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Home My WebLink AboutR-21-0016City of Miami f Legislation Resolution: R-21-0016 File Number: 8360 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/14/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF MANAGEMENT AND LEASING SERVICES BY NAI MIAMI PROPERTY MANAGEMENT, LLC ("NAI"), FOR THE CITY -OWNED PROPERTY LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA, AND KNOWN AS THE OLYMPIA BUILDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY MANAGEMENT AGREEMENT ("MANAGEMENT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND NAI, WHEREBY NAI SHALL MANAGE AND LEASE THE RESIDENTIAL APARTMENTS AND RETAIL COMPONENTS AND PROVIDE CARETAKING SERVICES OF THE OLYMPIA THEATER, AS MORE PARTICULARLY DESCRIBED IN THE NAI PROPOSAL, FOR A MANAGEMENT FEE TO BE NEGOTIATED, BUT IN NO EVENT GREATER THAN THE AMOUNT PROVIDED IN THE NAI PROPOSAL, AND TERMINABLE AT -WILL BY THE CITY, IN ITS SOLE DISCRETION, WITH NINETY (90) DAYS' NOTICE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS TO THE MANAGEMENT AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, THE ANTI -DEFICIENCY ACT, FINANCIAL INTEGRITY PRINCIPLES, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS. WHEREAS, the City of Miami ("City") owns the property located at 174 East Flagler Street, Miami, Florida, known as the Olympia Building ("Property"); and WHEREAS, the Property is composed of a theater, residential apartments, and commercial retail establishments; and WHEREAS, the theater component of the Property ("Theater Component") is currently managed by Olympia Center, Inc., a Florida Not -For -Profit corporation ("Olympia Center'), through a management agreement ("Theater Agreement"); and City of Miami Page 1 of 3 File ID: 8360 (Revision:) Printed On: 112712021 File ID: 8360 Enactment Number: R-21-0016 WHEREAS, the residential apartments and commercial retail establishments ("Residential and Retail Components") are also currently managed by Olympia Center pursuant to a separate management agreement ("Residential and Retail Management Agreement"); and WHEREAS, on August 20, 2020, the City advised Olympia Center of its intent to terminate both of the above -mentioned management agreements and the same was accepted by Olympia Center on September 2, 2020; and WHEREAS, the management agreements terminated on December 31, 2020; and WHEREAS, NAI Miami Property Management, LLC ("NAI") is a full -service real estate firm serving as the Greater Miami Metropolitan and Florida Keys Market Representative of NAI Global, an international real estate services organization; and WHEREAS, among the various services provided by NAI are leasing brokerage and property management services; and WHEREAS, the City and the Miami Parking Authority currently utilize NAI for real estate leasing brokerage and property management services at several municipal properties; and WHEREAS, NAI has submitted a proposal to provide similar services for the management of the Property ("NAI Proposal"); and WHEREAS, due to the termination of the existing management agreements with Olympia Center and the urgent and crucial need to continue the operation and management of the Property, it is in the best interest of the City to negotiate and execute a temporary management agreement with NAI for the management of the Property until such time that the City elects to proceed with the award of a solicitation for the long-term management of the Property ("Agreement"); and WHEREAS, the Agreement shall be terminable at -will by the City, in its sole discretion, with ninety (90) days' notice; and WHEREAS, the scope of services to be provided in the Agreement will include the management and leasing of the Residential and Retail Components and caretaking services to maintain the Theater Component; and WHEREAS, the City may authorize NAI to hire a qualified and reputable third -party theater manager in the City's sole discretion; and WHEREAS, all construction management services provided in connection with the Agreement shall be subject to the prior written approval of the City Manager, in his sole discretion; and WHEREAS, the fee structure and amount shall be negotiated by the City and NAI for the management and leasing of the Residential and Retail Components and the caretaking services for the Theater Component of the Property and may further include, as applicable, management fees; leasing fees; staffing, personnel, and out-of-pocket expenses; and fees associated with required construction projects, but in no event shall exceed the amounts proposed in the NAI Proposal; and City of Miami Page 2 of 3 File ID: 8360 (Revision:) Printed on: 112712021 File ID: 8360 Enactment Number: R-21-0016 WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has waived competitive sealed bidding methods via a written finding stating that such a waiver is in the best interests of the City; and WHEREAS, said bid waiver requires ratification, confirmation, and approval by the City Commission by a four -fifths (4/5ths) affirmative vote after an advertised public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing and pursuant to Section 18-85(a) of the City Code, the City Manager's recommendation and written findings, attached hereto and incorporated as Exhibit "A," waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City for the provision of temporary management and leasing services with NAI are ratified, confirmed, and approved. Section 3. The City Manager is authorized' to negotiate and execute an Agreement between the City and NAI, in a form acceptable to the City Attorney, whereby NAI shall temporarily manage and lease the Residential and Retail Components and provide caretaking services for the Theater Component at the Property, as more particularly described in the NAI Proposal, for a management fee to be negotiated, but in no event greater than the amount provided in the NAI Proposal, and terminable at -will by the City, in its sole discretion, with ninety (90) days' notice. Section 4. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, and subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, the Anti -Deficiency Act, and Financial Integrity Principles, and with all applicable laws, rules, and regulations. Section 5. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, Cify Attor iey 1/5/2021 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 8360 (Revision:) Printed on: 112712021