2007-26581 ResoRESOLUTION NO. 2007-26581
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING ON SEPTEMBER 5, 2007, TO
CONSIDER APPROVING ON FIRST READING, IN ACCORDANCE WITH THE
REQUIREMENTS OF SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES, A
PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND MIAMI BEACH GARDEN CONSERVANCY, INC., ESTABLISHING THE
TERMS AND CONDITIONS BY WHICH THE CONSERVANCY SHALL ADMINISTER
THE DESIGN AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE
BOTANICAL GARDEN (THE PROJECT), LOCATED AT 2000 CONVENTION
CENTER DRIVE, MIAMI BEACH, FLORIDA, TO BE FUNDED FROM PREVIOUSLY
APPROPRIATED SERIES 2000 GENERAL OBLIGATION BOND FUNDS, IN THE
AMOUNT OF $1.1 MILLION, SPECIFICALLY PROGRAMMED FOR THIS PROJECT.
WHEREAS, on January 17, 2007, subsequent to the approval of the Mayor the City
Commission, the City of Miami Beach (City) and the Miami Beach Garden Conservancy
(Conservancy), executed a new Management Agreement for the operation of the Botanical Garden,
with an initial term of five (5) years, commencing on July 1, 2007, (upon expiration of its current
Agreement), with an option, at the City's sole discretion, to renew and extend the Agreement for an
additional five (5) year term; and
WHEREAS, one of the Conservancy's primary goals is to achieve accreditation of the
Botanical Garden facility through the American Association of Museums; and
WHEREAS, the Conservancy has been working with the City in defining a scope of capital
improvements to achieve this goal; and
. WHEREAS, originally, a total of $1.5 Million was appropriated from Series 2000
General Obligation Bonds to undertake improvements at the Botanical Garden, of which
approximately $1.1 Million remains as of the date of this Resolution; and
WHEREAS, in July, 2003, following a Request for Qualifications (RFQ) selection process,
EDAW was selected to undertake the planning and design of the Project; and
WHEREAS, Since contractual issues between the City and EDAW delayed further
progress on the final design of the improvements, the Conservancy asked to take the lead in
implementing the Project on behalf of the City; and
WHEREAS, the City and the Conservancy have been negotiating terms and conditions by
which the Conservancy shall, with the assistance of the City, oversee the design construction of the
proposed Project (proposed terms); and
WHEREAS, the proposed terms, the substantive points of which are outlined in the attached
Term Sheet, are scheduled to be presented to the City's Finance and Citywide Projects Committee
at its next meeting on July 19, 2007, for its consideration and approval; and
WHEREAS, subject to the approval of the proposed terms by the Finance Committee, the
City Administration proposes to negotiate a Development Agreement between the City and the
Conservancy, which pursuant to Chapter 163, Florida Statutes, requires two public hearings for
consideration and approval by the City Commission.
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 set a Public
Hearing on September 5, 2007, to consider approving on First Reading, in accordance with the
requirements of Sections 163.3220-163.3243, Florida Statutes, a proposed Development
Agreement between the City of Miami Beach and the Miami Beach Garden Conservancy, Inc.,
establishing the terms and conditions by which the Conservancy shall administer the design and
construction of certain improvements to the Botanical Garden (the Project), located at 2000
Convention Center Drive, Miami Beach, Florida, to be funded from previously appropriated Series
2000 General Obligation Bond funds, in the amount of $1.1 Million, specifically programmed forthis
Project.
PASSED and ADOPTED this 11th Day of July, 2007.
APPROVED A3 TO
FORM & LANGUAGE
A EST:
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CITY CLERK
Robert Parcher
T:Wgenda\2007UJuly 11\Consent\Botanical Garden Reso.doc
Matti Herrera Bower
Vice-Mayor
OR TION
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution setting a Public Hearing on September 11, 2007, to consider approving on First Reading, a
proposed Development Agreement between the City of Miami Beach and the Miami Beach Garden
Conservancy, Inc., establishing the terms and conditions by which the Conservancy shall administer the
design.and construction of certain improvements to the Botanical Garden (the Project).
Ke mtenaea uutcome ~u ortea:
Ensure Well Maintained Facilities
Supporting Data (Surveys, Environmental Scan, etc.):
Based on 2007 CSS Survey, 84% of residents & 86% of businesses rank the City's capital improvements favorably,
with landscaping related being among the highest rated. In addition, 75% of residents and businesses rank recreation
programs and facilities favorably. Improvements to the Garden Center will go towards supporting these ratings.
Capital improvement projects appeared as key drivers for resident's perception of City services for tax dollars paid
and overall quality of life.
Issue:
Shall the Mayor and City Commission set a Public Hearing on September 11, 2007 to consider a proposed
Development Agreement between the City and the Conservancy?
item summa ittecommenaation:
The City and the Conservancy have been negotiating terms and conditions, by which the Conservancy
shall, with the assistance of the City, oversee the design and construction of certain Improvements to the
Botanical Garden, to be funded with previously appropriated Series 2000 General Obligation Bond funds.
The proposed terms, which are scheduled to be presented to the City's Finance and Citywide Projects
Committee at its next meeting on July 19, 2007, generally provide for the Conservancy to proceed with the
selection of a landscape design firm to work with the Conservancy in developing a concept plan for
approval by the City, before proceeding with design development. The Conservancy shall then select a
General Contractor and enter into a Guaranteed Maximum Price (GMP) Contract for construction of the
Project.
Subject to the approval of the proposed terms by the Finance Committee, staff shall finish drafting the
Development Agreement between the City and the Conservancy, which pursuant to Chapter 163, Florida
Statutes, requires two Public Hearings for consideration and approval by the City Commission. The
Administration recommends proceeding to set the first of these Public Hearings on September 11, 2007.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 $1,100,000 Series 2000 GO Bond Fund
2
3
OBPI Total $1,100,000
Financial Impact Summary: Funding previously appropriated
Ci Clerk's Office Le islative Trackin
Kent O. Bonde, Redevelopment Coordinator Ext #6363
Sign-Offs:
Department Director As ista City Manager City Manager
KOB H JMG
T:WGENDA\2007\ju11107\Consent\Garden Center Summa
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AGENDA ITEM C ~~
DATE ~l '0
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~,
DATE: July 11, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON SEPTEMBER 11,
2007, TO CONSIDER APPROVING ON FIRST READING, IN ACCORDANCE
WITH THE REQUIREMENTS OF SECTIONS 163.3220 - 163.3243, FLORIDA
STATUTES, A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND MIAMI BEACH GARDEN CONSERVANCY, INC.,
ESTABLISHING THE TERMS AND CONDITIONS BY WHICH THE
CONSERVANCY SHALL ADMINISTER THE DESIGN AND CONSTRUCTION OF
CERTAIN IMPROVEMENTS TO THE BOTANICAL GARDEN (THE PROJECT),
LOCATED AT 2000 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA,
TO BE FUNDED FROM PREVIOUSLY APPROPRIATED SERIES 2000
GENERAL OBLIGATION BOND FUNDS, IN THE AMOUNT OF $1.1 MILLION,
SPECIFICALLY PROGRAMMED FOR THIS PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding appropriated from Series 2000 General Obligation Bond Funds.
ANALYSIS
On January 17, 2007, subsequent to the approval of the Mayor and the City Commission,
the City and the Miami Beach Garden Conservancy executed a new Management
Agreement for the operation of the Botanical Garden, with an initial term of five (5) years,
commencing on July 1, 2007, (upon expiration of its current Agreement), with an option, at
the City's sole discretion, to renew and extend the Agreement for an additional five (5) year
term. This extended term is anticipated to facilitate the Conservancy's ability to obtain
grants and other long-term funding commitments for programming, capital improvements
and operations.
One of the Conservancy's primary goals is to achieve accreditation of the facility through the
American Association of Museums. To this end, it has been working with the City in defining
the scope of capital improvements to achieve this goal. Originally, a total of $1.5 million
was appropriated from Series 2000 General Obligation Bonds to undertake the
improvements, of which, approximately $1.1 million remains as of the date of this
Memorandum (Total Budgeted Cost of Improvements). In July, 2003, following an RFQ
City Commission Memorandum
July 11, 2007
Garden Conservancy Development Agreement
Page 2 of 2
selection process, EDAW was selected to undertake the planning and design of the facility.
Since this time however, contractual issues between the City and EDAW delayed further
progress on the final design and improvements. Consequently, during the negotiations to
renew the Management Agreement, the Conservancy asked to take the lead in
implementing the Project on behalf of the City. The Management Agreement contemplates
the Conservancy assuming this role.
To this end, the City and the Conservancy have been negotiating terms and conditions, by
which the Conservancy shall, with the assistance of the City, oversee the design and
construction of the proposed Improvements. The proposed terms, which are outlined in the
attached term sheet, are scheduled to be presented to the City's Finance and Citywide
Projects Committee at its next meeting on July 19, 2007, and generally provide for the
Conservancy to proceed with the selection of a landscape design firm to work with the
Conservancy in developing a concept plan for approval by the City (as defined in the term
sheet), before proceeding with design development. Since the Project is being funded
entirely with public funds, the Conservancy shall be required to either use an architectural
firm from the City's rotating list of pre-approved architectural and engineering (A&E) firms,
or engage in a competitive bidding and selection process, the parameters of which must be
pre-approved by the City Manager and/or his designee. The Conservancy shall then select
a General Contractor and enter into a Guaranteed Maximum Price (GMP) Contract for
construction of the Project. Soft costs, including all design and permitting related expenses
shall be capped at $180,000 or 20 percent (20%) of the total cost of construction, whichever
is greater.
CONCLUSION
In the meantime and subject to the approval of the proposed terms by the Finance
Committee, the Administration shall work on finalizing a Development Agreement between
the City and the Conservancy, which pursuant to Chapter 163, Florida Statutes, requires two
Public Hearings for consideration and approval by the City Commission. The Administration
recommends proceeding to set the first of these Public Hearings on September 11, 2007.
JMG:TH:KOB
Attachment
(T:\AGENDA\2007\ju11107\Consent\Garden Center Development Ageement Public Hearing.doc)
EXHIBIT A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE MIAMI BEACH GARDEN CONSERVANCY, INC., FOR IMPROVEMENTS TO
THE MIAMI BEACH BOTANICAL GARDEN
PROPOSED TERM SHEET
Parties and Project:
Owner:
Developer:
Architect/Design Consultant:
City of Miami Beach ("City")
Miami Beach Garden Conservancy, Inc. ("Conservancy or
Developer")
The registered architect, professional engineer, professional
and surveyor, civil engineer, and/or registered landscape
architect who has been selected by the Developer and
approved by the City, to provide professional services for
the design and construction of the Project, and who is
further licensed by the State of Florida to provide said
services. When the term Consultant" is used in this
Agreement it shall be deemed to include such consultant
selected by the Developer and approved by the City in its
reasonable discretion.
General Contractor: The General Contractor who has been selected by the
Developer and approved by the City. to construct the
Project in accordance with the approved plans.
Project Description: Design, development and construction of certain
improvements to the Miami Beach Botanical Garden,
generally including, but not limited to, greenspace creation,
landscape structures, site lighting and improvements to the
educational and administrative facilities. ("Improvements"
or "Project")
City Funding Sources: The cost of improvements in the amount of the Budgeted
Cost of Improvements (as defined below), shall be funded
from previously approved 2000 Series General Obligation
Bond Funds, plus funds brought to the Project by
Developer, if any. The Developer shall comply with all
requirements of funding sources provided by the City for
construction of the Improvements.
1
Budgeted Cost of Improvements:
$1,100,000 in total hard and soft costs by the City. The
Developer shall enter into a Guaranteed Maximum Price
("GMP") contract for the hard costs with a General
Contractor during Design Development. At 50%
construction drawings, or at the completion of Design
Development, the Developer shall submit the cost of the
Improvements for pricing from its General Contractor. If
the Project is out of budget, The Consultant, the General
Contractor and other professionals shall be required to
value engineer the Project (at their sole cost) to bring it
back into budget, or in the alternative, Developer shall
demonstrate to the City's satisfaction that it has sufficient
additional funds to address the budget shortfall. Soft costs,
including all design and permitting related expenses, shall
not exceed twenty percent (20%) of the total Budgeted Cost
of Improvements.
Funding Provisions: In the second month following Commencement of
Construction, the City shall fund directly to the Developer,
a lump sum payment of all budgeted costs, fees and
expenses incurred to date in connection with the design and
permitting of the Project. Thereinafter, Developer shall be
entitled to periodic progress payments ("partial payments")
of the GMP and ongoing Consultant fees agreed to by the
Developer and. its Consultant and its General Contractor,
respectively, but not more frequently than once per month
following portions of the work completed and acceptable to
the City. Such partial payments of soft and hard costs shall
constitute reimbursements of payments made by Developer
pursuant to the Consultant and GMP contracts until final
payment is made and accepted. No partial payment
approved nor made, shall constitute an acceptance of any
work completed that is not in accordance with the approved
final plan.
Concept Plan Design Approval: The Developer shall submit, for review and approval by the
City Manager, or his designee, a Concept Plan Design,
detailing the proposed Improvements. Upon conclusion of his
review and approval, and prior to consideration of the
Concept Plan Design by the Mayor and City Commission,
the Conservancy shall submit the Concept Plan Design to the
Planning Board and the GO Bond Committee, for their
respective review and recommendation. Notwithstanding the
2
foregoing, final approval of the Concept Plan Design will rest
with the City Commission.
Preliminary Plans: Upon the City Commission's approval of the Concept Plan
Design, the Conservancy shall submit to the City Manager,
for the City's review and approval in its proprietary capacity,
the Preliminary Plans and Specifications for the proposed
Improvements, which Shall be in accordance with the
approved Concept Plan Design. Upon the City Manager's
approval of the Preliminary Plans and Specifications, the
Developer shall submit an application for approval of the
proposed design to the applicable City regulatory boards,
including, without limitation, the applicable City land use
boards (collectively, any and all such City boards shall be
hereinafter referred to at the "applicable City boards"). Upon
receipt of the City's and the applicable City boards' approval
of the proposed Improvements,` the Developer shall prepare
construction plans and specifications for construction of the
proposed Improvements, consistent with the Preliminary
Plans and Specifications.
Commencement of Construetion:The Conservancy shall, at its expense, (a) commence
construction of the Proposed Improvements on or before
sixty (60) days after all permits and approvals necessary for
the commencement of construction are issued, but no later
than eighteen (18) months from the commencement date of
the Development Agreement (the "Construction
Commencement Date"), and (b) thereafter continue to pursue
construction of the Improvements with diligence and
continuity to completion. "Commence Construction" or
"Commencement of Construction" means the
commencement of major work for construction of the
Improvements. Promptly after commencement of
construction, the Conservancy shall notify City in writing of
the actual date of such commencement. Any and all
preliminary site work (including, without limitation, any
environmental remediation and ancillary demolition) shall
not be deemed to be commencement of construction.
Contract Administrator: The City shall establish a single contract administrator for
review and processing of draw requests and to provide as a
point of contact between the City and the Developer, in
order to provide guidance and assistance in the approval
process required under the Development Agreement.
3
Art in Public Places ("AIPP"): The Improvements constitute a public joint development,
requiring one and a half percent (1.5%) of the Project
construction cost must be applied towards AIPP.
4