HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00390 Final Action Date:
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, PURSUANT TO
SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE
CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE
HYATT HOTEL AND JAMES L. KNIGHT CONVENTION CENTER ("KNIGHT
CENTER") LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF
MIAMI ("CITY") AND HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE
AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS
CRITERIA PACKAGE ("PHASE I") AND FURNISHING, INSTALLATION, AND
TESTING ("PHASE II") FOR THE REPLACEMENT OF THE FIRE DETECTION AND
ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT
HOTEL AND THE KNIGHT CENTER, WITH ATOTAL PROJECT COST ESTIMATE
OF $778,306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM,
WITH THE CITY'S SHARE NOT TO EXCEED $238,745; FURTHER AUTHORIZING
THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR
THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE
OF 1986, AS AMENDED, SUBJECT TO APPROVING OPINION OF BOND
COUNSEL AND CONSULTATION WITH THE CITYATTORNEY; ALLOCATING
FUNDS FOR THE CITY'S CONTRIBUTION FROM CIP PROJECT B-70414; WITH
TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID
LETTER AGREEMENT.
WHEREAS, the City of Miami ("City") and Miami Center Associates entered into an Operations
and Maintenance Agreement ("O&M Agreement") dated December 12, 1984 by and between the City
and Miami Center Associates, Ltd., predecessor -in -interest to Hyatt Equities, LLC ("Hyatt"); and
WHEREAS, the O&M Agreement sets forth the operation and maintenance obligations of the
City and Hyatt as to their primary areas of responsibility, as required under the lease between the City
and Hyatt, dated September 13, 1979 and as amended (the "Lease"); and
WHEREAS, the fire detection and alarm system and related equipment are currently thirty (30)
years old and have reached their useful life expectancy; and
WHEREAS, City and Hyatt have agreed to replace the fire detection and alarm system that
supports the Hotel and James L. Knight Center ("Knight Center"); and
City of Miami
Page 1 of 3 File Id: 12-00390 (Version: I) Printed On: 9/17/2012
File Number: 12-00390
WHEREAS, the Hyatt has contracted with RJA, Inc. to prepare and finalize a specifications
criteria package ("Phase I") as well as post design and inspection services. Additionally, the Hyatt has
contracted with SimplexGrinnell for furnishing, installation, and testing ("Phase II") for the replacement
of the fire detection and alarm system and associated equipment that supports the Hyatt Hotel and the
Knight Center. The total project cost of $778,306 will be paid based on a percentage of use of the
system. For the project cost estimate of $32,475 for Phase I, the Hyatt will pay for 69.325% of use, or
$22,513, and the City will pay for 30.675% of use, or $9,962. Phase II includes a construction cost
estimate of $605,310, plus a 10% construction contingency reserve of $60,531, in addition to post
design and inspection services cost of $79,990, for a total for Phase II project construction cost of
$745,831. The Hyatt will pay for 69.325% of use, or $517,047, and the City will pay for 30.675%, or
$228,783, for a total Phase I and Phase II cost of the City's share of a not to exceed amount of
$238,745; and
WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended
("City Code"), the City Manager has waived competitivesealed bidding methods by making the written
finding containing the reasons supporting his conclusion herein that, in this instance, competitive
sealed bidding or competitive sealed request for proposals are neither practicable nor advantageous to
the City; and said conclusion is subject to being ratified, confirmed, and approved by the City
Commission by a four -fifths (4/5ths) affirmative vote after an advertised public hearing; and
WHEREAS, the City's original construction of the Knight Center was financed by its Special
Revenue Bonds, series 1987, which still have outstanding amounts, therefore requiring continuing
compliance with the requirements of the Revenue Code of 1986, as amended;
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, the City
Commission is approving and ratifying the City Manager's recommendation and written findings
pursuant to Section 18-85 of the City Code, waiving the requirements for competitive sealed bidding
methods as being neither practicable nor advantageous to the City in this instance.
Section 3. The City Manager is authorized{1} to execute a Letter Agreement, in substantially
the attached form, between the City and Hyatt Equities, L.L.C. to provide authorization for Hyatt to
prepare and finalize a specifications criteria package ("Phase I") and furnishing, installation and testing
("Phase II") for the replacement of fire detection and alarm system and associated equipment at the
Knight Center located at 400 Southeast 2nd Avenue, Miami, Florida, with the total Phase I and Phase
II City's share of total project costs not to exceed $238,745, which includes a 10% contingency reserve
and further allocating funds for the City's contribution from CIP Project B-70414.
Section 4. Authorizing the City Manager to undertake all requirements in order for the City to
comply with the United States Internal Revenue Code of 1986, as amended, subject to approving
opinion of Bond Counsel and consultation with the City Attorney.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
City of Miami Page 2 of 3 File Id: 12-00390 (Version: 1) Printed On: 9/17/2012
File Number: 12-00390
APPROVED AS TO FORM AND CORRECTNESS-
JULIE O. BRU
CITY ATTORNEY p
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File Id: 12-00390 (Version: 1) Printed On: 9/17/2012