HomeMy WebLinkAboutR-96-0511J-96-467
7/2/96
95-- 511
RESOLUTION NO.
A RESOLUTION, AMENDING RESOLUTION NO. 96-283,
ADOPTED APRIL 25, 1996, THEREBY INCLUDING AN
ADDITIONAL CITY -OWNED PROPERTY KNOWN AS THE
RICKENBACKER MARINA, LOCATED AT 3301
RICKENBACKER CAUSEWAY, AS A FUTURE OPTIONAL SITE
FOR DEVELOPMENT UNDER THE UNIFIED DEVELOPMENT
PROJECT ("UDP") CREATED PURSUANT TO SAID
RESOLUTION FOR THE DEVELOPMENT AND OPERATION OF
A BOAT YARD AND ANCILLARY MARINE RELATED
FACILITIES AT THE PROPERTY KNOWN AS THE VIRGINIA
KEY BOAT YARD, LOCATED AT 3601 RICKENBACKER
CAUSEWAY.
WHEREAS, the City Commission, pursuant to Resolution No. 96-283, adopted April
25, 1996, determined that the most advantageous method to develop certain
improvements to designated City -owned waterfront property was as a Unified
Development Project ("UDP"); and
WHEREAS, said Resolution further authorized the City Manager to prepare a
Request for Proposals ("RFP") for said UDP for the development and operation of a boat
yard and ancillary marine related facilities at the property known as the Virginia Key Boat
Yard (also known as the Marine Stadium Marina), located at 3601 Rickenbacker
I Causeway; and
WHEREAS, it was subsequently learned that inclusion of the adjacent leasehold
site, known as the Rickenbacker Marina, located at 3301 Rickenbacker Causeway, Miami,
CITY C0MMISS101
MEETING OF
J U L 1 1 1996
Resolution No.
96- 511
Florida, in the RFP offering would result in significant advantages to the City and the
boating community in terms of property management, physical improvements and
marina/boat yard operations; and
WHEREAS, it is recommended that this additional property be included in the RFP
as a future optional site for development, with annual compensation to the City until such
time as the option may be exercised;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
I
Section 1. The recitals and findings contained in the Preamble to this Resolution
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 2 of Resolution No. 96-283, adopted April 25, 1996, is
hereby amended in the following particulars:
"Section 2. The development of a boat yard and ancillary marine
related facilities on City -owned waterfront property known as the Virginia
Key Boat Yard (also known as the Marine Stadium Marina),located at 3601
Rickenbacker Causeway, Miami, Florida, with the future option to undertake
the development of a marina boat yard and ancillary marine related facilities
on City -owned waterfront property known as the Rickenbacker Marina
located at 3301 Rickenbacker Causeway Miami Florida is hereby
determined to be a Unified Development Project ("UDP"), for which the City
shall seek to secure from the private sector an integrated package of
services to include planning and design, construction, leasing, and
management of said proposed development."
Section 3. This Resolution shall become effective immediately upon its adoption.
' Words and/or figures underlined shall be added. Words and/or figures stricken through shall be deleted.
Asterisks represent omitted and unchanged material.
Z-
96- 51_
PASSED AND ADOPTED this 11 th day of Jul1996.
ATTEST:
WALTER 11_ENfAN
CITY CLERK
PREPARED AND APPROVED BY:
i
LINDA K. KEARSON
I ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. INJO III
CITY ATTO EY
W951:csk:LKK
3-
0 GORT, VICE -MAYOR
96- 5i1
SENT BY - COM PLAN' REV/ASSET MGM; 7- 2-96 ; 4 : 3SP:1f CITY OF M I.Oi I CITY Di41NAGER ' S OFF. ; fr 2/
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM ioA
Honorable Vice -Mayor and Members
TO:. of the City Commission DATE JUL 3 ' 1996 FILE
FROM :
city
Resolution to include Additional
sunir -T - Property in UDP/ RFP for Virginia
Key Boat Yard
REFERENCES
ger ENCLOSURaResolutlon
R.ECQDH1iIF AN TION
It is respectfully recommended that the City Commission adopt the attached
Resolution amending Resolution No. 96-283 adopted April 25, 1996 to include an
additional City -owned property, the Rickenbacker Marina (located at 3301
Rickenbacker Causeway) as a future optional site under the Unified Development
Project ("UDP'l created by said resolution for the development and operation of a boat
yard and ancillary marine related facilities at as the Virginia Key Boat Yard, located.
next door at 3601 Rickenbacker Causeway. The additional property would then be
included as a future option in the Request For Proposal issued for said UDP.
BACKGROUND
The Department of Community Planning and Devitalization has prepared the attached
documentation. Following City Charter and Code provisions, Resolution No. 96-283
determined that the most advantageous method to develop certain improvements to
designated City -owned waterfront property was as a UDP. The related Rcquest for
Proposals (RFP) for the subject UDP would seek the development and operation of a
boat yard and ancillary marine related facilities at the property known as the Virginia
Key Boat Yard, located at 3601 Riekenbac:kcr Causeway.
Upon fiirther study, it became apparent that inclusion of the adjacent leasehold site,
the Rickenbacker Marina, located next door at 3301 Rickenbacker Causeway, in the
RFP offering would result in significant advantages to the CITY and the boating
community in terms of property management, physical improvements and
marina/boat yard operations. It is recommended that this additional property be
included in the UDP as an optional site for future development. The Successful
Proposer would be required to pay annu.-il compensation to the City until such time
as the option is exercised, which may be at the end of the existing tenant's lease term
in the year 2009.
The effectuate this change, the attached Resolution amends the earlier determination
of the UDP to include that additional property as a future option.
95- 511
REQUEST FOR
UNIFIED DEVELOPMENT PROPOSALS
FOR
THE VIRGINIA KEY
RICKENBACKER CAUSEWAY
Miami, Florida
ISSUE DATE: July 29,1996
CITY OF TVII.AMI
Wifredo (Willy) Gort, Vice -Mayor
Miller J. Dawkins, Commissioner
Joe Carollo, Commissioner
J.L. Plummer, Jr., Commissioner
Cesar H. Odio, City Manager
A. Quinn Jones III., City Attorney
Prepared by:
Department of Community Planning and Revitalizati
Development Division
P.O. Box 330708
Miami, Florida 33233-0708
Tel. (305) 416-1400
Proposals Due:
2:00 p.m. Thursday, October 31,1996
6/28/96
96--
TABLE OF CONTENTS
I. PUBLIC NOTICE.................................................................................................................................................... I
II. OVERVIEW............................................................................................................................................................2
A. INTRODUCTION...............................................................................................................................................2
B. AREA LOCATION AND CHARACTERISTICS...............................................................................................4
C. DESCRIPTION OF SITE....................................................................................................................................7
1. LOCATION......................................................................................................................................................7
2. AREA................................................................................................................................................................
7
3. EXISTING FACILITIES...................................................................................................................................
7
4. ENVIRONMENTAL CONDITIONS:................................................................................................................
7
5. ADJACENT USES............................................................................................................................................9
6. EXISTING UTILITIES.....................................................................................................................................
9
7. REVIEW OF ADJACENT CITY LEASES.......................................................................................................10
D. LEASE TERM...................................................................................................................................................10
E. FINANCIAL RETURN TO THE CITY - FAIR MARKET VALUE................................................................10
1. FORM OF LEASE PAYMENTS.....................................................................................................................10
2) MINIMUM RENT..........................................................................................................................................10
3) APPRAISAL TO DETERMINE FAIR MARKET VALUE...............................................................................11
4) PAYMENT SCHEDULE................................................................................................................................11
F. TAXES...............................................................................................................................................................12
G. ZONING............................................................................................................................................................12
H. UNIFIED DEVELOPMENT PROPOSAL SELECTION PROCESS...............................................................13
I. UNIFIED DEVELOPMENT PROJECT SCHEDULE (TENTATIVE)..............................................................15
III. REQUEST FOR PROPOSALS - GENERAL REQUIREMENTS.................................................................16
A. DECLARATION AS A UDP............................................................................................................................16
B. COMMITMENT OF FUNDS............................................................................................................................16
C. COMMITMENT OF PROPERTY.....................................................................................................................17
D. COMMITMENT OF SERVICES AND MATERIALS.....................................................................................18
E. EXECUTION OF CONTRACTS.......................................................................................................................18
F. RIGHT OF TERMINATION.............................................................................................................................18
IV. ELEMENTS OF PROPOSALS.........................................................................................................................19
A. DEVELOPMENT OBJECTIVES......................................................................................................................19
B. USE OF PROPERTY.........................................................................................................................................19
I. REQUIRED PRINCIPAL USES............................................................................................................I........19
2. PERMITTED ANCILLARY USES FOR BOAT YARD....................................................................................20
3. REQUIRED ACCESSORYAND ANCILLARY USES....................................................................................21
C. PROPOSED SITE IMPROVEMENTS..............................................................................................................24
1. STRUCTURES...............................................................................................................................................24
2. LANDSCAPING.............................................................................................................................................
24
3. MARINA AND BOAT YARD..........................................................................................................................
25
4. PARKING AND CIRCULATION...................................................................................................................25
5. GENERAL DESIGN STANDARDS AND GUIDELINES?.............................................................................
25
D. PERMITTING AND LICENSING....................................................................................................................25
E. ESTIMATED CONSTRUCTION COST...........................................................................................................26
F. DEVELOPMENT SCHEDULE.........................................................................................................................26
G. PROPOSED CUSTOMER AND PUBLIC SERVICES....................................................................................27
H. MANAGEMENT, MAINTENANCE AND OPERATIONS.............................................................................27
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95- 51
I. FINANCING STRATEGY.................................................................................................................................28
J. COMPOSITION AND QUALIFICATIONS OF THE DEVELOPMENT (PROPOSING) ENTITY &
CONSULTANTS....................................................................................................................................................28
1. GENERAL......................................................................................................................................................
28
2. CONSULTANTS.............................................................................................................................................28
3. EXPERIENCE AND QUALIFICATIONS......................................................................................................
29
4. CHANGES TO THE DEVELOPMENT TEAM...............................................................................................29
S. BACKGROUND CHECKS.............................................................................................................................30
6. ADDITIONAL INFORMATION.....................................................................................................................30
K. MINORITY & LOCAL FIRM PARTICIPATION............................................................................................30
V. PROPOSAL SUBMISSION REQUIREMENTS..............................................................................................32
A. SUBMITTAL PROCEDURES..........................................................................................................................32
B. DEVELOPMENT PROPOSAL CONTENTS...................................................................................................33
VI. EVALUATION CRITERIA...............................................................................................................................36
A. INITIAL REVIEW OF PROPOSALS FOR COMPLIANCE WITH RFP........................................................36
B. REVIEW COMMITTEE EVALUATION CRITERIA.....................................................................................37
I. OVERALL PLAN & DESIGN OF THE PROPOSED DEVELOPMENT .................................................
37
Z. PROPERTYENHANCEMENT...................................................................................................................38
3. INCLUSION OF OPTION PROPERTY......................................................................................................
38
4. MANAGEMENT AND OPERATIONS.......................................................................................................
38
4. FINANCIAL RETURN TO THE CITY.......................................................................................................39
S. FINANCIAL CAPABILITY.........................................................................................................................
39
6. EXPERIENCE OF THE PROPOSING ENTITY.......................................................................................
39
7. CAPABILITY OF THE DEVELOPMENT ENTITYAND CONSULTANTS ...........................................
40
8. EXTENT OF MINORITY PARTICIPATION.............................................................................................40
9. PARTICIPATION OF LOCAL FIRM(S)....................................................................................................
41
C. CPA FIRM EVALUATION CRITERIA...........................................................................................................41
VII. TERMS AND CONDITIONS OF PROPOSED LEASE AGREEMENT.....................................................42
A. AUTHORIZATION...........................................................................................................................................42
B. TERMS AND CONDITIONS............................................................................................................................42
VIII. OPTION ON THE RICKENBACKER MARINA........................................................................................43
iii
95- 511
APPENDICES
APPENDIX A. City of Miami Charter and Code - applicable sections
APPENDIX B. Pertinent Legislation
APPENDIX C. Summary - Dade County Manatee Protection Plan
APPENDIX D. City of Miami Baywalk/Riverwalk Design Standards and
Guidelines
APPENDIX E. City of Miami Minority and Women Business Affairs and
Procurement Program: Article IV.5., Sections 18-67 - 18-77
of the Code of the City of Miami; Ordinances 10062, 10538
and 11272
APPENDIX F. Source List
APPENDIX G. Option Request Form
EXHIBITS
EXHIBIT I.
Sketch of Survey (includes Legal Description)
EXHIBIT II.
Declaration, Professional Information, and Financial Forms
EXHIBIT III.
Minority Participation Forms; Office Location Affidavit
EXHIBIT IV
Sketch of Survey (Optional Property, Rickenbacker Marina)
FIGURES
j FIGURE I
Regional Location Map
FIGURE II
Area Location Map
i � FIGURE III
Site Location Map
j FIGURE IV
Powerboat Racing Pit Area Map
+� FIGURE V
Option Property Location Map
j FIGURE VI
Option Property Site Location Map
iv
10 96—
I. PUBLIC NOTICE
The City is seeking Unified Development Project Proposals for the development of certain
commercial and recreational water -dependent facilities, and ancillary related uses on up
to 28.08 acres of City -owned, waterfront property and adjacent bay bottom lands located
on Virginia Key, Miami, Florida (the "PROPERTY"). The City, through this offering, seeks to
procure from the private sector an integrated package of services consisting of planning and
design, construction, leasing and management of the proposed commercial and recreational
development.
The PRIMARY PROPERTY being offered includes 5.625 acres of upland contiguous to the
Marina Stadium Basin and up to 1.007 acres of adjacent submerged (bay bottom) lands in the
Marina Stadium Basin, a total of 6.632 acres, located at 3501 Rickenbacker Causeway.
Development shall include a boat yard, dry storage, marina and ancillary related uses including
marine related retail and a prepared foods concession. As an optional offering, a Proposer may
elect to include in its proposal an interest in acquiring the optional rights to enter into a
subsequent lease agreement for the development and operation of the "OPTION PROPERTY", a
21.448 acre parcel located at 3301 Rickenbacker Causeway, said rights to be exercised at the
conclusion of the lease of the existing tenant in the year 2009. Development and use of the
OPTION PROPERTY shall include marina, and ancillary marine -related retail, and a prepared
food concession. For the purposes of this RFP, the "PROPERTY" shall be taken to mean both
the "PRIMARY PROPERTY" and "OPTION PROPERTY".
All proposals shall be submitted in accordance with the Request for Proposals document (RFP)
which may be obtained on or after the issue date from the City of Miami Department of
Community Planning and Revitalization; contact by mail at PO Box 330708, Miami, Florida
33233-0708, in person 444 SW Second Avenue - 3rd Floor, or telephone (305) 416-1400. This
document contains detailed and specific information regarding the parcel of land contemplated
for development, the uses the City is seeking, the submission requirements and selection
procedures pertinent to this Unified Development Project. The cost of the RFP document is $20
per copy, and requests for the RFP should be accompanied by check (cashier's check or money
order preferred). The cost of the RFP may be reimbursable only upon the return of a clean,
unmarked document to the City within two (2) weeks of the deadline for submittals.
The City will conduct a Pre -Submission Conference on Aug.13, 1996 at the Community
Planning and Revitalization Department offices. While attendance at the Pre -Submission
Conference is not a condition for offering proposals, all prospective developers are invited to
attend. The Pre -Submission Conference is intended to provide opportunities to review the
contents and requirements of the RFP, to answer questions of potential proposers, and for
prospective parties to network toward forming development teams. The City will conduct an
on -site inspection tour of the PRIMARY PROPERTY immediately following the Pre -Submission
Conference.
Proposals must be delivered to Walter Foeman, City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133, by 2:00 p.m., Thursday October 31, 1996 and those proposals
received will be opened publicly on that day.
The City of Miami reserves the right to accept any proposal deemed to be in the best interest of
the City, to waive any irregularities in any proposal, or to reject any or all proposals and to re -
advertise for new proposals, in accordance with the applicable sections of the City Charter and
Code regarding Unified Development Projects. Furthermore, until such time as a lease
agreement is executed by the City, the selected proposer shall not have any vested rights, nor
title or interest in the PRIMARY PROPERTY or in the development proposed thereon.
Cesar H. Odio
City Manager
Adv. No. ****
1
96- 511
II. OVERVIEW
A. INTRODUCTION
The City is seeking Unified Development Project Proposals for the
development of certain commercial and recreational water -dependent
facilities, and ancillary related uses on up to 28.08 acres of City -owned,
water front property and adjacent bay bottom lands located on Virginia Key,
in Miami Florida (the "PROPERTY"). The City through its offering, seeks to
procure from the private sector an integrated package of development services
consisting of planning and design, construction, leasing and management of
the proposed commercial and recreational development.
The PRIMARY PROPERTY being offered includes 5.625 acres of upland
contiguous to the Marina Stadium Basin, and up to 1.007 acres of adjacent
submerged (bay bottom) lands in the Marina Stadium Basin, a total of 6.632
acres, located at 3501 Rickenbacker Causeway. Development shall include a
boat yard, dry storage, marina, and ancillary related uses, including marine
related retail and a prepared food concession. As an optional offering, a
Proposer may elect to include in its proposal an interest in acquiring the
optional rights to enter into a subsequent lease agreement for the development
and operation of "OPTION PROPERTY", a 21.448 acre parcel located at 3301
Rickenbacker Causeway, said rights to be exercised at the conclusion of the
existing lease in the year 2009. Development and use of the OPTION
PROPERTY shall include marina, and ancillary marine -related retail, and a
prepared food concession. For the purposes of this RFP, the "PROPERTY" shall
be taken to mean both the "PRIMARY PROPERTY" and "OPTION PROPERTY".
The City Commission has adopted Resolution No. 96-283, as amended
declaring that the most advantageous method to develop certain improvements
at the PROPERTY is through the Unified Development Project (the "UDP")
process that seeks to procure an integrated development package from the
private sector including' planning and design, construction, leasing and
management of the PROPERTY.
On July 11, 1996, the City Commission adopted Resolution No. -------
authorizing the issuance of this Request for Proposals (the "RFP") as required
by the City Charter and Code in applicable sections governing UDP's. Pertinent
legislation referenced herein is included in Appendix A. The City Commission
shall appoint members to a review committee and select a Certified Public
Accounting firm to evaluate proposal submissions and report findings to the
City Manager as required by the City Charter and Code sections regarding
UDP's.
Proposals must present a definitive development program, completion
schedule, financial strategy, and management plan respecting all requirements
2
12 96- 511
of this Request for Proposals to form the basis for selection by the City.
Proposals submitted in response to this RFP shall also include planning and
design, financing, and construction of proposed improvements appropriate to
the character of the site and the Virginia Key waterfront. The PROPERTY,
which is owned by the City, is to be developed, leased, operated, managed and
maintained at no cost to the City by the selected proposer who is chosen by the
City Commission to develop the PROPERTY under a long term property lease
agreement with the City. Any lease agreement entered into for the development
of the PROPERTY shall comply with the requirements of Section 3 (f) (iii) of the
City Charter, included herein for reference in Appendix A, pertaining to public
access and view corridor requirements for City -owned waterfront.
The City will conduct a Pre -Submission Conference at 10:00 a.m. on
August 13, 1996 at the Community Planning and Revitalization Department,
444 SW 2nd Ave., Miami, Florida, for the purposes of explaining the RFP and to
provide opportunities for prospective proposers to raise questions or issues on
the RFP, or to network with others who may be interested in forming or joining
development teams. While attendance at the Pre -Submission Conference is not
a condition for offering proposals, all prospective proposers are invited and
encouraged to attend. The City will conduct an on -site inspection tour of the
PRIMARY PROPERTY immediately following the Pre -Submission Conference.
Proposals must be delivered to the Office of the City Clerk, (First Floor
Counter) City Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00
p.m., Thursday, October 31, 1996. A list of proposers will be made public on
that day.
Unless specifically authorized by the City, no additions or modifications
may be made to the proposals and the entities they represent subsequent to
the submission deadline. New and/or current personnel who are not identified
in the proposal may not be introduced as part of the proposal entity or its
consultants subsequent to the submission deadline, unless specifically
approved by the City.
Except for public hearings and scheduled presentations, contact with the
City regarding this RFP or any aspect of a proposal by a proposer or any
representative of a proposer shall be limited to the City Manager or his
designee, Jack Luft, Director, Department of Community Planning and
Revitalization, until such time as the successful proposer is determined by the
City Commission. All questions or requests for additional information should
be addressed in writing to Jack Luft, Director, City of Miami, Department of
Community Planning and Revitalization, PO Box 330708, Miami, Florida
33233-0708. Any response to such questions or requests that could
potentially impact proposals will be furnished to all proposers in the form of an
addendum to this RFP.
3
The City of Miami reserves the right to accept any proposals deemed to be
in the best interest of the City, to waive any irregularities in any proposals, or
to reject any or all proposals and to re -advertise for new proposals, in
accordance with applicable sections of the City Charter and Code. Any
proposal deemed to be non -responsive or not responsible will be rejected. A
responsible proposer is one that has the capability in all respects to fully
perform the requirements set forth in the proposal and the proposed lease, and
that has the integrity and reliability which will assure good faith performance.
A responsive proposer is one that has submitted a proposal that conforms in
all material respects to the RFP. Thus, for example, a proposal that has not
substantiated the financial capability of a prospective proposer may be
rejected.
To identify the proposal deemed most advantageous to the City, the City's
consideration shall include, but not be limited to: the proposer's experience,
the capability of the development entity and its consultant(s), the amount of
return offered to the City, the proposer's financial qualifications and capability,
the overall design of the proposed development, the extent of minority
participation, and the evaluation by the City of all information submitted in
support or explanation of the proposed development of the PROPERTY.
Furthermore, until such time as a lease agreement is executed by the CITY, the
selected proposer shall not have any vested rights, nor title or interest in the
PROPERTY or in the development proposed thereon.
Right To Reject all Proposals: Pursuant to City Charter Section 29-A, sub-
section (c)(6), the City reserves the right to reject all proposals and further, to
terminate the UDP process and/or contract after a public hearing in the event
of any substantial increase in the City's commitment of funds, property, or
services, or in the event of any material alteration of any contract thus
awarded.
Reservation: The information contained in this RFP is published solely for the
purpose of inviting prospective proposers to consider the development
opportunity described herein. Prospective proposers should make their own
investigations, projections, and conclusions without reliance upon the material
contained herein.
B. AREA LOCATION AND CHARACTERISTICS
The PRIMARY PROPERTY to be developed is located in the area of Miami
known as Virginia Key, which is an island to the east of the City as shown in
Figure 1. - Regional Location Map and Figure 2. - Area Location Map. Virginia
Key is entirely publicly owned and consists of a diverse natural and man made
environment ranging from mangrove forests to regional tourist marine
4
14 96- 51
'} .c1Vt � n ram, J V. i�1� t \t ��I :,`r ti''ad wb � '1 s,•
MAN
t x�
M u
r
1
•. ty`'�y>s��xh ot'b '�,�.Z x _ yt.
�'19rry
A t4i1{tr!
t
tly ` r
Y ~
VIRGIIRIR Kff BOINTYRRD
Area location Fig.2
16
96- 511
attractions, a public high school, rowing clubs and public beaches. Adjacent to
the PRIMARY PROPERTY is Marine Stadium, a 6600 seat grandstand facility
for the staging of marine shows, concerts and boat races. The island is directly
accessed from Interstate 95 and U.S. Highway 1 on the mainland four miles to
the west by Rickenbacker Causeway, a four lane, median divided toll roadway.
Along Rickenbacker Causeway one mile to the southeast of the Property is Key
Biscayne, an island known for its large regional public recreational beaches
and parks and the community of Key Biscayne
C. DESCRIPTION OF SITE
1. LOCATION
As shown in Figure 3. Site Location Map the Property is bordered on the
east by Marine Stadium, on the north by the Marine Stadium Basin
waterfront, in the west by Rickenbacker marina (the OPTION PROPERTY)
and on the south by a parking lot and Rickenbacker Causeway
2. AREA
The area of the PRIMARY PROPERTY is a maximum total of 6.632 acres,
the boundaries of which are shown on the Sketch of Survey included herein
as Exhibit I. The PRIMARY PROPERTY consists of 5.625 acres upland and
1.007 acres submerged lands.
3. EXISTING FACILITIES
The existing publicly -owned improvements are to be included in the future
leasehold. Other than the inspection conducted on the date of the pre -
Submission Conference, the PRIMARY PROPERTY and its facilities will be
open for inspection by appointment only. Contact Raul de la Tone, Marinas
Manager, Dinner Key Marina (305) 579-6980 to schedule an appointment
Existing Facilities Include:
• Office/retail structure of approximately 4000 square feet of enclosed
floor area
• Restaurant concession consisting of approximately 4000 square feet
of outdoor deck dinning area and 2000 feet of enclosed kitchen and
dinning area.
• Boat ramp
• Approximately 290 dry rack slips (existing rack structures are
included in this leasehold offering)
• 2,000 gallon fuel storage tank (single wall) with dispenser.
4. ENVIRONMENTAL CONDITIONS:
The PRIMARY PROPERTY includes a maximum of approximately 1.007
acres of bay bottom land located in the Miami Marine Stadium Basin. Any
proposed development shall conform to the prescriptions and requirements
of effective
7
17
96- 511
r
an]
environmental regulations governing same. As of the issue date for this
RFP, there are no areas located within the PRIMARY PROPERTY that are
considered sensitive or protected habitats. Note that all operations of the
proposed development shall also conform to existing environmental
regulations and permitting requirements.
Under the Manatee Protection Plan, as drafted by Metropolitan Dade
County's Department of Environmental Resources Management, Major
regions of the navigable waters in Biscayne Bay are designated Essential
Manatee Habits. The PRIMARY PROPERTY is located outside of Essential
Manatee Habitats, as Miami Marine Stadium Basin is not designated an
essential manatee habitat. However, The Proposer should be aware that
adjacent waters of Biscayne Bay are designated essential manatee habits
and a copy of the Manatee Protection Plan should obtained and reviewed by
The Proposer. A summary of the Dade County Manatee Protection Plan is
included as Appendix C.
Prior to the execution of a lease agreement by the parties, the CITY will
allow the successful proposer to conduct environmental investigation(s) of
the PRIMARY PROPERTY, subject to such conditions and limitations as may
be imposed by the City Manager, including, without limitation, requirements
for supervision by the City, disposition of reports, and execution of any legal
documents. The resolution and/or remediation of the results of such
investigation(s), if or as required, shall be the subject of negotiation between
the City and the successful proposer.
5. ADJACENT USES
The PRIMARY PROPERTY is bordered to the west by a wet slip marina and
dry rack storage boat yard (both components of the OPTION PRIMARY
PROPERTY) and the Rusty Pelican.
East of the PRIMARY PROPERTY is the Miami Marine Stadium, a 6,000 seat
amphitheater facility for marine events and concerts, the Miami Rowing
Club and the Marine Science and Technology (MAST) High School of the
Dade County School System's magnet program.
The Seaquarium, a 30 acre marine entertainment park, lies one half mile to
the southeast on the south side of Rickenbacker Causeway
The PRIMARY PROPERTY and it's facilities will be open for inspection to
prospective proposers by appointment only . Contact Eduardo Rodriguez,
Director of Assets Management, at telephone (305) 416-1450 for an
appointment.
6. EXISTING UTILITIES
The site and structures are currently served by water, sanitary sewer,
electric and telephone utilities. Plans showing detail of underground utilities
may be available from the City Public Works Department, Central Files, PO
E
9s- 511
Box 330708, Miami, Florida 33233-0708 or 444 SW Second Avenue,
telephone (305) 416-1200.
7. REVIEW OF ADJACENT CITY LEASES
It is strongly recommended that proposers review the terms and conditions
of leases and subleases for the other City -owned parcels, copies of which are
on file with the City's Office of Asset Management. Said files for the
PRIMARY PROPERTY and adjacent City facilities will be open for inspection
to prospective proposers by appointment only. Contact Nancy Fernandez of
the Office of Asset Management, (305) 416-1450 for an appointment.
D. LEASE TERM
The City will enter into a lease agreement with the selected proposer for the
development of the PRIMARY PROPERTY described herein for a maximum
term of forty (40) years including any renewal options. Proposals for shorter
lease terms are preferable to the City. The structure and the term of the
lease will be a matter for negotiations with the successful proposer.
E. FINANCIAL R 'TURN TO THE CITY - FAIR MARKET VALUE
1. FORM OF LEASE PAYMENTS
In accordance with City Charter Section 29B, the City may not consider any
sale or lease of City property unless the City shall receive fair market value
for such sale or lease. In submitting a proposal, each Proposer shall make
an offer of annual lease payments to the City which shall conform to the
following format: a minimum annual guarantee or a percentage of gross
receipts, whichever is greater. Different percentages of gross receipts may be
offered for the different operations included in the proposal. Proposals shall
include sufficient analyses of costs and revenue to justify the proffered
figure as "fair market value" according to the details of its development and
management programs. Each Proposer shall specifically state in its
Proposal that it agrees that its annual lease payments will meet or exceed
fair market value, if its proposal is accepted by the City.
22 MINIMUM RENT
Annual lease payments (base rent and/or the percentage(s) of gross
receipts) offered to the City in a proposal may be negotiated upwards by the
City depending on the extent and quality of improvements proposed, and
may similarly be subject to incremental escalation over the lease term.
Additionally, minimum annual lease payments may be adjusted annually
according to the Consumer Price Index over the lease term.
zo 10 96- 511
The City has required in a previous Request for Proposal (Issued Max.
30,1995) a. minimum annual lease payment of $180,000 (which may b:
adjusted annually subject to Consumer Price Index increases over the least
term) or the combined minimum percentages of gross revenues as follows
10% of gross boatyard revenues, and 7% of gross retail sales including fue
and commercial sublease revenues, and 7% of gross prepared food anc
beverage sales.
3) APPRAISAL TO DETERMINE FAIR MARKET VALUE
Fair market value will be determined according to the following process.
The proposal that is conditionally accepted by the City Commission will be
subject to an appraisal of the use as proposed by two (2) Master Appraiser
Institute (MAI) qualified appraisers, which will be selected by the City and
have documented experience in assessing properties of the same or similar
uses. The proposer submitting said proposal will be given an opportunity
to present its' proposal, as well as supporting documentation, to the
appraisers. Should the result of those two appraisals reveal that the
Proposer's offer does not meet fair market value, then the Proposer shall be
given the opportunity to revise its' offer so that it meets or exceeds said
value. In the event said Proposer is unable (or unwilling) to revise its
original offer, it may remove its proposal from consideration or it may, at
its own cost and expense, procure a reconciliation appraisal. The
appraiser performing the reconciliation appraisal shall also be MAI
qualified, have documented experience in assessing properties of the same
or similar uses, and be subject to the approval of the City.
In the event a conditionally accepted proposal is removed from
consideration during this process to determine fair market value, the City
may then, at its option, conditionally accept the proposal ranked next by
the Review Committee, or the City Manager, as applicable, or the City may
terminate the active RFP process and solicit new proposals. A proposer
whose proposal is thus removed from consideration will reimburse the City
for City's costs in securing appraisals.
4) PAYMENT SCHEDULE
Lease payments to the City are due and payable upon the commencement of
the lease, and the minimum guarantee is generally divided into twelve
monthly installments due in advance of each month. The City may, during
the course of negotiations with the Successful Proposer, consider alternative
payment schedules, as may be suggested in the proposal, to address initial
permitting, construction and start-up phases of the project. Alternative
payment schedules, if accepted by the City, shall be considered only an
interim deferral of the required rental payments) and not a reduction or waiver
of them. Further, since annual payments cannot be waived by law, any
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deferred payments may be subject to market interest payable to the City.
All payment schedules shall be subject to the ultimate approval of the City
Commission.
F. TAXES
All entities contracting with the City under the UDP process shall be
obligated to pay whichever is the greatest of the following: (1) all applicable
ad valorem taxes that are lawfully assessed against the PRIMARY
PROPERTY, or (2) an amount equal to what the ad valorem taxes would be if
the PRIMARY PROPERTY were privately owned and used for a profit -
making purpose. Such taxes shall not be credited against any revenue
accruing to the City under any contract that may be awarded under the
UDP process.
Estimated Current Ad Valorem Taxes: Assuming an estimated appraised
land value of $1,140,000 and an estimated project improvement cost of
$1,500,000 the total assessed value for both land and improvements would
be estimated at $2,640,000 representing 80% of the total estimated
appraised value. The resulting estimated annual property tax, based on the
1995 millage rate of 30.7275 would be $81,121 These estimates are for
illustrative purposes only. Ad Valorem taxes, if assessed, will depend on the
value of the proposed improvements and the then current assessed value of
the land.
G. ZONING
Pursuant to the City of Miami Zoning Code, the property is zoned C-1-
Restricted Commercial, as described in the official City of Miami Zoning
code. As of November 11,1994 this property, along with the Miami Marine
Stadium property to the east was annexed by the City of Miami,
amendments to the City Comprehensive Plan and Zoning Atlas are currently
in process to establish the C-1 district for the property. This classification,
covers the following allowable uses including but not limited to:
a) outdoor boat racks
b) outdoor boat and boat trailer storage
c) boat hoist
d) boat ramp
e) fueling services
f) general repairs and servicing of boats
g) concession restaurant with outdoor patio area
h) sale of marine hardware and supplies
i) launching services of all kinds
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22 96- 511
j) sale of new and used boats and motors
k) rentals of motorized and sail craft, including jet skis
1) sale of nautical gifts and sundries
m) other related services
The successful proposer may provide floating docks or wet slips for this
facility, however, these facilities must not interfere with designated PIT
AREA operations during Marine Stadium Events, as referred to in Section
IV, B, 4, of this RFP. All prospective proposers must ensure that their
proposed development complies with all applicable zoning laws, and State of
Florida regulations regarding these facilities. For details of allowable uses
and applicable requirements of the C-1 zoning district, please contact the
Department Community Planning and Revitalization, attn: Lourdes Slazyck,
Assistant Director, PO Box 330708, Miami, Florida 33233-0708 or 444 SW
Second Avenue - 3rd Floor, telephone (305) 416-1400.
H. UNIFIED DEVELOPMENT PROPOSAL SELECTION PROCESS
The proposal selection process is set forth in Section 29-A(c) of the Charter of
the City and Section 18-52.9 of the Code of the City. This process shall be
implemented as follows:
1. Solicitation of development proposals from qualified developers.
2. Initial review of proposals received in response to the RFP by City staff,
to determine compliance with RFP minimum submission requirements
as set forth in Section VI.A.
3. Evaluation of responsive proposals by a Certified Public Accounting
firm in accordance with criteria specified in Section VI.C.
4. Evaluation of responsive proposals by Review Committee appointed by
the City Commission in accordance with criteria specified herein in
Section VI.B.
5. Independent report of findings and recommendations submitted to City.
Manager by CPA firm and Review Committee.
6. City Manager recommendation to the City Commission of one or more
of the proposals, based on the findings of the CPA firm and
recommendations of the Review Committee, or alternatively, the City
Manager's recommendation that all proposals be rejected.
7. City Commission acceptance/rejection of City Manager's
recommendation and authorization to negotiate a lease agreement with
the selected proposer whose proposal is determined most advantageous
to the City, subject to the parties concurrence as to Fair Market Value.
8. Determination of Fair Market Value and concurrence of the parties.
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9. Negotiation of lease agreement between the City and the selected
proposer.
10. City Commission authorization to execute the negotiated lease
agreement with the selected proposer. The selected proposer shall have
no vested rights, nor title or interest in the PROPERTY or in the
development proposed thereon until such time as a lease agreement is
fully executed. Scheduling of the proposed lease agreement on the
ballot of the next available referendum for approval of the voters if less
than three (3) proposals were received.
11. Approval of the lease agreement by a majority of the municipal
electorate at a referendum, if less than three (3) proposals are received
by the City in response to this RFP.
12. Execution of lease agreement between the City and the selected
proposer
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96- 5
I. UNIFIED DEVELOPMENT PROJECT SCHEDULE (TENTATIVE)
Issuance of the RFP
Monday, July 29, 1996
Proposal Pre -Submission Conference/Site
Tuesday, August 13, 199E
Inspection
10:00 a.m.
Location: Dept. Community Planning & Revitalization
444 SW Second Avenue - 3rd Floor
Miami, Florida 33130
Site: 2640 S. Bayshore Drive
Coconut Grove
Proposal Submission Deadline
Thursday, October 31, 19
Location: Office of the City Clerk
2:00 p.m.
Miami City Hall - First Floor Counter
3500 Pan American Drive
Dinner Key
Miami, Florida 33133
Initial Review of Proposals (by staff)
Friday, November 1, 1996
Review Committee Meeting,for Instruction
November 4, 1996
CPA Firm's initial evaluation of Proposals made
November 11, 1996
available to Committee
Review Committee Meeting(s): CPA Firm presents its
November 18, 1996
Findings to Committee, Committee Interviews
Qualified Proposers
Recommendations from the Review Committee and
November 22, 1996
CPA Firm to the City Manager
Recommendation from the City Manager to the City
December 12, 1996
Commission for Selection of One or More
Proposals and Authorization to Negotiate Lease -
or - Rejection of all Proposals
Determination of Fair market Value by appraisal
December 1996 - Janu;
rocess
1997
Begin Lease Negotiations with Selected Proposer
January 1997
City Commission Authorization to Execute Negotiated
February 1997
Lease and, if necessary, Scheduling of
Referendum Ballot Item
Referendum of Voters if necessary)
Aril 1997
Execution of Lease
April 1997
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III, REQUEST FOR PROPOSALS - GENERAL
REQUIREMENTS
This RFP is being issued in accordance with City of Miami Charter Section 29
and City Code Section 18-52.9, which are incorporated herein by reference and
included as Appendix A. The following information highlights certain (but not
all) requirements for UDPs.
A. DECLARATION AS A UDP
The City Commission determined and declared by Resolution that, for the
development of improvements on City -owned property or property to be
acquired by the City, it is most advantageous to the City to procure from the
private sector one or more of the following integrated packages: (1) planning
and design, construction and leasing; or (2) planning and design, leasing, and
management; or (3) planning and design, construction, and management; or (4)
planning and design, construction, leasing and management from a private
entity.
The City Commission adopted Resolution No. 96-286, as amended, declaring
that the most advantageous method to develop certain improvements on the
PROPERTY is by a UDP process that seeks to procure an integrated
development package from the private sector including planning and design,
construction, leasing and management of the PROPERTY.
B. COMMITMENT OF FUNDS
1. City: The City shall not provide funds or financing for the development
contemplated by this RFP.
2. Selected proposer:
a) Debt Financing, Rent 8v Reimbursements: The selected proposer iE
required to provide adequate equity and commitment for debl
financing to finance all aspects of the proposed Unified Developmeni
of the PROPERTY. The selected proposer is required to provide the
City with a minimum guaranteed annual rent as specified in Section-
II. E. "Financial Return to the City".
Upon both parties' execution of the lease agreement, the selectee
proposer shall reimburse the City for any and all direct costs incurrer_
in evaluating all proposal submissions, including but not limited to
appraisal fees, the professional services of the certified publi,
accounting firm selected by the City Commission, and all advertisin
and printing costs related to this UDP, as well as any costs which may
be incurred by the City during permitting processes. (Refer to Section
IV. D. Permitting and Licensing", page 25.) The City shall deposit in
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26 96--
local banking institutions all moneys collected as a result of this
UDP/RFP.
b) Performance Bond: Simultaneous with execution of the lease
agreement, the selected proposer shall be required to furnish the City
with a Performance and Payment Bond, in customary form utilized for
commercial transactions involving private sector principals in Dade
County, and in the amount equal to the total estimated cost of the
PROJECT improvements, but not less than $1,000,000.00 as stated
in Section IV. Estimated CONSTRUCTION Cost" on page 26 of this
RFP.
c) Security Deposit: Simultaneous with execution of the lease
agreement the. selected proposer shall be required to furnish the City
a security deposit equal to the one half (50%) of the first year's
minimum rent. Such security deposit shall be in the form of cash,
cashier's check or an acceptable Irrevocable Letter of Credit issued by
a financial institution acceptable to the City. Such security shall be
used for purposes deemed appropriate solely by City, including
delinquent lease payments, and is to be replenished by Lessee within
a time period specified by City.
d) Proposal Deposit: Submission of the proposal shall include, as
evidence of the proposer's creditworthiness and ability to meet its'
proffered financial commitment for the development, $25,000 in the
form of cash or a cashier's check. Such funds collected by the City
shall be reimbursed to all but the Selected Proposer upon the
selection of the apparent most advantageous proposal. Note that the
City may require the submitter of the next ranked proposal to return
said deposit in the event the conditionally accepted proposal is
removed from consideration during the appraisal process (see Section
II.F.2. "appraisal to Determine fair market value" on page 11).
C. COMMITMENT OF PROPERTY
The PROPERTY and its improvements are offered "as is" by the City for
development and long term management. No representations or warranties
whatsoever are made as to the condition, state or characteristics . Express
warranties and implied warranties of fitness for a particular purpose or use
and habitability are hereby disclaimed.
Testing, audits, appraisals, inspections, and the like desired or necessary to
submit a proposal shall be at the sole expense of the prospective proposer.
Reports regarding the PROPERTY, including any appraisal reports, that the
City may have in its possession are available as public records.
The City intends to enter into a lease agreement for the PRIMARY PROPERTY
with the selected proposer. (Refer to Section II.D.) The term of the lease
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agreement to be entered into between the selected proposer and the City shall
be a maximum of forty (40) years, though the City prefers a shorter term. The
lease agreement shall be structured to provide the City with a minimum
guaranteed annual rent or a percentage of gross revenues, whichever is
greater.
City -owned property is held in public trust and cannot be mortgaged, pledged,
liened or subordinated in any way as a part of the lease agreement. All
leasehold improvements shall become the sole property of the City upon the
expiration of the lease agreement.
D. COMMITMENT OF SERVICES AND MATERIALS
All City services such as police and fire protection, which are routinely provided
to any private development within the City, shall be provided to the selected
proposer by the City.
E. EXECUTION OF CONTRACTS
Upon the conclusion of the UDP process as required by applicable City Charter
and Code provisions, including any required voter approval, the lease
agreement for the PROPERTY shall be signed by the City Manager or his duly
authorized designee after approval thereof by the City Commission. The
selected proposer shall not have any vested right,. title or interest in the
PROPERTY until such time as the leasehold agreement is executed by the City.
F. RIGHT OF TERMINATION
In addition to any other right of termination available, any substantial increase
in the City's commitment of funds, property, or services, or any other material
alteration of any contract awarded for a Unified Development Project shall
entitle the City Commission to terminate any contract including the lease after
a public hearing. Prior to such public hearing, the Commission shall seek and
obtain a report from the City Manager and from the Review Committee that
evaluated the proposals for said project, concerning the advisability of the City
exercising its right. The City shall have no liability with regard to its exercise of
said right and the selected proposer shall bear all of its own costs with respect
thereto.
As stipulated in Subsection (e)(4) of Charter Section 29-A(c), "substantial
increase" shall be defined as a 10% or more increase to the City's proposed
commitment of funds, property and/or services, and "material alteration" shall
be defined as a failure to comply with all aspects of the proposal except as may
be specifically permitted in writing by the City Manager.
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28 95- 511
IV. ELEMENTS OF PROPOSALS
Respondents to this RFP are advised that the following factors should be
addressed in the proposals and each will be critically evaluated.
A. DEVELOPMENT OBJECTIVES
Proposals must meet the City's development objective of compatible
public/private utilization of the Property. Proposals must preserve, provide
and maintain marine boat yard services for the boating community, enhance
public access to and enjoyment of the Biscayne Bay waterfront at Virginia Key.
Aesthetics of the development will be an important consideration in the
evaluation of proposals. Whether a proposal is to refurbish and expand
existing facilities or to build new facilities, the City expects the improvements
to respect the local environment and be responsive to the waterfront setting.
Of special concern is the view of the boat rack storage facilities from the
waterfront and from Rickenbacker Causeway and proposed landscape
treatment to screen such views.
B. USE OF PROPERTY
The principle use of the PRIMARY PROPERTY shall be a dry rack storage boat
yard facility. Ancillary uses of the facility allowed by the City, at the option of
the Proposer including marine -related retail space, restaurant and convenience
services for recreational boat users as options. All uses provided for shall be
non-exclusive uses. Please note that the City reserves the right to review and
approve any subleases that may arise from this RFP and a clause to that effect
may be included in the lease agreement. Any additional proposed or allowable
uses not considered by this document such as Gambling or similar type uses,
that may become legal during term of this lease, will be subject to the City's
review, approval and renegotiated terms and conditions including the
provisions for lease payments and percentages of gross revenues attributable to
such uses.
1. REQUIRED PRINCIPAL USES
a) Boat Yard Facility
The Successful Proposer shall be required to provide, enhance and
maintain a boat yard facility which may offer boat hauling, dry rack
storage for up to 296 vessels (or the maximum permitted by law), boat
cleaning, and minor repairs and basic maintenance services for marine
water craft. Minimum or maximum vessel size and weight will be
dependent upon the depth of the adjacent waterway.
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The boat yard facility may provide for minor boat repairs and basic
maintenance by marine trades persons which may include, without
limitation, electrical, mechanical, plumbing, planking, rigging, carpentry,
hull and engine repairs. The successful proposers the additionally allow
the opportunity for individual boat owners to perform repairs, general
maintenance and to make improvements to their private vessels,
independent of such services as may be provided by the operator or
tenants.
It shall be the responsibility of the successful proposer to ensure that
any hull repairs, painting, scraping and engine repairs allowed by Lessee
be conducted in full compliance with all applicable City, County, State
and federal regulations governing noise, odor and air pollution controls.
Proposers are additionally advised that any improvements to the existing
boat yard and dry rack storage facilities must comply with current
federal, state and local code requirements including life safety
regulations.
Required Services: The proposal shall include the services listed below,
as well as such additional improvements as may be required to
accommodate same.
(a) dock master services during normal working hours to
oversee hauling and departure activities.
(b) twenty-four (24) hour security and other emergency
services as may be required by the U.S. Coast Guard, local
police, and other agencies with jurisdiction
2. PERMITTED ANCILLARY USES FOR BOAT YARD
(a) Boat Yard/Marina Office
The redevelopment plan may include space for use as the dock master's
office, offices for the management and slip rental operations of the boat
yard, and office space for marine/boat yard trades, craftsmen, and/or
designers and for other permitted uses and activities. The City
recommends a maximum of 5,000 square feet for this purpose.
(b) Marine Fueling Facility
Proposers are offered, as an option, the right to sell and pump marine
fuel (diesel and/or gasoline) from the PRIMARY PROPERTY. Other than
existing equipment, fuel tanks (above ground tanks are preferred) and
dispensing equipment shall be constructed at Proposer's sole cost and
expense and shall conform to all local, state and federal regulations.
Said right to sell and dispense fuel shall be non-exclusive. As a City
leasehold, the operator may be required by the U.S. Coast Guard, loci
20
30 96-
police and other enforcement agencies to provide after-hours and/or
emergency fueling.
(c) Marine Recreation Concessions 8s Amenities
Marine related concessions may be provided and may include charter
fishing and dive boats, sail boat, canoe and/or kayak rental, and related
services and amenities, such as picnic facilities.
Jet ski rentals, such as those currently existing, are permitted. However,
proposers are advised that long term use of the stadium basin for jet skis
may be inconsistent with recent Dade County imposed bans on jet ski
use in surrounding waters of Biscayne Bay due to conflicts with
recreational boaters, swimmers, wind surfers, manatee and other
protested wildlife. The City may at any time impose a ban on jet ski use
within the Marine stadium Basin, and, within 90 days notice, terminate
all rental or sales of jets skis on the PRIMARY PROPERTY.
(d) Food Service Concession
One (1) prepared food and beverage concession is permitted for service to
Boat Yard tenants, employees and visitors. Such concession may offer
indoor and outdoor seating, the design and operation of which shall be
compatible with and complimentary to the character of the adjacent
waterfront.
(e) Boat Yard/Marine Related Retail
The boat yard may include an array of marine and boat yard related
retail to serve the needs of the boaters and boat yard tenants to include
general provisioning (such as a "ships' store"), packaged and fresh foods,
marine electronics, parts and equipment, sundry goods, convenience
supplies, marine apparel, and boating, marine, scuba, fishing and
related goods. A recommended guideline is a maximum of 6,000 sq. ft. of
total enclosed floor area for this purpose. Marine retail facilities may
also include boat brokerage or boat dealer operations.
3. REQUIRED ACCESSORY AND ANCILLARY USES
Proposers are advised that the below listed accessory and ancillary uses
are a requirement of any proposed development program for the
PROPERTY.
a) Public Boat Ramp
Proposers shall retain and maintain the existing boat ramp for public
launching. However, the Lessee may be permitted to close the ramp to
the general public at certain times, with CITY approval. The successful
proposer may additionally seek authorization from the CITY to charge a
fee for the use of the boat ramp.
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B) Marine Stadium Pit Area
Proposers are advised that primary use of the marine stadium basin is
for the staging of marine related events, most notably power boat races
and other similar uses. In the past these events have necessitated the
use of a portion of the marina site (fronting on the water) and the
protected inlet adjacent to the boatyard facility, directly in front of the
existing seawall, for use as a staging area and pit stop during events.
The crews for these vessels require an area to launch the boats prior to
the event and to perform work on them during the race. If the marine
stadium site cannot accommodate this use within its own property, then
it will be necessary, during certain scheduled days of the year, to locate
them on the boatyard property along the shoreline. This use does not
preclude the ingress and egress of vessels stored at the boatyard, which
will utilize a dedicated channel parallel to the shoreline. Please review
Figure 4. "Powerboat racing pit area", for more information.
C) Bay Walk
The proposed development project shall provide and maintain for the
community's benefit, a bay walk along the sea wall edge at the Marine
Stadium Basin, and shall include seating, lighting and landscaping.
D) Parking
Proposed development projects shall provide and maintain on the
PROPERTY parking area(s) to service the primary and ancillary uses of
the project, in sufficient quantity to comply with the City of Miami zoning
ordinances. Emphasis should be given to the configuration and
landscaping of parking areas, including the minimization of impervious
surfaces. All maintenance of parking facilities will be the responsibility of
the successful proposer.
22
32
96-
H
YIRG1fllR WiT BQ
D nt%inn Di
are further described in Section IV.C. Proposed Site
Improvements" beginning on page 24.
(1) A bay walk may be provided along the sea wall edge at
Biscayne Bay, and shall include seating, lighting and
landscaping.
(2) Picnic facilities (tables and benches) may be provided in
conjunction with the bay walk and may be provided with all
other amenities.
C. PROPOSED SITE IMPROVEMENTS
The proposal shall schematically describe all proposed improvements to the
PRIMARY PROPERTY including site improvements, structures and the general
uses pertaining thereto. All improvements, including those to existing
structures, shall comply with all applicable local, state and federal codes and
ordinances, including the South Florida Building Code. The Selected Proposer
will be responsible to obtain all required permits and approvals from all
agencies having jui-isdiction.
1. STRUCTURES
The design of new structures and/or the refurbishing of existing
structures shall be aesthetically designed to harmoni:,e with the
subtropical climate of South Florida, the natural environment of
Biscayne Bay, and Virginia Key waterfront. Design concepts will be
critically evaluated in the selection process. The overall height, mass
and location of any new structures shall not diminish the natural beauty
of the waterfront, which should remain the dominant feature(s) of the
site. The construction of any new structures shall conform with the view
corridor and public access requirements set forth in Section 3(mm) of the
City Charter included in the RFP under Appendix A.
2. LANDSCAPING
A schematic landscape plan shall be submitted identifying areas of
proposed vegetation - existing (to be retained) and new plantings -
accompanied by a typical landscape materials list. Public and
circulation areas shall be aesthetically enhanced by appropriate
landscape treatments. Xeriscape design and use of native plant species
are encouraged. Landscaping shall generally meet "xeriscape" design
standards incorporating native plant species with drought- and salt -
tolerant characteristics.
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3. MARINA AND BOAT YARD
Improvements to the PRIMARY PROPERTY for boat yard use shall be
aesthetically harmonious with the subtropical climate of South Florida,
the natural environment of Biscayne Bay, and shall complement or
enhance the character of the Virginia Key waterfront. Roofing of all
storage racks for protection of vessels, and siding to visually screen the
racks is considered desirable.
4. PARKING AND CIRCULATION
The selected proposer shall be required to design and construct parking
facilities on site in sufficient quantity to service all primary and
secondary uses included in the project and in compliance with applicable
zoning requirements. Such required on -site parking, and all utility,
loading and/or service areas shall be organized, appropriately
landscaped, and bermed or screened from surrounding areas, streets
and adjacent property. Proposals shall also include a compatible, safe
and effective pedestrian and vehicular circulation system to service the
proposed development, in addition to the public access amenities
required along Biscayne Bay (the bay walk) and compatibility and access
to adjacent properties.
5. GENERAL DESIGN STANDARDS AND GUIDELINES?
a) Wherever possible, and particularly in public areas, utility lines
shall be located underground, concealed within architectural
and/or landscaping features, or suspended below walkways.
b) Electric service shall be principally through a primary meter
c) Vehicular circulation roads shall be paved.
d) A unified design for all components of signage will be required, and
shall be compatible with the general character of the site.
D. PERMITTING AND LICENSING
The Selected Proposer, at its sole cost and expense, shall be responsible for
acquiring all required permits, licenses and approvals from all agencies with
jurisdiction, including, but not limited to, the City, Metropolitan Dade County,
the State of Florida and public utilities. All improvements must comply with all
applicable building, fire, zoning, health and other code requirements. The City
will assist through expedited review procedures, to the extent permitted by law
and regulations.
Developments of Regional Impact - The City makes no representations and
has no analysis or information as to whether the development contemplated by
this RFP constitutes a Development of Regional Impact (DRI) as defined by
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96-- 511
Florida Statutes Section 380.06. If it is determined that the proposed
development is subject to Development of Regional Impact review and
procedures (or a successor or similar law), the selected proposer shall be solely
responsible for making all applications and/or seeking all authorizations
required by law, at the proposer's sole cost and expense. For more information
on this process please contact Ms. Julia Trevarthan at the South Florida
Regional Planning Council, 1-800-985-4416.
Impact Fees - Current City of Miami impact fee regulations provide that
the proposed development of the PROPERTY is not subject to the
imposition or payment of City developmental impact fees. It is the
responsibility of the proposer to determine, based upon the full proposed
development scheme and all uses for the PROPERTY, the full extent of all
impact fees to be assessed by Metropolitan Dade County and/or other agencies
with jurisdiction. The City will assist the selected proposer in securing the
most equitable assessment of impact fees for the final approved project.
E. ESTIMATED CONSTRUCTION COST
The proposal must include a detailed construction cost estimate for the entire
proposed development. The total cost of all physical improvements shall be not
less than one million dollars ($1,000,000). The value of any existing
improvements on the site shall not be credited towards meeting the required
one million dollar cost of all improvements. The City is seeking net added value
to the PRIMARY PROPERTY of not less than $1,000,000 in new improvements.
F. DEVELOPMENT SCHEDULE
The City will require the development of proposed improvements to commence
within three months from the transfer of the leasehold PROPERTY to the
selected proposer. The proposal must include a development schedule which
takes into account the commencement date required by the City and which
delineates the development of each significant improvement. Termination and
force majeure clauses will be included within the lease agreement to insure
reasonable compliance with the proposed development schedule.
In evaluation of proposals, the timetable for completion of the proposed
construction shall be considered along with the proposer's plans and
commitment to minimizing the impact of construction on the use of the site.
All proposed development must be completed within the time period specified
in the schedule given in the proposal. Any and all proposed physical
improvements to the PROPERTY must be completed and capable of public use
within 18 months from the date of transfer of the leasehold PROPERTY to the
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36 96- 51
selected Proposer. Extensions of time may be granted by City only in cases of
extreme circumstances beyond the control of the Successful .Proposers, such as
unusual permitting delays.
G. PROPOSED CUSTOMER AND PUBLIC SERVICES
Each Proposal shall describe levels of customer and public services to be
provided by the operator, including, but not limited to :
1. Security and Emergency Preparedness - Policies, procedures and proposed
staffing for providing 24 hour security to the PROPERTY; emergency
preparedness procedures, particularly for marina and boat yard operations,
as well as the waterfront in general.
2. Customer Service Programs - Detailed information should be provided on
developer/ operator experience in the marina and boat yard industry. Each
proposal shall include plans to implement customer service programs to
assure high levels of consumer satisfaction for users and visitors.
3. Employee Guidelines - Provisions for training employees and maintaining
standards of conduct to ensure quality delivery of customer and visitor
services including proposed guidelines for employee appearance and
uniforms.
4. Public Access & Amenities - Proposals shall describe the type and extent of
access and amenities offered for the benefit of the general public from the
Property.
H. MANAGEMENT, MAINTENANCE AND OPERATIONS
The proposal must include a narrative describing the management and
operation of the entire proposed development. Proposers are reminded that the
City intends that the PROPERTY be maintained and operated in a manner
consistent with the highest industry standards for facilities of its type. The
description shall include, at minimum, mission statement, an organizational
chart, job descriptions of key positions, brief outline of operating procedures,
annual budget, ten year revenue projections, how and where the
activities/operation will be advertised, indication of which businesses are
intended to be operated by proposer and which businesses are intended to be
subleased or to be operated under a management contract, sublease
requirements (if any), operating schedule, and maintenance program, including
planned major maintenance schedule. If independent management services
are to be involved, then the applicable forms included herein as Exhibit II to
this document must be completed by management contractors.
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I. FINANCING STRATEGY
The proposer shall provide, as part of the proposal, a description of the
financing strategy for all building and site improvements including public
spaces and amenities associated with the development. Prior to its execution
of a lease agreement, the City will require written evidence of a firm and
irrevocable commitment of all funds necessary to construct, equip, and initiate
operation of the proposed Project for a stabilization period determined by the
City. The City reserves the right to further evaluate and/or reject financing
commitments when the term, the identity of the financing source or other aspect of
such financing is deemed not in the best interest of the City or the project.
J. COMPOSITION AND QUALIFICATIONS OF THE DEVELOPMENT
(PROPOSING) ENTITY & CONSULTANTS
1. GENERAL
Proposals shall include the professional qualifications and credentials that
demonstrate the development entity's ability to successfully undertake and
complete development of the PROPERTY. The proposal must contain
information sufficient to demonstrate the ability of the development entity
and its consultant(s), if any, to plan, design, construct, lease and manage a
campground facility with any and all related services and amenities
proposed in accordance with the development program outlined herein in
this Section.
The Development Entity is hereby defined as the proposing entity (the
legal entity: corporation, joint venture, partnership, one or more
individuals) with whom the City will contract for the leasehold
agreement.
2. CONSULTANTS
The consultant(s) to the Development Entity, if any, may be one firm
possessing all the required expertise or may be several individuals or firms
which combined possess all the required expertise. Consultants may
include professional planning and design consultants and sub -consultants,
general contractor and/or construction manager, and operational and
management consultant(s). Consultants and subconsultants may submit
with more than one Development Entity. However, the Development Entity
(including individual members thereof) shall only submit as part of one
submission and shall not be part of any other submission in any capacity.
r:
38 95-- 5
3. EXPERIENCE AND QUALIFICATIONS
The Development Entity, itself or through its consultant(s), if any, shall
substantiate its experience in all aspects of development and management
of the facilities proposed, subject to compliance with the qualifying criteria
specified in Section VI.B.1.
The Development Entity and/or its consultant(s) shall, at minimum,
demonstrate professional expertise in each of the below listed disciplines.
Copies of currently effective licenses (for both individuals and businesses, as
applicable) shall be included in the proposal.
Architectural: registered to practice architecture in the State of Florida as
required by Chapter 481, Part I of the Florida Statutes, Architecture, and
shall have substantiated experience in the design and development of the
specified primary uses.
Engineering: registered to practice engineering in the State of Florida as
required by Chapter 471 of the Florida Statutes, Professional Engineers,
and shall have substantiated experience in the design and development of
primary use facilities contained in the proposal.
Landscape Architectural: registered to practice landscape architecture in the
State of Florida as required by Chapter 481, Part II, Landscape Architecture,
of the Florida Statutes.
General Contracting or Construction Management: licensed as a general
contractor in the State of Florida and shall have substantiated experience in
managing and performing construction of facilities of similar type and scope
as the primary use facilities contained in the proposal.
Operations and Management: shall have proven experience in manna and
boat yard operations and management, and relevant service and industry
experience.
If ancillary services are proposed as part of the development, the
Development Entity and/or its consultant(s) shall document measurable
relevant experience in each field(s) or area(s) of such ancillary services, i.e.,
educational, cultural, commercial leasing, retail operations.
44.. CHANGES TO THE DEVELOPMENT TEAM
Unless specifically authorized by the City, no additions or modifications may
be made to the proposals and the entities and/or consultants they represent
subsequent to the submission deadline. New and/or current personnel who
are not identified in the proposal may not be introduced as part of the
proposal entity subsequent to the submission deadline, without City
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approval. Respondents must notify the City in writing immediately if any
firm or individual presented in its original submission, either as part of the
Development Entity or its consultants, becomes unavailable to continue.
Any such change may result in the removal of the proposal from
consideration, at the City's option.
5. BACKGROUND CHECKS
All principals of the development entity may be subject to a background
check by the Miami Police Department. (For the purposes of this RFP,
"principal" shall be defined as the general partners, stockholders owning 5%
or more of the corporate stock, and all corporate officers.).
6. ADDITIONAL INFORMATION
Exhibits II and III include forms soliciting detailed information which must
be completed and submitted with the proposal.
K. MINORITY & LOCAL FIRM PARTICIPATION
Respondents will be required to comply with all applicable federal, state and
local affirmative action legislation and regulations, including the City's
Minority and Women Business Affairs and Procurement Program included
herein in Appendix E. The City of Miami adopted Ordinances No. 10062 and
10538, and subsequent amendments, to stimulate participation of qualified
minority/woman-owned firms/sole proprietors (M/WBE's) in all City
projects.
Minorities are expected to be an integral part of the development entity and
its consultants, to participate substantially in construction contracts and
jobs, and to comprise a significant part of the permanent management
team, ancillary businesses and work force created by the development. For
the purpose of proposal evaluation, "significant" minority participation in
the Development shall be defined as not less than 30% of the proposing
entity with each minority group (black, Hispanic, and female) having not
less than 5% each. As evidence of minority compliance, proposers are
required to complete the applicable forms included in Exhibit I11.
All firms/sole proprietors seeking to participate as M/WBE's must be
certified with the City's Minority/Women Business Program and meet all
requirements of the above cited Ordinances prior to the submission of a
proposal. All firms/sole proprietors, regardless of minority status, must
submit an affirmative action policy statement, in compliance with said
Ordinances, a sample of which is included in Exhibit III.
Respondents are encouraged to include in the composition of the
Development Entity, businesses or firms whose primary offices are located
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40 96- 51
in the City of Miami. City occupational licenses shall be provided as proof of
location for businesses located in the City. In addition, included in Exhibit
III herein is the City's "Local Office Affidavit Form" which shall be completed
by Proposers as appropriate. For proposal evaluation purposes, the Review
Committee shall award points for local firm participation based on the
criteria established herein. (Refer to Section VI.B.)
A local firm(s) shall be defined as a firm having its primary business office
established within the City municipal limits. The firm shall have a current
occupational license issued by the City and shall have submitted a
completed Office Location Affidavit. Credit shall be given those proposals
which include local firms as participants.
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V. PROPOSAL SUBMISSION REQUIREMENTS
Submissions received in response to the RFP shall meet all requirements
specified in this Section. Submissions deficient in providing the required
information shall be determined non -responsive by the City and shall be
ineligible for further consideration.
A. SUBMITTAL PROCEDURES
A complete proposal submission package shall be delivered to the City as
follows:
1. One (1) original and nineteen (19) copies of bound proposals in an 8-1/2"x
11" format and one set of board- mounted illustrative drawings not to
exceed 30" x 40".
2. Proposal submissions must be marked "Unified Development Project
Proposal for Virginia Key Boatyard Redevelopment" and addressed to:
Jack Luft, Director
City of Miami
Community Planning and Revitalization Department
3. Proposals must be received at:
Office of the City Clerk
City of Miami, City Hall
(First Floor Counter)
3500 Pan American Drive
Dinner Key
Miami, Florida 33133
4. The submission package shall be submitted not later than:
2:00 P.M.
Thursday, October 31, 1996
The time deadline and proposal receipt location will be strictly adhered to
by the City. No proposals shall be received or accepted after 2:00
p.m., October 31, 1996 or at any other City office location, other
than the City Clerk's Office (First Floor Counter).
5. Proposal submissions must be accompanied by:
A Proposal Application Fee: a non-refundable cashier's check in the
amount of $2,000 made payable to the City of Miami.
Funds accompanying the proposal submission will be used by the City to
cover actual expenses for advertising, printing, and mailing incurred by
the City in preparing and issuing the RFP. Expenses incurred in
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42 96- 511
evaluating proposal submissions, in excess of the total amount collected
from all proposers, shall be reimbursed to the City by the selected
proposer upon the City's execution of a lease agreement.
B. DEVELOPMENT PROPOSAL CONTENTS
Prospective proposers shall address and include the following items as part of
their proposals:
Ia. Development Plan:
Narrative description of all aspects of the plan and a schedule of
amenities, including:
• Overall site development
• Number, of new buildings, if any, and use, square footage,
height of each
• Description of disposition, renovation and adaptive reuse of
existing facilities
• Number, size, type and description of recreational, educational,
and/or other ancillary or public amenities
• Description of proposed operations by unit and category
(marina, boat storage, retail, food and beverage, office, etc.) and
approximate square footage
• Architectural features
• Methods of construction
• On site parking requirements
• Permitting and environmental issues
1 b. Illustrative Drawings:
Prepared by a registered design professional and board -mounted,
size not to exceed 30" x 40"
Conceptual Site Plan - Schematic site plan showing use areas by
type, vehicular access and circulation roads, pedestrian paths
and schematic planting plan, existing buildings to be renovated
and all proposed new structures.
Perspective isometric illustrations are not required.
Models will not be accepted for review.
2. Development Schedule: a graphic time line or schedule detailing
all phases of the development including planning and design,
permitting, construction, and operations.
3. Capital Investment: a written statement indicating the dollar
amount to be spent on permanent physical improvements to the
PROPERTY, and an inventory or schedule of said improvements.
4. Management/Operating Plan: A narrative detailing the
management approach to the PROPERTY, including, without
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95- 511 43
limitation: mission statement, operating parameters and budget,
revenue projections, cash flow analysis, sublease requirements (if
any), operating schedule, organizational structure of operations,
job descriptions of key positions, employment plan and proposed
customer 8s public services.
5. Marketing and Feasibility Plan - Identification of primary and
secondary markets for each type of primary (and major secondary)
facility and/or service proposed and a description of the strategies
to be utilized for attracting and strengthening those markets. The
market analysis should be sufficient to address the economic
feasibility of the development as proposed.
6. return to. the City - A stated commitment of annual lease
payments to the City in the format of a minimum guaranteed rent
versus percentage(s) of gross revenues. A stated commitment to
adhere to the City Charter requirement for compensation at least
equal to fair market value.
7. Financing Strategy and Evidence of Financial Capability:
A. Financintz Strategy - a description of the financing strategy
to be utilized for capital construction and initiation of
operations, to be accompanied by revenue projections
through 10 years of operation.
B. Letters of reference from financial institutions demonstrating
proposer's relationship to same and documenting the
proposer's ability to finance all aspects of the proposed
development, and indicating commitments to extend such
financing.
C. Financial Statements - Recent (as of 1996) Financial
Statements (audited statements preferred) for each principal
of the proposing entity. (For the purposes of this RFP,
"principal" shall be defined as the general partners,
stockholders owning 5% or more of the corporate stock, and
all corporate officers.) Note that financial statements are
exempt from disclosure under public records regulations,
therefore these documents shall be placed separately in a
sealed package or enveloped and marked "Financial
Statements".
D. Proposal Deposit - The required $25,000 payment stipulated
in Section III.B. Commitment of Funds" beginning on page
16.
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95- 5
I. Organization and Experience
A. Table of Organization - The organizational structure
presented in graphic form depicting the proposing entity and
its professional consultants, including the names, affiliation
and addresses of all principals. This includes any and all
general partners, stockholders owning 5% or more of the
corporate stock, corporate officers, and executives and top
management of the Development Entity.
B. Forms - Completed Declaration, Financial and Professional
Information forms as detailed and included as Exhibit II.
C. Resumes of key individuals to be involved in the proposed
development
D. Other documentation of the proposer's (Development
Entity's) and consultants' past experience in development
and management of projects of similar scope and complexity
within the same or clearly similar sphere on endeavor.
E. Licenses - Individual Engineers, Architects and Landscape
Architects must submit current Certificates of Registration
or Licenses, and corporations or partnerships in those fields
must submit current Certificates of Authorization
II. Minority Participation and Affirmative Action Plan: Completed
Minority Participation Documentation forms from Exhibit III, as
evidence of minority participation pursuant to the goals set forth in
the City's Minority and Women Business Affairs and Procurement
Program, and a copy of Proposer's currently affective Affirmative
Action program.
III. Local Firm Participation: City occupational license(s) and City
"Office Location Affidavit" from Exhibit III, demonstrating the
participation of local firm(s), if any, in the Development Entity or
its consultants.
35
45
VI. EVALUATION CRITERIA
Review procedures and the selection processes are set by the City
Charter and Code of which applicable excerpts are included in Appendix
A. of this document.
At a public hearing held July 11, 1996, the City Commission authorized
the City Manager to issue the RFP. The City Commission shall also
appoint a review committee from recommendations submitted by the City
Manager and select a certified public accounting (CPA) firm, both to
evaluate submitted proposals.
The review committee appointed by the City Commission will render a
written report to the City Manager of its evaluation of all responsive and
responsible proposals. The review committee shall evaluate each
proposal based on the criteria established herein. The review committee
has the authority to recommend one or more, or none, of the proposals
as it deems to be in the best interest of the City. The recommendation of
the committee shall be accompanied by written. justification of its
decision.
The certified public accounting firm selected by the City Commission will
render an independent report of its analysis of proposals to the City
Manager. The accounting firm shall analyze each proposal based on the
criteria established herein. The accounting firm shall present its
preliminary findings regarding each proposal to the review committee
prior to the review committee completing its deliberations.
A. INITIAL REVIEW OF PROPOSALS FOR COMPLIANCE WITH RFP
Proposals shall be reviewed initially by City staff for compliance with all
requirements set forth in the RFP. Each proposal shall be checked to
ensure that:
1. All development proposal elements and documentation listed in
Section IV. and V. have been included in the proposal submission.
2. The required number of copies and one original of the proposal, the
board -mounted illustrative drawings, and the proposal application fee of
$2,000, have been received by the deadline date and time and at the
correct location.
During this initial review, and prior to the start of deliberations by the
review committee, Proposing Entities may be contacted to cure proposals
which contain non -material, non -substantive defects as determined
solely by staff, such as an out of date certification. If notified of such
0
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96- 511
deficiency, the proposer shall correct such deficiency within five (5)
working days of its receipt of notification.
B. REVIEW COMMITTEE EVALUATION CRITERIA
The following specific evaluation criteria and their respective assigned weights
shall be used by the Review Committee for purposes of rating and ranking the
proposal submissions. In accordance with City administrative policy, each
proposal is given a subjective score (from 0 to 6) for each criteria, which is then
multiplied by the respective weight.
Weighted
Criteria Value
Overall plan 8s design of the proposed development ............. 10
Property Enhancement........................................................ 10
Inclusion of Option...............................................................10
Management & operations ................................................... 15
Financial return to the City ................................................. 10
Financial capability of the Development Entity .................... 15
Experience of the Development Entity .................................. 10
Capability of the Development Entity 8s Consultants............ 10
Extent of minority participation ........................................... 10
Local firm(s) participation...................................................... 6
Total 106
Proposers are encouraged to format their proposals to conform to the
outline of factors described below, which will be utilized by the review
committee in evaluating the proposals:
1. OVERALL PLAN & DESIGN OF THE PROPOSED DEVELOPMENT
(weighted value 10 points)
• Fulfillment of the City's established development objective; extent anc
commitment to the required primary and ancillary uses; demonstrates
commitment for public access and water -dependent and recreations
uses.
• Appropriateness and quality of the design as a boat yard and marina
and as related to the character of the site and the waterfront.
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96- 51
• Harmonious and/or complementary integration of optional primary uses
into the site.
• Appropriateness and quality of the design of any new structures and any
reuse of existing structures.
• Successful and harmonious interface and/or connection to adjoining
public property.
• Imaginative and creative treatment of: public access, particularly at
water front, other public spaces, exterior space, circulation, view
corridors, landscaping, graphics, signage and lighting.
• Efficiency of site design and organization, and compatibility of uses.
• Range and mix of uses and amenities; extent of public access and
amenities.
2. PROPERTY ENHANCEMENT
(weighted Value 10 points)
• Specific experience of development entity or consultant(s) in the
rehabilitation of commercial property.
• Sensitivity of overall design to the tropical environment which is the
essence of the Virginia Key waterfront.
• Extent and continuity of enhancements throughout the site
• Provision of facilities for the use by community organizations for
educational purposes.
• Provision of legible and complimentary signage.
3. INCLUSION OF OPTION PROPERTY
(weighted value 10 points)
• Inclusion of the OPTION PROPERTY offered in Section VIII of this
proposal is considered valuable to the success of the overall project.
• A vision of the unified project for the future.
• Applicable plans and program of development.
4. MANAGEMENT AND OPERATIONS
(weighted value 15 points)
• Appropriateness and practicality of stated goals, objectives and policies
of management plan.
• Viability, practicality and comprehensiveness of management plan,
including such elements as: mission, operating parameters and budget,
revenue projections and cash flow analysis, personnel organization and
staffing plan.
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48 96- 5
• Extent and feasibility of marketing plan, proposed facilities and services;
and appropriateness of strategies to be utilized for attracting and
strengthening those markets.
• Management approach to ancillary operations and businesses,
particularly relative to stated experience and capabilities and City's
objectives.
• Extent and quality of programs for maintenance, security, public access,
cultural/educational programs and public and customer services, as
applicable.
4. FINANCLAL RETURN TO THE CITY
(weighted value 10 points)
• Annual lease payment including a guaranteed minimum annual rental
payment or a percentage of gross revenues, whichever is greater.
• Term of lease
• Dollar value, extent, and timing of capital improvements.
• Any additional financial benefit to the City.
5. FINANCIAL CAPABILITY
(weighted value 15 points)
• Demonstrated financial capability of the proposing entity as being
sufficient to successfully undertake and complete this development.
• Proposing entity's track record of financing comparable developments
and to successfully finance this development.
• Viability of financing strategy, financing mechanism, and funding
sources.
• Demonstrated feasibility of all aspects of the proposed development
substantiated by a market analysis.
6. EXPERIENCE OF THE PROPOSING ENTITY
(weighted value 10 points)
• Qualifications and experience of the proposing entity in planning and
design, construction, leasing and management of projects of similar size
and scope.
• Specific experience of the proposing entity in development, design
leasing and management of marinas, boat yards, and in each of tht
ancillary types of uses proposed. A minimum of three (3) year:
experience in boat yard/marina development, management ani
operation is required. Proposers offering to include optional primar;
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96-- 511
uses shall demonstrate a minimum of three (3) years responsible
experience in the development, management and operation of the
respective facility or facilities.
7. CAPABILITY OF TIME DEVELOPMENT ENTITY AND CONSULTANTS
(weighted value 10 points)
• Overall composition of the Development Entity and its consultant team,
including professional qualifications and capability of members, project
managers, consultants and subconsultants as related to mandatory
primary uses (marinas, boat yard).
• Composition and capability of the Development Entity and its consultant
team as related to development, construction and management of
projects of similar size and scope.
• Adequacy of personnel and other resources to successfully undertake
and complete the development proposed.
• Good past performance in the administration and management of other
developments and cooperation with former clients.
• Demonstrated ability to meet time schedules and budget.
• Architectural/engineering capability and range of experience on similar
developments comparable in scope, complexity, and magnitude.
• General contracting or construction management capability and range of
experience on similar campground developments comparable in scope,
complexity, magnitude.
• Qualifications, organization and experience of operational, leasing,
and/or management team members.
• Qualifications and specified experience of key personnel, project
managers and professional consultants in development and
management of marinas, boat yards.
8. EXTENT OF MINORITY PARTICIPATION
(weighted value 10 points)
• Significant minority/women participation within the proposing entity.
• Significant minority/women participation within the consultants to the
proposing entity.
• Subcontracting and hiring practices during construction.
• Opportunities for minorities/women, hiring outreach
opportunities in relation to leasing, management,
maintenance of facilities.
• Affirmative Action Plans of Development Entity members.
40
and training
operation and
95- 511
9. PARTICIPATION OFF LOCAL FIRM S
(weighted value 6 points)
• Proposal submitted by a proposing entity that includes is a local firm or
that consists of one or more local firms.
• Proposal includes local firm(s) as consultants in the design, construction,
leasing, management and/or operations fields.
C. CPA FIRM EVALUATION CRITERIA
The certified public accounting firm selected by the City Commission will
evaluate each proposal prior to evaluation by the review committee.
Specifically, the certified public accounting firm shall assess these elements:
• the financial viability of the proposing entity, including prior record and
experience
• the viability of the proposal's financing strategies, sources and structure
• the (comparative) short term and long range economic and fiscal return to
the City
• the proposal's market analysis and marketing plan
• the economic feasibility of the proposed development
• viability and appropriateness of management plan
During the course of its analysis, the CPA firm will examine all materials
provided by proposer as well as materials which may be available from other
financial institutions such as Dunn & Bradstreet, and TRW. The accounting
firm shall present its findings regarding each proposal to the Review Committee
prior to said Committee completing its deliberations. The CPA firm will render
an independent report of its findings to the City Manager.
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9(3- 511 51
VII. TERMS AND CONDITIONS OF PROPOSED LEASE
AGREEMENT
A. AUTHORIZATION
Upon authorization of the City Commission, the City Manager or his designee
shall negotiate all aspects of a lease agreement with the selected proposer.
The City Attorney's office will provide assistance to the City Manager or his
designee during the negotiation of the lease agreement and must approve the
lease agreement as to legal form and correctness prior to its execution. The
lease agreement shall comply with all applicable City Charter and Code
provisions. Until such time as the lease agreement is executed by the City,
the selected proposer has no vested right, title or interest in the subject
PROPERTY.
B. TERMS AND CONDITIONS
The lease agreement shall address, but not be limited to the following terms
and conditions;
1. Lease Terns
2. Rent
3. Conditions For Lease (City Charter Section 29-B Requirements).
4. Insurance
5. Performance and Payment Bond
6. Indemnification
7. Assignment of Lease
8. Restrictions on Use
9. Design, Engineering and Construction of Improvements
10. Preparation of Premises for Development
11. Operation and Management of Leased Premises
12. Equity Capital and Mortgage Financing
13. Public Charges/Fees
14. Taxes
15. Maintenance, Repair and Replacement
16. Condemnation and City "Buy -Out" Provisions
17. Default - Termination
18. Examination of Premises
19. Audit Rights
20. Award of Agreement
21. Conflict of Interest
22. Non -Discrimination
23. Rules and Regulations
24. Compliance with Federal, State and Local Laws
25, Minority Procurement
26. Force Maj eure
27. Miscellaneous
!A
52
9€
VIII. OPTION ON THE RICKENBACKER MARINA
I. Overview
A. INTRODUCTION
The City of Miami has determined that a positive economic
relationship could be formed by unifying management of the
Rickenbacker Marina and the Virginia Key Boat Yard. To this end the
City of Miami is including, as an option in this Request for Proposal
the adjacent leasehold site, the Rickenbacker Marina, located 3301
Rickenbacker Causeway. The unification of these facilities would result in
significant advantages to the CITY and the boating community in terms of
property management, physical improvements and marina/boat yard
operations. Proposers are encouraged to consider the inclusion of this
additional property in their submissions to this RFP. This option is to be
carried by the Successful Proposer through the end of the existing tenant's
lease term in the year 2009, with annual compensation to the City until
such time as the option may be exercised.
The option would entitle the successful proposer to negotiate a lease
with the City, but is NOT a guarantee of successful negotiations. The
process will follow substantially the same requirements as those in
this RFP, as listed below.
B. AREA LOCATION AND CHARACTERISTICS
The property in this option is the Rickenbacker Marina located at
3301 Rickenbacker Causeway Virginia Key, in the City of Miami,
Florida. (Herein referred to as the OPTION PROPERTY) Figure V
C. DESCRIPTION OF SITE
1. EXISTING FACILITIES
The OPTION PROPERTY consists of approximately 21.448 acres
of upland and submerged area, see survey in EXHIBIT IV. The
marina facilities include 182 wet slips and 260 dry slips.
Additionally there are three significant structures on the upland
property including a 10,000 square foot restaurant building, a
1,500 sq. ft. building housing a dock masters office,
43
95- 511
. 4
Ly
VIRGIRIR KEY B0111TYSIRD
Optional Marina location Fig.5
ZAV
ti
0 400
!I
54 96- 51-
. . . . . . . . . .
='V
.d'
In
convenience store and restrooms, and a 1,000 sq. ft.
maintenance structure.
The remaining items in this category will apply as listed in this RFP.
2. ENVRIONMENTAL CONDITIONS
3. ADJACTEN USES
4. EXISTING UTILITIES
5. REVIEW OF ADJACENT CITY LEASES
D. LEASE TERM
Lease Term will run concurrently with the PRIMARY PROPERTY. The
term will be for the balance of the time remaining on the lease for the
PRIMARY PROPERTY at the date the option is executed.
E. FINANCIAL RETURN TO THE CITY -FAIR MARKET VALUE
The process described in this section will remain the same as is
described in this RFP.
1. FORM OF LEASE PAYMENTS
2. APPRAISAL TO DETRMINE FAIR MARKET VALUE
3. PAYMENT SCHEDULE
F. TAXES
This process remains the same as that described in this RFP.
G. ZONING
Pursuant to the City of Miami Zoning Code, the property is zoned C-1-
Restricted Commercial, as described in the official City of Miami
Zoning code. As of November 11,1994 PRIMARY PROPERTY, along
with the Miami Marine Stadium property to the east was annexed by
the City of Miami, amendments to the City Comprehensive Plan and
Zoning Atlas are currently in process to establish the C-1 district for
that property. This classification covers the following allowable uses
including but not limited to:
a) outdoor boat racks
b) outdoor boat and boat trailer storage
c) boat hoist
d) boat ramp
44
56 b6W 511
e) fueling services
fl general repairs and servicing of boats
g) concession restaurant with outdoor patio area
h) sale of marine hardware and supplies
i) launching services of all kinds
j) sale of new and used boats and motors
k) rentals of motorized and sail craft, including jet skis
1) sale of nautical gifts and sundries
m) other related services
H. UNIFIED DEVELOPMENT PROPOSAL SELECTION PROCESS
I. UNFIED DEVELOPMENT PROJECT SCHEDULE (TENTATIVE)
II. REQUEST FOR PROPOSALS -GENERAL REQUIREMENTS
This section of the RFP applies as written.
A.
DECLARATION AS UDP
B.
COMMITMENT OF FUNDS
C.
COMMITMENT OF PROPERTY
D.
COMMITMENT OF SERVICES AND MATERIALS
E.
EXECUTION OF CONTRACTS
F.
RIGHT OF TERMINATION
III ELEMENTS OF PROPOSALS
A. DEVELOPMENT OBJECTIVES
This section applies as written in the RFP.
B. USE OF PROPERTY
This section applies as written with the following exceptions.
1. REQUIRED PRINCIPLE USES
The OPTIONAL PROPERTY current has in operation 182 wet slips
this will continue to be operated as a full service marina.
2. PERMITTED ANCILLARY USES FOR BOATYARD AND MARINA
Marine related concessions will be allowed within the facility and may
include charter fishing, dive boat, boat rental and related services.
Boat Yard/ Marina may include boat brokerage. The City
recommends not more than 15% of total marina slips.
3. REQUIRED ACCESSSORY AND ANCILLARY USES
45
95- 511
57
C. PROPOSED SITE IMPROVEMENTS
This section of the RFP applies as written.
1. STRUCTURES
2. LANDSCAPING
3. MARINA AND BOATYARD
4. PARKING AND CIRCULATION
5. GENERAL DESIGN STANDARDS AND GUIDELINE
D. PERMITTING AND LICENSING
Applies as written.
E. ESTIMATED CONSTRUCTION COST
This section applies as written and is an additional $1,000,000 of
investment.
F. DEVELOPMENT SCHEDULE
Applies as written.
G. PROPSED CUSTOMER AND PUBLIC SERVICES
This section should be written to include the to Properties together.
H. MANAGEMENT, MAINTENACE AND OPERATIONS
This section should be written to include the to Properties together.
The remaining items in this section will remain the same as written in
the RFP_
I. FINANCING STRATEGY
J. COMPOSTION AND QUALIFICATIONS OF THE DEVELOPMETN
(PROPOSING) ENTITY & CONSULTANTS
1. GENERAL
2. CONSULTANTS
3. EXPERIENCE AND QUALIFICATIONS
4. CAHNGES TO THE DEVELOPMENT TEAM
5. BACKGROUND CHECKS
6. ADDITIONAL INFORMATION
K. MINORTY & LOCAL FIRM PARTICIPATION
IV PROPOSAL. SUBMISSION REQUIREMENT
A. SUBMITTAL PROCEDURES
B. DEVELOPMENT PROPOSAL CONTENTS
V. EVALUTATION CRITERIA
A. INTIAL REVIEW OF PROPOSALS FOR COMPLIANCE WITHRFP
A:]
96-
B. REVIEW COMMITTEE EVALUATION CITERIA
1. OVERALL PLAN & DESIGN OF THE PROPOSED DEVELOPMENT
2. PROPERTYENHANCEMENT
3. INCLUSION OF PROPERTY
4. MANAGEMENT AND OPERATIONS
5. FINANCIAL RETURN TO THE CITY
6. FINANCIAL CAPABILITY
7. EXPERIENCE OF THE PROPOSEING ENTITY
8. CAPABILITY OF THE DEVELOPMENT ENTITY AND CONSULTANTS
9. EXTENT OF MINORITY PARTICIPATION
10. PARTICIPATION OF LOCAL FIRMS
C. CPA FRIM EVALUATION CRITERIA
VI TERMS AND CONDITIONS OF PROPOSED LEASE AGRREMENT
A. AUTHORIZATION
B. TERMS AND CONDITIONS
VII OPTION ON THE RICKENBACKER MARINA
A. TERMS FOR THE LEASEHOLD OPTION
The successful proposer for the leasehold interest in the PROPERTY
(Virginia Key Boatyard) will have the right to secure an option for the
leasehold interest in the adjacent Rickenbacker Marina property,
herein referred to as the OPTION PROPERTY, as described in the
survey and legal description in EXHIBIT IV.
Such option will begin upon the expiration of the current lease with
Rickenbacker Marina, Inc. On January 7, 2009, or at any time prior
to the expiration of the Rickenbacker Marina ,Inc. Lease subject to
said lessee's approval and the approval of the City of Miami. Upon
exercising said option the leasehold term for the OPTION PROPERTY
shall run concurrently with the leasehold term for the PRIMARY
PROPERTY. The lease agreement for the OPTION PROPERTY shall
contain terms and conditions substantially similar to those of the
lease agreement for the PRIMARY PROPERTY.
Financial return to the City for the leasehold of the OPTION
PROPERTY shall be determined by the appraisal process described in
Section II, E, 2 of this Request for Proposal.
47
95- 511
59
The terms to secure the above described option will be as follows:
1. Completion of the attached Option Form enclosed in EXHIBIT II
2. Proposers interested in securing an option on the Rickenbacker
Marina should include with the proposal submission consideration
totaling $5,000.Thgis option will run for a period of one year from the
date of the execution of the lease and will be renewable annually for
$5,000 until such time as the leasehold property is successfully
transferred at the end of the current lease or the option holder
successfully , with the current lessee's approval, agrees to renegotiate
the current lease term and conditions with the City. All option moneys
will be returned expect that of the successful proposer.
3. The option does not entitle the option holder to a lease on the
OPTION PROPERTY, but to retain the exclusive rights to negotiate and
enter into a mutually acceptable lease agreement between the City
Miami and the Successful Option Holder. Any lease negotiated under
the option will run concurrently with the lease on the Virginia Key
Boat Yard property and will have a term that is the same as the
balance of the term remaining on the Virginia Key Boat Yard at the
time the lease is executed.
60 96- 511
APPENDIX A.
City of Miami Charter and Code:
applicable sections
Charter Sections 3(f) and 3(mm)
Charter Sections 29A through 29D
Code Section 15-52-9
96- 511
4
4
Gi
Li
LI
4 27-E
CHARTER AND RELATED LAWS
Sec. 27-E. Assessor to have power of county
assessor; general assessment roll.
Note —The user's attention is directed to the editor's note to
f 27-B of this charter.
Sec. 27-F. Signing and endorsing general as-
sessment roll; return and presump-
tion of validity.
Note —The user's attention is directed to the editor's note to
4 27-B of this charter.
Sec. 27-G. Copy of assessment rollannexed
to warrant commanding collection.
Note —The user's attention is directed to the editor's note to
§ 27-8 of this charter.
Sec. 27-H. State law as to taxes applies.
Note —This section has been substantially changed, by in-
ference, inasmuch as assessment and collection of taxes is
now the exclusive responsibility of Dade County. The user's
attention is directed to the editors note to 4 27-B of this
charter.
(Seca 27-1. Reserved.j
14 ®
Sec. 274. Discounts if taxes paid before cer-
tairi time.
Note —The discount rates formerly set out in this section no
IR
longer apply; for present rates, see Fla. Stats., 4 193.41. The
user's attention is also directed to the editor's note to 4 27-B of
this charter.
IR
Sec. 27-K. When taxes become delinquent; in-
terest rates on delinquent taxes.
Note The user's attention is directed to the editor's note to
14.
4 27-B of this charter.
Sec. 27-L. Tax certificates; interest rate them -
on.
Note —The user's attention is directed to the editor's note to
121,13 of this charter.
Sec. 28. Chief procurement officer.
(a) The city manager shall appoint a chief pro-
LI
curement officer who shall supervise all purchases
for the city in the manner provided by ordinance
and who shall, under such procurement methods
14.62
as may be prescribed by ordinance, supervise sales
Supp. No. 29
of all real and personal property�of the ci
needed for public use or that may have b
unsuitable for use. The chief procurement
shall have charge of such storerooms and
houses of the city as the commission may b;
nance provide. Before any purchase or sal
chief procurement officer shall require th
prescribed procurement procedures be foll
Supplies shall not be furnished to any. depar
unless there be to the credit of such depai-
an available appropriation balance in exc
all unpaid .obligation sufficient to pay fox
supplies.
(b) No contract for furnishing supplies
vices for the city, except as otherwise provi
this charter, shall be made for a period of
than one year.
(c) The chief procurement officer shall s<_
that all persons seeking to do business wi
city not discriminate against any emplo_
applicant for employment because of age
creed, color, religion, sex, national origin,
cap, or marital status; and that they tak-.
mative action to ensure that applicants a
ployed and that employees are treated duri
ployment without regard to their age, race
color, religion, sex, national origin, handi
marital status.
(d) The chief procurement officer shall
sponsible for developing such minority p
merit program as may be prescribed by ort_
and permitted by law.
Sec. 29-A. Contracts for personal pi
public works or improvemA
"fled development projects,
property; safeguards.
(a) Personal property. Any personal
including but not limited to supplies, eq
materials, and printed matter, may be
by contract or through city labor and rr
as provided by ordinance. All contracts
than four thousand five hundred dollars (t
shall be awarded by the commission to t
responsible bidder, after public notice
such competitive sealed bidding metho,
be prescribed by ordinance; provided,
96—
Subpt. A CHARTER 4 29-A
that if the amount of a bid or proposal submitted
by a vendor whose primary office is located in the
City of Miami is not more than ten (10) percent in
excess of the lowest other responsible bidder or
proposer, such local vendor may be awarded the
contract, but the city manager or designee shall
have the power to reject all bids and proposals.
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 competi-
tive sealed bidding is not practicable or not ad-
vantageous to the city, which finding must be
ratified by an affirmative vote of two-thirds of the
commission after a properly advertised public hear-
ing. When competitive sealed bidding methods
are waived, other procurement methods as may
be prescribed by ordinance shall be followed. All
invitations for bids, requests for proposals, or other
solicitations shall contain a reservation of the
foregoing right -to reject all offers. All contracts
for personal property in excess of four thousand
five hundred dollars ($4,600.00) shall be signed
by the city manager or his designee after approval
thereof by the commission. Tbis section shall not
apply to transfers to the United States or any
department or agency thereof, to the State of Flori-
da, or to any political subdivision or agency thereof.
(b) Public works or improvements. Any public
work or improvement may be executed either by
contract or by the city labor force, as may be
determined by the commission. There shall be a
separate accounting as to each work or improve-
ment. Before authorizing the execution by the
city labor force of any work or improvement or
phase thereof, the city manager shall submit to
the commission a description of the anticipated
scope of work and related cost estimates. All con-
tracts for more than ten thousand dollars ($10,-
000.00), which shall include contracts under which
improvements valued in excess of $10,000 are to
be constructed for the city, shall be awarded to
the lowest responsible bidder after public notice
and using such competitive sealed bidding meth-
ods as may be prescribed by ordinance; provided,
however, that if the amount of a bid or proposal
submitted by a contractor whose primary office is
located in the City of Miami is not more than ten
(10) percent in excess of the lowest other respon-
Supp No.29
sible bidder or proposer, such local contractor may
be awarded the contract, but the city manager or
designee shall have the power to reject all bids
and proposals. Notwithstanding the foregoing, the
city manager may waive competitive sealed bid-
ding methods by making a written finding that a
valid emergency exists or that there is only one
(1) reasonable source of supply, which finding must
be ratified by an affirmative vote of two-thirds of
the commission after a properly advertised public
hearing. When competitive sealed bidding meth-
ods are waived, other procurement methods as
may be prescribed by ordinance shall be followed.
All invitations forbids, requests for proposals, or
other solicitations shall contain a reservation of
the foregoing right to reject all offers. Contracts
for public works or improvements shall be signed
by the city manager or his designee after approval
thereof by the corneal ion.
When it becomes necessary in the opinion of
the city manager to make alterations or modifica-
tions in a contract for any 'public work or im-
provement, such alterations or modifications shall
be made only when authorized by the commission
upon the written recommendation of the city man-
ager. No such alteration shall be valid unless the
price to be paid for the work or material, or both,
under -the altered or modified contract shall have
been agreed upon in writing and signed by the
contractor and the city manager prior to such
authorization by the commission.
(c) Unified development projects. A unified 8e-
velopment project shall mean a project where �an
interest in real property is owned or is to be ac-
quired by the city, is to be used for the develop-
ment of improvements, and as to which the com-
mission determines that for the development of
said improvements it is most advantageous to the
city to procure from a private person, as defined
in the Code of the City of Miami, one or more of
the following integrated packages:
(1) planning and design, construction, and leas-
ing; or
(2) planning and design, leasing, and manage-
ment; or
(3) planning and design, construction, and man-
agement; or
Mc__ 511
63
4
4
Ll
4 29•A
CHARTER AND REELATED LAWS
(4) planning and design, construction, leasing,
and management.
So long as the person from whom the city pro-
cures one of the above -mentioned integrated pack,
ages provides all of the functions listed for that
package, such person need not provide each listed
function for the entire unified development project
nor for the same part of the unified development
project.
Requests for proposals for unified development
projects shall generally define the nature of the
uses the city is seeking for the unified develop-
ment project and the estimated allocations of land
for each use. They shall also state the.following:
consist of an appropriate number of cit
cials or employees and an equal numbe
one of members of the. public, whose n
shall be submitted by the city manag-
fewer than five days prior to the al
mentioned public hearing.
At the conclusion of the public hearing the
mission shall authorize the issuance of a req
for proposals, select a certified public accoun
firm, and appoint the members of the review
mittee only from among the persons recommer
by the city manager.
The procedure for the selection of an integra
package proposals shall be as follows:
(1) the specific parcel of land contemplated to be (1}
used or the geographic area the city desires
to develop pursuant to the unified develop-
ment project;
(2) the specific evaluation criteria to be used by
the below -mentioned certified public account-
ing fum;
(3) 'the specific evaluation criteria to be used by (2)
the below -mentioned review committee;
(4) the extent of the city's proposed commitment
of funds, property, and services;
(5) the definitions of the terms "substantial in-
crease" and "material alteration" that will
apply to the project pursuant to subsection
t (eX4) hereof; and (3)
E (6) a reservation of the right to reject all propos-
als and of the right of termination referred to
in subsection (04), below.
f After public notice there shall be a public hear-
ing at which the commission shall consider:
(1) the contents of the request for proposals for
the subject unified development project;
(2) the selection of a certified public accounting
firm, which shall include at least one mem-
ber with previous experience in the type of
development in question; and
(3) the recommendations of the city manager for
the appointment of persons to serve on the
review committee. Said review committee shall
64
Supp. No. 29
all proposals shall be analyzed by a certif
public accounting firm appointed by the co
mission based only on the evaluation critei
applicable to said certified public ac counti.
firm contained in the request for proposa
Said certified public accounting firm sh.-
render a written report of its findings to 0
city manager.
the review committee shall evaluate each pr
posal based only on the evaluation criter
applicable to said review committee containo
in the request for proposals. Said review cor
mittee shall render a written report to t]
city manager of its evaluation of each pr
posal, including any minority opinions.
taking into consideration the findings of t]
aforementioned certified public accounting fir
and the evaluations of the aforementiow
review committee, the city manager shall n
ommend one or more of the proposals for E
ceptance by the commission, or alternative]
the city manager may recommend that <
proposals be rejected. If there are three
more proposals and the city manager reco;
mends only one, or if the city manager n
ommends rejection of all proposals,.the ci
manager shall state in writing the reaso
for such recommendation.
In transmitting his recommendation or r
ommendations to the commission, the c.
manager shall include the written repor
including any minority opinions, rendered
9 V,
Subpt. A CHARTER 4 29•A
him by the aforementioned certified account-
ing firm and review committee.
(4) all contracts for unified development projects
shall be awarded to the person whose pro-
posal is most advantageous to the city, as
determined by the commission.
The commission may accept any recommenda-
tion of the city manager by an affirmative vote of
a majority of its members. In the event -the com-
mission does not accept a proposal recommended
by the city manager or does not -reject all propos-
als, the commission shall seek recommendations
directly from the aforementioned review commit-
tee, which shall make a recommendation -or rec-
ommendations to the commission taking into ac-
count the report of the aforementioned certified
public accounting firm and the evaluation criteria
specified for the review committee in the request
for proposals.
After receiving the direct recommendations of
the review committee, the commission shall, by
an affirmative vote of a majority of its members:
(1) accept any recommendation of the review com-
mittee; or
(2) accept any previous recommendation of the
city manager; or
(3) reject all proposals.
All contracts for unified development projects
shall be signed by the city manager or designee
after approval thereof by the commission. The
city manager or designee shall be responsible for
developing a minority procurement program as
may be prescribed by ordinance and permitted by
law in conjunction with the award of contracts for
unified development projects. The provisions of
this charter section shall supersede any other char-
ter or code provision to the contrary.
(d) Sales and leases of real property, prohibi-
tion. Except as otherwise provided in this charter
section, there shall be no sale, conveyance, or
disposition of any interest, including any lease-
hold, in real property owned by the city, the de-
partment of off-street parking, or the downtown
development authority, unless there has been prior
public notice and a prior opportunity given to the
Supp. No. 29
public to compete for said real property or inter.
est. Any such sale, conveyance, or disposition shall
be conditioned upon compliance with: the provi.
sions of this section; such procurement methods
as may be prescribed by ordinance; and any re-
strictions that may be imposed by the city, the
department of off-street parking, or the downtown
development authority, as appropriate. Further,
no right, title, or interest shall vest in the trans-
feree of such property unless the sale, conveyance,
or disposition is made to the highest responsible
bidder, as is determined by the city commission,
or the off-street parking board, or the downtown
development authority board of directors. The city
commission or the off-street parking board or the
downtown development authority board of direc-
tors, as appropriate, may by resolution waive the
requirement of sale, conveyance, or disposition to
the highest responsible bidder by means of the
following procedure: the city manager, the direc-
tor of the off-street parking authority, or the di-
rector of the downtown development authority, as
appropriate, must make a written finding that a
valid emergency exists, which finding niust be
ratified by an affirmative vote of two-thiris of the
commission after a properly advertised public hear-
ing. When the requirement of sale, conveyance,
or disposition to the highest responsible bidder is
waived, other procurement methods as may be
prescribed by ordinance shall be followed. The
city or the department of off-street parking or the
downtown development authority"shall have the
power to reject all offers. All invitations for bids,
requests for proposals, or other solicitations shall
contain a reservation of the foregoing rigl t .to
reject all offers. This section shall not apply to
transfers to the United States or any department
or agency thereof, to the State of Florida, or to
any political subdivision or agency thereof.
(e) Safeguards.
(1) All persons contracting with the city under
this section shall be required to certify their
compliance with the antitrust laws of the
United States and of the State of Florida and
to hold harmless, defend, and indemnify the
city for any noncompliance by said persons
with the above laws.
95- bit
E 66
§ 29•A
CHARTER AND RELATED LAWS
(2) All persons contracting with the city under
this section shall be obligated to pay which-
ever is the greater of the following: (i) all
applicable ad valorem taxes that are lawfully
assessed against the property involved or (ii)
an amount to be paid to the city equal to
what the ad valorem taxes would be if the
property were privately owned and used for a
profit -making purpose. Such taxes shall not
be credited against any revenues accruing to
the city under any contract that may be
awarded under this section.
(3) Any proposal by a potential bidder or con-
tractor that contemplates more than the es-
timated extent of the city's proposed commit-
ment of funds, property, or services shall be
ineligible for acceptance by the city commission.
(4) Any substantial increase in the city's com-
mitment of funds, property, or services,- or
any material alteration of any contract awarded
under subsection (c) of this section shall enti-
tle the city commission to terminate the con-
tract after a public hearing. Prior to such
public hearing, the commission shall seek and
obtain a report from the city manager and
from the review committee that evaluated
the proposals for the project, concerning the
advisability of exercising that right. (Char.
Amend. No. 3, 11-6-79; Ord. No: 9507, § 1,
10-28-82; Char. Amend. No. 1,11-2-82; Char.
Amend. No. 1, 114-86; Char. Amend. No. 3,
11-3-87)
Editor's note —Ora No. 9489, adopted by the commission
on Sept. 17, 1982, set forth Charter Amendment No. 1 for
approval/rejection at election on Nov. 2, 1982. On Oct. 28,
1982, Ord. No. 9507 amended the language of subsections (a)
and (c) of § 53 as proposed by Ord. No. 9489. The election was
to approve the language o(Charter Amendment No.l, as amended
by Ord. No. 9507. Subsequently, in light of Charter Amend-
ment No. 2 of Nov. 3, 1967, the city attorney directed the
codifrer to delete paragraph (ii) of subsection (d) as superseded
by § 29•B.
Annotations —For case decided prior to enactment by Char-
ter Amendment No. 3 of 1979 of a competitive -bidding re-
quirement for disposition of city property, see Mahoney v.
Givens, 64 So. 2d 926. Said case held that competitive bidding
is not required to lease city real estate.
Material variance between plans bid upon and plans sub-
mitted and adopted renders contract void, Glatstein v. City of
Miami, 399 So. 2d 1005.
Supp. No. 29
Subpt. A
Sec, 29-13. City -owned property sale or lease --
Generally. -
Notwithstanding any provision tb the contrary
contained in this Charter or the City Code, except
for the conveyance or disposition of city -owned
property implementing city -assisted housing pro-
gram or projects which are intended to benefit
persons or households with low and/or moderate
income by providing housing for such persons or
households, such as, but not limited to, those funded
programs or projects undertaken, pursuant to the
Federal Housing Act of 1937 and the Florida Hous-
ing Act of 1972, as those statutes maybe amended
or revised from time to time, implementing city -
assisted housing programs as may be authorized
by federal or state law, implementing projects
authorized under the Florida Community Rede-
velopment Act of 1969, and implementing pro-
jects of any governmental agency or instn=en-
tality, the city commission is hereby prohibited
from favorably considering any sale or lease of
property owned by the city unless there is a re-
turn to;the city of fair market value under such
proposed sale or lease. The city commission is
also hereby prohibited from favorably consider-
ing any sale or lease of city -owned property un-
less (a) there shall have been, prior to the date of
the city comhiLwion'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 eity's receipt —
of proposals from prospective purchasers or les-
sees, said advertisement to be no less than dne-
fourth (V,.) page and the headline in the adver-
tisement to be in a type no smaller than 18-point
and, (b) there shall have been at least three (3)
written proposals received from prospective pur-
chasers or lessees; however, if there are less than
three (3) such proposals received and if the guar-
anteed return under the proposal whose accep-
tance 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 consummat-
ed. A9 a further exception to the above require-
ments and any other requirement for competitive
4 1852.9 DUAW CODE
(d) Developer lists. Developer lists may be com-
piled to provide the city with the names of devel-
opers who may be interested in competing for
various types of city projects. Unless otherwise
provided, inclusion or exclusion of the name of a ;
developer does not indicate whether that devel-
oper is responsible with respect to a particular
procurement or otherwise capable of successfully
performing a particular city project.
(e) Public notice Notice inviting proposals shall
be published at least once in amewspaper of gen-
eral circulation in the city to provide a reason-
able time for proposal preparation considering the.
content and complexity of the anticipated scope of
work. In any event, at least fifteen (15) days shall
intervene between the last date of publication
and the final date for submitting proposals. Such
notices shall state the general description of the
scope of work, the place where a copy of the re-
quest for proposals may be obtained, and the time
and place for receipt of proposals. The city man-
ager may, in addition, solicit proposals from all
responsible prospective developers listed on a cur.
rent developers list by sending them copies of the
public notice to acquaint them with the proposed
procurement.
(f) Preproposal conferences. Preproposal confer-
ences may be conducted to explain the requ=e-
ments of the proposed procurement. They shall be
announced to all prospective developers known to
have received a request for proposals. The confer-
ence should be held long enough after the request
for proposals has been issued to allow developers
to become familiar with it but sufficiently before
proposal submission to allow consideration of the
conference results in preparing proposals. Noth.
ing stated at the preproposal conference shall change
the request for proposals unless a change is made
by written amendment. A summary of the con-
ference shall be supplied to all those prospective
developers known to have received a request for
proposals. If a transcript is made, it shall be a
public record.
(g) Receipt of proposals Proposals shall be opened
publicly in the presence of two (2) or more city
officials. After the closing date for receipt of pro-
posals, a register of proposals shall be prepared
by the city manager which shall include, but not
Supp. No. IO
be limited to, the name of each offeror a.r
summary description sufficient to identify the
ect. The register of proposals shall be opei
public inspection.
(h) Minority participation. The city's mine
procurement program shall be referred to in
requests for proposals and shall apply to the aw
ing of contracts for unified development proje
(i) Evaluation of proposals. The procedure
the selection of an integrated package prop
shall be as follows:
(1) All proposals shall be analyzed by a certi
public accounting firm appointed by the c
mission based only on the evaluation crit.
applicable to said certified public account
firm contained in the request for propos
Said certified public accounting firm s,
render a written report of its findings to
city manager.
(2) The review committee shall evaluate e
proposal based only on the evaluation crit
applicable to said review committee cunt-m
in the request for proposals. Said review
mittee shall render a written report to
city manager of its evaluation of each pr
sal, including any minority opinions.
(3) Taking into consideration the findings of
aforementioned certified public accounting I
the evaluations of the aforementioned ret
committee, and the degree of minority pA
ipation in city contracts, the city man
shall recommend one (1) or more of the
posals for acceptance by the commissio,
alternatively, the city manager may re
mend that all proposals be rejected. If t
are three (3) or more proposals and the
manager recommends only one (1), or
recommends rejection of all proposals, the
manager shall state in writing the re -
for his recommendation. In transmittin
recommendation or recommendations t
commission, the city manager shall in -
the written reports, including any miI
opinions, rendered to him by the afor_
tioned certified accounting firm and r
committee.
96- 511
§ 18-52.9 FINANCE § 1853
0) Award All contracts for unified development
projects shall be awarded to the person whose
proposal is most advantageous to the city, as de-
termined by the commission.
The commission may accept any recommenda-
tion of the city manager by an affirmative vote of a
majority of its members. In the event the com-
mission does not accept a proposal recommended
by the city manager or does not reject all propos-
als., the commission shall seek recommendations
directly from the aforementioned review commit-
tee, which shall make a recommendation or rec-
ommendations to the commission taking into ac-
count the report of the aforementioned certified
public accounting firm and the evaluation criteria
specified for the review committee in the request
for proposals.
After receiving the direct recommendations of
the review committee, the commission shall, by
an affirmative vote of a majority of its members:
(1) Accept any recommendation of the review com-
mittee; or,
(2) Accept any previous recommendation of the
city manager; or
(3) Reject all proposals.
All contracts for unified development projects
shall be signed by the city manager or his desig-
nee after approval thereof as to form and correct-
ness by the city attorney and approval -by the city
commission. (Ord. No. 9572, § 1, 2-10-83)
City code cross reference —Minority participation in uni-
fied development contracts, § 18.73.
Sec. 18-53. Types of contracts.
(a) Subject to the limitations of this section,
any type of contract which will promote the best
interests of the city may be used, except that the
use of a cost-plus contract is prohibited.
(1) Fixed -price contracts Fixed -price contracts shall
ordinarily be used for those purchases of goods
and services or sales and leases where the
terms, conditions, specifications and other fac-
tors of the contract can be specified with a
high degree of certainty and where use of a
fixed -price contract will result in substantial
competition between bidders or offerors will-
68 ing to compete for the contract. Incentives
Supp. No. 10
based on various performance factors and es-
calation clauses or other economic adjustments
may be included as appropriate to serve the
best interests of the city in achieving the
most economical contract performance.
(2) Cost -reimbursement contracts. Cost -reim-
bursement contracts shall ordinarily be used
for those purchases of goods and services or
sales and leases where the terms, conditions,
specifications and other factors of the contract
cannot be specified with a high degree of cer-
tainty or the use of fixed -price contracts is
not likely to result in substantial competi-
tion between bidders or offerors willing to
compete for the contract. Incentives based on
various performance factors and escalation
clauses or other economic adjustments may
be included as appropriate to serve the best
interests of the city in achieving the most
economical contract performance.
(3) Blanket -orders. The chief procurement officer
or individual purchasing agents may issue
purchase orders for indeterminate amounts
of repair parts, supplies and services to the
account of any department or office, but only
when based upon a definite contract or price
agreement which shall be negotiated in the
same manner as if the item to be purchased.
thereunder were to be individually purchased
or contracted for under the provisions of arti-
cles IV and V of this Code. Such orders shall
state a specific monetary limit which may
not be exceeded except on written approval
by the chief procurement officer.
(4) Multiyear contracts.
(i) Unless otherwise provided by law, a con-
tract for supplies or services, sales, or
leases may be entered into for any period
of time deemed to be in the best interests
of the city, provided that the term of the
contract and conditions for renewal or
extension, if any, are included in the in-
vitation for. bids or request for proposals,
and provided that funds are available for
the first fiscal period at the time of con-
tract award. Payment and performance
obligations for succeeding fiscal periods
shall be subject to the availability and
95- 511
Subpt. A CHARTER
other evidence of city indebtedness shall be
imposed on the bonds of the city.
(b) Streets, parks, bridges, sewers, grade cross-
ings, speed of vehicles,• services and rates of
motor vehicle carriers To pave, grade, curb,
repave, macadamize, remacadamize, lay out,
open, close, vacate, discontinue, widen, and
otherwise improve streets, alleys, avenues,
boulevards, lanes, sidewalks, parkas, prom-
enades, and other public highways or any
part thereof, and to hold liens thgrefor as
hereinafter provided; to construct and main-
tain bridges, viaducts, subways, tunnels,
sewers, and drains, and regulate the use of
all such highways, parks, public grounds,
and works; to prevent the obstruction of
such sidewalks, streets, and highways; to
abolish and prevent'grade crossings over
the same by railroads; to regulate the op-
eration and speed of all vehicles using the
streets; highways, and railroads within the
city; to regulate the service rendered and
rates charged by busses, motor cars, cabs,
and other vehicles for the carrying of pas-
sengers and by vehicles for the transfer of
baggage.
(c) Special or local assessments To impose spe-
cial or local assessments for local improve-
ments as hereinafter provided 'and to en-
force payment thereof.
(d) Contracting debts and borrowing money:
Subject to the provisions of the Constitu-
tion of Florida and of this charter, to con-
tract debts, borrow money, and make and
issue evidences of indebtedness.
(e) Expenditures: To expend the money of the
city for all lawful purposes.
(f) Acquisition and disposition of property and
services:
(i) To acquire by purchase, gift, devise,
condemnation or otherwise, real or per-
sonal property or any estate or inter-
est therein, inside or outside the city,
for any of the purposes of the city; and
to improve, sell, Iease, mortgage, pledge,
or otherwise dispose of such property
or any part thereof.
Supp. No. 27
(ii) To acquire or dispose of services inside
or outside the city, by purchase, gift,
or otherwise for any purposes of the
city.
(iii) To lease to or contract with private
firms or persons for the commercial use
or management of any of the city's wa-
terfront property, but only in compli-
ance with the other requirements of
this charter and on condition that:
(A) the terms of the contract allow rea-
sonable public access to the water
and reasonable public use of the
property, and comply with other
charter waterfront setback and
view -corridor requirements; and
(B) the terms of the contract result in
a fair return to the city based on
two independent appraisals; and
(C) the use is authorized under the then
existing master plan of the city;
(D) the procurement methods prescribed
by ordinances are observed.
Any such lease or management agree-
ment or proposed extension or modifi-
cation of an existing such lease or man-
agement agreement which does not com-
ply with each of the above conditions
shall not be valid unless it has first
been approved by a majority of the vot-
ers of the city.
Nothing herein contained shall in any
manner affect or apply to any project
the financing of which has been pro
vided by the authorization of bonds V
be issued by the city.
(g) Public'property and improvements: To mak
and maintain, inside and outside the cit;
public improvements of all kinds, inclu,
ing municipal and other public building
armories, markets, and all buildings ar
structures necessary or appropriate for 0
use of the city; to acquire by condemnatir
or otherwise all lands, riparian and oth
rights, and easements necessary for su
improvements; and to rent or lease fr,
any person any land or building within
"�thout the city or any part thereof for a
municipal purpose.
96- 511
0
g 3 CHARTER AND RELATED LAWS Subpc A
to be contributed for maintenance of the
G0 In order to preserve the City's natural
fund.
scenic beauty, to guarantee open spac.
®
1� (11) Airports and landing fields: To acquire by
es, and to protect the waterfront, any.
thing in this•cliarter.or the ordinances
purchase, lease, condemnation, or otherwise,
of the cit to the y contrary notwithstand.
lands inside or outside the city limits for �.
'
� ing, neither the city nor any of its agen•
use as landing fields or airports; to con-
. cies shall issue building permits for •
struct and equip thereon or on other prop-
any surface parking or enclosed struc•
erty of the city such 'improvements as may
tunes- located on Biscayne Bay or the
be necessary for that purpose; to operate
Miami
�� River from its mouth to the N.W.
and maintain such facilities; to provide rules
Street Bridge,
and regulations governing their use and
(A). which are not set back at least 50
the use of other property or means of trans-
poetation within or over the same; and to
feet from the seawall (where* the
depth of the lot is less than 200
enter into contracts or otherwise cooperate
feet, the setback shall be at least
with other government entities or other pub-
25 percent of the lot depth), and
lic or private agencies in all matters relat-
(B) which do not have average side
ing to such facilities; otherwise to exercise
yards equal in aggregate to at least
such powers as may be required or conve-
25 Percent of the water frontage of
nient for such establishment, operation, and
each lot based an average lot width.
maintenance; to levy taxes for any such
(iii) The above setback and side -yard re -
purpose; unless such facilities shall have
quuements may be modified by the city
been, acquired by lease, to issue bonds to
pay the cost of such facilities; and1to grant,
commission after design and site -plan
deed or dedicate lands, with or without con-
review and public hearing only if the
commission determines that the modi-
sideration, to other governmental entities
fications requested provide public bene-
for use as landing fields or airports. (Laws
fits such as direct public access, public
of Fla. (1929), ch. 14234)
walkways, plaza dedications, covered
(mm) Building and zoning.
parking up to the floodplain level, or
M To provide by brdinance building, plan-
comparable benefits which promote a
better urban environment and public
ning, and zoning regulations and re-
advantages, or which preserve natural _
strictions governing the height, num-
ber of stories, method of construction,
features. Wherever setback, side -Yard,
or site -plan review requirements•of,zon-
type, and size -'of buildings and other
ing ordinances are greater than the
structures; the percentage and portion
lot be
foregoing requirements, such greater
of the or site that may occupied;
�•
requirements shall govern..
the size of the front, rear, and side yards,
(iv) These requirements shall not apply to
courts, and other open spaces; the le-dockscation,
docks and appurtenant stnzcxixr•es, single -
cation, use of buildings, structures, and
family residences and appurtenant struc-
land for trade, industry, residences,
tures� and waterfront industrial uses
• apartment houses, and other purposes;
along the Miami River and at the Port
and the widening and future widening
a
of sweets in zoned street areas that the
of Miami. Nothing herein contained shall
in any manner affect or apply to: the
city may establish. Such regulations
of Miami/University of Miami
may provideCity
that a board of appeals or
James L. Knight International Center
the city commission may determine and
and hotel facility, including all improve -
vary the application of building, plan-
meats thereon, or to lands and projects
ning, or zoning ordinances in harmony
which the City commission has approved
70 with their general purpose and intent.
Sapp. Na 27
95- 511
14 Subpt. A CHARTER
1N
prior to September 18, 1979, by devel-
ing the existing waterworks system; to
opment order pursuant to chapter 380
promissory notes and cer•tifeates of in
14
of Florida Statutes of a planned area
development pursuant to article XXi-
edness, and to secure same by an as,
went of all net rentals and
1. City of Miami Comprehensive Zon- .
net revel
after the payment of all operating expe
ing Ordinance or which have received
and fixed charges, including interest or
site and development plan approval,
debt so created, and all debt created fo
including Plaza Venetia, Phase II, Reso-
construction of such work, derived from
lution No. 72-113. April 20, 1972, Res-
waterworks system or any portion the
olution No. 72.114, April 20, 1972, and
until moneys so borrowed shall have
Resolution No. 72.416, July 20, 1972.
fully paid; to mortgage the entire w,
(nn) Borrowing to erect and add to public build-
works system or any portion thereof to n
ings: To borrow money for the erection, con-
necessary repairs; and to pledge the
struction, and furnishing of public build-
revenue derived from said system, until
ings, including hospitals, city office build-
money shall have been fully repaid.
ings, city halls, and other municipal struc-
tares; to borrow money for the purpose of
withstanding the foregoing, no tax s
ever be levied nor money taken or dive
building additions to public buildings now
from the general funds of the city for
owned by the city; to execute notes and
payment of the indebtedness authorize
other evidences of indebtedness, and to se-
this section.
cure the same by a mortgage upon said
(pp) Borrowing to purchase, hire, maintain
buildings and the land upon which the build•
erate_ or lease public utilities: To bo.
rigs may be located; to pledge,and hypoth-
money for the purpose of constructing,
ecate the net. revenue, after the payment of
chasing, hiring, maintaining, operatin
all operating expenses and fixed charges,
leasing local public utilities, including s
including interest on the debt so created
and on all other debt created in the con-
railways, electric light lines, and equipi
necessary for supplying the city and ii
struction of such building, as well as to
habitants with transportation, illumine
pledge and hypothecate the net revenue
power, water, ice, and gas for heating
P4
derived from such buildings and the land
illuminating; to mortgage the public
upon which they stand, all for the purpose
ties so constructed, purchased, hired.,
of securing the repayment of money bor-
tained, operated; to issue prnmi.ssory
rowed to be used in such construction; to
and certificates of indebtedness evide
issue certificates of indebtedness secured
the existence of the indebtedness cr
by the net receipts from the use or rental of
by the borrowing of said money-, to p
the buildings or additions to present exist-
and hypothecate the net revenue, aft-
ing buildings erected or to be erected for
payment of all operating expenses and
public purposes. Notwithstanding the fore-
charges, including interest on the d
going, no tax shall ever be levied nor money
created and all other debt created f-
taken or diverted from the general funds of
construction of such works, der•ive,4
the city for the payment of the indebted-
the operation of such public utilities
ness authorized by this section. (Laws of
structed or purchased, including sa
Fla. (1933), ch. 16561)
revenue derived from such street rs
(oa) Borrowing to provide adequate waterworks
electric light plant, telephone and tel=system,
system• To borrow money for the purpose of
and water, ice, and gas pis
providing an adequate waterworks system,
pledge such net revenue until the m�
including new water lines, and for the pur
borrowed shall have been fully repai
pose of repairing, improving, and extend-
withstanding the foregoing, no t=x
Sapp. Na Z?
96- 511
i
1
1
1
APPENDIX B
City of Miami
Minority and Women Business Affairs
and Procurement Program
Article IV.5
Sections 18-67 18-77
of the Code of the City of Miami
and
Ordinances 10058 and 10063
96- 511.
I
0
�r,
FINANCE
ARTICLE IV.5. MINORITY AND WOMEN
BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM -
Sec. 18-67. Short title.
This article shall be known and may be cited as
"The Minority and Women Business Affairs and
Procurement Program Ordinance of the City of
Miami." (Ord. No. 10062, § 1, 12-19-85)
Sec. 18-68. Definitions.
For the purpose of this article, the following
terms phrases, words, and their derivations shall
have the following meanings:
Affirmative action plan shall include the pro-
jected annual goals and the timetables which will
be used to employ and/or procure with women
and minorities a nondiscrimination policy state-
ment and any other actions which will be used to
ensure equity in employment and the utilization
of minority and female -owned businesses.
Business enterprise means any corporation, part-
nership, individual, sole proprietorship, joint stock
company, joint venture, professional association
or any other legal entity that is properly licensed
to do business with the city and/or county and/or
the state.
Contract means agreements for'the procurement
of goods, services, or construction of facilities for
the city.
'Editor's note --Ord. No. 10062, § 8, adopted Dec. 19. 1985.
repealed Ord. No. 9775, § § 1-8. adopted Jan. 19, 1984, codi-
fied as § 18.72, concerning the minority procurement program.
At the discretion of the editor, § § 1-7 of Ord. No. 10062 have
been codified an art IV.5, §§ 18-67-18.74.
City code cross reference —Lease of cityovrned property
to require minority procurement clause, § 2 363.
County code cross reference —Procedure to increase par-
ticipatio❑ of Black vendors of commodities and services in
county contracts. § 2-8.2.
§ 18-68
Facilities means all totally or partially publicly
financed projects including, but without limita.
tion, unified development projects, municipal pub-
lic works and municipal improvements to the ex-
t�nt they are •financed with city money, utilize
city property, or require city services.
Goal means the percentages of the annual dol-
lar volume of procurement expenditures determined
by this article to be offered for minority and women
business participation.
Goods and services include, without limitation,
public works, improvements, facilities, professional
services, commodities, supplies, materials and
equipment.
Joint venture shall mean an association of per-
sons or legal entities with the intent to engage in
and carry out a single business enterprise for
profit.
Minority and women -owned small business en-
terprise means a business enterprise in which at
least fifty-one (61) percent of said enterprise is
owned by Blacks, Hispanics or women whose man-
agement and daily business operations are con-
trolled by one (1) or more. Blacks, Hispanics or
women and who employ a maximum of twenty-
five (25)-employees -or have a net worth not in
excess of two million dollars ($2,000,000.00).
Procurement expenditures shall mean a purchase,
payment, distribution, loan or advance for the
purpose of acquiring or Providing goods and services.
Set -aside is the term which will be used to des-
ignate a given purchase or contract or a portion of
a given purchase or contract award for Black,
Hispanic and/or women -owned businesses. Setesides
may only be utilized where it is determined, prior
to the invitation to bid or request for proposals,
that there are a sufficient number of certified
Black, Hispanic and/or women -owned businesses
to afford effective competition for the purchase.
Vendor means any business entity providing
goods, services or equipment to the city through a
purchase, field or blanket order or contract. (Ord.
No. 10062, § 2, 12-19-86; Ord- No. 10538, § 1,
1-12-89)
96-- 511
A
I
�1'
4
0
4 74
1,JLAMI CODE
Sec. 18-69. Established; components.
(a) A minority and women business affairs and
procurement program for the city is hereby estab-
lished. The city manager's office shall be held
accountable for the full and forceful implementa-
tion of the minority and women business affairs
and procurement program by providing appropri-
ate recommendations for action by the city com-
mission:
(b) For the purpose of assisting the city man-
ager in the implementation of said program, a
minority and women business affairs and procure-
ment committee is hereby established, consisting
of an appropriate number. of members, to be ap-
pointed by the city manager, with full represen-
tation of Hispanics, Blacks and women to be re-
sponsible for monitoring the implementation of
the program and making recommendations for
achieving the requirements of this article. The
committee shall be responsible for generating yearly
progress reports 0 the city commission and the
community at large.
(c) The city manager shall, utilizing existing
resources, create an office of minority and women
business affairs and procurement; and shall pro-
vide the appropriate staff and resources necessary
for the performance of all such administrative
duties; authorize and implement the administra-
tive guidelines and procedures required; and en-
sure compliance with the functions required to
promote the achievement of the program's goals
and objectives of increasing the volume of city
procurement and contracts with Black, Hispanic
and women -owned businesses. (Ord- No. 10062, §
3, 12-19-85)--
Cross reference —Department of gener 1 services adminis-
tration to contain office of minority and women business af-
fairs and procurement, § 2-263.
Sec. 18-70. Duration of program.
The minority and women business affairs and
procurement program established herein shall be
in effect only until such time as the effects of
prior unwarranted discrimination against Blacks,
Hispanics and women have been compensated for,
at which time the goals and set -asides provided
for herein shall no longer be observed. Such need
shall be reviewed every two (2) years by the city
Supp. No.32
§ 18.73
commission, upon the recommendation of the city
manager. (Ord. No. 10062, § 7, 12-19-85)—
Sec. 18-71. Applicability.
Except where federal or state law or regula-
tions mandate to the contrary, the provisions of
this article will be applicable to all city pre -bid,
bid, contract or other agreements negotiated by
the city. (Ord. No. 10062, § 6, 12-19-85)
Sec. 18-72. Objectives; use of set -asides.
(a) The objective of the city is to achieve.a goal
of awarding a minimum of fifty-one (51) percent
of the total annual dollar volume of all procure-
ment expenditures to Blacks, Hispanics and women -
owned small business enterprises to be apportioned
as follows: seventeen (17) percent to Blacks, sev-
enteen (17) percent to Hispanics and seventeen
(17) percent to women; such goal shall be applied
to all city bids and contracts.
(b) To further the goal of increasing the total
annual volume of all procurement expenditures
to minority and women-0wned business enterprises,
authority for a minority and women -owned business
enterprise procurement set aside i.s hereby estab-
lished for use by the city manager as he or she may
deem advisable or necessary to increase the parti-
cipation of Black, Hispanic and women -owned busi-
nesses in city procurement contracts. (Ord. No.
10062, § " 12-19-85; Ord. No. 10538, § 2,1-12-89)
Sec. 18-73. Required statements for solicita-
tions or notices; required state-
ments on contracts and awar&.
(A) It shall be mandatory for all city solicita-
tions or notices inviting bids, proposals, quotes,
letters of interest and/or qualifications, to contain
the approved requirements for M/WBE participa.
tion and to have these requirements incorporated
by reference, along with the inclusion of the ap-
propriate compliance forms, into the resulting con-
tracts and/or bid award documents. The city office
of minority/women business affairs is to be can-
sulted prior to the issuance of any such adver-
tisements or solicitations for the purpose of de-
termining the recommended goals or set -asides to
be included, and again prior to the signing of
95-- 511
§ 18.73
FINANCE
resulting contracts/bid awards for the purpose of
verifying compliance thereto.
(B) It shall be mandatory for all city contracts
and/or procurement award documents to contain
the following:
(1) A specific reference to the applicability of the
minority and women business affairs and pro-
curement program established by this article.
(2)
(3)
A provision stating the right of the city to
terminate and cancel any contract or,contrac-
tual agreement entered into, including elim-
ination of the individual and/or business en-
terprise from consideration and participation
in future city contracts, on the basis of hav-
ing submitted deliberate and willful, false or
misleading information as to his, her or its
status as a Black, Hispanic and/or women -
owned business enterprise and/or the quan-
tity and/or type of minority and women -owned
business participation.
A requirement that each successful bidder or
offeror agree to provide a sworn statement of
compliance with the provisions of this article
and its specific applicability to the purchase
or contract award under consideration; such
statement shall certify that the bidder or of-
feror, during the course of time involved in
the performance of the contract sought by
such bidder or offeror, shall not discriminate
against any business, employee or applicant
for employment because of age, ethnicity, race,
creed, color, religion, sex, national origin, handi-
cap or marital status.
(4) A statement of the extent to which the busi-
ness enterprise has as one (1) or more of its
partners or principals persons who are Black,
Hispanic or women, or is a joint venture com-
prised of a nontninority and minority busi-
ness and/or women -owned enterprise.
(5) A requirement that each bidder, proposer, or
vendor submit along with the bid or proposal
an affirmative action plan (AAP). Any signif-
icant equity participants, joint venture par-
ticipants, subcontractors, suppliers or other
Supp No 32
§ 18-7•
parties to the bid or proposal shall also bE
required to submit such plans. The objective
of the city is to require that bidders, propos
ers, and vendors doing business with the cit3
take certain actions designed to assure equi.
table participation of Blacks, Hispanics anc
women in their hiring and promotion activi•
ties. In view of this objective:
(a) All city vendors and contractors shall im.
plement specific affirmative action plans
as approved by the director of the office
t,i/WBE affairs and shall demonstrate a
good faith'effort to ensure equal employ.
meat opportunities for Blacks. Hispanics
and women on each purchase or contract,
Vendors and contractors shall document
these efforts fully and shall provide re-
ports as may be required by the city.
(b) Vendors and contractors shall permit ac-
cess to their books, records and accounts
by the office of M/WBE affairs -or her
designee for the purpose of investigation
to ascertain compliance with the forego
ing requirements.
(c) In the event of vendors' or contractors
- noncompliance with the affirmative ac
lion requirements of this section, the cite
manager may suspend in whole or part
cancel or terminate the bid or contrac
award and/or impose other sanctions A_
may be determined to be appropriate.
(6) A provision specifying the requirements%fo
continued bidder or offeror eligibility inclut
ing minority and female involvement. (Orr
No. 10062, § 4B, 12-19-85; Ord. No. 10538,
3, 1-12-89)
Cross reference—Aii-u=itive action division, § 2-236.1
Sec. 19-74. Good -faith effort required.
Bidders or offerors shall be required to dem
strate a reasonable and good faith effort to sol
and obtain the participation of qualified mino
and women -owned businesses in all bid and
posal documents. (Ord. No. 10062, § 5, 12-194
95- 511
§ 18-75
I4IIAh4 CODE
Sec. 18-75. Contractor's certificate of compe-
tency.
(a) For the purpose of this section, the follow-
ing terms, phrases, words, and their derivations
shall have the following meanings:
(1) Business enterprise means any corporation,
partnership, individual, sole proprietorship,
joint stock company, joint venture, professional
association or any other legal entity.
(2) Construction contract means agreements,for
the erection, alteration, demolition, or repair
of any public building or any other kind of
public work or improvement.
(3) Minority and women -owned business enterprise
means a business enterprise in which at least
fifty-one f51) percent of said enterprise is owned
by Blacks, Hispanics or women whose man-
agement and daily business operations are
controlled by one (1) or more Blacks, Hispan-
ics or women.,
(b) The owners of minority or women business
enterprises submitting bids for construction con.
tracts to be let by the city must be certified in the
field for which the contract is to be let pursuant
to chapter 489, Florida Statutes or Chapter 10,
Code of Metropolitan Dade County in order to
qualify for the minority or women preference on
such contract. (Ord. No. 10332, §§ 1, 2, 10-22-87)
Editor's note—Sectioas 1 and 2 of nonamendatory Ord. No.
1033Z adopted Oct 22, 1987, have been codified as 4 18-75 at
the editor's disa-etioa. Section 6 of the ordinance provides an
effective date of January 1, 1989.
Sec. 18-76. Administrative procedures.
The departments of finance, public works and
general services administration are authorized to
establish the required administrative procedures
to insure compliance with the provisions as set
forth herein.
The finance department is mandated to insti-
tute payment procedures which will insure, in
those instances in which the MfWBE bid or con-
tract requirements result in contracts, subcontracts
or joint ventures for Iv'I/WBEs, that compensation
provided pursuant thereto shall be in the form of
Supp. No. 32
,)n
§ 18.76
a check made payable to the primary contractor,
bidder or proposer, and (if appropriated jointly) to
the minority./women business enterprise subcon-
tractor or joint venture partner in an_ambunt not
to gzceed the subcontracted or joint venture amount,
based upon approved invoices submitted by the
prime contractor, proposer or joint venture, to the
city.
In the event a dispute should arise as to the
performance or payment of the primary contrac-
tor or bidder/proposer or the M/WBE, under the
terms and conditions of the city contract or pro-
curement award document, compensation shall
be withheld until such time as the dispute is re-
solved in accordance with the procedures set forth
in this chapter for resolving such disputes.
All administrative directors shall amend their
existing policies and procedures or to create such
new. ones as may be required to insure and report
on compliance with all aspects of this article. (Ord.
No. 10538, § 4, 1-12-89)
Sec. 18.77. Designation of director as respon.
sable official for bid requirements,
guidelines, etc.
The director of the office of minority/women
business affairs is designated as the official re-
sponsible for establishing MIWBE - bid and con-
tract/award requirements, creating and implement-
ing compliance guidelines, monitoring compliance,
resolving disputes, and reporting on all of the
above to the city manager. (Ord.. No. 10538, § 5,
1-12-89)
96- 51-
APPENDIX Be
Pertinent Legislation
77
96- 511
6/28/96
RESOLUTION NO.
A RESOLUTION, AMENDING RESOLUTION NO. 96-283
ADOPTED APRIL 25, 1996 BY INCLUDING AN
ADDITIONAL CITY -OWNED PROPERTY, THE
RICKENBACKER MARINA LOCATED AT 3301
RICKENBACKER CAUSEWAY, AS A FUTURE OPTION
UNDER THE UNIFIED DEVELOPMENT PROJECT ("UDP")
DETERMINED PURSUANT TO SAID RESOLUTION FOR
THE DEVELOPMENT AND OPERATION OF A BOAT YARD
AND ANCILLARY MARINE RELATED FACILITIES AT
THE PROPERTY KNOWN AS THE VIRGINIA KEY BOAT
YARD, LOCATED AT 3501 RICKENBACKER CAUSEWAY,
WITH SAID ADDITIONAL PROPERTY TO BE INCLUDED
AS A FUTURE OPTION IN THE REQUEST FOR
PROPOSAL ("RFP") ISSUED FOR SAID UDP.
WHEREAS, the City Commission, by Resolution No. 96-283
adopted April 25, 1996, determined that the most advantageous
method to develop certain improvements to designated City -owned
waterfront property was as a UDP; and
WHEREAS, said Resolution further authorized the City Manager
to prepare a Request for Proposals (RFP) for the development and
operation of a boat yard and ancillary marine related facilities
at the property known as the Virginia Key Boat Yard (also known
as the marine stadium marina), located at 3501 Rickenbacker,
Causeway; and
WHEREAS, it was subsequently learned that inclusion of .the
adjacent leasehold site, the Rickenbacker Marina, located at 3301
Rickenbacker Causeway, in the UDP offering would result in
significant advantages to the CITY and the boating community in
78
96- 511
Section 3. The City Manager is hereby authorized to incli
said additional property, the Rickenbacker Marina, as a futi
option in the RFP issued for said UDP.
Section 4. This Resolution shall become effect
immediately upon its adoption.
PASSED AND ADOPTED this day of 199�
ATTEST:
i
WALTER FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
LINDA KELLY KEARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
3
Wifredo (Willy) Gort
Vice -Mayor
95-
terms of property management, physical improvements and
marina/boat yard operations; and
WHEREAS, it is recommended that this additional property be
included in the UDP as an option to be carried by the Successful
Proposer through the end of the existing tenant's lease term in
the year 2009, with annual compensation to the City until such
time as the option may be exercised;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are incorporated herein as if fully
set forth in this Section.
Section 2. Section 2 of Resolution No. 96-283 adopted April
25, 1996 is hereby amended in the following particulars 1/:
"Section 2. The development of a boat yard and
ancillary marine related facilities on City -owned
waterfront property known as the Virginia Key Boat Yard
(also known as the Marine Stadium Marina), located at
3501 Rickenbacker Causeway, Miami, Florida, with the
future option to undertake the development of a marina,
j boat yard and ancillary marine related facilities on
the adjacent City -owned property known as the
Rickenbacker Marina, located at 3301 Rickenbacker
Causeway, is hereby determined to be a Unified
Development Project ("UDP"), for which the City shall
j seek to secure from the private sector an integrated
package of services to include planning and design,
lconstruction, leasing and management of said proposed
development."
lr Words and/or figures underlined shall be added. Words
and/or figures stricken through shall be deleted. Asterisks
represent omitted and unchanged material.
2
80
96- 511
A
J-96-375
4/25/96
RESOLUTION NO. 9 6- 2 0`3
A RESOLUTION DETERMINING THAT THE MOST
ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CITY -OWNED WATERFRONT
PROPERTY IS AS A UNIFIED DEVELOPMENT PROJECT
("UDP"); AUTHORIZING THE CITY MANAGER TO
PREPARE A DRAFT REQUEST FOR PROPOSALS ("RFP")
FOR SAID UDP, FOR THE DEVELOPMENT OF A BOAT
YARD AND ANCILLARY MARINE RELATED FACILITIES
AT THE PROPERTY KNOWN AS THE VIRGINIA KEY
BOAT YARD (ALSO KNOWN AS THE MARINE STADIUM
MARINA), LOCATED AT 3501 RICKENBACKER
CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA.
WHEREAS, City of Miami Charter Section 19-A(c) and Code
Section 18-52.9 provide for the "Unified Development Project
("UDP") process to govern the development of improvements to real
property owned or to be acquired by the City; and
WHEREAS, said UDP process further provides that under
certain circumstances it may be most advantageous for the City to
procure from -the private sector one or more of the following
integrated packages for the development of said improvements:
planning and design, construction and leasing;
planning and design, leasing and management;
planning and design, construction, and management; or
planning and design, construction, leasing and management;..!
and
WHEREAS, the City Manager was directed to initiate a, UDP
process for the development of a boat yard and related marine
facilities at City -owned property known as the Virginia Key Boat
96-- 511
tII1'Y comasSYm,
ASEEITNG OF
APR 2 5 1996
HesWudon IQo. 8
9 6-- - 2U -
Yard (also know as the Marine Stadium Marina), located at
3501 Rickenbacker Causeway, Virginia Key, Miami, Florida; and
WHEREAS, it is recommended that the City Commission formally
determine that said development be considered a UDP; and
WHEREAS, in accordance with Citv Charter and rnrlA
provisions, a public hearing will be scheduled at a later date
and time to consider the contents of the RFP, and to continue the
implementation of the UDP process for said project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The development of a boat yard and ancillary
marine related facilities on City -owned waterfront property known
as the Virginia Rey Boat Yard (also known as the Marine Stadium
Marina), located at 3501 Rickenbacker Causeway, Virginia Key,
Miami, Florida, is hereby determined to be a Unified Development
Project ("UDP"), for which the City shall seek to procure from
the private sector an integrated package of services to include
planning and design, construction, leasing and management of said
proposed development.
82 - 2 - 95- 511
96- 283
Section 3. The City Manager is hereby authorized!' tc
prepare a draft Request for Proposals for said UDP, as set forth
in Section 2 hereinabove.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 25th day off April , 1996.
i
P'; S N P . CLARK, MAYOR
ATTEST:
WALTER J.
CITY Ctwtk
PREPARED AND REVIEWED BY:
LINDA K. KEARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q NN JO , II
CITY ATT Y
i
W845:BSS
1/ The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
-3- 96- 511
9s- 2
APPENDIX C.
Summary - Dade County Manatee Protection
Plan
84 96- 511
DADE COUNTY MANATEE PROTECTION PLAN
Summary and Fact Sheets
A preliminary draft of the Dade County Manatee Protection Plan r,
completed by the Dade County Department of Environmental Resourc
Management (DERM) in June 1992 following several years of dE
collection and review with an informal discussion group includi
representatives of environmental interest groups, government agency
and the regulated community. Following a series of six pub]
workshops, representatives of the regulated community request
establishment of a citizen's committee to review the draft plan.
the request of the Environment and Land Use Committee of the DE
County Board of .County Commissioners, then chaired by Commissior
Harvey Ruvin, the Director of DERM appointed thirteen persons to t
Manatee Protection Plan Review Committee. This committee incluc
representatives of boating and marine interest groups, environment
and civic organizations, and the South Florida Water Managem�_
District. The committee began monthly public meetings in October lf.
and continued a section -by -section review of the draft plan throe
June 1995. The final draft plan reflects the recommendations of r
Review Committee with exact language as approved by simple majori
vote of committee members present.
The final draft plan contains background information, recommendation
and policies relating to habitat and water quality protectic
manatee -human interactions (including mortality caused by water contj
and drainage structures), land development (including siting or marl
facilities), law enforcement, education and awareness, and governmen!
coordination. To assist readers in assimilating the recommenc
actions contained in the lengthy narrative, all objectives and polic
have also been extracted and compiled in a separate chapter at the
of the plan document. The most significant groups of recommendati�
relate to eliminating manatee mortality at flood gates and drain
structures and to the siting or operation of marinas and other ves=
launching, storage or docking facilities. Highlights of th=
complicated portions of the plan are summarized in this section.
Flood Gates and Drainage Structures
The objective of this section of the plan is to reduce to zero,
number of manatee mortalities related to flood gates and drain
culverts. Twenty separate recommended actions have been develo
related to this objective, many of which have already been implement
o Flood gates are to be equipped with pressure -sensitive devi
which cause the gate to open if it closes on an obje
Prototypes have already been installed on some gates. Engineer
and installation of improved designs is in progress.
o Back-up manatee protection strategies, including "over-the-r
discharge designs, sonar or acoustic devices, barriers,
improved operation procedures should be developed. A U.S. '
Corps of Engineers and South Florida Water Management Distr
(SFWMD) study of such alternatives is in progress.
96- 511
o The SFWMD shall be required to provide reports, operating reco
permit applications, and other information concerning man
protection to the appropriate regulatory agencies on a reg
basis. Such information shall also be made available to
public through annual reports and workshops.
o Barriers have been constructed at two drainage canals at the M-
International Airport to prevent manatees from entering stormwi
culverts. Regular maintenance and reporting will be require -
assure compliance.
Siting of Marinas and Other Vessel Facilities
The objective of this section of the plan is to reduce additic
impacts to manatees or their habitats caused by development
operation of new or expanded vessel facilities. Many regulati
protecting seagrass, wetlands, water quality, and other natu
resources are already in place and would continue to be implemented
they always have been. To reduce the risk of vessel -manatee collisi
and disturbance of critically sensitive manatee behavior, increa
density of commercial power boat facilities in essential mana
habitat and in or near no -entry zones is not recommended, unless it
be demonstrated that the proposed project would not adversely aff-,
manatees. Since manatees occur most often in canals, tributaries,
shallow nearshore areas, especially seagrass beds, most of these art
are designated as essential habitat (please refer to attached mar,
Year-round no -entry zones for manatee protection have been establisr
northwest of Virginia Key and in portions of the Black Creek canal
marina basin. Development of marinas, boat ramps, dry storage
other vessel facilities is encouraged outside of essential 'manat
areas or near open water destinations favored by most boaters.
o No new restrictions are recommended for regulation
single-family residential docks. Single-family residential do(
may be constructed anywhere in Dade County in accordance w�
existing regulations. Construction of single-family docks locat
in seasonal "no entry" zones shall be permitted during the sumr
(May 1 - November 14). Emergency repairs necessary for hur
safety may be permitted at any time.
o All existing facilities, regardless of location, may rebui:
renovate or reconfigure as long as there is no net increase in t
total number of wet and dry power boat slips. For the purpose
this plan, any marine facility in use or operating on or aft
October 28, 1984 is considered an existing facility.
o New or expanded multi -family residential docking facilities may
constructed anywhere they are not otherwise prohibited. Howevi
in essential manatee habitat, multi -family residential dock:
facilities with more than five slips would be limited to one pos
boat per 100 feet of developable shoreline. Additional sl.
could be occupied by sailboats. Vessels docked at the facil
must be registered to residents.
86 96- 5:
o New or expanded commercial marinas, dry storage, fuel docks and
transitory docks for power boats may be permitted outside of
essential manatee habitat. No new limit would be placed on number
of power vessel slips. Generally recommended areas include the
eastern side of Biscayne Bay from Haulover to Government Cut,
Keystone Point, Dinner Key, portions of Crandon Park, or Matheson
Hammock.
o New or expanded special use marinas, such as facilities for large,
luxury yachts, charter boats, and certain commercial fishing boats
may be permitted outside of essential manatee habitat without
limit on number of slips. New special use marinas may also be
suitable for some sites within essential manatee habitat, such as
Watson Island.
o New or expanded courtesy docks and docks for water taxis or
similar public transportation vessels; or certain commercial
fishing vessels may also be permitted in the Miami River from the
5th Street bridge to the mouth and along the west shoreline of
Biscayne Bay from the Port of Miami to SW 15th Road with a maximum
density of 1 power boat per 500 feet of shoreline, including
existing slips. Outside of essential manatee habitat, such docks
may be permitted without limitation in any area where they are not
otherwise prohibited.
o New or expanded freight terminals or large vessel berthing
facilities may be permitted along Government Cut and the
Government Cut turning basin. Existing and new large vessel
facilities will be required to utilize fenders or other mooring
design that provides 4 feet of standoff during operation. *On the
Miami River, 3 feet of standoff will be required. New or expanded
large vessel berthing facilities will also be permitted on the
Miami River, -provided standoff requirements above are met.
o Expansion of existing boat yards is preferred to the construction
of new facilities. New boat yards should also be permitted along
Government Cut, along the east side of north Biscayne Bay, or
along certain canals in Dumfoundling Bay, where compatible with
existing land use and zoning.
o Any project that does not meet the above density or siting
limitations may still be permitted provided it does not adversely
affect manatees in accordance with a series of performance
criteria. These criteria were developed to provide a mechanism
for obtaining a variance from the above requirements.
o New or expanded boat ramps shall be permitted in the same areas as
commercial marinas. Boat ramps may be permitted at alternative
locations provided that they comply with the performance criteria
as described above.
a
96- 511
APPENDIX Do
City of Miami Daywalk/Riverwalk Design
Standards and Guidelines
88
95- 5:
DESIGN STANDARDS AND GUIDELINES
i
I
1. Baywalk/Riverwalk design standards and guidelines.
A. General principles.
Public access waterfront walkways shall:
i
1. Feel public. No one should feel as if he or she is intruding on Qrivate property. the
i public should'feel welcome and at ease to move along the entire length of the bay/river
r walk. Signage should clearly establish the public's right to use the walkway.
2. Be usable. Young and old, handicapped and joggers, lovers, fishermen, business and men
and women, everyone should find the bay/rivervaik usable. Potential conflicts between
active and passive users should be prevented through segregation of bay/river walk use
zones. (See DESIGN STANDARDS below).
3. Provide visual access. The attraction is the rater. Al W andscaping, furniture,
lighting guard rails and planters should be subordinated to enhance maximum visibility
to the water. Simplicity of design is preferred. The views of adjacent private
development should not be obstructed.
4. Enhance visual quality. Parking and service areas must be completely screened from the
walkway. Materials, color and tones should complement the natural shoreline
environment.-
S. Connect to other public areas. Public parks. transit stops, thoroughfares, midblock
walkways, shopping areas, and publicly accessible plazas should connect to the bay/river
walk.
'6. -Take advantage of bay/river setting. Where practical, boating and fishing activities
should he incorporated into Say/Rivervalk designs. Elevated viewing areas, historiciity
interpretive markers and signs are desirable.
B. Design standards.
The Bay/River Walk shall be a minimum of twenty (ZO) feet wide overall and shall consist of
five distinct zones: an edge zone, a safety buffer zone, a circulation zone, a passive
zone, and a transition and security zone.
ftlge aerie.
1. The top of the bulkhead or seawall shall be at a constant elevation for the length
of the bay/river walk. It shall be 18 to 30 inches wide at the top.
2. Safety ladders of stainless steel or galvanized steel shall be placed a maximum of
100 feet apart along the face of the seawall or bulkhead, to allow for climbing out
of the water at low tide.
3. The top of the seawall/bulkhead shall be 6 to E inches higher than the surface of
the baywaik circulation zone.
4. The Inside edge of the seawall/bulkhead shall be beveled.
S. The top surface of seawall/bulkhead shall be textured and of a lighter color than
the surface of the circulation zone.
Wety bujjer zone.
1. Since railings, walls and/or other barriers are not desirable along the water.$
edge, bay/river walk users need to be warned when coming close to the water with a 3
to 5 foot wide safety buffer zone consisting of a rough textured surface that
discourages walking.
2. Paving within the safety buffer zone shall be a type of cobble stone with "river
rock', approximabtely 3/4 to 1 1/2 inches in diameter, set in concrete leaving a
relief of 1/4 to 1/2 Inches or similar.
95-- 511
a
Orculation zone.
1. The bay/river walk circulation zone shall consist of a linear pedestrian walkway o
promenade and shall be 8 to 12 feet wide.
2. The walkway may meander along the shoreline; however all offsets in the alignment
the walkway shall not exceed 6 feet and be spaced not less than 50 feet apart.
3. Obstructions to movement (trees, bollards, lighting, etc.) within the circulation
zone shall not reduce the clear width of the walkway to leis than 8 feet at a
point.
A. Variable textures and materials may be used to surface the, promenade.
S. The promenade surface shall be at a constant elevation, and shall be accessible to
handicapped persons throughout the entire length of the bay/river walk.
iirtsitre acne.
1. The area for sitting, accent landscaping and concessions shall be located along the
Inland side of the bay/river walk, and shall be not less than 4 feet wide.
v
2. Short lengths of the passive zone may be elevated 18 to 24 inches above the level o,
the promenade for enhanced bay and river views.
3. All benches shall have back rests, and their placement shall emphasize direct views
of the water.
6. Seating surfaces shah be Purple Heart, Western Red Cedar or Redwood.
5. All furniture shall be permanently installed preferably by direct burial In
concrete.
6. Appropriate additional furniture including trash receptacles, overhead canopies or
shelters, drinking fountains, etc., shall be confined to the passive zone.
7. The passive zone iay be paved in plain concrete or the paver on the main circulation
zone.
Tiotaiticrt and se twity zvte.
1. To buffer private development from the adjacent bay/river walk a minimum 3 foot wide
transition zone shall border the bey/river walk facility.
2. This visual and functional transition from public to private space shall generally
be marked by low level shrubbery and overhead shade or ornamental trees.
3. Security to limit public access to private property may be provided by fences, grade
changes or retaining walls. All screens and waits shall be landscaped to reduce
their visual impact on the walkway.
d. For adjacent developments that serve the public (i.e., restaurants, shops, hotels,
entertainment, etc.) provision of wide, visible and easy pedestrian access to the
bay/river walk shall be assured.
S. In general, landscaping and security barriers shall not visually screen the
bay/river wank from adjacent active uses, such as retail restaurants, or
entertainment.
96-
C. Standards and guidelines for design elements.
Lrnxlscq)ing.
1. Shade trees shall be confined to the inland edge of the passive zone,
2. Palms may be used along either edge of the bay/river walk, but Coconut Palms'or
Sabai Palms are particularly appropriate for the water's edge.
3. Raised planters, if used, shall be confined to the passive zone, and all planter
walls shall double as sitting walls, 15 to 30 inches in height.
4. Plant material shall be primarily native salt -tolerant species.
Ligf+t ing.
1. Lighting at the water's edge shall be confined to $-inch diameter bollards, which
shalt be 24 to 30 inches high and spaced approximately 20 feet on center.
2. Bollards shall be 1Q0 Watt MY with down illumination not extending beyond the
bulkhead line. .�
3. Overhead lighting shall be confined to the passive zone and consist of down
lighting with lamps not over 14 feet high, 175 watt MY, and spaced approximately 50
feet on center.
4. Up lighting of landscaping, particularly shade trees, shall be confined to the
passive zone and transition zone.
S. Mercury vapor, metal halide lamps or similar *white" light luminaires shall be
used.
b. Colored lighting, except for private signs, shall not be used.
7. Simple contemporary fixture design shall be used as opposed to highly stylized,
vintage or period designs.
�, Signoge.
1. Ali public access bey/river walks shall be marked with the standard 'Public Shore'
sign.
2. All major public access points, including park walkways, roadways, dedicated
midblock walks and public plazas, shall be marked with *Public Shore' signs.
3. Adjacent accessible publicly oriented private development, such as cafes or shops,
shall identify the use with signage in the transition zone,
i
4. Uniformly designed historic or environmental markers and descriptive plaques shall
t be placed in the passive zone.
i
i S. Signage shall identify accf-=c -oints and adjacent activities, (cafes, shops, etc.)
for boaters.
96- 51,
APPENDIX E.
City of Miami Minority and Women Business
Affairs and Procurement Program:
Article FV.5., section 13-67 - 13-77 of the
Code of the City of Miami;
Ordinances 10062, 10538 and 11272
92 96- 51
I
A
A
0
I
a
A
4
L
■
0
J-as-944
10/11/85 ORDINANCE N0. 10 0 6 2
AN ORDINANCE REPEALING ORDINANCE NO. 977S.
THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF
THE CITY OF MIAMI' FLORIDA AND SUBSTITUTING
THEREFOR A NEW MINORITY PROCUREMENT PROGRAM
ORDINANCE TO BE KNOWN AND CITED AS -'THE
MINORITY AMD WOMEN BUSINESS AFFAIRS AND
PROCUREMENT ORDINANCE OF THE CITY OF MIAMI.
FLORtOW ESTABLISHING A MINORITY ANO..WOMEN
'BUSINESS AFFAIRS PROCUREMENT PROGRAM AND
COMMITTEE; PROVIDING FOR THE CREATION BY THE
CITY MANAGER 'OF AN OFFICE OF MINORITY AND
WOMEN' BUSINESS AFFAIRS AND PROCUREMENT.
FURTHER SETTING FORTH A GOAL OF AWARDING AT
LEAST St' PERCENT Of THE CITY'S TOTAL ANNUAL
DOLLAR YOLUME OF.ALL PROCUREMENT EXPENDITURES'
'TO BUSINESSES OWNED BY BLACXS (17%1.
HISPANICS (17%); AND WOMEN (17S); AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FOR THE DEYELOPMENT OF PROCEDURtS, MEASURES
AMO RESOURCES TO IMPLEMENT SAID PROGRAM.
COALS AND OBJECTIVES;. AND CONTAIMING A
SEYERABILIrY CLAUSE.
WHEREAS; Ordinance No. •1176 dealing. with minority
prccuremdnt has' been -found to be In need of revision and
modification to strengthen the effectireaess of the City of
Miami's Minority Procurement Policy and Prograk; and
WHEREAS; the City Comiission; in repealing Ordinance We.
9775 and in adopting and substituting therefor the herein
Minority and.Woman Business Affairs and Procurement Ordinance is
authorized Pursuant to the Charter of the City of Mfami,
Sections 52 and 53; and the Municipal man* Rule Powers Act of
1973, Chapter 165.001 it seg.s Florida Statutes, as amended; and
WHEREAS; the U.S. Supreme Court has upheld Dade County
Ordinance Mo. 82-67; adopted July 20, 1984; restricting bidding
an construction projects to Black -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS. findings of a City of Miami Minority Procurement
Disparity Study indicated a substantial exclusion of minority
and wonen-owned businesses from the City's procurement process
for the fiscal years between 1971 and 1981;-and
WHEREAS. this Ordinance will prfvent the perpetuation of
93
the effects of prior unwarranted discrimination which has
9�i- 511
heretofore impaired; limited or foreclosed procurement and
contracting opportunities for businesses owned by Blacks;
Hispanics and Women with'the City Of' Miami; and
WHEREAS, the City of Miami has established a policy of
constructive affirmative action to tllminats substantially the
effects of prior discrinlnation; and
WHEREAS; the proposed Minority and Women Business Affairs
and Procurtatnt Progra•,and P011cy contains requirements: "I
that those who contract with the, City of Miami in the areas of
procuPemeat shall not diserlwinate against any business,
employte or. -applicant for employment because of age. ethnicity,
race; creed; color; religion; sox; national origin; handicap, or
marital status, and (b) that such city contractors hove and
implement an Affirmative Action or�tqual Employment Opportunity
policy to ensure that such businesses; QmPloyets or applicants
for employment are treated equally without regard to agt,
ethnicity; race,, creed, color; religion, sex, national origin,
handicap or marital status, and
j
1
WHEREAS,, implementatioR-of tkis ordfaaRce will serYe the
'
best interest of the City and will maximise the opportunity for
small business concerns owned and eontrollad by Blacks,
Hispanics ,and Woman to procure or contract with tht City of
Miami in the area of procurtatnt; and
WHEREAS; to be effective It is nectssary and 4asirable to
establish for the City of Miami a Minority and Women Business
Affairs Procurement Program with the appropriate goals.
ob'ectivts; administrative procedure Wad resources; and adopt
1e91slation remedying the affected Hispanic, Black and Women -
owned businesses;
NOW, THEREFORE; BE IT ORDAINED BY THE COMMISSION Of THE
CITY Of MIAMI; FLORIDA:
$action 1. This Ordinance shall be known and may be cited
as 'The Minority -and Women Business Affairs and Procurement
Program Ordinance of the City of M1aai.'
Section 2.' For the purpose of this Ordinance. the
following torus phrases, words, and their derivations shall Aare
94
the following meanings: 9 6 — 51
A. Business •Enterprise leans any corporatio
partnership; individual, sole proprietorship; joint $to
®
company, joint venture; professionai association or any oth
1l�
least entity that is properly licensed to do business with ti
City of Miami and/or Dade County and/or the State of Florida.
B. Minarity and Waxen -Owned Susiness Enterprisa aea
A business enterprise is which ,at least SY percent of sal
:nterprist is owned by Blacks. Hispanics or llamen who%
management and daily basiaess operetioas are controlled by on
or more Blacks; Hispanics ar iioaen.
C. Con tree; means agreements for the procurement oi
goods; services or construction of facilities for the City or
Miami. .
Fact lities deans all total mar partial publicly
financed projects Including; but without limitation, unified
developsent projects, municipal public works and municipal
Improvements to the extent they are financed with City money,
•serviees.
utilize City property;'or require City
E. Goods and -services include; with,,% limitation,
public works, improvements; facilities; professional services,
commodities; supplies, materials and equipment.
F. Coal means the percentages of the annual dollar
volume of procurement expenditgris determined by this ordinance
%
to be offered for Minority and Yomea business participation.
4
G. Set -aside is the term which will be used. to
designate a given purchase or contract or a portias of a given
purchase or contract award for Black, Hispanic and/or Woaen-
owned businesses. Set -asides may ally be utilized where it is
deterained, prior to the iAvitatiaa to bid or request for
proposals, that there art a sufficient number of certified
1
i Black, Hispanic and/or 1lasea-owned businesses to afford
effective competition fo•r the purchase.
H. Joint Venture shall titan an association of persons
or legal entities with the intent to engage to and carry out a
I•single
business enterprise for profit.
96- 511
I. procurement Expenditures shall .Been a purchase,
payment. distribution; loan or advance for the purpose of
acquiring or providing floods and services.
J. Aff1"4tive Action Plan shall include the
projected annual goals mad the timetables which will be used to;
aeploy and/or procure with women and minorities a non-
discrimination policy statement and any other actions which will
be used to ensure equity in.exployment and 'the..utilization of
minority and female-owaed businesses.
Section 3. A Minority and women Business Affairs and
Procurement Program for the City of Miami it hereby established.
The City Manager's Office shalt be held accovntable for the full
and forceful implemanta'tlon of the Minority and Women Business
i Affairs and Procurement Program by providing appropriate
!- recommendations for action by.th.e City Commis:ion.
A. For the purpose of assisting the City Manager in
the implementation, ur. sasu orugram, a Minority and women
insiness Affairs and Procurement Committee is hereby
established, consisting of an appropriate Rusfber of members.• to
be appointed by the City Manager; with fail representation of
Hispanics, Otacks'and Women to be with
for monitoring the
implementation of the program and making recommendations for
lachieving the requirements of this Ordinance. The Committee
shall be responsible for generating yearly progress reports to
the City Coezaission and the community at large.
t `. The City Manager shall, utilizing existing
i resources, create an Office of Minority and Women Business
Affairs and Procurement; and shall- provide the appropriate.staff
and resources necessary for the performance of all such
administrative duties... authorize and • implement the
administrative guidelines and procedures required; and ensure
compliance with the functions . required to promote the
achievement of the program's goals and objectivds of increasing
the volume of City procurement and contracts with Black.
Hispanic and Wooten -owned businesses.
96- 511
96 1006 2
1s to achieve
Section t. The objective of the city
of awarding a miniium of 51T of the total annual dollar a
of all procurement expenditurts,to slacks. Hispanics and
owned business enterprises to be apportioned as fol
s:ventetn percent (17%) to 61acts; seventeen percent (17
Hispanics and seventeen percent (17%) to WOmen-1'
•A. To further the goal of increasing the total a
volume of all procurement expenditures to minority and w
owned business enterprises. authority for a minority and w
Owned business ontorpriso procurement set -aside is h
established for use by the City Manager as he or she may
advlsable or necessary to increase the participation of d
®
Hispanic•* and Women -owned businesses in City procur=
7�
contracts.
9. It shall be mandatory for all City of .'
contracts and/or procurement award documents to contain
following;
"A
(1.) specific reference to the applieabl
of the Minority rod Koren tus'Iness Affairs•;••and Procure
Program established by this Ordinance;
(2.) A provision stating the right of the
to terminate and cancel any contract or contractual agree
entered into; including elimination of the individuals) an
business eaterprise(s) from eonsl4oration and yarticlpatio,
futuht City contracts; on the basis of having subwi
deliberate and willful; false or misleading Information a
his. her or Its status as a Black, Hispanic and/or WOm#1e-a-
busintsi enterprise and/or the quantity and/or type of Nino,
and women -owned business participation;
(1- ) A 'requirement -that each successful bi •
or offeror agree to.provide a sworn statement of compliance -
the provisions of this Ordinance and its specific applicabil
"
to the purchase or contract award under consideration
i
statement shall certify that the bidder or offeror. during
1 Women, depending upon their own annual self-selection, shal
listed in only one (1) of the categories: race. ethnicity.
gender.
Q
n n
course of time 1xvolved in the performance of the conti
sought by such bidder or offeror; shall not discriminate agit
any business; employto. or applicant for employment because
Age, ethnicity; *race; creed;' color. religion; sex. natio
origin, handicap or Marital status;
(4.1 A statement of the 'extent to which
business enterprise has as an* or more of its partners'
principals persons who are Black; Hispania or Women. or is
Joint venture comprised of a non -minority and minority busine
and/or women -owned enterprise.
_
(3.9 A requirement that each bidder submit alo,
with the bid or proposal an Affirmative Action Plan (AAP). Ai:
significant equity participants; Joint venture participants
sub -contractors; suppliers or ether parties to the bid a
,...,.-.�1 shall also be required to submit such plaits.
A provision specifying the requirements fo.
continued bidder or offeror eligibility including minority ano
female involvement.
Section S. fidders or offerors shill be required to
denofistrate •a reasovaabte and good faith effort to solicit and
obtain the pirticipation of gvalified minority and women -owned
businesses in all bid and proposal documents.
i
$action 5. Except where federal - or state taw or
1
regulationi mandate to the contrary; the provisions of this
section will be applicable to all City of Miami, prebid, bid,
1
contract or other agreements •egatiated by the City:
1
Section 7. The Minority aad donee -business Affairs and
Procurement Program establisher herein shalt be in effect only
until such tint as the effects of prior vawerranted
discrjm.ination against Slacks; Hispanics and idomen have been
1
compensated for, at which time the goals and sat-a=ides•prcvided
for herein shall no longer be observed. Such need shall be
reviewed every two years by -the City Commission, upon the
I
recoamendation of the City Manager.
Section a. Ordinance No. 9775, the Minority Procurement
Program Ordinance of the City of Miami. Florida, is hereby
repealed. _ CJ
98
10062
9
Section 9. Should any part or provision of this ordinance
be�decl&red by a Court of competent jurisdiction to ba invalid.
sane shell not affect the validity of the Ordinanci as a whole.
PASSED' OH FIRST READING BY TITLE ONLY this 26t.h day of
ttovawbec 1985.
PASSED AND ADOPTED ON SECOND AND FINAL 'READING BY TITLE
ONLY this 19eh day of b*eawber 1985.
ATTEST%
• . y
All
City Clerk
PREPARED AND APPROVED BY:
0/ tr
Deputy City -Attorney
,APPROVED AS TO FORM AND CORRECTNESS: +
Aza
LUM X. UUUUHLX41.
City Attorney
AqJ/�pc/pb/ab/Qi56
1. curt of the cur 01 �.M. Fi-idg-
Rcrrt.? cvn;t, tkN .« 1%C.JZL a— --
A_ 0, 11 jj a (vtt. Nw aad &,rrftl , ) a ttti abmt
aaa .+4ep4n$ -dl-f" vaa r,4,cd w tb: S•.uth 13..1
.•1 ttW t.�k comalr town Il..+.e ►i th,t pt;►7t rn- 44
Iw p.nic:t and ray iu<a.+v. h; atoxi«.oF rfd c.y.. t.�
thr {.taN rru.+J:d u.:rcfo•r.
W1T •M oaa Atoal for VOMA wt ..r %!Sid
Gky IN;.
99
t
r
J-88-1153
1/12/69
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED
"FINANCE"; OF THE CODE OF THE CITY OF M7A-MI,
FLORIDA, AS -AMENDED, BY REDEFINING THE TERM
"MINORITY.AND WOMEN -OWNED BUSINESS ENTERPRISE
AND DEFINING THE TERM "VENDOR" IN.
SECTION 18-68; REQUIRING IN SECTION 18-72
THAT THE GOAL nF AWARDING AT LEAST FIFTY-ONE
PERCENT (51%) OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED
TO ALL CIT.° OF MIAMI BIDS AND CONTRACTS;
REVISING SECTION 18-73 TO PROVIDE THAT ALL
CITY OF MIAMI INVITATIONS, -REQUESTS AND/OR
ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES,
LETTERS OF INTEREST AND/OR QUALIFICATION
STATEMENTS CONTAIN THE. APPROVED
MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE)
PARTICIPATION REQUIREMENTS PURSUANT TO CITY
OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN
BUSINESS AFFAIRS AND PROCUREMENT PROGRAM;
REQUIRING THAT ALL RESULTING AWARD AND/OR
CONTRACT DOCUMENTS CONTAIN THE REQUIRED
COMPLIANCE FORMS RELATIVE THERETO; REVISING
SECTION 18-73(5) TO EXPAND • UPON THE
AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY
BIDS AND CONTRACTS; ADDING SECTION 18-76
AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO
ESTABLISH THE REQUIRED ADMINISTRATIVE
PROCEDURES TO INSURE COMPLIANCE WITH THE
CODE; FURTHER, PROVIDING FOR RESOLUTION OF
DISPUTES REGARDING• WITHHELD PAYMENTS OF
CONTRACTORS AND SUBCONTRACTORS AND FURTHER
ADDING SECTION 18-77 DESIGNATING THE DIRECTOR
OF THE OFFICE. OF M/WBE AFFAIRS AS THE CITY
OFFICIAL RESPONSIBLE FOR ESTABLISHING AND
IMPLEMENTING M/WBE BID AND CONTRACT
PARTICIPATION REQUIREMENTS, COMPLIANCE
GUIDELINES, AND MONITORING AND REPORTING
PROCEDURES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
' FF6 .I
3
&194
WHEREAS, Ordinance No. 10062 dealing with Minority/Women .
Business Affairs and Procurement established the annual goal of
procuring/contracting fifty-one percent (51%) with minority/women
owned and managed business enterprises; and
WHEREAS, Administrative Policy Manual 4-86 (Am 4-86),
issued October 1, 1986, provides for the administrative
implementation of Ordinance No. 10062; and
, WHEREAS, it has been determined that there is further need
for legislative relies to obtain said goals, particularly as it
100 9+6- 51
relates to the City's bid, proposal and contract process and the
resulting documents on a bid/contract by bid/contract basin to
achieve the annual goals;
NOW, THEREFORE, -BE IT ORDAINED BY THE COHH15510N OF THE CITY
OF MIAMI, FLORIDAt
Section 1. Section 18-68, is hereby amended in the
fallowing particulars.)
"Sec. 18-68. Definitions.
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have
the following meaningst
Minority women -owned nmall. business enterprise
and
means a business enterprise in which at least fifty-one
percent (51%) of said enterprise is owned by Blacks,
Hispanics or women whose management and daily business
operations are controlled by one or more Blacks,
Hispanics or Women end who eml2ls2y a maxim m: of twenty--
five (25)_ empls2yees or have a net worth not in excess
121 two million dollars.
Vendor means any business entity providing goods,
j�
services or equipment to the City of Miami through a
1�
purchase, field or blanket order or contract."
Section 2. Section 18-72(a)', is hereby amended by adding
the following languages
"(a) The objective of the City is to achieve a goal of
awarding a minimum of fifty-one percent (51%) of
the total annual dollar volume of all procurement
expenditures to Black, Hispanic and women -owned
small business enterprises to be apportioned as
follows$
Seventeen percent (171) to Blacks, seventeen
i
percent (17%) to Hispanics and seventeen percent
(17%) to women; such coal shall be applied to all
city bids and contracts.
Section 3. Section 18-73 is hereby amended by adding the
i
following languages
"Sec, 18-73, Recuired statements for gglici_t.ations or
notices: required statements on contracts
and awards.
e. "It shall 12e fhandato:-v f.or all City solicitations
or notices invitinc bids, oroocsals. gliotVj
n
t�
letters of interest and/or aua.l fication4, to
contain the approved reeuirements for M WB.
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchd
material. ::??
re
L
4
e_.CQmnI.IAnCe forms,
intQ the The city of Miami' , __Qf f JCR of
IA_
IV -- 1 1 !-i"ments
igns for the pur2gIC—aL-�=
inglUded. And again . • • the signing of
jgfijLLtj1 •contracts/bid • • • �Q: •
verifying compligince•
it shall be • •
and/or procurement award -documents to contain the
♦ ♦
(5) A requirement that each bidder, pronosgr, or
vendor, submit along with the bid or proposal an
affirmative action plan (AAP). Any significant
equity participants, joint venture participants,
subcontractors, suppliers or other parties to the
bid or proposal shall also be required to submit
such plans.
The objective of the City_j,st to require that
bids. 2 gposers and vendorg_ doing bus ni ess
with the City of e Certain actions
designed tp assure evuitable nar*irinatQn of
Blacks Higpanigr and Women in t eir, hiring and
�omotion a �Stie ___.In view of this obigct ve:
(11 All City yen —dogs and contractors shall
Imolgment specific affi.raniltiye action glans
wa approved by the Director of the Office
mlyID& ffairs and shall demonstrate _a wood
.faith effort to ensure evual emvlovr 13t
qppor +nittiiPs for Blacks, Big- anirs and Women
gngach pUrcha<e or contr=t Vendors and
fora shall document these efforts
fully and shall provide reports as may be
rreggired by t. e City.
hill In the event of vendors' or contractors'
iLllS . ipl n cce - with the affirmative action
requirements of this section the Citv
anaggr may suspend in whole or part cancel
Qr terminate the bid or contract award Qnd or
impose other s a ctions as may i2g determined
to be apprnVgiate
Section 4. The following new Section 18-76 is added in its
entirety:
'Sec. 18-76. Administrative Procedures.
The Departments of Finance, Public Works and General
Services Administration are authorized -to establish the
required administrative procedures to insure compliance
102 with the provisions as set forth herein. 9 6 — 5
A
9
U
1'
1
LI
The Finance Department is mandated to institute payment
procedures which will insure, in those instances in
which the M/WBE bid or contract requirements result in
contracts, subcontracts or joint ventures for M/WBEs,
that compensation provided pursuant thereto shall be in
the form of a check made payable to the, primary
contractor, bidder or proposer, and (if appropriated
jointly) to the minority/women business enterprise
subcontractor or joint venture partner in an amount not
to exceed the -subcontracted or joint venture amount,
based upon approved invoices submitted by the prime
contractor,•proposer or joint venture, to the City.
In the -event a dispute should arise as to the
performance. or payment of the primary contractor or
bidder/proposer or the M/W89, under the terms and
conditions of the City contract or procurement award
document, compensation shall be withheld until such
time as the dispute is resolved in accordance with the
procedures set forth in this Chapter for resolving such
disputes.
All Administrative Directors shall amend their existing
policies and procedures or to create such new ones as
may be required to insure and report on compliance with
all aspects of this article.'
Section 5. The following new Section 18-17.is added in its
entirety:
'Sec. 18-77, Designation of the Director of the Office
of Minority/women Business Affairs.
The Director. of the Office of Minority/Women Business
Affairs is designated as the official responsible for
establishing M/WBE bid end contract/award requirements,
creating and implementing. compliance guidelines,
monitoring compliance, resolving disputes, and
reporting on all of the above to the City Manager.`
Section 6. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance insofar as they
are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 7. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December , 19 88.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONL'
this 12th day of January 19 89•
HAVrY HIRAI
City Clerk
_d_
96-
�+ n
i
AND APPROVED BYf
(fPREPARED
LINDA K. KEARSO '
Assistant City Attorney '
APPROVED
AS TO FORM AND CORRECTNESSs
JOR E L. FERJ
IANDEZ
Citl Attorney
I
R
LKK/pb/bss/M424
,
,
N
104 95- 511
,PiPPENDIX F .
Source List
96- bit
106
APPENDIX L. SOURCE LIST
Department of Community Planning and Revitalization
by mail PO Box 330708
Miami, Florida 33233-0708
street address 444 SW Second Avenue - Third Floor
Miami, Florida 33130
telephone (305) 416-1400
facsimile (305) 416-2156
General Information or Clarifications - Copies of RFP -
Department of CPR (as above) or call Department of CPR (as above) or call
Dianne Johnson, Chief of Development Jeanette Garcia Real Estate Specialist
(305) 416-1426 (305) 416-1429
or Jeanette Garcia, Real Estate Specialist or Francoise Smith (305) 416-1430
(305) 416-1429
Substantive Questions Zoning Information
must be addressed in writing to Department of CPR (as above) or call
Jack Luft, Director Lourdes Slazyk, Asst. Director
Department of CPR (as above) (305) 416-1407
City Historic Preservation
Department of CPR (as above) or call
Sarah Eaton, Historic Preservation Officer
(305) 416-1409
Zoning Interpretations Adjacent Property Leases
Department of Building & Zoning Office of Asset Management
addresses above - 40 Floor addresses above - 3rd Floor
Juan Gonzalez, Zoning Official Eduardo Rodriguez, Director
(305) 416-1100 or -1178 (305) 416-1450
Existing Buildings, Construction Plan:
Department of Public Works
addresses above - 8th Floor
Allan Poms, Chief Designer
(305) 416-1245
Inspections of Property
Department of Public Facilities
Marinas Division
Raul de la Torre, marinas Manager
2640 S. Bayshore Sr.
Miami, FL. 33131
579-6980
City Improvements
Department of Public Works
Coastal Systems International
Allan Poms, Chief Designer as above
Harvey Sasso, PE, President
or
454 S. Dixie Highway
Coral Gables, FL. 33146
(305)661-3655
State Historic Preservation
Federal Historic Preservation
Florida Department of State
Department of the Interior
Bureau of Historic Preservation
National Park Service
R.A. Gray Building
Preservation Services Division
500 S. Bronough Street
Southeast Regional Office
Tallahassee, FL. 32399-0250
75 Spring Street SW - Room 1140
Attn.: David Ferro
Atlanta, GA. 30303
(940) 487-2333
(404) 331-2632
95- 511
DRI Information
Environmental Issues & Permitting
South Florida Regional Planning Council
Metropolitan Dade County
3430 Hollywood Blvd. - Suite 140
Department of Environmental Resources
Hollywood, FL. 33021
Management (DERM)
attn.: Julia Trevarthan
33 SW Second Avenue
in Dade & Palm Beach
Miami, FL. 33130-1540
(800) 985-4416
attn.: Craig Grossenbacker
in Broward (954) 985-4416
(305) 372-6789 or -6584
David O'Neal, Consultant
MRA International, Inc.
(public markets)
Michael Lawry
170 Spring Lane
3600 Market Street - Suite 501
Philadelphia, PA. 19128
Philadelphia, PA. 19104
(215) 482-5130
(215) 772-9713
Historical Association of South Florida
Shake -A -Leg Miami, Inc.
Randy Nimnick, President
Harry Horgan
101 W. Flagler Street
2600 S. Bayshore Drive
Miami, Florida 33130-1538
Miami, Florida 33133
(305) 375-1492
(305) 858-5550
Miami Museum of Science & Space Transit
Planetarium
Russell Etling, Executive Director
3280 S. Miami Avenue
Miami, Florida 33129
(305)285-5801
96- 511
EXHIBIT I.
Sketch of Survey PRIMARY PROPERTY
(includes Legal Description)
108 96- 511
14D.ARY SURVEY
KEY MARINA 1995 LEASE AREA
MIAMI MARINE STADIUM LAGOON �
EDGE OF SEA WALL
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EXHIBIT II.
Declaration and, Professional Information
Forms
110 96- 511
Cesar H. Odio
City Manager
City of Miami, Florida
DECLARATION
Submitted 1996
The undersigned, as proposer, declares that the only person interested in this proposal are named
herein, that no other person has any interest in this proposal or in the agreement of lease to which
the proposal pertains, that this proposal is made without connection nor agreement with any other
person and that this proposal is in every respect fair, in good faith, and without collusion or
fraud.
The proposer further declares that he/she has complied in every respect with all of the
instructions to proposers, that he/she has read all addenda, if any, and that he/she has satisfied
him/herself fully with regard to all matters and conditions with respect to the lease to which the
proposal pertains.
The proposer agrees, if this proposal is accepted, to execute an appropriate lease agreement for
the purpose of establishing a formal contractual relationship between the proposer and the City of
Miami, Florida, for the performance of all requirements to which this proposal pertains.
The proposer states that this proposal is based upon the proposal documents issued May 31,
1996, entitled "Request For Unified Development Proposals for the Dinner Key Waterfront
Redevelopment, 2640 South Bayshore Drive, Miami, Florida" and addenda, if any.
Signature
Title
Name of Firm, Individual or Corporation
Signature
Title
Address
Telephone
95- 511
ill
CONSULTANT'S PROFESSIONAL INFORMATION FORM
This form is to be completed by each consultant or subconsultant to the Proposing Entity.
I SECTION A.
Name:
Address:
Telephone : Facsimile
Professional Registration Number:
Name of principals and their titles who will be chiefly responsible for the design and engineering
of the project.
Name
Name
Title Title
SECTION B. I
SURETY INFORMATION
Has any surety or bonding company ever been required to perform upon your default?
Yes ( ) No ( )
If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the
circumstances surrounding said default and performance.
I SECTION C.
BANKRUPTCY INFORMATION
Have you ever declared bankruptcy?
Have you ever been declared bankruptcy?
Yes ( ) No { )
Yes ( ) No { )
Consultant Name:
PROPOSER NAME:
PAGE l
11z 95-- 51,
If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and
amount of assets.
SECTION D.
PENDING LITIGATION
Provide here and/or on attached sheets detailed information regarding pending litigation, liens, or
claims involving any participant in the proposal.
SECTION E.
REFERENCES: List three persons or firms for whom you have completed projects during the
past three years.
Reference No. 1
Name:
Firm:
Title:
Consultant Name:
PROPOSER NAME:
PAGE 2
96- 511
11
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 3
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Consultant Name:
PROPOSER NAME:
PAGE 3
114 96- 511
PROPOSER'S PROFESSIONAL INFORMATION FORM
This form is to be completed by the Proposing (Development) Entity (the legal entity:
corporation, joint venture, partnership, one or more individuals, that will enter into the leasehold
agreement with the City) and each joint venture partner, principal or major stockholder to that
entity, if applicable.
SECTION A.
Name:
Address:
Telephone :
Facsimile:
Name of principals and their titles who will be chiefly responsible for the planning and
management of the project:
Name
Name
Title Title
Proposer is a: [ ] Sole Proprietorship [ ] Corporation
[ ] Partnership [ ] Other
If Proposer is a Sole proprietorship stop here.
SECTION B.
If proposer is a partnership, answer the following:
1. Date of organization
2. General Partnership ( )
Limited Partnership ( )
3. Statement of Partnership recorded Yes( ) No ( )
Date Book Page County State
PROPOSER NAME:
page 1 115
4. Has the partnership done business in the State of Florida?
Yes ( ) No ( ) When?
Where:
5. Name address, and partnership share of each general and limited partner.
General or Limited NAME ADDRESS SHARE
6. Attach a complete copy of the Partnership Agreement.
SECTION C.
If proposer is incorporated, answer the following:
1. Is the corporation authorized to do business in Florida?
Yes( ) No( )
2. The corporation is held: Publicly( ) Privately( )
3. If publicly held, how and where is the stock traded?
4. List the following:
AUTHORIZED
ISSUED
OUTSTANDING
Number of voting shares
Number of nonvoting
shares
PROPOSER NAME:
116 y 5 _ S page511
Number of shareholders
Value per share of
Common Stock/PAR
BOOK
Market
5. Furnish the name, title, address and the number of voting and nonvoting shares of stock
held by each officer, director and shareholder owning more than 5% of any class of stock.
If more than 5% of any class of stock is held by a corporations, then each owner -
corporation must also complete separate pages (type corporation name on said pages for
identification purposes.) and furnish the required financial statement for each.
If said owner -corporations are owned by other corporations, then these other corporations
must also complete separate pages (type corporation name on said pages for identification
purposes) and furnish the audited financial statement required on each page. The City
requires information on all corporations that directly or indirectly have an ownership
interest in the proposer -corporation.
6. If an individual or corporation will be guaranteeing performance of the Proposing Entity,
state name here :
If a corporation, provide name of corporation on corresponding pages for identification
purposes and furnish audited financial statement(s) as required.
SECTION D.
Surety Information Has any surety or bonding company ever been required to perform upon
your default?
Yes( ) No( )
If yes, attach a statement naming the surety or bonding company, date, amount of bond. and the
circumstances surrounding said default and performance.
SECTION E.
Bankruptcy Information: Has company ever declared bankruptcy? Yes( ) No( )
Have you ever been declared bankrupt? Yes( ) No( )
PROPOSER NAME:
page 3 11 .
96- 511
If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and
amount of assets.
SECTION F.
Pending Litigation
Provide here and/or on attached sheets detailed information regarding pending litigation, liens, or
claims involving any participant in the proposal.
SECTION G.
References
List four persons or firms with whom you have conducted business transactions during the past
three years. At least two of the references named are to have knowledge of your debt payment
history. At least one reference must be a financial institution.
Reference No. l
Name:
Firm:
Title:
PROPOSER NAME:
118
page 4
96- 511
Address:
Telephone: (_j
Nature and magnitude of business association, purchase, sale or loan:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association, purchase, sale or loan:
Reference No. 3
Name:
Firm:
Title:
Address:
Telephone: (^)
Nature and magnitude of business association, purchase, sale or loan:
Reference No. 4
Name:
Firm:
Title:
PROPOSER NAME:
page 5 119
96- 511
Address:
Telephone:
Nature and magnitude of business association, purchase, sale or loan:
Reference No. 5
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association, purchase, sale or loan:
Reference No. 6
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association, purchase, sale or loan:
PROPOSER NAME:
120
96- 511
page 6
Option Form
This form should be completed and attached with the proposal
j submission. Check one of the boxes below.
Yes, The OPTION PROPERTY will be of interest.
No, The OPTION PROPERTY will not be of interest.
This form is not for the option of the Option Property, only to express an
jinterest in negotiating an option at the time of lease negotiations if your
submission is the successful proposal.
SECTION A.
Name:
Address:
Telephone
Facsimile:
Company:
Notary
Signature
Date
Signature
Title
Date
NOTARY
SEAL
96- 511
ividu EXHIBIT IIIe
Minority Participation Forms; Office
Location Affidavit
122 95- 511
AFFIRMATIVE ACTION POLICY
FOR
EQUAL EMPLOYMENT OPPORTUNITY
POLICY STATEMENT
It is the policy of (Company Name) to base its h
and promotions on merit, qualifications and competency and that its personnel practices wil
influenced and that its employee's race, color, place of birth, religion, national origin, sex,
marital status, veteran and handicapped status.
One of the management duties of all principals at
(Company Name) is to ensure that the following personnel practices are being satisfied:
1. Take every necessary affirmative action to attract and retain qualified employees, regan
of race, color, place of birth, religion, national origin, sex, age, marital status, veteran
handicapped status.
2. Maintain equitable principles in the recruitment, hiring, training, compensation
promotion of employees.
3. Monitor and review personnel practices to guarantee that equal opportunities are b
provided to all employees, regardless of race, color, place of birth, religion, national or
sex, age, marital status, veteran and handicapped status.
(Company Name) is committed to take affirmative action
aggressively pursue activities that will serve to enable all employees and applicants opporbu
available throughout -this organization.
Clearly, the above actions cannot be accomplished as a secondary duty for any indiv
despite the full support of management. And so, to monitor our ei
(Company Name) has assigned one of its principals
Affirmative Action Director to monitor all activities of this program.
Employees may contact (Name of assigned principal) at (telephone number) regardin
Affirmative Action Policy.
Date
Signature
Title
Company:
9s-
EXHIBIT B
INFORMATION SHEET
MINORITY/WOMEN CLASSIFICATION AND PARTICIPATION
1. Indicate MINORITY CLASSIFICATION OF BUSINESS ENTERPRISE
(SUBMITTER):
( )Black ( )Hispanic ( )Women ( )Other (Non-
Minority/Female)
2. Detail MINORITY/WOMEN PARTICIPATION within your firm,
or as it may apply to the Submission, if awarded:
A. Joint Venture: Provide information regarding Minority/Women firm
participation as such, and the extent of participation.
Firm Name/Address
Gender/Ethnicity % of Service
B. SUBCONTRACTORS: Provide information regarding
Minority/Women firms that will be subcontractors for this Service, and their extent
of the work.
Firm Name/Address Gender/Ethnicity % of Service
C. SUPPLIERS: Provide information regarding Minority/Women firms
that will supply you with goods or services for this Service.
Firm Name/Address Gender/Ethnicity % of Service
D. AFFIRMATIVE ACTION PROGRAM POLICY
If existing, date implemented (include a copy of your policy in the Submission):
124 96- 511
If planned, date of proposed implementation:
PROPOSER:
SIGNATURE:
FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY
DISQUALIFY THIS PROPOSAL.
Total Number of Employees:
NUMBER
PERCENTAGE
Anglo: Male
Female
Black: Male
Female
Hispanic:
Male
Female
Other: Male
Female
96-- 511
126
rad%. I'I' IV
Sketch of Survey OPTION PROPERTY
96- 511
BOUNDARY SURVEY
LOCATION MAP SCALE 1-300'
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