HomeMy WebLinkAbout24942AGREEMENT INFORMATION
AGREEMENT NUMBER
24942
NAME/TYPE OF AGREEMENT
HRM OWNER, LLC
DESCRIPTION
COMMUNITY BENEFITS PLAN/298, 300, 330, & 400 SE 2ND
AVE/MATTER ID: 22-848
EFFECTIVE DATE
September 22, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
4/26/2024
DATE RECEIVED FROM ISSUING
DEPT.
4/29/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
EXECUTION VERSION
COMMUNITY BENEFITS PLAN
This Community Benefits Plan (this "Community Benefits Plan") constitutes the Final
Community Benefits Plan approved by the City Manager of the City of Miami (the "City
Manager") pursuant to Section 5.16 of that certain Agreement and Lease having an effective date
of September 22, 2023 (the "Lease"), between the City of Miami (the "City") and HRM Owner,
LLC, a Delaware limited liability company ("Developer") for the lease and development of certain
real property located in the City of Miami, Miami -Dade County, Florida consisting of
approximately 186,555+/- square feet and located generally for reference only at 298, 300, 330,
and 400 Southeast 2nd Avenue in the City of Miami, County of Miami -Dade County, Florida.
Unless otherwise specifically defined herein, all capitalized terms in this Community Benefits Plan
will have the same meaning as provided in the Lease. For the avoidance of doubt, Business Days
shall mean Monday through Friday, excluding legal holidays in the City of Miami, Florida. Unless
otherwise identified as Business Days, any reference to days shall refer to calendar days.
1. Purpose. Pursuant to Section 5.16 of the Lease, Developer is required to provide
certain community benefits, including the community benefits listed in Part A of Schedule 5.16 of
the Lease (the "Defined Community Benefits") and the conceptual community benefits listed in
Part B of Schedule 5.16 of the Lease (the "Conceptual Community Benefits"). This Community
Benefits Plan establishes the community benefits, including the scope of the Conceptual
Community Benefits, required to be provided by Developer under the Lease. For the avoidance
of doubt, (A) any obligations of Developer contained in this Community Benefits Plan that are
also contained elsewhere in the Lease (such as the payment of the Affordable Housing Payment)
shall be required to be satisfied only once, and (B) Developer shall not be required to provide any
of the community benefits required by this Community Benefits Plan prior to the Commencement
Date.
2. Defined Community Benefits. Developer will provide the following community
benefits, which are based on the Defined Community Benefits set forth in Schedule 5.16 of the
Lease, having a total value of $54,500,000:
(a) Developer will contribute $25,000,000 (i.e., the Affordable Housing
Payment) to the City for the City's use in accordance with Section 4.6 of the Lease, in its
sole discretion, to support affordable housing and other community initiatives.
(b) Developer will restrict 15 multifamily units in the Project (the "Affordable
Rental Units") to the applicable rents established by the Florida Housing Finance
Corporation (or such successor organization), which rents may increase on an annual basis,
for individuals and families earning no more than 60% of the area median income for
Miami -Dade County. The estimated value of this benefit, as a reduction from estimated
market rents over the Lease Term, is $7,500,000. Prior to the initial bifurcation of the
Leasehold Estate pursuant to Section 10.2 of the Lease, Developer will designate the
portion or portions of the Project within which the Affordable Rental Units will be located
(the "Affordable Rental Units Component") and the Bifurcated Lease for such portion
of the Project will contain the requirements of this paragraph 2(b); provided, however, that
all of the Affordable Units shall be included within the Required Residential Tower unless
the Optional Residential Tower is constructed and made available for occupancy, at which
EXECUTION VERSION
time the Affordable Rental Units may be allocated between the Required Residential
Tower and the Optional Residential Tower at the sole discretion of Developer with prior
notice to the City. For the avoidance of doubt, Developer shall not be permitted to allocate
the Affordable Rental Units between the residential towers in any manner that results in a
reduction (on either a temporary or permanent basis) in the number of Affordable Rental
Units provided in accordance with this paragraph. The Affordable Rental Units will further
be subject to the following:
(i) Developer will utilize commercially reasonable efforts to market the
Affordable Rental Units to seniors and veterans that otherwise qualify under
applicable law and any non-discriminatory tenant requirements established by
Developer for the occupancy of the Affordable Rental Units. Developer will
maintain a waitlist of eligible seniors and veterans and offer available Affordable
Rental Units to the qualified individuals on the waitlist on a first -come, first -served
basis. To the extent that the City pre -qualifies prospective tenants for the
Affordable Rental Units and provides the information to Developer, Developer will
add such individuals to the waitlist based upon the date such information is
submitted to Developer. To the extent the provisions of this paragraph 2(b)(i) are
determined by either City or Developer, each in its reasonable discretion, or by a
court of competent jurisdiction or applicable regulatory authority, to conflict with
any laws or regulations applicable to the Affordable Rental Units, as such laws or
regulations may be amended or interpreted for the duration of the Lease Term, then
the provisions of this paragraph shall not apply.
(ii) The 15 Affordable Rental Units will consist of 1-bedroom, 1-bath
units with a minimum size of 600 hundred square feet. Each Affordable Rental
Unit will be similarly designed, appointed and constructed as the other residential
units in the Project (except as to number of bedrooms and bathrooms), each of
which will contain complete facilities for living, sleeping, eating, cooking and
sanitation for an individual or a family, including a living area, a sleeping area
(which living and sleeping area will be combined for studio units), bathing and
sanitation facilities and cooking facilities equipped with a cooking range,
refrigerator and sink, all of which are separate and distinct from the other units.
(iii) None of the Affordable Rental Units in the Project will at any time
be (i) utilized on a transient basis, (ii) used as a hotel, motel, dormitory, fraternity
or sorority house, rooming house, nursing home, hospital, sanitarium, rest home,
trailer court or park, or (iii) rented for initial lease periods of less than six (6)
months.
(iv) During the Lease Term, all of the Affordable Rental Units will be
rented or available for rent on a continuous basis, except during renovations or
repairs, to members of the general public, and Developer will not give preference
to any particular class or group of persons in renting the Affordable Rental Units,
except to the extent that units are required to be leased or rented to seniors and
veterans pursuant to paragraph 2(b)(i) herein. All tenants of the Affordable Rental
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EXECUTION VERSION
Units will have equal access to and enjoyment of all common facilities of the
Project. Notwithstanding any of the requirements set forth herein to the contrary,
all tenants of the Affordable Rental Units shall be required to comply with the rules
and regulations of the Affordable Rental Units Component and of the Project as a
whole, which shall be enforced in a non-discriminatory manner. Developer will not
discriminate against children of any age when renting the Affordable Rental Units.
For the avoidance of doubt, as a condition of occupancy or leasing, all tenants of
the Project must prepay one month's rent and a security deposit; provided, that the
security deposit for any Affordable Rental Unit shall not exceed one additional
month's rent and all tenants must obtain renter's insurance in amounts (including
applicable deductibles) reasonably required by Developer and the cost for such
renter's insurance shall not be considered part of the tenant's rent for purposes of
calculating the amount of rent that Developer can charge. Further, all tenants of
the Affordable Rental Units will be responsible for all sales, use or similar taxes
imposed on the rent paid by such tenants.
(v) Developer will comply with all applicable fair housing laws, rules,
regulations or orders applicable to the Project and shall not discriminate on the basis
of race, color, sex, religion, familial status, handicap/disability, or national origin
in the lease, use or occupancy of the Project or in connection with the employment
or application for employment of persons for the operation and management of the
Project.
(vi) All tenants lists, applications, and waiting lists (if any) relating to
the Affordable Rental Units shall at all times be kept separate and identifiable from
any other business of Developer which is unrelated to the Project, and shall be
maintained, as reasonably required by the City from time to time, in a reasonable
condition for proper audit and subject to examination during business hours by
representatives of the City.
(vii) With respect to the rent restrictions above, for purposes of
complying with the requirements set forth in paragraph 2(b) above, if the income
of an individual or family resident in an Affordable Rental Unit did not exceed the
applicable income limit (adjusted for family size) at the commencement of such
resident's occupancy, the income of such individual or family shall be treated as
continuing to not exceed the applicable income limit as long as such Affordable
Rental Unit remains a Rent -Restricted Unit. The preceding sentence shall cease to
apply to any individual or family whose income, as of the most recent
determination, exceeds one -hundred -forty percent (140%) of the applicable income
limit (adjusted for family size), if after such determination, but before the next
income determination, any Affordable Rental Unit of comparable or smaller size in
the Project is occupied by a new individual or family resident whose income
exceeds the applicable income limit (adjusted for family size) for the applicable
Affordable Rental Unit. For purposes of this paragraph, the term "Rent -Restricted
Unit" shall mean an Affordable Rental Unit where the gross rent with respect to
such unit does not exceed thirty percent (30%) of the imputed income limitation
EXECUTION VERSION
applicable to such unit (which, for the avoidance of doubt, is 60% of area median
income of Miami -Dade County notwithstanding any such higher individual or
family income permitted in accordance with this paragraph).
(c) Within 120 days after the Commencement Date, Developer will fund a
severance package for the existing Hyatt Regency's Union employees in accordance with
the terms negotiated by Developer and UNITE HERE Local 355; provided, however, that
the cumulative cost to Developer of such severance package shall be no less than
$3,000,000, it being understood and acknowledged that Developer, on November 17, 2023,
paid $1,115,497 in qualifying severance benefits in partial satisfaction of this Section 2(c).
(d) Within 180 days after Commencement of Demolition, Developer will make
available at no charge to Local Charities the existing FF&E in the hotel owned by
Developer (excluding any FF&E leased or licensed to Developer or owned by tenants,
manager, employees, or other third parties) that Developer, in its reasonable discretion,
concludes is in a serviceable state of repair, the estimated value of which is $2,500,000.
For purposes of this subparagraph (d), Local Charities shall mean The Salvation Army,
Goodwill Industries of South Florida, Inc., and any other not -for -profit organizations
identified by the City in writing within thirty (30) days after the Commencement Date (and
such written list of organizations shall, upon receipt by Developer, be appended to this
Community Benefits Plan as Exhibit A).
(e) Within 24 months after the issuance of a temporary Certificate of
Occupancy for the Minimum Initial Program or as otherwise required by the Art in Public
Places ordinance, Developer will spend 1.5% of total Project construction costs
(approximately $15,000,000) in connection with the Art in Public Places program.
Developer will work collaboratively with the City to administer and implement the
procedures of the Art in Public Places program set forth on Exhibit B.
(f) Developer will make available to the City at no charge the use of a portion
of the Event Space (as defined in the Minimum Initial Program) for up to 12 City Use
Blocks (as defined below) per Lease Year on the following terms and conditions:
(i) Developer shall not be required to make available to the City any
portion of the Event Space in excess of the portion of the Event Space required
under applicable law to host the lesser of (A) 200 persons and (B) the number of
anticipated attendees identified by the City in the notice required by paragraph (iv),
below.
(ii) The right to use is specific to the City, may only be used for non -
revenue generating municipal purposes, and may not be assigned or transferred to
any other party;
(iii) The right to use is subject to availability of the space on the date and
time period requested by the City;
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EXECUTION VERSION
(iv) The City must give Developer not less than 60 days' and not more
than 180 days' prior written notice of its desire to use Event Space, which notice
must specify the requested date, time, and length of meeting, and the use, number
of people to use the space, and any ancillary services that are requested (e.g., food
and beverage or audio/visual support, collectively, the "Ancillary Services");
(v) No Ancillary Services may be utilized by the City in connection
with its use of the Event Space except for those Ancillary Services timely requested
by the City and procured by Developer;
(vi) Developer reserves the right to select the location of the Event Space
to be made available in connection with each such City request;
(vii) Developer reserves the right to identify up to 30 days each Lease
Year for which no use or only limited use by the City is permitted, and Developer
may change such dates only upon prior written notice to the City;
(viii) The City is responsible for the cost and expense of any Ancillary
Services and parking provided in connection with its use of the Event Space;
provided, however, that the City will be entitled to a 10% discount from the
generally applicable rates for Ancillary Services and parking; and
(ix) The City must comply with the generally applicable rules and
regulations established by Developer from time to time in connection with the use
of Event Space.
For purposes hereof, the term "City Use Blocks" means periods of time not to
exceed twelve (12) hours on any calendar day.
(g) Within thirty (30) days after the Commencement Date, Developer will
contribute $1,500,000 to the City for the City to use to improve Ft. Dallas and its historic
buildings.
3. Conceptual Community Benefits. Developer will provide the following
additional community benefits, which are based on the Conceptual Community Benefits set forth
in Schedule 5.16 of the Lease, having a total estimated value of $25,000,000:
(a) Developer will provide at least $10,000,000 in off -Site traffic
improvements to mitigate the traffic situation, which measures are anticipated to include
the widening of 4th street, signal light synchronization, new bike lanes & sidewalks,
walkway under bridge and a new pedestrian bridge to the metro mover (collectively, the
"Off -Site Traffic Improvements"). The Off -Site Traffic Improvements will be
constructed substantially in conformance with the plans approved by the City Manager
attached as Exhibit C, as the same may be modified with the City Manager's approval in
accordance with the standards and procedures for approving changes to plans set forth in
Section 5.3 of the Lease.
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EXECUTION VERSION
(b) Developer will provide 480 feet of upgraded Riverwalk and increased open
space (over an acre) at an estimated cost of $15,000,000 (the "Riverwalk and Open Space
Improvements"). The Riverwalk and Open Space Improvements will be constructed
substantially in conformance with the plans approved by the City Manager attached as
Exhibit D, as the same may be modified with the City Manager's approval in accordance
with the standards and procedures for approving changes to plans set forth in Section 5.3
of the Lease. For the avoidance of doubt, Developer shall have the right to use the Open
Space Improvements for events and other uses in accordance with the terms and conditions
of the Lease.
(c) After completion of the Minimum Initial Program, Developer will
coordinate with local resources, such as the Southeast Overtown Parkwest Community
Redevelopment Agency (prior to the expiration of such agency), and other such
organizations that support and encourage minority businesses, to identify and select space
lessees and other operators of the ground -level food hall to achieve a participation goal of
no less than 20% of the restaurant and service space lessees and/or operators being minority
residents and/or minority -owned businesses within the City of Miami, including at least
one such resident or business from each of the five Commission Districts ("Minority
Participation Goal"). For the avoidance of doubt, the Minority Participation Goal shall
not: (1) apply to any components of the Project outside of the ground -level food hall, which
is anticipated to be approximately 5,000 square feet of gross floor area, (2) require
Developer to discount rent to attract such businesses, or (3) require that Developer leave
any food -hall spaces vacant for more than 30 days in the event that Developer utilizes
commercially reasonable efforts to comply with the participation goal and cannot locate a
suitable tenant to fill any vacancy. Developer shall engage an organization experienced
in fulfilling and managing minority -participation requirements in Miami -Dade County to
(A) assist Developer in meeting the Minority Participation Goal and (B) provide the City
a report, on an annual basis and in a format approved by the City Manager in his or her
reasonable discretion, confirming Developer's compliance with the requirements of this
Section 3(c).
(d) Developer will implement the staffing plan attached as Exhibit E (the
"Staffing Plan") for the employment of formerly incarcerated persons (i.e., "returning
citizens") in connection with aspects of the construction of the Project without materially
impacting the cost, timeline, or risks associated with the development of the Project.
4. Monitoring. Commencing 90 days after the Commencement Date and continuing
until Developer has satisfied all of its obligations under this Community Benefits Plan, Developer
will provide the City Manager with a written report at least quarterly setting forth Developer's
progress toward satisfying its obligations under this Community Benefits Plan. Prior to the
issuance of the final Certificate of Occupancy for the Minimum Initial Program, Developer will
provide the City Manager with a written report of all Developer's obligations under this
Community Benefits Plan satisfied as part of the development of the Minimum Initial Program.
With respect to any of Developer's obligations under this Community Benefits Plan to be satisfied
after completion of all vertical improvements within the Minimum Initial Program, Developer will
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EXECUTION VERSION
provide the City Manager with annual monitoring reports after completion of all vertical
development within the Minimum Initial Program confirming and evidencing Developer's
satisfaction of such surviving obligations under this Community Benefits Plan. All reports
required from Developer pursuant to this Community Benefits Plan shall be in a form required by
the City Manager and shall contain such information and include such back-up information as may
be reasonably required by the City Manager to confirm Developer's compliance with this
Community Benefits Plan. In addition, said reports and all back-up information supporting said
reports shall be subject to audit and inspection by the City Manager.
5. Audit. The City Manager will have access to, and the right to audit, examine, or
reproduce, the financial books and records of Developer related to this Community Benefits Plan.
Developer must retain all such records for a minimum period of six (6) years from completion of
the Minimum Initial Program, or for such longer period of time as required by federal or state law
or in connection with the completion of any audit in progress. Developer must keep all financial
records in a manner consistent with generally accepted accounting principles. Access must be
provided to the City Manager or its agents during normal business hours to review the requested
records no later than ten (10) calendar days after the written request is made by the City Manager
or its authorized representative. Construction contracts related to this Community Benefits Plan
shall also include the same right to audit the records of the general contractor in favor of the City
Manager. The parties do not intend for Developer's compliance with this paragraph 5 to be
construed as a waiver of Developer's ability to assert any valid exemptions to Chapter 119, Florida
Statutes, with respect to the records inspected by the City Manager hereto.
6. Release of Obligations. Upon satisfaction of any of Developer's obligations under
this Community Benefits Plan, Developer will have no further obligation to comply with, and will
be automatically released from, such obligation and at the request of Developer, the City Manager
will execute and deliver to Developer a recordable instrument reflecting that Developer is released
from such obligation in form and substance reasonably acceptable to Developer. For the avoidance
of doubt, Developer shall not be released from those obligations set forth in paragraphs 2(b), 2(f),
and 3(c) of this Community Benefits Plan, which, by their nature, are ongoing obligations;
provided, however, that upon request of Developer or any Sublessee or Lender, the City Manager
shall be required to execute an estoppel in form and substance reasonably acceptable to the City
Manager and to Developer (or Sublessee or Lender, as applicable) setting forth the status of
Developer's compliance with such ongoing obligations.
7. Assignment. Developer, in its sole and absolute discretion, may assign (a) all its
obligations under this Community Benefits Plan in connection with Developer's assignment of all
of its rights under the Lease, or (b) any portion of its obligations under this Community Benefits
Plan related to a specific component of the Project in connection with Developer's assignment of
its rights under the Lease to a lessee of such component of the Project through a Bifurcated Lease,
in each case, upon written notice given to the City Manager. Any such notice of assignment shall
indicate: (i) the name of the assignee and the assignee's contact information, (ii) the portion of
Developer's obligations under this Community Benefits Plan being assigned, and (iii) any other
terms or provisions applicable thereto and mutually agreed to as between Developer and the
assignee. Upon the assignment of all of Developer's obligations under this Community Benefits
Plan, the assignee will be solely responsible for satisfying such obligations and Developer will be
EXECUTION VERSION
automatically released from all such obligations. Upon the assignment of a portion of Developer's
obligations under this Community Benefits Plan in connection with a Bifurcated Lease for a
specific component of the Project, the tenant under such Bifurcated Lease will be solely
responsible for satisfying such obligations, and Developer will automatically be released from all
such obligations.
8. Amendments. The City Manager, in his or her reasonable discretion, may approve
amendments to this Community Benefits Plan provided that any such amendment does not
materially decrease the total value of the community benefits to be provided to the City and does
not materially change, in any respect, the community benefits set forth in paragraph 2 above and
is at all times in compliance with the Charter Amendment.
9. No Recordation. Neither this Community Benefits Plan, nor a memorandum
summarizing the material terms of this Community Benefits Plan, may be recorded in the public
records by any party.
[SIGNATURES FOLLOW]
8
EXECUTION VERSION
PROFFERED BY:
HRM OWNER, LLC, a Delaware limited liability company
By:
Name: Thomas Bezold
Title: Vice President & Treasurer
ACCEPTED AND APPRO I D BSA':
ocu igned by:
ATTEST:
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CITY CLERK
APPROVED AS TO INSURANCE
REQUIREMENTS:
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Name tnnearie harpe
By:
Risk Management Director
CITY:
CITY OF MIAMI, a municipal corporation
of the State of Florida
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By: VV
DocuSigned by:
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Arthur Norriega V, CITY MANAGER
APPROVED AS TO LEGAL FORM &
CORRECTNESS:
e—DocuSigned by:
By: b, ra
Name: John D.4te92...
Interim City Attorney
(JMB-Matter #22-848)
9
EXECUTION VERSION
EXHIBIT A
City of Miami Charities and Organizations to Receive Hotel FF&E
[To be provided by City within 30 days after Commencement Date]
EXECUTION VERSION
EXHIBIT B
City of Miami Art in Public Places Program
EXHIBIT B
CITY OF MIAMI ART IN PUBLIC PLACES MASTER PLAN AND
PROGRAM GUIDELINES
Introduction
History. On January 12th, 2017, pursuant to Ordinance No. 13656 and 13657 the Miami City
Commission enacted Phase I of the Art in Public Places Program; established the Art in Public
Places Program, the Public Art Fund, and the Art in Public Places Board ("Board").
In 1967 the City of Miami had the vision and foresight to adopt the first public art program in
Miami -Dade County, however in 1988 due to changes in the administration the program went
dormant. The City has since reestablished its commitment to create a stimulating and diverse
cultural environment that reflects, defines, and enhances the City's heritage, values, and visions
for the future through art integrated in the architecture, infrastructure and landscape through the
re -adoption of the art in public places program in 2017.
The City of Miami recognizes that the aesthetic diversity provided by art within the City's built
environment is vital to the quality of the life of its citizens and to the economic success of its
businesses as it attracts visitors and potential residents, fuels the local economy by creating job
opportunities, and assists the City in fulfilling its mission to make Miami a premier, world class city
in which to live, work and raise a family.
The Ordinance and the Art in Public Places Program. Ordinance No. 13656 and 1365782-112
establishes the Art in Public Places Program, and provides for the set -aside of not less than 1'/2
percent of the construction cost of City capital projects for works of art in public places. Funds for
art may be aggregated, and may be used for the acquisition of works of art in, on or near
government projects, or at existing government sites, and for program operating costs. Art work
funds are deposited in an Art in Public Art Fund, from which expenditures are made by the Board
in accordance with Chapter 62, Article XVI of the City Code titled "Art in Public Places" for
acquisition of art work, for its care and maintenance, and for program operating costs.
This Public Art Master Plan is intended to be interim until the adoption and execution of the City's
own Public Art Master Plan as a result of the RFP.
Pursuant to Section 62-655 the Ordinance established the Art in Public Places Board ("Board").
The Board with the assistance and recommendations of the planning department, public art
division, and all other city departments, as necessary, has the functions, duties, and powers as
follows:
(1.)To recommend the public art program guidelines and amendments to the public art
program guidelines thereto to the city commission;
(2.)To recommend the public art master plan and amendments to the public art master plan
thereto to the city commission;
(3.)To approve expenditures of the public art fund as proposed by the city manager or his/her
designee;
(4.)To approve, approve with conditions, or deny proposed installations, dedications, or
donations of art, based on the public art program guidelines and the public art master plan;
and
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(5.)To act on any other art in public places related matter as assigned by the city commission.
(6.)Notwithstanding section 18-115, the AIPPB shall have the authority to accept donations
of art in excess of $25,000.00 in accordance with this article.
Vision
Arts and culture in the City of Miami inspire openness and change, reflecting its people, diverse
population, history, innovation, resilience and the beauty of its natural and built environment.
• The City of Miami will adopt the Public Art Master Plan as the guiding document for all
artwork proposed for City property and the public realm in general.
• The Art in Public Places Board will be the steward of this vision, serving as a resource and
leading the City's efforts to use public and private funds to improve the public realm.
• The City's Public Art Program will oversee the collection of artworks that are placed on
City property and manage public art projects commissioned for City buildings, parks and
infrastructure.
THE MASTER PLAN
The purpose of the Master Plan is to insure a coherent acquisition program for Art in Public
Places, the City of Miami and to provide a framework which guides art work acquisitions. The
Master Plan establishes criteria and policies for the Art in Public Places program and priorities for
art work at certain tourist -oriented locations in the City, as called for in the Ordinance.
For the purposes of the Master Plan, "art in public places" means "works of art of exceptional
quality executed on an appropriate scale and for general public access in public places other than
museums, which enrich and give dimension to the public environment".
Section 1. Goals.
The principal goals of the Art in Public Places Programs are:
A. To enhance and preserve the artistic heritage of the City of Miami and Miami -Dade
County;
B. To enrich the public environment for both residents and visitors to the area through
incorporation of the visual arts;
C. To enable the City of Miami to attain recognition as a national leader in art in public places
and in cultural life;
D. To increase public access to works of art, and to promote understanding and awareness
of visual arts in the public environment throughout the city;
E. To enhance the climate for artistic creativity in the City of Miami and Miami -Dade County
and to elevate the role the artist and the creative process plays in connecting people and
place.
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F. To provide equitable access to a diversity of artists and artistic experiences, with emphasis
towards local artists.
G. To Celebrate our community's cultural assets, highlighting the unique character of our
neighborhoods, honoring their histories, and preserving quality of place.
H. To encourage multidisciplinary collaboration in the public and private sectors to create
vibrant public spaces.
I. To strengthen diversity, equity and inclusion in the arts and cultural sector for all residents
of the City of Miami, and
J. Expand resources to support the creation of public art throughout the city.
Section II. Criteria.
A. Standard of Excellence
Acquisitions for Art in Public Places shall be, in the judgment of recognized art experts, of
exceptional quality and enduring value. Selection of works of art shall be in accordance
with Section 62-658 of Article XVI of Chapter 62 of the City Code.
B. Appropriateness to Site
Relationship of art work and site shall be considered in terms of the physical dimensions,
social dynamics, local character and surrounding urban context of the site, existing or
planned and as further described in Section 62-658(2).
Section III. Policy.
A. Art Funds - Prohibition of Use
Public Art Funds shall not be spent for:
1. Reproductions or unlimited editions of original work;
2. "Art objects" that are mass produced;
3. Works that are decorative, ornamental or functional elements of the architecture
or landscape design, except when commissioned from an artist as an integral
aspect of a structure or site; or
4. Architectural rehabilitation or historical preservation, although works may be
acquired in connection with such projects.
See Section 62-658(2) titled "Selection criteria" and Section 62-661 titled "Creation of the
Fund".
B. Focus of Art in Public Places
In concert with the City of Miami and Miami -Dade County's development, which
emphasizes contemporary architecture, the focus of Art in Public Places shall be
contemporary art. This shall not however, preclude the acquisition of important historical
works which provide a context for contemporary art, where most appropriate for the site.
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C. Relationship to Site
The Art in Public Places Board views art in public places as a dynamic process, which
challenges artists to respond innovatively to Miami's unique subtropical environment.
1. In order to encourage works which respond to the City's rich physical setting and
diversity of public sites, commission of new works shall have priority over
purchase and siting of existing works.
2. Collaboration between artists and architects in the design process shall be
encouraged to promote the integration of art work and site.
D. Diversity
Recognizing the multi-lingual and multi -cultural nature of the City of Miami and Miami -
Dade County's population, the Board shall promote diversity and pluralism in art in public
places, which shall reflect as wide range of expression as possible.
E. Responsibility to the Community
The Board recognizes that works of art often significantly alter public places, becoming a
major new presence in the environment. In recent decades, visual art has rapidly evolved
and diversified, creating at times a gap between contemporary art and its appreciation by
the general public. The program shall endeavor to bridge this gap, by broadening
community awareness of the issues involved in contemporary art and its historical context
and encouraging informed debate among all segments of the community.
F. Professional Conduct
The Board shall oversee the acquisition of public art on the basis of informed and carefully
considered professional judgment. The Board shall also foster a professional approach in
dealings with artists, supporting the artist's aesthetic judgment in the interest of always
securing the best possible work.
G. The Private Sector
The City Commission shall refer to the Board proposed donations of works of art or
funds for the acquisition of works of art in public places from the private sector.
Acceptance or rejection of proposed gifts is based on the criteria and policies established
in the Master Plan and as further outlined in Chapter 62, Article XVI of the City Code and
Chapter 11 of the Miami 21 Code titled "Art in Public Places".
Section IV. Art Work at Tourist -Oriented Locations
A. Major Facilities.
Art work projects will be developed in concert with Tong -range facility planning. A balance
will be sought between works on a large scale and works which relate to areas where
people congregate, wait, rest or engage in social activity. Location of art works,
advertising, functional installations and signage will be planned to avoid conflicts.
1. Sports Venues. As the principal destination area for sports and entertainment in the
greater Miami area, sports venues offer a unique opportunity to display the area's cultural,
Page 4 of 12
historic and environmental diversity through the integration of public works of Art. Priorities
for art work(s) include:
a. Major entry and exit points.
b. visitor areas, plazas and principal facades
c. Perimeter areas which interface with surrounding communities, where works of
art can provide amenities and encourage use by the public to ease the transition
between the sports venue and its surroundings.
d. Areas visible from surrounding thoroughfares and public places
B. Systems: Parks, Waterfronts, Thoroughfares, and Infrastructure
Art work projects will be planned in concert with system -wide development. Art works may
enhance the continuous features which Zink elements in the system, or the individual and
variable location character of sites within it. and as further described in Section 62-658
titled "Selections of works of art".
1. Parks. Art work projects for parks will recognize the leisure activities accommodated
at individual sites, the extent to which users are drawn from primarily local or regional
and visitor populations, and the urban or suburban character of the park's
surroundings. Park and beach sites are seen as excellent opportunities for art works
that offer tactile experiences, invite interaction or participation, establish resting places
or focal points, or respond to natural elements or landscape features at the site. Priority
will be given to:
a. Sites not used exclusively for programmed activity or active recreation.
b. Sites under development or improvement, where art works can be integrated
through the planning and design process.
2. Waterfront. As major resources which are extensively used by residents and visitors,
and strongly identified with the City of Miami and Miami -Dade County's image, the
waterfront represent an opportunity for artists to respond to their special
environmental characteristics. Emphasis will be placed on:
a. Environmental features such as water, light, wind, sand and air.
b. Sites under development or improvement where art works can be integrated
through the planning and design process.
c. Historical context and relationship to the waterfront.
3. Thoroughfares. Art work projects will recognize the urban design functions of
thoroughfares as major vehicle movement routes, as pedestrian passages, as visual
links and terminating vistas within the cityscape. Priorities will include:
a. Pedestrian passage, promenades, paseos, malls and routes which open onto
important public spaces and centers of activity.
b. Thoroughfares, traffic circles, which function as strong visual links and
directional orientations.
Page 5 of 12
C. Infrastructure. Quality public infrastructure projects provide opportunities to define and
enhance the urban fabric and elevate the city's commitment to excellence in urban design.
Incorporating public art in infrastructure projects provides an opportunity to bring public art
to every neighborhood, providing art that reveals its unique identity and character.
Creating a public art collection that celebrates the city's many cultures and histories.
Opportunities for the integration of public art may include artist -designed infrastructure
elements, such as but not limited to seawalls, the baywalk, pump stations, sound -walls
and utility structures, as well as artist -designed street furniture, such as benches, bus
stops, tree grates, manholes, lighting, crosswalks, paving, etc.
Off -site Government Public Infrastructure improvements such as but not limited to
Roadway improvements, resurfacing, re -milling, restriping, road drainage improvements,
street -lighting excluding structures shall be exempt from Public Art requirements.
Section V. While certain priorities for art works are identified, this shall not preclude consideration
of exceptional opportunities for art work(s), where they are in keeping with the criteria and policies
established in the Master Plan.
PROGRAM GUIDELINES
The Guidelines govern the manner and method of the submission of proposed works of art to the
Professional Advisory Committee ("PAC"), the process by which the PAC shall make
recommendations to the Board members and the process by which the Board members shall
approve acquisitions, as called for in the Ordinance. Section 62-658.
Section I. Art Work Projects
A. Development of Projects
The Art in Public Places Board oversees the implementation of individual art work projects
in accordance with the master plan. Art in Public Places staff works with other City staff to
identify construction projects eligible under the Ordinance for the allocation of art funds.
Before considering any request for waiver of the art allocation, the Board will seek a
recommendation from the Art in Public Places staff. Art funds are then deposited into the
Public Art Fund in accordance with Article 11 of the Miami 21 Code and Section 62-661
of the City Code. Staff researches and identifies planned construction projects and existing
facilities in the county City which are potential art work sites. An inventory or of artwork
sites is then established and continually updated, to include for each site: current
information on the extent of public access, special user groups involved, environmental
conditions, the surrounding community or urban area, and the design and construction
schedule for each site. The Trust Board on an annual basis approves an art work budget
which designates art work projects, the allocation of funds and the method of art work
selection for each project, consistent with the Master Plan. A selection committee and an
ad -hoc liaison committee is appointed for each group of related sites or major project.
Page 6 of 12
B. Guidelines for Art Work Projects
Siting. Art work shall be sited as an integral part of a construction project, or may be sited
at other public places under City's jurisdiction or by agreement with other governmental
or private entities. At a given art work project site, several locations for art work may be
identified, or the PAC selection committee or the selected artist may be asked to propose
one or more locations for art work. In any case, siting shall be subject to the approval of
the Board, and in consultation with the City departments.
Section III. Professional Advisory Committees
An ad -hoc committee is appointed for each acquisition or related group of acquisitions. Each PAC
shall be convened to review artists' submissions and to make selection recommendations to the
Art in Public Board for each acquisition.
Professional Advisory Committee (PAC)
The PAC shall be convened to review artists' submissions and to make commission
recommendations to the Art in Public Places Board for each acquisition.
A. Composition
Each PAC shall consist of five (5) voting members appointed as follows:
(1) The AIPP Board shall appoint three voting members which shall serve for a term of
two years.
(2) The District City Commissioner, in which the public art is to be located, shall appoint
up to two (2) temporary voting members for each public art project.
(3) PAC members shall have a professional background in the arts or art related field.
(4) PAC members serving two-year terms shall receive compensation for reviewing
artists submittals for city projects.
B. Duties
(1) The Professional Advisory Committee will screen submissions and will recommend
to the Board for each acquisition not more than five (5) possible selections, which
may be existing works of art or new commissions in accordance with Section 62-658.
(2) To recommend amendments to the public art master plan and the public art program
guidelines thereto to the Public Art Board.
(3) Serve as the advocacy body for the Public Art Program and participate in community
outreach activities and events.
(4) To act on any other art in public places related matter as assigned by the Board.
Section IV. Art Work Selection
Art work may be acquired by commissioning new work specifically for the site, or by purchasing
existing work. Selections are made in accordance with the criteria set forth in the Master Plan and
Section 62-658 titled "Selection Criteria" of the City Code.
A. PAC Selection Committee
Staff assigns and schedules the PAC selection committees. The PAC selection committee
recommends a minimum of three (3) and no more than five (5) choices for acquisition and
submits a written report of its recommendations to the Board.
Page 7 of 12
B. Announcement
Commissions of art are widely publicized in advance of the selection committee meeting.
Announcements inform artists of the method of selection and of submission requirements.
C. Review of Artists
Consideration of artists is by review of work or by review of proposals.
1. Review of work. Digital or visual representations of recent work are reviewed by the
PAC selection committee. Proposals for the site are not requested or considered at
this time. PAC selection committee members may propose artists for consideration
from these submitting, or from others at large.
2. Review of Proposals. Artists submit site specific proposals for the site to the PAC
selection committee for review.
D. Methods of Selection
Art work(s) selected in accordance with Section 62-658 and as further described below;
1. Direct purchase. The PAC selection committee in consultation with city staff
recommends acquisitions on the basis of review of work.
2. Invitation. The PAC selection committee recommends a limited number of artists on
the basis of review of work. The selected artists are invited to prepare proposals for
the project, and are paid according to the scope of the work. The PAC selection
committee then reviews the proposals and recommends acquisitions.
3. Open competition. The PAC selection committee reviews proposals submitted by
artists in response to the project advertisement, and (a) recommends artists for
acquisition or (b) recommends a limited number of artists who are paid to develop
more detailed proposals. The PAC selection committee then reviews these developed
proposals and recommends acquisitions.
4. Limited competition: A limited number of artists are invited by the PAC in
consultation with staff to submit credentials and/or proposals for a specific project.
Artists are invited, based on their past work and demonstrated ability to successfully
respond to the conditions posed by the particular project (i.e., water features, light
works, paintings, sound works, landscape works, design team efforts, etc.), or based
on other non -aesthetic Public Art Program goals (i.e., artists who reside in a particular
community or neighborhood where a project is occurring, local artists or regional
artists, etc.).
5. Pre -Qualified Artists Lists: Public Art staff, from time to time, may pool from a pre -
qualified artists list for the commissioning of art works for small, municipal projects,
where a separate artist selection panel may not be warranted. The pre -qualified artists
list should be reviewed annually by the Board with a recommendation from staff.
6. Donation; or
7. Any combination of the above.
E. Board Approval
Each acquisition must be approved by the Board. Approval shall require a majority vote of
a quorum present at a duly called meeting of the Board. Prior to Board review of a proposed
acquisition, technical feasibility and maintenance acceptability are investigated by staff, in
consultation with the agency responsible for the site and with the assistance of technical
consultants if required, and a report is made to the Board.
Page 8 of 12
F. Administrative Approval for Temporary Works of Art
The Public Art Manager or designee shall have the authority to approve, approve with condition(s)
or deny temporary installations of art works that are part of, or associated with an art fair or art
event for a period not to exceed six (6) months. Extensions of time may be granted, subject to
approval from the Board in accordance with Article XVI of Chapter 62 of the City Code titled "Art
in Public Places".
Section V. Implementation
Following Board approval of an acquisition, Art in Public Places staff prepares and negotiates the
contract for purchase or commission of the work and the contract is approved by the Board and
executed by the City Manager or designee. Liaison between the artists or provider of the work
and City departments or agencies in the administration of the contract is provided by Art in Public
Places staff. Dedication of the work is coordinated with the ad -hoc liaison committee for the
project.
Section VI. Public Information and Community Education
Public information and education activities will be supported to bring the public, the visual arts
and artists closer together through informed discussion of art in public places and its history.
Extensive efforts will be made to promote art in public places as a significant cultural resource to
residents and visitors.
A. Art work project
Information on art work projects, the artists involved and progress of their work will be
disseminated regularly, and the Board will seek to provide opportunities for dialogue
between artists and the public.
B. Working with local arts and community organizations and with both print, digital, social
and broadcast media, the Board seeks to develop greater awareness of the City of Miami
Art in Public Places Program, its diversity, and the cultural resource it offers residents and
visitors. The program will initiate and cooperate with activities designed to stimulate public
understanding of the visual arts and awareness of art in public places in the City of Miami.
Activities may include conferences, symposia, tours, information easily accessible in
public places, special media programming, cooperative programs with educational and
arts institutions and organizations, special activities coinciding with artwork dedications
and other events in the community.
Section VII. Care and Maintenance of Art Works
The Art in Public Places Program per Section 62-662 is responsible for the care and maintenance
of art work acquired under the City's Art in Public Places Program. A system providing for the
care and maintenance of art in public places acquisitions will be developed and administered by
the Art in Public Places staff. The system will provide for location, documentation, tracking,
condition monitoring, and repair or relocation of works. Consultants may be retained, as
necessary, to design and implement the system.
Page 9 of 12
Section VII1. Documentation
The art work selection, acquisition and installation process will be accurately recorded, and the
construction or provenance of each work acquired fully documented.
Section IX. Gifts of Works of Art
Proposed gifts to the City of work(s) of art into the art in public places collection, or of fund for the
acquisition of works of art in public places, are referred to the Trust Board and shall be reviewed
in accordance with Chapter 62-658, and;
A. Proposed gifts of works of art are referred to the PAC for their review and
recommendation to the Board. Review is based on the criteria established in the Master
Plan and in the City Code, on the work's condition, its appropriateness for a given
available site, and its maintenance acceptability.
B. Proposed gifts of funds for the acquisition of works of art, if restricted or dedicated in any
way, are reviewed to ensure that such restrictions or dedications, are consistent with the
Master Plan.
C. Proposed gifts of sites for works of art are reviewed by the Board to insure consistency
with the Master Plan.
Section X. Entitlements per Miami 21
The Planning Director, may make a referral to the Art in Public Places Board for a
recommendation on Art related items associated with but not limited to, a development project,
development agreement, regulating plans, Special Area Plans, Warrant(s), Waiver(s),
Variance(s) and or Exception(s).
Section XI. Urban Design Framework for Public Art in Special Area Plans
Incorporating public art into the fundamental aspects of planning of large-scale development
projects, elevates the quality of the urban environment and promotes a cohesive vision for the
development project and its connection with the immediate neighborhood. Including public art
considerations in Special Area Plans and Regulating Plans redefines the relationship of art to
urban space as an integral part of the built and the natural environment, as outlined in Article 4,
Table 12 titled "Design Review Criteria" of the Miami 21 Code.
All appropriate planning documents associated with a Special Area Plan should contain a set of
prioritized public art goals and opportunities including but not limited to the following:
• Identify and define public art goals, guidelines, and opportunities that include the
examination of character, connections, history, and culture.
• Outline criteria for placement of public art, including appropriate material and scale.
Page 10 of 12
• Classify and identify high -visibility placement opportunities for the integration of public art
that promote pedestrian interactions, incorporate works of art into architecture that
activates facades and the public realm.
• Describe programming ideas for temporary public art installations.
Section XII. Public Art Grants
Art and culture play an important role in fostering the environment in which communities and
people thrive. With public engagement and education at its core, it is the intent of the Public Art
Program to financially support projects that span across artistic disciplines through its grant
program. Grants may be awarded as described below and as outlined in Section 62-661 titled
"Creation of the public art fund".
• Projects that activate civic and public spaces through temporary or permanent public art
installations, events, performances, and happenings.
• Direct funding to artists and organizations that initiate new public art or preserve and
amplify existing artistic and cultural assets.
• Projects that support and celebrate neighborhoods through the visual and performing arts.
• Projects that promote collaborative programs to transform vacant and underutilized
properties in neighborhoods through the arts.
• Projects that support arts organizations that expand resources and programming in
economically challenged neighborhoods, including programs for youth development and
inclusion.
• Projects that enhance and support Miami -Dade County Public Schools visual and
performing arts programming.
Arts Internship Grant Program
The Public Art Program shall establish a grant for current college students whose principal
address is located within the City of Miami and who wish to pursue a career in Public Art
Management, Curating, Arts Programing, Arts Education or related field through a paid Arts
Internship Program ("AIP"). The Public Art Program will partner with the City, and other
nonprofit (501)(c)(3) institutions to provide a wide array of professional development
opportunities. The AIP shall be funded through a grant from the Public Art Fund subject to
available funding.
The intent of AIP program is to support and strengthen the cultural sector of the City of Miami
by providing access to high -quality opportunities for college students of all backgrounds to
gain experience, understanding, and transferrable skills relevant to careers in the arts, the
creative economy, and engagement in public life.
Page 11 of 12
Section XII. Conflicts
Where any of the provisions of the City of Miami's Public Art Master Plan are found to be in conflict
with the applicable requirements of any law, statute, rule, regulation, ordinance, or code, the most
restrictive or that imposing the higher standard shall govern.
Adopted unanimously by the Miami City Commission on 3/10/2022 pursuant to Resolution No. R-22-0107
Page 12 of 12
EXECUTION VERSION
EXHIBIT C
Off -Site Traffic Improvements Plans
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EXECUTION VERSION
EXHIBIT D
Riverwalk and Open Space Improvements Plans
LOT COVERAGE DIAGRAM
OPEN SPACE
ALLOWABLE:
80% OF 187,593 SF =
150,074 SF MAXIMMUM
= 126,986 SF
67.7% LOT COVERAGE
ALLOWABLE: 150,074 SF
PROPOSED: 126,986 SF
AVE OF THE AMERIC '
ALLOWABLE:
10% OF 187,593 SF =
18,759 SF MINIMUM
= 52,771 SF
28.1% OPEN SPACE
REQUIRED:
PROPOSED:
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li'-0'WATERFRONT SETBACK
TRANSRION PASSIVE ZONE
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EXECUTION VERSION
EXHIBIT E
Staffing Plan
General Requirements
Developer shall cause its general contractor utilize commercially reasonable, good faith efforts to
provide employment opportunities to formerly incarcerated persons (i.e., returning citizens), with
preference given to returning citizens who are residents of the City of Miami, in connection with
the construction of the Project by complying with the following requirements:
1. Questions regarding criminal history will be eliminated from employment applications
utilized by the general contractor for unskilled labor positions, and an applicant's criminal
history will only be considered as part of a conditional offer.
2. Unskilled laborers with non-violent felony criminal records shall not be denied
employment by the general contractor solely based upon their criminal record.
3. The general contractor shall utilize commercially reasonable, good faith efforts to require
its subcontractors to comply with the foregoing requirements with respect to construction
workers hired by such subcontractors.
OIC Scope Requirements
Prior to Commencement of Construction of the Project, Developer shall cause its general
contractor to coordinate with OIC of South Florida, Inc., a Florida not -for -profit corporation,
and/or its affiliate OIC Strategic Integration, LLC (collectively, "OIC") to determine which
components of the construction can be safely and efficiently performed by returning citizens under
the supervision of OIC (the "OIC Scope"). By way of example, the OIC Scope may include graffiti
and debris removal, street cleaning, and pressure cleaning.
Developer shall cause its general contractor to utilize commercially reasonable, good faith efforts
to enter into one or more subcontracts with OIC for the performance of the OIC Scope (the "OIC
Subcontracts"). Nothing herein shall require the general contractor to agree to terms in the OIC
Subcontracts that are not commercially reasonable (including, but not limited to, wages, fees,
insurance, or other costs greater than would be customary for subcontractors performing a similar
scope of work without the utilization of returning citizens) or that, in Developer's reasonable
judgment, would impair the timely and cost-effective delivery of the Project in accordance with
the Lease or that do not meet the non-discriminatory requirements of Developer's lenders (for
example, a generally applicable minimum insurance requirement). Upon execution by the general
contractor and OIC, Developer shall provide the City with copies of the OIC Subcontracts.
The OIC Subcontracts shall require OIC to leverage its expertise in the identification, training, and
utilization of returning citizens to hire returning citizens to fulfill the labor requirements of the
OIC Subcontracts. Exhibit E-1 includes a summary of OIC's experience and expertise and a
summary of the measures to be taken by OIC to train and employ returning citizens for the OIC
Subcontracts. Furthermore, to aid in the identification and selection of returning -citizen
EXECUTION VERSION
candidates, the OIC Subcontracts will require that OIC coordinate with other existing not -for -
profits with expertise in assisting returning citizens, including an initial outreach to Transitions,
Inc., and Circle of Brotherhood, Inc.
Exhibit E-1
OIC
OF SOUTH FLORIDA
"Helping People Help Themselves, Through Training & Employment"
Executive Summary
OIC of South Florida (OICSFL) is a community benefit convener and leader implementing its
workforce development and social enterprise model to realize intended employment -related
community benefits successfully. OICSFL's model supports and focuses on community
educational programs, local small business development, local workforce participation, hiring
programs, and contributing to economic and community development projects.
OICSFL is led by President and CEO Mr. Newton Sanon, a local leader committed to advancing
the underserved via vocational training and education. Rooted in the belief that "despite the
many challenges we face, we live in the best country in the world, with boundless
opportunities." An effective convener, Mr. Sanon brings together local industry, local
government, community -based organizations, and residents promoting "awareness, access,
and action" and connecting people with opportunities and businesses with talent.
Our Mission is to be the leader in providing training and skill development to youth and adults
who lack opportunity and resources and offer access to meaningful careers to become
confident and self-sufficient.
The Vision of OICSFL is to live in communities in which all individuals and families are
prosperous
OICSFL has served the South Florida community for over 20 years and has provided services to
over 40,000 youth and adult residents of Broward and Miami Dade counties.
OICSFL attributes its success to its use of evidence -based models and practices and its well -
established and comprehensive process that supports each individual's career pathway by
providing vocational skills training, case management, support services, and job placement.
This system has proven effective and is demonstrated by OICSFL's over 96% success rate over
15 consecutive years in securing and leveraging over $100 million of federal, state, and local
investments from agencies such as the Department of Health and Human Services, and the
Department of Labor for workforce development, job training, youth, and community
development projects. In addition, OICSFL and its local partners have received recognition for
exemplary performance and service delivery.
Our Approach
OICSFL offers South Florida a unique value proposition in our ability to serve as a community -
based workforce, job development, and training organization, supporting both community
residents and local businesses and development efforts. In addition, OICSFL sees our local
community as our greatest resource and invests time and human and financial capital, and,
most importantly, passion for their development.
010
OF SOUTH FLORIDA
"Helping People Help Themselves, Through Training & Employment"
OICSFL offers value-added services to businesses by providing local labor market information to inform their
growth and talent acquisition planning.
OICSFL partners with the business community in assisting with an array of hiring services
ranging from helping with job or internship postings and managing on -site interviews to
connecting with key community members. The Employment Services team serves as an
extension of a company's Human Resources department by identifying the needs of each
business while connecting our clients and program graduates to desired career opportunities.
The Employment Services team listens intently and takes the skills, knowledge, and
characteristics our employers are looking for to connect them with ideal candidates. OICSFL
offers a variety of ways to assist employers during the hiring process, including but not limited
to:
1. Organizing Career and Internship Expos
2. Providing Customized On -site Company Trainings
3. Posting Open Positions
4. Conducting Resume Critiques and Mock Interviews
5. Hosting On -site Interviews
With services for people at all stages of their career trajectory, OICSFL prepares individuals with the soft and
technical skills to add true value to the workforce and local economy. OICSFL clients receive training and
support to develop skills that meet the demands of the local labor market and enable progression along a
career pathway leading to a family sustaining wage: (1) industry- recognized certifications for in -demand jobs,
and (2) customized supportive services (e.g., transportation support, child-care assistance, housing referrals,
and legal assistance) delivered in collaboration with local partners.
Returning Citizens Support and Services
In addition to these services, OICSFL provides targeted services for returning citizens. OICSFL works closely
with the Florida Department of Corrections to identify eligible participants in facilities across the State, that
are returning to South Florida. Returning citizens receive the following comprehensive reentry services based
on individual needs, goals, and case manager recommendations: assessments, customized case management,
support services, trauma -informed curriculum to address criminogenic needs, employability and vocational
skills training, job coaching, and follow-up services to support job retention and ensure successful transition
to the community.
Benefits of OICSFL Services
1. Local businesses receive high -quality talent management, learning management, and
change management support to harness and retain staff with required competencies
effectively
2. Local adult/youth residents receive education, technical training, and career
awareness activities, preparing them for 21st-century jobs
3. Local economy is sustained and grown through a thriving workforce of individuals
equipped with industry credentials and soft/life skills
4. Local Miami -Dade and Broward Counties realize economic and business development
oIc
OF SOUTH FLORIDA
"Helping People Help Themselves, Through Training & Employment"
goals and maximize return on investment of public and private workforce dollars
Social Enterprise Services
Recognizing the need for innovative approaches to workforce and economic development,
OICSFL launched its Social Enterprise division, namely OIC Strategic Integration (OIC-Si). OIC-Si
is a for -profit division that expands workforce options and supports the needs of both our
clients and the business community.
OIC-Si is able to leverage its longstanding relationship with community leaders, an eager
work -ready employee base, and thousands of graduates from its current training programs to
meet the needs of employers in South Florida. Additionally, OIC-Si is nimble and can adapt to
market conditions and employer -specific training requirements to fulfill contracts and open
positions. OIC-Si's flagship program was implemented in partnership with Broward County
Transit (BCT) to provide job training and employment opportunities to residents of the
Broward Municipal Services District (BMSD), including returning citizens. Since 2019, the
program has contributed to district development by improving the cleanliness of BCT buses.
In addition, it has expanded its business service offerings to include bus shelter cleaning,
hospital -grade cleaning, janitorial cleaning, graffiti removal, pressure cleaning, code
compliance, flagger certification, forklift certification, and lawn maintenance.
In some instances, OIC-SFL may leverage resources from our portfolio to add additional value
to workforce initiatives. South Florida benefits by having more self-sufficient and productive
members of society with quality self-help skills and employment opportunities.
For additional details on OIC Strategic Integration (OIC-Si), please see attached Capability
Statement.
010
OF SOUTH FLORIDA
"Helping People Help Themselves, Through Training & Employment"
I�
INTEGRATIC_'N
Capability Statement — Janitorial and Ground Maintenance Services
OIC-Strategic Integration (OIC-Si) welcomes the opportunity to support your janitorial
and ground maintenance reeds. From our Miami and Fort Lauderdale offices, we
support our clients throughout the Dade and Broward Counties. We can provide services
to local municipalities, state and federal agencies, and the commercial market. As a
small business contractor, we can handle most of your needs to ensure that your
property buildings and grounds are at excellent standards daily. Our core specialty is
Janitorial Services: cleaning, flooring, paper products, maintenance, and management.
We also perform Ground Maintenance Services_ landscaping care andfor installing trees;
shrubs, plants, lawns, or garcens. We are committed to ensuring that all our employees
are trained per industry best practices and standards. Our pricing is customized based
on demand and service scope. Our clients know they are only paying far the services
that they need. OIC-Si can provide reliable quality work. We would greatly appreciate
being able to work with you and be a long-lasting valued partner
Responsive, flexible, end -to -end support
OIC-Si provides comprehensive janitorial services performed by certified industry
professionals and trained cleaning crews based on the unique needs of our clients for
daily, weekly, monthly, quarterly, semi-annual, and/or annual deaning, sanitation,
waste manager-ert and maintenance.
Core Competencies
Janitorial Services
Flogger, Day Labor, and
Security Guard
Hospital Grade Cleaning
Grounds & Landscaping
Maintenance
Labor market informed and
custom training
Fulfilling County and State
contracts in South Florida
Differentiators
OtC-Si can provide individual services or meet the
single -source solution. Our janitorial and ground
superior on -site services, effective project mana
monitoring procedures, process knowledge,
communication for seamless continuity in service.
Past Performance
Secured approximately S1S million in contracts with the Broward County
Commission:
• Broward County Transit Bus Project — clean all buses in the County's fleet
totaling 400 buses per day, 7 days per week.
• Broward County Bus Shelter Project — clean 104 bus shelters per month
• Broward County Commission ground maintenance of public medians and
entryways, removing illegal dumping; board -ups; trash removal.
• Broward Addiction and Recovery Centers hospital grade facilities
cleaning.
need for integrated services as a
maintenance programs provide
gement,, active supervision; and
cost control, and consistent
Basiae;s Information:
• Yearincorp.•aced: 2018
• State of Incorporation: Florida
• Number of Employees 105
• 2013 NACo Achievement Award
Redpient
NAICS Codes:
• 561210 Facilities Management
• 561720ianitorialServices
• 423950.lanitorial Equipment
• 561730 Landscaping Services
Strategic Program Management
We manage the recruitment, background
screening, payroll, and performance of quakfied
personnel.
• Comprehensive safety program
• Performance trading
• Lean Practices
• Quality Control Inspections
Key Personnel:
• Newton B. Sanon — President and CEO
• ioseph P. Da to - Vice President
• Michael E. Cam —General Manager
• Nema Smith —Grounds Maintenance
Project Manager
• Rafael Ortiz — Bus Service Supervisor
• Calvin McQueen —Site Supervisor
Contact Info:
OIC Strategic Integration, LLC
froward County Offices:
3407 9 ' Avenue — Suite 100
Fort Lauderdale, FL 33309
954-563-3535
Dade County Offices:
5120 NW 24 Avenue
Miami, FL 33142
WRITTEN CONSENT OF
THE MEMBER OF
HRM OWNER, LLC
IN LIEU OF A MEETING
August 3, 2023 (the "Effective Date")
The undersigned, being the sole member (the "Member") of HRM OWNER, LLC, a
Delaware limited liability company (the "Company"), waives all formal requirements, including
the necessity of holding a formal or informal meeting, and any requirements for notice, and
consents in writing to the adoption of the following resolutions, taking said action in lieu of a
meeting effective as of the Effective Date:
WHEREAS, the Company intends to enter into that certain Agreement and Lease, dated as
the date hereof, with the CITY OF MIAMI, a municipal corporation of the State of Florida, which
lease is attached as Exhibit A to this Written Consent (the "Ground Lease"), and consummate such
other transactions contemplated thereby (collectively, the "Transaction");
WHEREAS, in connection with the Ground Lease, the Company intends to execute and
deliver other agreements, instruments or documents required by the 'Ground Lease and the
Transaction contemplated thereby (collectively, the "Transaction Documents"); and
WHEREAS, the Member has reviewed and considered the Ground Lease and the
Transaction as contemplated by the Ground Lease and intends to authorize and approve, or to the
extent such actions have already been taken, ratify and approve, the execution and delivery of the
Transaction Documents.
NOW, THEREFORE, IT IS:
RESOLVED, that the Member approves the Ground Lease, the other Transaction
Documents, and the Transaction as contemplated in the Ground Lease;
FURTHER RESOLVED, that Thomas Bezold (the "Authorized Signatory") is authorized
on behalf of the Company to do all acts and execute and deliver all documents, instruments and
agreements and all supplements and amendments to any of the same, to consummate the
Transaction and execute and deliver the Transaction Documents, but with such non -material
modifications and amendments as the Authorized Signatory may deem necessary to close the
Transaction in accordance with and as contemplated by the Transaction Documents, and to do all
acts and execute and deliver any and all other documents, agreements and instruments required in
connection with the Transaction or the Transaction Documents and all supplements and
amendments to any of the same as the Authorized Signatory may deem necessary to close the
Transaction in accordance with and as contemplated by the Transaction Documents, the
undersigned hereby ratifying and confirming the acts of the Authorized Signatory in connection
with the execution and delivery of all of such documents, agreements and instruments, irrespective
of whether such acts were performed on or subsequent to the date of the adoption hereof, and
directing the managers, officers and employees of the Company to perform all of their obligations
and undertakings under each and all such documents, agreements and instruments; and
FURTHER RESOLVED, that the Authorized Signatory is hereby authorized and directed
to take such action, execute such documents and incur and pay such expenses as may be necessary
or appropriate to carry out the foregoing resolutions and to effectuate the transactions and other
matters authorized hereby.
This Written Consent of the Member of HRM Owner, LLC in Lieu of a Meeting (this
"Written Consent") may be executed in one or more counterparts, which, when taken together,
shall constitute one and the same instrument with the same effect as if all the parties to this Written
Consent had executed the same counterpart. A manual signature on this document, which image
is transmitted electronically, will constitute an original signature for all purposes. The delivery of
copies of this Written Consent, including executed signature pages where required, by electronic
transmission will constitute effective delivery of this document for all purposes.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the undersigned, being the Member of the Company, has
adopted and approved this Written Consent as of the Effective Date.
HRM MEZZ, LLC,
a Delaware limited liability company
By: HRM Holdco, LLC, its Common
Member
By: Regency Miami Sponsor, LLC,
its Administrative Manager
By:
Name: Thomas Bezold
Title: Vice - President
[Signature Page to HRM Owner, LLC Member Consent re: Ground Lease]
Olivera, Rosemary
From: Blue, Sabrina
Sent: Monday, April 29, 2024 11:51 AM
To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Cc: Pivovarov, David; Frey, Andrew
Subject: Matter ID#22-848 -HRM Owner LLC
Matter
I D#22-848-H R...
Good day,
Please find attached a fully executed copy of an Exhibit to HRM Lease Agreement from DocuSign that is to be considered
an original agreement for your records.
Sa lwi,vta.3la&
Assistant to Director
Department of Real Estate &
Asset Management "DREAM"
444 SW 2nd Avenue, 3rd FL
Miami, FL 33130
sblue@miamigov.com
www.miamigov.com
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