Broward County Commission Regular Meeting


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AI-24862 32.       
Meeting Date: 10/03/2017  
Director's Name: Bertha Henry
Department: County Administration  

Information
Requested Action
A. MOTION TO OPEN Meeting as the Direct Procurement Authority (DPA) for Request for Letters of Interest (RLI) No. N1337414R3, Broward County Convention Center Expansion and Headquarters Hotel Projects (Project).

ACTION:  (T-10:55 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Bogen was not present.

B. MOTION TO APPROVE addition of Nunzio DeSantis to the Matthews Holdings Southwest, Inc. (MSW) Architectural Design Team.

ACTION:  (T-10:58 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Bogen was not present.

C. MOTION TO APPROVE substitution of Stantec Architecture for VOA Associates on the Matthews Holdings Southwest, Inc. (MSW) Architectural Design Team.

ACTION:  (T-11:09 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Bogen was not present.

D. MOTION TO HEAR presentations from MSW and County Staff.

ACTION:  (T-11:13 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Bogen was not present.

E. MOTION TO APPROVE Design Agreement between MSW and Broward County for a not to exceed amount of $10,700,000, for both conceptual and schematic design work for the Convention Center Expansion and Headquarters Hotel projects in substantially the form attached as Exhibit 4; authorizing the Offices of the County Administrator and the County Attorney to negotiate and draft final language; and authorizing the County Administrator to execute the final agreement on behalf of Broward County.

ACTION:  (T-11:41 AM)  Approved.  (Scrivener’s Error – See County Administrator’s Report: Motion E currently reads:…Convention Center Expansion and Headquarters Hotel projects in substantially the form attached as Exhibit 4… Should read: … Convention Center Expansion and Headquarters Hotel projects and 100% design and construction documents for the three enabling projects in substantially the form attached as Exhibit 4…)  (Refer to minutes for full discussion.)
 
VOTE: 7-0.  Commissioner Udine abstained from voting on this item.  Commissioner Bogen was not present.

F. MOTION TO APPROVE MSW to enter into exclusive negotiations with Omni Hotels and Resorts for the purposes of operating the Hotel portion of the Project.

ACTION:  (T-12:11 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Bogen was not present.

G. MOTION TO DIRECT County Attorney to draft an Ordinance related to the levying of a 6th penny of bed tax as provided by Section 125.0104 (3)(m), FL Statutes. 

ACTION:  (T-12:34 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Bogen was not present.

H. MOTION TO CLOSE Meeting as the Direct Procurement Authority.

ACTION:  (T-12:39 PM)  Without objection, the Board closed the meeting as the Direct Procurement Authority.  (Refer to minutes for full discussion.)
Why Action is Necessary
Allows for changes on the Developer Design Team (B, C), provides the Board with an update on the design process(D), allows staff and the Developer to continue design work on the Project and advance it to the site plan development stage(E), approves exclusive negotiations with Omni Hotels and Resorts as the preferred hotel operator (flag) for the Convention Center Headquarters Hotel (F) and begins the legal process necessary to levy a sixth penny of local bed tax to provide funding for the Convention Center Expansion project(G).
What Action Accomplishes
Motion B provides the Developer permission from the DPA to add a design professional to their development team. Motion C approves the acquisition and integration of VOA Associates by Stantec Architecture. Motion D allows the Developer to provide the DPA with a presentation on the updated design for the hotel project. Cost considerations resulted in a project redesign since the last presentation to the DPA. Motion E approves a new design agreement between MSW and Broward, providing for a new set of conceptual drawings for the Convention Center Expansion project and for the development of schematic drawings and related engineering work for both the Convention Center Expansion and the Headquarters Hotel that are necessary to submit a site plan application to the City of Fort Lauderdale. Motion F approves exclusive negotiations with Omni Hotels and Resorts as the preferred hotel operator (flag) for the Convention Center Headquarters Hotel. Motion G directs the County Attorney to prepare the ordinance documents necessary to levy the 6th penny of the local bed tax.
Is this Action Goal Related
Previous Action Taken
April 26, 2016 Regular Meeting (Item No. 35), May 10, 2016 Regular Meeting (Item No. 35), August 16, 2016 Regular Meeting (Item No. 95), November 1, 2016 Regular Meeting (Item No. 34), and April 4, 2017 Regular Meeting (Item No. 43).
Summary Explanation/Background
This agenda supports the Board's goal of increased economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs.

On May 19, 2015 (Item No. 41B), the Board designated itself as the Direct Procurement Authority (DPA) for the Broward County Convention Center Expansion and Headquarters Hotel Projects, Step One through Step Three. This designation was based on the recommendation from the County Administrator, in accordance with the Broward County Procurement Code, Section 21.10, DPA. Steps One through Three constitute the first stage of the procurement process, which is focused on the qualification and ranking of Developers.

On August 25, 2015 (Item No. 44), the DPA reviewed the Developers’ Step One submittals to qualify the Developers. The DPA qualified five Developers.

On November 3, 2015 (Item No. 25), the DPA reviewed the Developers’ Step Two submittals to qualify the Developers’ teams, in compliance with the Consultants’ Competitive Negotiations Act (CCNA) and the solicitation requirements. The DPA qualified the Developers’ teams and shortlisted three Developers.

On November 3, 2015, the County issued a Request for Letters of Interest to the shortlisted Developers. On March 11, 2016, the County received one submittal from the Developer, Matthews Southwest Holdings, Inc. (MSW)

On April 26, 2016, the DPA heard presentations from County staff and from MSW and its team members. Upon review of the information, the DPA re-qualified the team, contingent upon resolution of expressed concerns regarding MSW's general contractor (GC) for the project.

On May 10, 2016, the DPA received a report from County staff stating MSW was currently reviewing its team and needed additional time for review.

On August 16, 2016, the DPA approved a change to the Developer’s team for the Convention Center General Contractor, reaffirmed the Developer’s Team as qualified, ranked MSW as the No. 1 ranked firm, and approved a Pre-Development Agreement with MSW.

On November 1, 2016 the DPA approved a conceptual site plan to provide staff with appropriate design direction on how to proceed with the Project.

On April 4, 2017, the DPA heard presentations from County staff and from the MSW development team on the updated design proposal for the Project. The DPA expressed support for the new design.

During subsequent negotiations and fact finding sessions, it was determined that the most recent hotel design would require a much larger subsidy from the County than originally proposed. County staff requested a redesign to bring down the costs of the project. The Developer initiated a redesign of the hotel that resulted in a significant reduction in costs. Attached to this agenda item (Exhibit 1) is a copy of the update presentation that will be made at the DPA meeting on the latest conceptual design of the project.

To bring a new perspective for the project, MSW brought in a new design professional (Nunzio DeSantis) to provide fresh ideas on how to reduce project costs while maintaining design integrity. The Board will be presented with his qualifications (Exhibit 2) and asked to approve his inclusion on the design team. Additionally, the County was notified last November that VOA Architects was being purchased by Stantec Architecture, but was told that the transition would take several months. VOA principals have continued to work on the project, but recently other Stantec professionals have joined the design team. Since the Stantec/VOA acquisition is now complete and additional Stantec personnel have been added to the project, Board approval is required to include Stantec on the design team.  Stantec will also present their qualifications (Exhibit 3).

In light of the substantial savings resulting from the hotel redesign effort, staff is also interested in pursuing savings possibilities for the convention center expansion project. While considering possible design changes and taking into account industry feedback, staff has taken another look at the phased nature of the expansion project as originally envisioned in the 2014 Broward County Convention Center Master Plan Study. Staff recommends that we evaluate an expansion of contiguous exhibition space to the west (Exhibit 7) of the existing facility and a smaller expansion to the east that focuses only on meeting and ballroom space.

The DPA will be considering a new design contract with a not to exceed amount of $10,700,000 that includes a conceptual design modification to evaluate this new phasing option in the near future. The new design contract (Exhibit 4) also moves the project to the next level by including the schematic design and engineering work necessary to submit a site plan application to the City of Fort Lauderdale. The notice to proceed (NTP) for the schematic design work would not be given to MSW until such time as the DPA has been presented with and approves the new conceptual design for the Convention Center Expansion.

The design contract also includes the development of both schematic and construction drawings for three Enabling Projects. These projects must be first completed to enable the rest of the Project to move forward. In order to move forward with demolition of the north end of the Convention Center, a new Central Energy Plant needs to be designed, constructed, connected and energized so that the rest of the Convention Center can continue to operate during construction. Before the eastern expansion of the Convention Center can take place, new ingress and egress points need to be created to the ground floor of the parking garage in order to facilitate the flow of tractor trailers, buses and taxes that support the operations of Port Everglades Terminal 2. And before demolition of the north end of the convention center can take place, a reorientation of the road access (18th Street) to the Convention Center needs to be made to provide continued access to the Convention Center loading dock.

After several interviews with four hotel operators (the fifth, Starwood, merged with one of the other four hotel operators), which were attended by MSW and County staff, MSW is seeking approval to enter into exclusive negotiations with Omni Hotels and Resorts to serve as the hotel operator (flag) for the Convention Center Headquarters Hotel, with the intent of finalizing a deal with them in the coming months. If MSW is unable to come to acceptable final terms with Omni, MSW will come back to the Board for approval to negotiate with an alternative hotel operator. Omni will be making a brief presentation to the DPA (Exhibit 5).

At the June 15, 2017 Board of County Commissioners (Board) Budget Workshop staff provided a presentation on the Convention and Visitor’s Bureau, including information related to the Convention Center Expansion Project (CC) and the Tourist Development Tax (TDT). Discussion ensued about the need to levy the 6th penny of the TDT as allowed by Section 125.0104 (3)(m), FL Statutes to provide funding for the CC expansion. As a result of the Board discussion staff indicated it would start the process.

On June 19, 2017, staff sent a request to the FL Department of Revenue (DOR) to certify that Broward is eligible to impose the tax. On July 7, 2017 the County received an affirmative response from DOR certifying that Broward meets the eligibility criteria as a High Impact Tourism County. In order to levy the additional penny of TDT, the Board must approve an ordinance to that effect. For the Board's reference, Exhibit 6 provides a comparison of lodging taxes for the 150 largest urban areas in the US. The Tourist Development Council did discuss this item and expressed approval of it.
Source of Additional Information
Alan J. Cohen, Assistant County Administrator, 954-357-7364

Fiscal Impact
Fiscal Impact/Cost Summary:
If all motions are approved, the fiscal impact on the County will not exceed $10,700,000. 
Attachments
Exhibit 1 - Updated Convention Center Hotel Design
Exhibit 2 - Nunzio Desantis Presentation
Exhibit 3 - Stantec Letter & Presentation
Exhibit 4 - Design Agreement Between Matthews Southwest and Broward County
Exhibit 5 - Omni Presentation
Exhibit 6 - Lodging Tax Comparison
Exhibit 7 - Map


    

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