HomeMy WebLinkAboutResolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00390 Final Action Date:
ITEM TO BE WITHDRAWN BY THE ADMINISTRATION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) 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 CITY ATTORNEY; 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
City of Miami Page 1 of 3 File Id: 12-00390 (Version: 1) Printed On: 8/26/2024
File Number: 12-00390
supports the Hotel and James L. Knight Center ("Knight Center"); and
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 competitive sealed 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.
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Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
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.
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