump Station o An area prone to rainfall flooding is the area between 8th and 7t^. By connecting the system to the pump station you can mitigate this flooding. The main goal being to have everything installed and operational before the April Spring Tides. Benefit to ROW to ROW construction while installing the 48" down to 8th & connecting to 5th Pumps . By awarding Bergeron the ROW to ROW roadwork, the public will only be interrupted once. By having Bergeron perform the work you can ensure the most efficient coordination between the Alton Road Project and proposed work. You can also expect a more improved drainage system that can not only help with the tidal flooding but also start addressing the flooding associated with rainfall events. Bergeron will also be able to continue to promote the safety of the pedestrian and local traffic. Benefit to the reconstruction of 10th Street FDOT limits to Biscayne Bay o Minimize impact to residents o Ensure the best possible MOT coordination between the proposed work and Alton Rd by having Bergeron perform. Bergeron will also be able to continue to promote the safety of the pedestrian and local traffic. o Raising the road and upgrading drainage to help further reduce tidal flooding and also fight against rainfall events. Placing new piping greatly improves drainage which resolves the issue of stormwater flooding. Benefit to the reconstruction of 14th Street FDOT limits to Biscayne Bay o Minimize impact to residents o Ensure the best possible MOT coordination between the proposed work and Alton Rd by having Bergeron perform. Bergeron will also be able to continue to promote the safety of the pedestrian and local traffic. o Raising the road and upgrading drainage to help further reduce tidal flooding and also fight against rainfa ll events . By upgrading to a single run of 48" RCP you can ensure a much cleaner efficient flow into your pumps. Currently the Pumps are pulling from cracked, damaged, aged clay pipe. The southern 35" was already granted to FDOT for their use. lf the CMB does not upgrade the northern 36" they also face a reduction in capacity. 174 Benefit to the reconstruction of 17th Street FDOT timits to lntersection of West Ave and Bay Rd along with a new Pump Station. o Minimize impact to residents o Ensure the best possible MOT coordination between the proposed work and Alton Rd by having Bergeron perform. Bergeron will also be able to continue to promote the safety of the pedestrian and local traffic. o Raising the road and upgrading drainage to help further reduce tidal flooding and also fight against rainfall events o The largest driver is perhaps the fact that the 17th area was the only area captured on the news to experience flooding. Currently we have a temporary pump on-site to keep the area dry. To mitigate these temporary measures, reconstruction of the roadway along with a new pump station will be most beneficial to the City. Bergeron will also utilize and coordinate closely with Gannett Fleming who is designing the Bridge for Bay Rd crossing Collins Canal. o Bergeron understands the critical nature of having 17th street pump station up and running before the April Spring Tides, and if awarded by November t,2Ot4 our team is fully confident we can deliver as we did previously on 14th & lOth Street. 175 city of Miami Beach Roadway l0/2llz0l4 BERGERON LAND DEVELOPMENT INC. 19612 S.W.69th ptece FL Lauderdale, FL 33332 Contact Mlke Mflter Phone: 954{tMt00 ext 2lg Fer 954{8(H)666 City ofMiaai Beacb (30s) 673-7080 BnreMovrry r' Jji"..*'-f.,;-t...,j ]tilDEITI{.O,IIII Ouote To: Phoae: Eeri Attn: JobNamc: Date ofPlans: RerrisiolrDate: 21000 22000 230t0 23020 23030 230/i0 23050 26000 270o0 31000 32000 33010 33020 33030 33040 AI\{OUNT 1.50 331 .54 ,. 193.60 377 0.00 -22,304.74 I8.96 723.70 46t.72t.70 3.76 DESCRIPTION llr g66yj66 Iin6 371.16 10!h Sheet - IDOT Deduct 10th Strect Subtotel - FDOT Deduct Pags 1 of4 33050 176 42000 36000 37000 41000 43010 43020 43030 43050 u025 54308 543 15 s5150 55400 55560 55580 55590 s5600 55605 55885 55890 55895 55900 8s000 90000 55750 55800 NOTES: NOTES: 14th Street - FDOT Deduct 14th Street - FDOT Deduct Subtotal West Ave 48" Onlv from 6th to Eth Street 313,483.73 West Ave,48" OnIy 6th to Eth street Subtotal West Ave (6th to E th Street West Ave (6th to 8th West ave (Lincoln to 17th West Ave (Lincoln to lTth Street) Subtotal AMOUNT 7.56 r 57.83 301,t20.57 n 260,435.00 14.60 313.483.73 ,.' $390,048.53 743.63 551,098.18 e. 351.870.80 372,167.64 357,195.96 5. l0 375,288.47 30'7,525.48 226,606.38 14.60 198,128.70 1.53 207 .00 .80 .60 .46 Page2ol4 177 RESOLUTION TO BE SUBMITTED 178 THIS PAGE INTENTIONALLY LEFT BLANK 179 R9 NEW BUSINESS AND COMMISSION REQUESTS 180 r.-. .-. L.-- -rF--Eryre OFFICE OF THE MAYOR AND COMIIISSION MEMORANDUM TO: Jimmy Morales, City Manager FRoM: Ed Tobin, City Commissioner DATE: October 22,2014 SUBJECT: Discussion ltem/Resolution for Placement on October 29, 2014 City Commission Agenda Request for City Commission Waiver of City's Post-Service Employment Prohibition and Related Statement of Intent to Apply for City Employment. Please place on the October 29,2014 City Commission agenda the following matters: . My statement of intent to apply for employment as a Certified Police Officer for the City of Miami Beach; and . lmmediately following, my statement, my request for waiver of the Post-Service Employment Prohibition, pursuant to City Code Section 2-462, reading as follows: Miami Beach City Gode Section 2462 "Prohibiting members of city commission from having certain post-service contracts with city": (a) For a period of two years after leaving city service, no member of the city commission shall be eligible to serve as employee, independent contractor, or agent for the city, or otherwise enter into any contract (other than for voluntary, noncompensated services) with the city on any matter. (b) The provisions of this section shall apply to all individuals elected or appointed/reelected or reappointed to serve on the city commission subsequent to the effective date of this section. (c) The requirements of this section may be waived by a five-sevenths vote of the city commission upon a finding by the city commission that the public interest would be served by such waiver. Having discussed the above process with the City Attorney, he has prepared the attached Resolution, to be considered concurrent with my above-referenced waiver request. lf you have any questions, please do not hesitate to call my office. Agenda ltem R?A.-v- --i^*w-tr 181 RESOLUTION NO. 2OI4 _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO CITY OF MIAMI BEACH CODE SECTION 2-462(c), GRANTING A WAMR, BY 517 VOTE, OF THE CITY'S POST-SERVICE EMPLOYMENT PROHIBITION, IN CONNECTION WITH CITY COMMISSIONER ED TOBIN'S STATEMENT OF INTENTION TO APPLY FOR EMPLOYMENT AS A CERTIFIED CITY OF MIAMI BEACH POLICE OFFICER, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY SUCH WAIVER. WHEREAS, pursuant to City of Miami Beach Code Section 2-462 "Prohibiting Members of City Commission from Having Certain Post-Service Contracts with City," members of the City Commission are prohibited for a period of two years after leaving City service, from becoming an employee, independent contractor, or agent of the City, other than in voluntary, noncompensated service; and WHEREAS, Code Section 2-a62@) provides for waiver of this post-service employment prohibition upon an affirmative five-sevenths vote of the City Commission, finding that the public interest would be served by such waiver; and WHEREAS, having publicly announced his intention to apply for employment with the City of Miami Beach as a Certified Police Officer, City Commissioner Ed Tobin has requested a waiver of City Code Section2-462's post-service employment restriction; which employment--if offered and accepted--would (consistent with Florida Ethics laws and Constitutional dictates) commence subsequent to his resignation from membership on the City Commission; and WHEREAS, inasmuch as Code Section 2-462 does not contain any restriction limiting when a waiver request may occur, the City Attorney has opined that the subject request for waiver is ripe for present consideration by the City Commission; and WHEREAS, the Mayor and City Commission hereby find, by an affirmative 517 vote, that the public interest would be served by granting the subject waiver, authorizing Commissioner Tobin to become employed as a Certified Police Officer for the City of Miami Beach, should such offer of employment be made and accepted. WHEREAS, in this regard, the City Commission emphasizes that its actions taken herein are limited to the per se subject grant of waiver under City Code section 2-462, and in no way reflect any City Commission endorsement or promotion of application for employment or offer of employment, and that reliance is placed upon the City Administration to ensure that Commissioner Tobin is subject to the same application and hiring process as other candidates for the position of Certified Police Officer. 182 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having determined by 517 vote that the public interest will be served by waiving Miami Beach City Code Section 2-462's post-service employment prohibition in relation to City Commissioner Ed Tobin's Statement of Intention to apply for City employment as a Certified City Police Officer, said waiver is granted. PASSED and ADOPTED this _ day of October 2014. Philip Levine, Mayor Attest: Rafael Granado, City Clerk t+ 183 THIS PAGE INTENTIONALLY LEFT BLANK 184 E MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: MichaelGrieco,Commissioner DATE: October 24,2014 SUBJECT: Discussion regarding Pedestrian Priority Zone Please place on the October 29th agenda discussion regarding pedestrian priority zone. Attached, please find Downtown Pedestrian Priority Zone presentation and Memorandum Agenda ltem No. 11(A)(1) from Miami-Dade County. lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457. MG/db We are committed to providing excellent public sevice and safety to all who live, work, and play in our vibrant, tropical, historic community. -Agenda ltem B?Bo^t"-lid?-ttr185 Downtoum Pedestrian Priority Zone F.A. Provide a minimum six-foot unob- structed pedestrian path at all sidewalks @4m !6AqN( | 8 fr. ds r zone or r 2 tE si&Mlk widrh, Michmrisg@terkftb uColntvmshindon X r6ft. ctsarrc@ r0ft cbar6rewnh si&Mlkcafe. fr i a&lohh.Chlaoo;6,8or r0fr .cr€rbdon $@r B. Provide perpendicular curb ramps at all intersections Provide sidewalk bulb-outs extending at least 20 feet from crosswalk ln either direction at all street interse(- tions and curb radi! not exceeding 1 5 feet MECMB: Phih&lohia UCenv:r 5 ft. cuto 6drut Fr si&nrra trqfih;Nod$rudions dhinIft. dlhelegal sGsmlk Provide broad spectrum (white) mid-block street lighting that ensures a consistent and uniform distribution of illumination on all sidewalks mffi $n Eancirogn DhoPffidktb adSnlosLEDMid BltrkUghtiry H. Provide continuous shade tree canopy on all sidewalks with widths 10 feet or greater; where sidewalks are less than 'l 0 feet wide, require adjacent buildings to have canopies, overhangs and/or other architectural devices that provide shade onto the sidewalk area m406: l. To be designed to and posted at a maximum speed limit of 25 miles per hour MERCMES: Ponlandr20MPH(Residentiai)and25{Commerciat). Bo(ton. $n Oi€oo. San lo(€, $.amento Saltlakscity:2s MPH Madnm.Seamle.SanFGn.isca25MPH(majoriryof $reB).30 35 MPH lAnerlats). Prohibit "right turn on red" at all intersections. moE$ Crlfmb indV6md tuFdicuhr nmtr aEp&EdforHsi&mlk@n$rudooandtrE6asibh forum€€toslning ri&@lb Provide marked crosswalks at all intersections at all four corners and mid-blGk crosswalks at blocks greater than 400 feet ffim Bdo^ sanOkoktle 10tomin" b&.rybBiqn IIYCI:hi@@PodhN[q:: ] 0 ft l@1, l5 1t. co kq Provide pre-timed fixed signals at all traf6c controlled intersections with a minimum of one second of crossing time for every 2.8 feet of street width mRcm: trell@Els 23frls Code 35fr/s ir; Provide driving lane widths of no more than 1 0 fee! turning lanes of no more than 1 2 feet, and sharrow lanes of no more than l2 feet. mm8 Ptrnd r0fr diwbB I I fr.rum bBUCeNi&l5t€&nul:10h.dtuh6I I ft. hry frceorbusb6adsb.lMae 12fr. 2012 NrmUtun MonGuiddiB:10ad I I fr.bE RrytsED 02.24.20r4 'J. OTHETCITIE': NewYork Citv: NTOR Policy wth some exceptions, Chl.:9o Pedenrian Plan: prcposes NTOR in downtown 186 MEMORANDUM Agendaltem No. u-(A) (1) trROM: R. A. Cuevas, Jr. County Attomey Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners DATE: April8,2014 SUBJECT: Resolutionsupportingthe creation of a"Downtown Pedestrian Priority Znne" in Downtown Miami The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Bruno A. Barreiro. RAClsmm / 187 ffi r\,mMffi)JTDUM TO:Honorable Chainroman Rebeca Sose and Membeffi, Boatd of County Commissionerc DAIE:April 8, 2OL4 SIIBIECT: AgmdaltemNo. u(A) (1) ,nTa.,{ trR,OM: R A.0Dvas, Jr. ) Comty Attomey Please note ary items checkod- '!i.Ilay RuIe' for committees applicable if rsiseal 6 weeks required between first reading anil public hearing 4 weoks rotification to municipal oficiah requirod prior to public Lear{ng Ileereases r€venues or increases erpenditures without balancing budget Budgetrequired Statement of fiscal imFact requircd Ordinance creatiug e treve board requires AetalA County Mayor's report for pubfic hcaring No committee revierw Applicable legislation reguires more tran a uajority vote (r.e,, U3\ -3/5re . saflnlmorrf _) to approvo Currqrt information regarding funrliug souree, index eode and available balance and avalbbls capacity (tf debt ls contemplatoil) required 2 188 Approved Veto Override Mavor Agenda Item No. 11(A) ( 1) 4-8-14 RESOLUTION NO. RESOLUTION SI'PPORTING THE CREATION OF A..DOWNTOWN PEDESTRIAI{ PRIORITY ZONE" IN DOWNTOWN MIAMI; DIRECTING THE MAYOR OR DESIGNEE TO SET UP A PROCESS IN COORDINATION WITH T}IE CITY OF MIAMI BY WHICH SAID "DOWNTOWN PEDESTRIAN PRIORITY ZONE" MAY BE IMPLEMENTED CoNSISTENT WTil{ Tm REQUIREMENTS OF THE MIAMr- DADE COUNTY CODE ANID OTTIER APPLICABLE LAT|VS; DIRECTING THE MAYOR OR DESIGNEE TO E)(PLORE WAYS TO IMPLEMENT TTIE CONCEPT OF A PEDESTRIAN. FRIENDLY ZONE IN MIAMI.DADE COLINTY'S "URBAN CENTER DISTRICTS'' WHEREAS, pedestrian oomfort and safety is an important public policy; and WIIEREAS, the City of Miami recently passed an ordinance creating a "Downtown Pedestian Priority Zone," which promotes enhanced pedestrian comfort and safety through the state-of-the-art design of public rights-of-way and intersections; and WI{EREAS, this Board supports the creation of a "Downtown Pedeshian Prionty Zote," to the extent that it comports with the requirements of the Miami-Dade County Code and all other applicable laws, rules, and regulations; and WIIEREAS, it may be possible to implement similar pedesfian pnority zones in Miami- Dade County's "Urban Center Dishicts" in order to firther the goal of making such areas pedestrian-friendly and safe for all; and WHEREAS, the County should liaison and coordinate with the City of Miami and other affected municipalities to implement these pedestian priority zones, NOW, THEREFORE, BE IT RESOLYED By TI{E BOARD OF' COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: e 189 i I AgendaltemNo. ll(Axl) i Page No. 2 | i Section 1. Supports the creation of a "Downtown Pedeskian Priority Zone" in i i Downtown Miami, to ttre extent that it comports with the requirements of the Miami-Dade : i County Code and all other applicable laws, rules, and regulations. : I i I implementation of the "Downtown Pedestrian Priority Zon€'with the City of Miami, consistent ' with the requirements of the Miami-Dade County Code and all other applicable laws, rules, and regulations. Section 3. Directs the Mayor or designee to explore possible ways to implement similarpedeshian-friendly zones in Miami-Dade County's "[Jrban Center Disfiicts." Section 4. Directs the Mayor or designee to provide a report on the issues set forth in Sections 2 aad,3 above, for committeo review, within 90 days of the effective date of this resolution. The Prime Sponsor of the foregoing resolution is Commissioner Bruno A. Bareiro. It was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Rebeca Sosa, Chairwoman LyndaBell, Vice Chair Bruno A. Barreiro Esteban L. Bovo, Jr. Jose "Pepe" Diaz Au&ey M. Edmonson SallyA. Heyman BarbaraJ. Jordan Jean Monestime Dennis C. Moss Sen. Javier D. Souto Xavier L. Suarez Juan C. Z,apata 190 AgendaItemNo. u(A) (1) Page No. 3 The Chairperson thereupon declared the resolution duly passed and adopted this 8m day of April,2014. This rresolution shall fscopr effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and.if vetoed, shall become effective only upon an override by this Board. MIAMI.DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEYRWIN, CLERK By: Deputy Clerk *'flH*11":iffi[:U]* & James Eddie Kirtley / / 191 THIS PAGE INTENTIONALLY LEFT BLANK 192