Miami-Dade Legislative Item
File Number: 160018
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File Number: 160018 File Type: Resolution Status: Adopted
Version: 0 Reference: R-88-16 Control: Board of County Commissioners
File Name: LIBERTY CITY FACILITY LEASE AGREEMENT Introduced: 1/5/2016
Requester: Animal Services Cost: Final Action: 1/20/2016
Agenda Date: 1/20/2016 Agenda Item Number: 14A2
Notes: REQUIRES 2/3 VOTE Title: RESOLUTION WAIVING COMPETITIVE BIDDING, PURSUANT TO SECTION 5.03(D) OF THE CHARTER AND SECTION 2-8.1(B) OF THE COUNTY CODE, FOR SELECTION OF THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (“ASPCA”) AS DEVELOPER OF NEW ANIMAL SERVICES FACILITY TO BE LOCATED AT 1312 AND 1320 NW 62ND STREET, MIAMI, FLORIDA; APPROVING, IN ACCORDANCE WITH SECTION 125.38, FLORIDA STATUTES, DEVELOPMENT AND LEASE AGREEMENT WITH ASPCA FOR THE DEVELOPMENT OF NEW ANIMAL SERVICES FACILITY AND LEASE AND OPERATION THEREOF FOR INITIAL TERM OF TEN YEARS WITH TWO, FIVE-YEAR OPTIONS TO RENEW WITH A TOTAL ESTIMATED DEVELOPMENT COST TO THE COUNTY OF UP TO $2,310,000.00 AND TOTAL ESTIMATED COST TO THE COUNTY DURING THE INITIAL TERM OF THE LEASE OF 5 YEARS; AUTHORIZING THE CONVEYANCE TO ASPCA OF THE NAMING RIGHTS TO THE NEW ANIMAL SERVICES FACILITY; WAIVING THE PROVISIONS OF RESOLUTION NO. R-130-06; AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO FINALIZE AND EXECUTE SUCH AGREEMENT AND TO EXERCISE ANY AND ALL RIGHTS CONFERRED THEREIN; DIRECTING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO PROVIDE AN EXECUTED COPY OF SUCH AGREEMENT TO THE PROPERTY APPRAISER’S OFFICE WITHIN THIRTY DAYS OF THE EXECUTION OF THE AGREEMENT
Indexes: LEASE AGREEMENT
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/20/2016 14A2 Adopted P

Office of the Chairperson 1/19/2016 Additions

Metropolitan Services Committee 1/13/2016 3E Forwarded to the BCC by the BCC Chairman with a favorable recommendation P
REPORT: Assistant County Attorney Shannon Summerset-Williams read the foregoing proposed resolution into the record. It was moved by Commissioner Edmonson that the foregoing proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Diaz, followed by discussion. Commissioner Edmonson stated that this was a unique public/private partnership, and that the American Society for the Prevention of Cruelty to Animals (ASPCA) was making a significant commitment to operate the new animal services facility at its own expense. She noted the County was only paying half of the construction cost and some of the maintenance cost. Commissioner Edmonson said that these were much needed services particularly in the Liberty City area, which had no animal services providers and had some of the highest dog and cat intake rates. She gave the floor to Ms. Joan Redibba (phonetic spelling), State Coordinator, ASPCA, to make a few comments. Ms. Redibba noted the ASPCA worked nationwide; however, one of its most successful partnerships was with Miami-Dade County. She said that since 2010 they had worked with Miami-Dade Animal Services, the Humane Society of Greater Miami, and the Cat Network, and the results were outstanding. Ms. Redibba stated that they decided to focus on areas in the community that currently did not offer services to pet owners, noting they were excited about the opportunity in Liberty City. She indicated that they would provide a high volume spay and neuter clinic in addition to other services. Commissioner Souto requested to be listed as a co-sponsor for the foregoing proposed resolution. Commissioner Diaz thanked Ms. Redibba for working with the County to achieve the no-kill status for the animals in the community. He also thanked Mr. Alex Munoz, Director, Animal Services Department, for his leadership. Chairwoman Heyman noted the progress which had been achieved over the last few years was exceptional. She requested that Mr. Munoz put on the record the rate of survival for the animals in the community. Mr. Munoz stated that when he became director of the department the save rate was 51 percent; and now it had climbed to 90 percent. Responding to Chairwoman Heyman’s question regarding how many animals were euthanized for space in the past year, Mr. Munoz noted only two animals were euthanized for space. Commissioner Edmonson noted the ASPCA had requested that the County Commission expedite approval of this item given the funding requirements and the construction timeline. Chairwoman Heyman stated that she would request that an appropriate memorandum be prepared asking Board of County Commissioners’ Chairman Jean Monestime to waive the Board's Rules of Procedure to allow this proposed resolution to be heard at the January 20, 2016 Board meeting. The Clerk of the Board received the appropriate memorandum from Commissioner Heyman dated January 13, 2016 entitled “Request to Waive Item onto the January 20, 2016 Meeting Agenda of the Board of County Commissioners – Legistar No. 160018” requesting that the Board’s Rules of Procedures be waived to allow the foregoing proposed resolution to be heard at the January 20, 2016 Board meeting.

County Attorney 1/7/2016 Assigned Sabrina Levin 1/7/2016

Office of Agenda Coordination 1/7/2016 Assigned County Attorney

County Attorney 1/6/2016 Assigned Office of Agenda Coordination
REPORT: item returned

County Attorney 1/5/2016 Assigned Sabrina Levin 1/6/2016

Office of Agenda Coordination 1/5/2016 Assigned County Attorney 2/2/2016
REPORT: ASD - Commissioner Edmonson sponsors - Pending Jan cmte - County Attorney verification - Attachments: Lease Agreement

Alina Tejeda-Hudak 1/5/2016 Assigned Office of Agenda Coordination 1/5/2016 1/5/2016

Legislative Text


TITLE
RESOLUTION WAIVING COMPETITIVE BIDDING, PURSUANT TO SECTION 5.03(D) OF THE CHARTER AND SECTION 2-8.1(B) OF THE COUNTY CODE, FOR SELECTION OF THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (�ASPCA�) AS DEVELOPER OF NEW ANIMAL SERVICES FACILITY TO BE LOCATED AT 1312 AND 1320 NW 62ND STREET, MIAMI, FLORIDA; APPROVING, IN ACCORDANCE WITH SECTION 125.38, FLORIDA STATUTES, DEVELOPMENT AND LEASE AGREEMENT WITH ASPCA FOR THE DEVELOPMENT OF NEW ANIMAL SERVICES FACILITY AND LEASE AND OPERATION THEREOF FOR INITIAL TERM OF TEN YEARS WITH TWO, FIVE-YEAR OPTIONS TO RENEW WITH A TOTAL ESTIMATED DEVELOPMENT COST TO THE COUNTY OF UP TO $2,310,000.00 AND TOTAL ESTIMATED COST TO THE COUNTY DURING THE INITIAL TERM OF THE LEASE OF 5 YEARS; AUTHORIZING THE CONVEYANCE TO ASPCA OF THE NAMING RIGHTS TO THE NEW ANIMAL SERVICES FACILITY; WAIVING THE PROVISIONS OF RESOLUTION NO. R-130-06; AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO FINALIZE AND EXECUTE SUCH AGREEMENT AND TO EXERCISE ANY AND ALL RIGHTS CONFERRED THEREIN; DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO PROVIDE AN EXECUTED COPY OF SUCH AGREEMENT TO THE PROPERTY APPRAISER�S OFFICE WITHIN THIRTY DAYS OF THE EXECUTION OF THE AGREEMENT

BODY
WHEREAS, the American Society for the Prevention of Cruelty to Animals (�ASPCA�) is a New York privately funded 501(c)(3) not-for-profit corporation, organized for the purpose of ensuring that animals are treated with kindness and respectful at the hands of humans and are protected under the law; and

WHEREAS, the ASPCA applied to the County to contribute $2,000,000.00 of the ASPCA�s funds for the development of a new animal services facility in Liberty City to be located at 1312 and 1320 NW 62nd Street, Miami, Florida (�Facility�) and to thereafter lease such Facility from the County and operate it in order to provide spay/neuter surgeries and other community medical services for animals at a reduced or no cost to eligible County residents; and

WHEREAS, this Board finds that, consistent with Section 125.38, Florida Statutes, ASPCA does require the Facility for a use consistent with its mission and in support of the community interest and welfare purposes for which it is organized, and that such lease for that use would promote community interest and welfare, and that the Facility is not otherwise needed for any County purposes; and

WHEREAS, the County Mayor has submitted to this Board a written recommendation that it is in the best interest of the County to waive formal bid procedures and the provisions of Section 5.03(D) of the Miami-Dade County Charter and Section 2-8.1 of the Miami-Dade County Code in order to select ASPCA as the developer of the Facility; and

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum from the County Mayor, a copy of which is incorporated herein by reference; and

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. The foregoing recitals are incorporated into this resolution and are approved.

Section 2. This Board finds that it is in the best interest of Miami-Dade County to waive formal bid procedures in accordance with the provisions of Section 5.03(D) of the Home Rule Charter and Section 2-8.1 of the Code of Miami-Dade County in connection with the selection of ASPCA as the developer of the Facility for the reasons set forth in the accompanying memorandum, formal bidding being waived in this instance by a two-thirds (2/3) vote of the Board members present.

Section 3. This Board hereby approves, pursuant to Section 125.38, Florida Statutes, the terms of the Development and Lease Agreement (�Agreement�) between ASPCA and the County in generally the form attached hereto and made a part hereof, for the Facility in order to provide spay/neuter surgeries and other community medicine services for animals at a reduced or no cost to eligible County, with an estimated development cost to the County of $2,310,000.00 and an estimated cost to the County of $500,000.00 during the initial ten year term of the lease.. This Board waives the provisions of Resolution No. R-130-06 inasmuch as the Agreement has not been executed by the ASPCA.

Section 4. This Board approves the conveyance to ASPCA of the naming rights to the Facility during the term of the lease excluding any names including alcohol, adult entertainment or tobacco products.

Section 5. The County Mayor or Mayor�s designee shall have the authority to finalize the terms of and execute the Agreement and exercise all rights conferred therein. The County Mayor or Mayor�s designee shall be required to seek Board approval for any approvals, consents, actions, events or undertakings that would create a financial obligation, cost or expense to the County beyond those specifically identified and set forth in the form of the Agreement attached to this resolution or that materially alter the terms of the Agreement. This Board further directs the County Mayor or Mayor�s designee to provide the Property Appraiser�s Office an executed copy of the Agreement within 30 days of its execution.

HEADER
Date:

To: Honorable Chairman Jean Monestime
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Development and Lease Agreement with the American Society for the Prevention of
Cruelty to Animals for the Construction, Development, and Operation of a New Animal
Services Facility

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board):

(a) Authorize the County Mayor or the County Mayor�s designee to execute the attached Development and Lease Agreement (Agreement) between Miami-Dade County (County), through its Department of Animal Services (ASD) and the American Society for the Prevention of Cruelty to Animals (ASPCA), for the construction, development, and operation of a new animal services facility (Facility) at 1312 and 1320 NW 62 Street, Miami, Florida (Property) for the purposes described herein;
(b) Waive Resolution No. R-130-06, requiring that contracts be in final form and executed by non-County parties;
(c) Authorize the County Mayor or Mayor�s Designee to exercise any and all rights conferred within such Agreement;
(d) Waive the formal bid procedures of Section 5.03(d) of the Home Rule Charter and Section 2-8.1 of the Miami-Dade County Code in order to select the ASPCA as the developer for the construction of the Facility; and
(e) Approve, pursuant to Florida Statute Section 125.38, the lease of the Facility and the Property to the ASPCA.

These vital services will be provided to the public at the ASPCA�s expense once the Facility is operational.

The ASPCA is a nationally recognized rescue organization that is qualified, willing, and able to contribute these significant resources to the construction, development and operation of the Facility. Accordingly, it is in the best interest of the County to waive the formal bid procedures of Section 5.03(d) of the Home Rule Charter and Section 2-8.1 of the County Code and execute this Agreement with the ASPCA.

The Agreement provides for the following:

* creates a unique partnership between the County and the ASPCA, in which both parties will construct and develop a new Facility at the Property for the purpose of operating an animal services clinic in an underserved area (Project);
* describes the financial contribution of the ASPCA and the County to the Project, with each contributing up to $2 million of the total construction Project cost, to be paid out at in specified stages as outlined in the Agreement;
* authorizes the County to lease the Property and the Facility to the ASPCA for an initial term of ten (10) years, with two (2) optional five-year renewals following completion of the Facility�s construction;
* upon the commencement of the lease of the Property and the Facility, describes the operation of the Facility by the ASPCA for purposes of providing spay/neuter surgeries and community medical services for the animals of County residents, which will provide much-needed animal services in this underserved area of the County;
* requires the ASPCA to fund operational expenses and to secure and maintain the Property and all improvements thereon in good and serviceable condition and repair, ordinary, and reasonable wear and tear is expected, as outlined in detail in the Agreement, for the Facility for the term of the lease and any renewals thereto;
* conveys to the ASPCA the naming rights to the Facility during the term of the lease, excluding any name including alcohol, adult entertainment or tobacco products;
* requires the ASPCA to comply with the County�s Small Business Development programs with regard to design and construction for the Project including, without limitation, SBE-Construction, SBE-Architectural and Engineering, SBE-Goods, SBE-Services, Responsible Wages and Benefits, and Residents First Training and Employment Programs;
* outlines the responsibilities of both parties as it relates to the maintenance of the Property and the Facility; and
* requires the County to spend up to $250,000.00 for environmental site testing and remediation and up to an additional $60,000.00 for demolition, unity of title, surveys, and any other related items in order to provide the ASPCA with a development ready site.

Scope
The Property is located in Commission District 3, which is represented by Commissioner Audrey M. Edmonson, however, services will be offered to all County residents.

Fiscal Impact/Funding Source
The estimated total project cost is $4.31 million for both construction and pre-development costs. The fiscal impact to the County for the development of the Facility is estimated to be $2.31 million. The County will be responsible for: (a) one-half of the total construction cost up to $2 million, as outlined in detail in the Agreement; (b) the demolition of the existing building estimated to be $45,000.00; (c) the environmental site testing and remediation estimated to be of $250,000.00; and (d) the costs for unity of title, surveys, the certificate of elevation, and other related items estimated at $15,000.00. The ASPCA has agreed to contribute $2 million toward the estimated project cost of $4.31 million. The $2.31 million will be funded with Community Development Block Grant (CDBG) funds ($140,000.00) and future financing proceeds ($2.31 million). The ASPCA will fund all services provided to the community once the Facility is operational and is making an initial 10-year commitment to provide services at its own expense.

Once construction of the Facility begins, the County shall be responsible for half of all cost overruns caused by County and overruns that arise through no fault of either party up to $200,000.00. If there are cost overruns prior to construction or in excess of 10 percent of the total cost of $4 million after construction commences, then either party shall have the right to terminate the Agreement. If the agreement is terminated as a result and CDBG funds were expended to provide a site ready development, the County must repay those CDBG funds back.

In addition, there is an estimated annual fiscal impact of $50,000.00 to the County for the maintenance of the Property, as outlined in the Agreement ($500,000.00 total over 10 years). Once construction of the Facility is complete, the ASPCA will pay the County $1.00 annually to lease the Property and the Facility for the term of the lease, which is 10 years with two (2), five (5) year renewal options. The


ASPCA will be responsible for all operational and routine maintenance costs of the Facility, as outlined in the Agreement. The assessment value of the property is $145,200.00, which is $8.00 per square foot.��

Lastly, the County will be responsible for maintaining various equipment in the Facility, including but not limited to, the regular maintenance to the elevator, if any, and air conditioning units servicing the Facility, as identified in the Agreement.
Fees for service are detailed in the Agreement. The ASPCA will provide services free of charge to the target area residents. The ASPCA will set its process for other services in consultation with ASD, but will not exceed ASD�s pricing for similar services.

Track Record/Monitor
The County has no record of negative performance issues with the ASPCA. Gilda Nu�ez, Chief of Outreach and Development for ASD, will monitor the Agreement. The ASPCA is a nationally recognized animal rescue organization and has been in operation since 1866. ASD has been a recipient of ASPCA grants and support over the past five (5) years.

Delegation Authority
This resolution authorizes the County Mayor, or the County Mayor�s designee, to: (a) finalize the Agreement with ASPCA, provided that the Agreement generally remain in the form attached hereto and that the County not incur any additional financial obligations, (b) execute the attached Agreement, and (c) exercise any and all rights conferred therein.

Background
This Agreement is a unique partnership that allows for critical pet services to be provided in the Liberty City area and surrounding communities. The ASPCA will fund these services for 10 years and expand its outreach to surrounding areas in need, which will be identified by the ASPCA. ASD offers satellite spay/neuter community clinics for County residents in an effort to reduce the population of abandoned pets throughout the County. Accessibility to these services for residents in the northwest portion of the County is limited due to the shelter�s current location and the lack of services offered by the private sector in the area. The area is significantly underserved with regard to veterinary services and is also one of the largest areas for stray dog intake in the County. Therefore, ASD is partnering with the ASPCA to develop and construct the Facility on the Property located in the Liberty City area.

Once construction is complete, the Facility will be leased to the ASPCA for operation by the ASPCA to provide spay/neuter surgeries and community medical services to the animals of County residents, which will allow better accessibility to these services to area residents.

The ASPCA has committed to contribute equally with the County to the costs of construction and development of this clinic, up to $2 million, and to take full responsibility for the costs of operation and services of the Facility once the development and construction phases are completed, pursuant to the terms of the Agreement. The County will provide exterior maintenance to include parking areas, sidewalks, grass, and landscape, as well as certain equipment inside the Facility, as outlined in the agreement. This is a unique opportunity for ASD and will result in an ongoing partnership between the County and the ASPCA to provide vital services to the community.

Additional lease details are as follows:

LEASE TERM: Ten (10) years, with two (2) optional five-year renewals.

EFFECTIVE DATES: The commencement date shall be materialized and confirmed in a document named Confirmation of Commencement Date, which will be executed by both parties, the ASPCA and the County, after the approval of the Agreement by the Board.

RENTAL RATE: The ASPCA will pay to the County an annual rent of $1.00 for the term of the lease, which is 10 years with two (2), five-year renewals.


LEASE CONDITIONS: The ASPCA shall be responsible for operating the Facility at the Property, as well as securing and maintaining the Property and all improvements thereon in good and serviceable condition and repair. Ordinary and reasonable wear and tear is expected. The County will be responsible for maintenance of the exterior of the Property and certain equipment in the Facility, as described in the Agreement.

OTHER PROPERTIES
EVALUATED: N/A





__________________________
Alina T. Hudak
Deputy Mayor



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