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HomeMy WebLinkAboutBack-Up from Law DeptSec. 18-85. - Competitive sealed bidding. (a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for goods, equipment and services over $25,000.00, except as otherwise provided for in this article, where it is both practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions so that adequate competition will result and award may be made to the lowest responsive and responsible bidder principally on the basis of price; provided, however, when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in section 18-73, is within 15 percent of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competitive sealed bidding is not practicable or is not advantageous to the city, which finding must be ratified and the award approved by an affirmative vote of four -fifths of the city commission or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation after a properly advertised public hearing. When competitive sealed bidding methods are waived, other procurement methods shall be followed except for the cone of silence provisions, which shall not be applicable. This section shall not apply to transfers to the United States or any department or agency thereof, to the state or to any political subdivision or agency thereof. CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Sec. 29-13. - City -owned property sale or lease —Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth (1/4) page and the headline in the advertisement to be in a type no smaller than 18-point and, (b) except as provided below, there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. Any lease for the development of improvements of city - owned property which has been approved by voter referendum shall require additional voter referendum approval for a development on City -owned property where the developer has not obtained the necessary building permits within four (4) years of the effective date of the lease. Such section shall not be applicable when the delay in the performance of any obligation is as a result of force majeure, or litigation that questions the validity of the vote, or the City Commission action to place the question for referendum, then the performance of such obligation shall be extended by the length of the delay. In the case of city -owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds within a single city - owned property shall not be considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state - certified appraiser, the city commission, by a 4/5 the affirmative vote, may sell or lease said city - owned property after compliance with the advertisement requirements set forth above but without the necessity of a referendum. The above provisions and any other city requirements for competitive bidding shall not apply when: (a) conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission; (b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; (c) conveying property to implement projects of any governmental agency or instrumentality; (d) disposing of property acquired as a result of foreclosure; (e) disposing of property acquired in connection with delinquent taxes which properties were conveyed to the city by the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended; and (f) disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject non -waterfront property is non - buildable. Notwithstanding anything herein to the contrary, the city commission, by a 4/5 the affirmative vote, may: (a) grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements. The extended term shall not exceed twenty-five percent of the original term or ten years, whichever is less. The granting of such an extension is subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in default of its lease with the city nor in arrearage of any monies due the city; and (b) amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (i) extend the lease for an additional term of fifteen (15) years, with the option to renew for two (2) additional five (5) year periods, (ii) increase the amount of the minimum guarantee to the City to at least $360,000 per lease year effective upon execution of the lease amendment, and (iii) require Rusty Pelican to complete capital improvements to the property, including a public baywalk, in the amount of not less than $3 Million, within twenty-four (24) months of the effective date of the lease amendment; and (c) waive competitive bidding and execute a lease with Dade Heritage Trust, Inc. for the City - owned building located at 190 Southeast 12th Terrace, for a term of thirty (30) years, with two (2) thirty (30) year renewals, for minimum annual rent of $600.00 with Consumer Price Index adjustments, with restrictions, reversions, and retention by the City of all other rights; and (d) waive competitive bidding and execute a Fifth Amendment to the Lease Agreement with Aligned Bayshore Marina, LLC, also known as Monty's, to extend the current lease term by an additional term of approximately thirty-two (32) years (to expire May 31, 2067), with two (2) ten (10) year options to renew for a total term of fifty-two (52) years (to expire May 31, 2087); which will increase minimum rent payment by an additional two hundred thousand dollars ($200,000.00) per lease year, for a minimum of ten million dollars ($10,000,000.00) over the base term of the amended Lease Agreement, or one and three quarters percent (1.75%) of gross rent receipts from the Property, whichever is greater, as additional rent due to the City and, commencing January 1, 2019, minimum annual total rent (inclusive of the additional minimum rent) shall be one million five hundred thousand dollars ($1,500,000.00), plus an additional twenty five thousand dollars ($25,000.00) to be paid on an annual basis for the full amended term to a special fund to be established by the City for the benefit of low income housing renovation; further providing capital improvements to the Property of a minimum of seven million five hundred thousand dollars ($7,500,000.00) to be spent within three (3) years of the electorate's approval of the Fifth Amendment to the Lease Agreement; further creating a capital account requiring a minimum additional investment in the Property of four million dollars ($4,000,000.00) over the amended Lease term, inclusive of the renewal options; requiring a Transfer Fee payment to the City if the Property is transferred or assigned; and further requiring a Refinancing Fee payment to the City should the Property be refinanced after the initial refinancing. (e) waive competitive bidding and approve the Fifth Modification to the Lease with ESJ JI Leasehold, LLC, which modifies the remaining term of approximately forty three (43) years and extends the Term from the year 2060 to the year 2099 and includes a Fifteen (15) year option to extend the Lease to the year 2114; providing an additional annual rent payment of Two Hundred Fifty Thousand Dollars ($250,000.00) increasing, once the proposed hotel has stabilized, to the greater of One Million Two Hundred Twenty Thousand Dollars ($1,220,000.00) or Five Percent (5%) of annual hotel gross revenues from a new privately funded hotel development with a minimum cost of Fifty Million Dollars ($50,000,000.00) with a maximum of Three Hundred (300) rooms and a maximum height of One Hundred Thirty (130) feet, at ESJ's expense and option, and a design subject to City approval and successful land use and zoning changes, as necessary, with said rent being in addition to the currently received greater of annual rent of Five Hundred Two Thousand One Hundred Sixty Eight Dollars ($502,168.00) and percentage rent from Jungle Island revenue; with parking spaces sufficient to meet zoning ordinance requirements; ancillary improvements consisting of retail and/or restaurant space of up to ten thousand (10,000) square feet and meeting room space of up to thirty thousand (30,000) square feet; with an aggregate payment of Seven Hundred Thousand Dollars ($700,000.00) towards the Ichimura-Miami Japanese Gardens for construction of a walkway to Jungle Island and necessary repairs and maintenance of the Ichimura-Miami Japanese Gardens; payments totaling Seven Hundred Fifty Thousand Dollars ($750,000.00) over a ten (10) year period to be used for affordable housing; establishing a reserve account for capital repairs of Two Hundred Thousand Dollars ($200,000.00) per year; implementing a transfer fee of Three Percent (3%) of gross sales proceeds if the Property is transferred or assigned; implementing a refinancing fee of One Percent (1 %) of refinancing loan proceeds if the Property is refinanced after the initial refinancing. (f) waive competitive bidding to negotiate and execute a Ground Lease and Master Development Agreement with Miami Freedom Park, LLC, for a total lease term of ninety-nine (99) years, for approximately seventy-three (73) acres of City -owned property located generally at 1400 Northwest 37th Avenue, Miami, Florida 33125, also known as Melreese County Club, with a minimum annual base rent payable to the City equal to the greater of (a) fair market value as determined by state certified appraisers or (b) five percent (5.0%) of rent from the retail, office, and hotel development within the Demised Property, but annual base rent of no less than three million five hundred seventy-seven thousand three hundred sixty-five dollars ($3,577,365.00), in addition to a contribution to the City of twenty million dollars ($20,000,000.00) payable over thirty (30) years in annual installments, and any rent increases and/or additional rents negotiated by the parties; authorizing the use of the Demised Property for a soccer stadium; with at least one (1) million square feet of art and entertainment center including food and beverage venues, offices, retail, and a hotel with at least 750 units and conference center with ancillary commercial uses, guaranteeing a living wage for all on -site employees, further requiring MFP to undertake the remediation and Site development for a public park of approximately fifty-eight (58) acres to be developed on property adjacent to the Demised Property as MFP's sole cost, with any restrictions, reversions, and retention by the City of all other rights including at least a one (1 %) transfer fee payable to the City, with such Lease and Master Development Agreement requiring City Commission approval by a four -fifths (4/sths) vote. Note— See editor's note at the end of this section. Notwithstanding anything in this Charter to the contrary, the City may enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value. (Res. No. 87-678, § 2(a), 7-9-87/11-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9- 01; Res. No. 03-855, § 2, 7-24-03; Res. No. 14-0184, § 1, 5-8-14; Res. No. 14-0225, § 1, 6-12-14; Res. No. 16-0348, § 3, 7-29-16; Res. No. 17-0351, § 3, 7-27-17; Res. No. 18-0232, § 3, 6-8-18; Res. No. 18-0309, § 3, 7-18-18) Editor's note— Res. No. 18-0309, § 3, adopted July 18, 2018, enacted provisions intended for use as subsection (e). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (f). CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED • Sec. 18-188. - Discrimination by lessees of city -owned property — Prohibited. The lessee of any property of which the city is the owner shall not discriminate against or refuse or deny to any person or persons, guests or permittees the use of the facilities leased from the city because of race, creed, religion, color or national origin. (Code 1967, § 38-9.1; Code 1980, § 37-13) • Sec. 18-189. - Same —Requirements for organizations using city facilities. In order to facilitate the implementation of the policy of the city as set forth in section 18-188, in instances wherein leases are entered into between the city and organizations or clubs for the use of city property or city facilities by the members thereof, such organizations or clubs shall comply with the following requirements: (1) Membership. a. Membership in the club or organization shall be available to all persons without discrimination as defined in section 18-188. b. There shall be no requirement that applicants for enrollment be sponsored by anyone as a condition to such applicant being processed or accepted for membership. C. The club or organization shall make a minimum of five percent of existing enrollment of the various types of membership in such club or organization available for new enrollment for a minimum period of 30 days of each year. The enrollment period shall commence July 1 of each year. In the event there is more than one type of membership available, this shall mean five percent of each type of membership shall be open to the general public. d. Acceptance into membership shall be determined by simple majority vote of the general membership at a meeting designated for such purpose, and there shall be no secret ballot for admission to membership. e. In the event there are a greater number of applicants than there are openings available for membership under the annual five percent of enrollments as set forth above, then, and in that event, new members in this enrollment period shall be selected by lot. f. Within the 30-day period prior to the date of the commencement of the enrollment period described above in subparagraph (1)c, the club or organization shall advertise twice in two daily newspapers of general circulation published in the city a notice of the acceptance of new members as hereinabove provided, and notice of the purposes of the club or organization and of the programs offered by the club or organization to the public. The notice shall be printed on June 1 and June 14 of each year. (2) Dues. All members in each of the various categories of membership shall pay equal dues, if any, within such categories. (3) Minutes of meetings. All minutes of meetings, whether regular meetings or special meetings, or however designated, of such club or organization shall be posted upon the bulletin board upon the club premises within 30 days after the date of such meetings, and a copy thereof shall be forwarded to the city manager, or his/her designee. (4) Privileges. All members in each category shall have equal rights and privileges. (Code 1967, § 38-9.2; Code 1980, § 37-14; Ord. No. 13676, § 2, 4-27-17) • Sec. 18-190. - Same —Provisions of sections 18-188 and 18-189 to be part of lease. The foregoing matters as set forth in sections 18-188 and 18-189 being an implementation of the provisions of the Constitution of the United States of America and the constitution of the state, such provisions are to be considered a part of every such lease as described above entered into between the city and any person, firm, corporation, club or organization, regardless of the specific written terms of any lease now existing or to be entered into in the future. (Code 1967, § 38-9.3; Code 1980, § 37-15)