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HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM FILE ID: 0 — I -3 I S Date: 10/16/2007 Commission Meeting Date: 11/08/2007 RE.4 Requesting Department: Public Facilities/Asset Mgmt_ District(s) Impacted: Ul E12 f 13 04 ®5 Type: ® Resolution n Ordinance ❑ Emergency Ordinance I I Discussion Item ❑ Other Subject. Resolution authorizing an Interlocal Agreement with the School Board of Miami -Dade County to design, construct, fund a law enforcement training facility, B-72910 Purpose of Item: • Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute an Interlocal Agreement, in substantially the attached form, with the Miami -Dade County School Board ("School Board") regarding designing, constructing, and funding of a co -located international police training facility ("Police College" and a Law Enforcement High School ("High School") (collectively, "Facility") on the city -owned site created from the unification of the properties located at 405 Northwest 3rd Avenue, ("Miami Police Headquarters") and 401 Northwest 3rd Avenue, ("Adjacent Lot"), Miami, Florida, for the design, construction and contingencies of the facility in an amount not to exceed $37,470,000; further authorizing the City Manager to negotiate a Lease and Operating Agreement with the School Board and to present the negotiated agreement to the City Commission for approval; further authorizing the City Manager to execute any additional agreement(s), in a form acceptable to the City Attorney, as deemed necessary to establish the ongoing responsibilities of both parties pursuant to the Interlocal Agreement to accomplish the construction, funding, and contingencies of the Facility. Background: See Attached. Budget Impact Analysis NO Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: _ Special Revenue Account No: CIP Project No: B-72910 YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal In act: $1fl,697,002 Final Approvals (SIGN AND DATE1 CIP ian-:t•iri Budge If using or rccciv Grants N/A _ i sk Management Purchasing N/A , _'i ept. Directo Chief �W � /a 7,5fo1 City Manager Manager: Marcel Douge ro e(o-r Page -2- Subject: Resolution authorizing an Interlocal Agreement with the School Board of Miami -Dade County to design, construct, fund a law enforcement training facility, B-72910 Background: On September 5, 2007, the Miami -Dade County School Board ("Board") authorized the Superintendent to finalize negotiations and execute an Interlocal Development Agreement ("Interlocal"), Lease and Operating Agreement and any other related agreements necessary to design, construct and operate a specialty senior high school to be co -located with the City Police Department's proposed new College of Policing (collectively, "Facility"). The High School will house approximately 500 student stations and provide specialized instruction for students in grades 9-12 seeking those particular career paths. Terms of the Interlocal Agreement addresses the design, construction, and funding of the Facility. The Facility will be located on City -owned land at NW 2 Avenue and NW 3 Street, directly south of the current City Police Department Headquarters Building. Portions of the High School and College are to be jointly used by the parties with those terms to be defined in a separate Lease and Operating Agreement to be presented to the City Commission for approval. The City previously secured the services of Spillis Candela DMJM to design the Facility, and construction documents have been completed. The Board will assist the City in commissioning a Construction Management (CM) at -Risk contract with the Board assigning certain of its rights, responsibilities and obligations under the contract for construction to the City subsequent to a determination of the Guaranteed Maximum Price for the project. The Facility will be approximately 112,316 square feet in size, with the High School portion to encompass approximately 45,400 square feet, or 41% of the overall square footage. As such, the Board's commensurate share of design and construction costs of the Facility (excluding expenditures for due diligence and movable FF&E and associated items), will not exceed 41% of such costs, or $14,300,000, whichever is Tess. The City will bear all additional costs for construction of the Facility. Each party shall be responsible for any additional costs for elective changes it makes during construction. It is anticipated that construction activities would commence by January, 2008, with the Facility to be completed by June, 2009. All costs for the future operation and maintenance of the Facility shall be split 59%/41% with the City paying 59% and the Board paying 41%. Terms of the proposed Interlocal are substantially as follows: - the term shall commence upon full execution of the Interlocal and completion of the School Board's due diligence, and shall terminate effective with the commencement date of the Lease; - the Board's share of Facility design and construction expenses shall equal 41% of the total costs or $14,300,000, whichever is less (movable FF&E, due diligence costs and associated items for the High School are to be purchased separately by the Board). A not -to -exceed amount of $886,998, covering the Board's portion of the Facility design fee, is included in the Board's total potential design and construction obligation of $14,300,000; the City's share of the Facility construction is $19,697,002; - the Interlocal may be canceled by either party in the event of a default, which default is not cured, or an inability of the parties to agree on a Guaranteed Maximum Price for construction of the Facility by December 19, 2007, or a determination by the Board (as a result of completion of all required due diligence) that the site is incompatible with the operation of the High School and the City is unable or unwilling to mitigate the issue. In all other events, should the Board cancel the agreement, the Board will be obligated to reimburse the City for the design fee (not -to -exceed $886,998), as well as the cost for the City to redesign the Facility for its sole use (in an amount not -to -exceed $1, 000, 000); Page -3- Subject: Resolution authorizing an Interlocal Agreement with the School Board of Miami -Dade County to design, construct, fund a law enforcement training facility, B-72910 Background (Cont): the City shall retain ownership of the site and all improvements at all times; the City will be responsible for the design of the Facility, and shall retain jurisdiction for coordination of plan review and approvals, construction inspection services and final sign -off for construction of the Facility; - the Board shall assign a Project Manager to act as the Board's representative in all matters dealing with the design and construction of the Facility. Likewise, the City will also designate a Project Manager; - the Board and City shall jointly negotiate and agree on the Guaranteed Maximum Price for the project, with the Board to then enter into the Construction Management (CM) at -Risk Contract. Subsequent to the Board executing the contract, the Board shall assign, and the City shall accept, certain rights, responsibilities and obligations under the Contract for Construction; - the City and Board shall indemnify and hold each other harmless against any claims or actions arising from the Interlocal, to the extent of the limits of Florida Statutes; - if either party defaults under the Interlocal and fails to cure, the non -defaulting party shall be entitled to all remedies available at law or in equity, which may include, but not be limited to, the right to damages and/or specific performance; and the Superintendent of Schools and the City Manager, or their respective designees, shall be the parties designated by the Parties to grant or deny any and all approvals required by the Interlocal dealing with the design and construction of the Facility; the Superintendent of Schools and the City Manager, respectively, shall be the party designated by the Board and City Commission to terminate this Interlocal in conformance with the provisions of the Interlocal. Pursuant to Resolution No. 07-0532, adopted September 27, 2007, the City Manager received approval to finalize negotiations with the School Board for the design, construction, and funding of the Facility and to present the negotiated agreement to the City Commission for approval. The School Board and the City have finalized their negotiations of the Interlocal Agreement regarding the design, construction, funding, and co -location of the Project, with said design, construction, and contingencies to be in an amount not to exceed $37,470,000.