HomeMy WebLinkAboutR-95-0281J-95-355
4/27/95
RESOLUTION NO.
9r,_ 281
A RESOLUTION, WITH ATTACHMENT, RESCINDING THE
REQUEST FOR PROPOSALS ("RFP") FOR THE MIAMI
MARINE STADIUM ISSUED ON FEBRUARY 28, 1995,
PURSUANT TO RESOLUTION NO. 95-82, ADOPTED
FEBRUARY 9, 1995; AUTHORIZING THE ISSUANCE OF
AN RFP ON MAY 3, 1995, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR A UNIFIED DEVELOPMENT
PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT
OF THE MIAMI MARINE STADIUM AND ANCILLARY
MARINE RELATED RECREATIONAL AND RETAIL
FACILITIES ON APPROXIMATELY 18 ACRES OF
CITY -OWNED WATERFRONT PROPERTY LOCATED AT
3601 RICKENBACKER CAUSEWAY, VIRGINIA KEY,
MIAMI, FLORIDA, AS REQUIRED BY CITY CHARTER,
SECTION 29A(c) AND CODE SECTION 18-52.9.
WHEREAS, the City of Miami Charter Section 29A(c) allows for
Unified Development Projects ("UDP") where an interest in real
property is owned or is to be acquired by the City and is to be
used for development improvements; and
WHEREAS, on July 26, 1994, pursuant to Resolution No.
94-570, the City Commission determined that the development of
the Miami Marine Stadium and ancillary marine related
recreational and retail facilities on approximately 18 acres of
City -owned waterfront property, located at 3601 Rickenbacker
Causeway, Virginia Key, Miami, Florida, would best be
accomplished using the UDP process; and
WHEREAS, pursuant to the aforementioned Resolution, it was
determined that said UDP for the Miami Marine Stadium and
A T T A CH � EINT (5)
CITY COMMISSION
MEETING OF
APR 2 7 1995
Resolution No.
95- 281
ancillary marine related recreational and retail facilities,
shall consist of an integrated package from the private sector
that includes planning, design, construction, leasing and
management of the proposed improvements; and
WHEREAS, Resolution No. 94-570 further authorized the City
Manager to prepared a Request For Proposals ("RFP"); and
WHEREAS, at a public hearing held on February 9, 1995, the
contents of the RFP were considered and Resolution No. 95-82 was
adopted by the City Commission, authorizing the issuance of said
RFP on February 28, 1995; and
WHEREAS, subsequent to said issuance, it was determined that
modifications to the RFP were required to more appropriately
address current financial market conditions and other
considerations, and such modification have been deemed to be
substantive in nature by the City Attorney; and
WHEREAS, the City Attorney recommends that for the
implementation of such modifications, the current RFP be
rescinded, and a new RFP be issued; and
WHEREAS, the City Charter requires a public hearing be held
to take testimony regarding the contents of the RFP and therefore
a duly advertised public hearing is being held on this date for
said purpose; and
WHEREAS, City Charter, Section 29A(c) additionally requires,
at the conclusion of the public hearing, if the City Commission
is disposed to proceed, authorization for the issuance of an RFP,
selection.of a certified public accounting firm, and appointment
of members to a review committee consisting of an appropriate
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95- 281
number of City officials or employees and an equal number plus
one of members of the public, whose names shall be recommended by
the City Manager; and
WHEREAS, the appointment of members to a review committee
and selection of a certified public accounting firm will be made
at a later date by the City Commission;
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 Request for Proposals ("RFP"), issued on
February 28, 1995, pursuant to Resolution No. 95-82, adopted
February 9, 1995, for the development of the Miami Marine Stadium
and ancillary marine related recreational and retail facilities
on Virginia Key is hereby rescinded in its entirety.
Section 3. The City Manager is hereby authorized to
issue an RFP on May 3, 1995, in substantially the attached form,
for the Unified Development of the Miami Marine Stadium and
ancillary marine related recreational and retail facilities on
approximately 18 acres of City -owned waterfront property located
at 3601 Rickenbacker Causeway, Virginia Key, Miami, Florida.
Section 4. This Resolution shall become effective
immediately upon its adoption.
=3- 95- 281
PASSED AND ADOPTED this 27th day of April, 1995.
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
L ND -K. KEARSON
ASSISTANT CITY ATTORNEY
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904.1�
STEE41EN P. CLA K, MAYOR
APPROVED AS TO FORM
AND CORRECTNES: ,
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95— 281
ATTACHMENT (Rpp)
IN SEPARATE FOLDER
WITH BACKUP PAPERS
95- 281
TO : Honorable Mayor and Members
of the City Commission
Ces
FROM : City er
RECOMMENDATION:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : APR 18 1995 FILE
Resolution Authorizing Issuance of
SUBJECT :RFP for Miami Marine Stadium
Property UDP
for City Commission
REFERENCES: Meeting of 4/27/95
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution,
rescinding an RFP for the Miami Marine Stadium issued on February 28, 1995, pursuant to
Resolution No. 95-82, further authorizing the issuance of a Request For Proposals ("RFP") on
May 3, 1995, in substantially the form attached, for a Unified Development Project ("UDP")
consisting of the development of the Miami Marine Stadium and ancillary marine related
recreational and retail facilities .on approximately 18 acres of City -owned waterfront property
located at 3601 Rickenbacker Causeway, Virginia Key, Miami, Florida; selecting a certified
public accounting firm and appointing members to a review committee to evaluate proposals and
report findings to the City Manager as required by the City Charter and Code for Unified
Development Projects, and further authorizing the City Manager to negotiate and execute an
agreement, in a form acceptable to the City Attorney, with the selected CPA firm.
BACKGROUND:
The Department of Development recommends that the City Commission adopt the attached
Resolution in order to implement the UDP process for the development of the aforementioned
City -owned property.
On July 26, 1994, by Resolution No. 94-570, the City Commission declared the development of
the Miami Marine Stadium and ancillary marine related recreational and retail facilities on
approximately 18 acres of City -owned waterfront property, Miami, Florida, a UDP as required
by City Charter Section 29-A(c) and City Code Section 18.52.9.
Pursuant to Resolution No. 95-82, an RFP was issued on February 28, 1995 for the development
of the Miami Marine Stadium. Subsequent to said issuance, it was determined that modifications
to the RFP were required to more appropriately address current financial market conditions and
other considerations, and such modifications have been deemed to be substantive in nature by the
City Attorney. The City Attorney has therefore recommended that the existing RFP be rescinded
and a new RFP be issued reflecting said modifications.
95- 281
I:.
s Honorable Mayor and Members
of the City Commission
Page: 2
The modifications to the RFP as authorized on February 9, 1995 are attached hereto with the
deleted provisions struelfr thr-o and the new provisions underlined.
In accordance with City of Miami Charter Section 29-A(c) and City Code Section 18.52.9, a
public hearing has been scheduled for April 27, 1995 to take testimony regarding the contents of
the RFP, authorize its issuance, select a certified public accounting firm and appoint members to
a review committee consisting of an appropriate number of City Officials or employees and an
equal number plus one of the public, whose names shall be recommended by the City Manager.
A competitive selection procedure was initiated by the Department of Development which
solicited proposals for evaluation services from minority CPA firm's certified by the City of
Miami. A Proposal was received and evaluated according to an established criteria and value
point system. The recommended firm is Freeman, Dawson and Associates, P.A., a woman -
owned business entity fully certified with the City's Office of Minority and Women Business
Affairs, and located within the City of Miami at 3250 Mary Street, Miami, 33133.
Furthermore, the following individuals are recommended for appointment to the review
committee for this UDP Project:
Members of the Public
- Tad Templeton
- Teresa Benach, Waterfront Advisory Board
- Joseph Corral, Asset Management Board
(nominated by Mayor Clark)
(nominated by Vice Mayor Plummer)
(nominated by Commissioner DeYurre)
(nominated by Commissioner Dawkins)
(nominated by Commissioner Gort)
Members of the City
- Charlene Adelman, Asset Management and Capital Improvements
- Maria Perez, Department of Development and Housing Conservation
- Phil Luney, Department of Finance
- Terry Buice, Conferences and Conventions
Attachment:
Proposed Resolution
Draft RFP
95-- 281
fle,
OTY OF MIAMI. FLORIDA
INTER -OFFICE MEMORAMOUM
Matty Hirai a,T , April 12, 1995 MLE ;
City Ulerk
Request for Advertiwnent
Public Hearing
for UDP Process
FROM : Herbert J. Bailey FERENCES
Assistant City Mtuual;er:���
Department of Develop
The Department of Development request that your Office have published the attached
"Notice of Public Hearing" for the Mega Yacht, Marine Stadium, and Virginia Key
Campground UDP's. The advertisement nottlies the public regarding the public hearing
scheduled for April 27, 1995 at 10:00 a.m. for these UDP's. Please charge the cost of the
advertisement to account nutuber #590101-287. 'l'hank you far your prompt attention and
cooperation in this matter.
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CITY OF MIAM19 FLORIDA
NOTICE OF PU R ,rC TWARING
A PUBLIC HEARING HAS SEEN SCHEDULED FOR THE
CITY COMMISSION MEETING OF APRiL 279 1999 AT
10:00 A.M. TO TARE TESTIMONY REGARDING THE
CONTENTS OF THE DRAFT RFP FOR THE
DEVELOPMENT OF THE MIAMI MARINE STADIUM
AND RELATED MAIUNE AND RECREATIONAL USES ON
CITY -OWNED WATERFRONT PROPERTY LOCATED AT
VIRGINIA KEY. AT THE CONCLUSION OF THE PUBLIC
HEARING, THE CITY COMMISSION WILL CONSIDER
AUTHORIZING 11E ISSUANCE OF THE RFP, THE
APPOINTMENT OF 1VIEMBER., TO A REVIEW
COMMITTEE AND THE SELECTION OF A CPA FIRM TO
EVALUATE PROPOSALS RECEIVED IN RESPONSE TO
THE RFP.
All interested particlr may appear at the uecetin to' be held at
tiee time and Itlace .specified aGuve. Should any person desire
to al IX841 any 111164 lnl Of the City Contimlr%ion Witte respect to
any mutter to be euusidWrGd at 1,116 heae-ing, That p9e10ee 8lkAJ1
ensure that u vcl•batiue record of tlee proceedings is made
including all testimmly and evideuce upon which any appeal
may be based.
MATTY I11RAI
CITY CLERK
CITY OIL M'IAMI, FLORIDA
95- 281
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REQUEST FOR
UNIFIED DEVELOPMENT PROPOSALS
FOR
MIAMI MARINE STADIUIVI
VIRGINIA KEY
MIAMI, FLORIDA
ISSUED: May 3, 1995
CITY OF MIAMI
Stephen P. Clark, Mayor
J.L. Plummer, Jr., Vice Mayor
Victor H. De Yurre, Commissioner
Wifredo (Willy) Gort, Commissioner
Miller J. Dawkins, Commissioner
Cesar H. Odio, City Manager
A. Quinn -Jones III., City Attorney
Prepared by:
Department of Development & Housing Conservation
Development Division
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 579-3366
Proposals Due: 2:00 p.m. Tuesday, August 3, 1995
95- 281
I
'7 C. Site Description
As shown in Figure 3. "Site Location," the Property is bordered on the south by Rickenbacker
Causeway, on the west by the Virginia Key Boatyard, on the east by the Miami Rowing Club and
on the north by the Marine Stadium Basin.
The total acreage of the Property is 18.33 acres, the legal description of which is shown on the
Sketch of Survey included as Exhibit 1.
Existing Facilities:
i
A 6600 seat stadium constructed in 1963 of cast -in -place reinforced concrete including
I bathrooms, concessions, dressing rooms and press box facilities.
A barge, approximately 140 ft x 50 ft in size, that serves as a movable stage with a canopy for
conducting concerts or special events requiring covered stage facilities immediately in front of
the stadium grandstands.
A surface parking lot of approximately 900 parking spaces with additional unimproved land area
sufficient to accomodate 1500+ spaces as orginally designed in 1963.
1600+ lineal feet of shoreline access to the 200 acre (submerged) Marine Stadium basin.
Facility -History
Miami Marine Stadium was built in 1963 on lands deeded to the City of Miami by Dade County
expressly for the development of the 200 acre partially enclosed basin and 6600 seat grandstand.
The basin was excavated from the bay bottom to an average depth of 8 feet and the spoil material
placed along the north edge of the basin to create the protected waters needed for boating
activities. The facility was projected to become a major center for hydroplane racing and water
sports and was christened the "Commodore Ralph Monroe Marine Stadium" in honor of a
prominent early pioneer settler who designed and built shallow draft vessels suitable for sailing
in Biscayne Bay.
The facility subsequently became adapted to extensive use as an "amphitheater" for concerts and
special events that could enjoy the unique dimension of spectator viewing from boats moored
around the floating stage in addition to the seated audience in the grandstands. In recent years,
the use of the facility for power boat racing has declined with concerts becoming the principal
use. Major rowing regattas have, on occasion, been staged in the basin with a more regular use
of the basin waters for recreational rowing, local rowing competitions and general ad hoc
recreational sailing, water skiing and jet ski activities. Figures 4-1. 4-2 & 4-3 are aerial photos of
Marine Stadium taken on November 10, 1994.
4
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95- 281
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1VJLIA XtI MAIt.I-NE STADIUM View West towards Downtown Miami
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The grandstand facility has been closed to public use since Hurricane Andrew struck in August
of 1992. The roof structure and pilings supporting the grandstand are sufficiently damaged and
deteriorated as to render the facility, in its present condition, unsafe for public occupancy. A
j condition appraisal and structural review of the roof structure was conducted in May of
1993 and is available upon request. Two weeks prior to Hurricane Andrew, the City had
received bids from contractors for structural repairs to Marine Stadium. The original bid
specifications and summary of bid prices received are available upon request. No action has
since been taken regarding any repair of the facility pending the outcome of this RFP.
A complete set of original construction plans for the Stadium structure and site parking
layout can be obtained from the City of Miami Public Works Department at 275 NW 2nd
Street, Miami, Florida. Phone 579-6885 (Survey Section).
Environmental Conditions:
The natural environment of Virginia Key includes diverse ecosystems that support large numbers
and types of wildlife. A Critical Wildlife Area established by the State of Florida on the west
side of the island, immediately north of the stadium basin in Biscayne Bay, supports migratory
birds and waterfowl that are comparable in diversity to those found in Everglades National Park
and is a designated manatee preserve.
The upland site comprising the Stadium site and parking areas is, however, man-made land from
fill material orginally placed as part of the construction of Rickenbacker Causeway in 1949. No
environmentally sensitive conditions exist within the 1S acre upland site.
On May 23, 1994 the Dade County Department of Environmental Resource Management
conducted a biological assessment of the Marine Stadium Basin submerged lands in the vicinity
of the grandstand structure and is included in Appendix IV, Biological Assessment. No
1 significant baybottom benthic communities were identified except for small areas near the
northerly and southerly corners of the grandstand structure.
Existing Utilities:
The site and stadium structure is currently served by water, sanitary sewer, electric, and
telephone utilities. The accompanying map, Figure 5. Utilities provides a general schematic
l layout of utility lines serving the site. Underground sheets are available from the City Public
Works Department providing detailed plans of all underground utility installations.
Adjacent Uses
1 The stadium is bordered to the west by a complex of marina and dry -rack storage boatyards and
the Rusty Pelican restaurant.
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95- 281
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41
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East of the Property is the Miami Rowing Club and the recently developed Dade County Marine
Science and Technology (MAST) High School.
The Seaquarium, a 30 acre marine entertainment park, lies one half mile to the southeast on the
south side of Rickenbacker Causeway.
The Property and facilities will be open for inspection to prospective proposers by appointment
only. Contact Eduardo Rodriguez, Director of Asset and Grants Management, at telephone (305)
a 372-4640 for an appointment.
D. Appraised Value
City Charter Section 29-B prohibits the City Commission from favorably considering any sale or
lease of property owned by the City unless there is a return to the City of fair market value under
such proposed sale or lease.
i
The first appraisal of the Property, conducted on October 5, 1994, resulted in the following: an
estimated market value !2f S3.610.000 and a recommended annual minimum guaranteed base
rent ofS220 000 (plus real estate taxed or 8 5% of gLoss revenues whichever is greater.
The second appraisal
of the Property,
conducted on
December 20, 1994, resulted in the
following: an estimated
market value
at $4 982 000
and a recommended annual minimum
guaranteed base rent of
$345 000 or 12%
o,fgross revenues
whichever is greater.
The appraisals are available for public inspection by appointment only. Contact Eduardo
Rodriguez, Director of Asset Management for an appointment at 372-4640.
E. LeaNe Term
The City will enter into a lease agreement with the selected proposer for the development of the
Property described herein for a maximum term of up to thirty (30) years. Proposals for shorter
lease terms are preferable.
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F. Financial Return to the City
Minimum annual lease payments shall be the greater of S220, 000 (which may be adjusted
annually subject to Consumer Price Index increases over the lease term) OR the combined
minimum percentages of gross revenues as follows: 10% of gross stadium revenues including
commercial sublease revenues, and 7% of gross prepared food and beverage and retail
revenues.
Proposers are advised that the aforementioned base rent amount and percentage of gross are the
minimum required for proposal submissions and will be subject to negotiated increases in the
final lease terms, depending on the extent and quality of improvements proposed.
G. Taxes
Excerpt from City Charter Section 29-A, subparagraph (E) 2: "All persons contracting with the
City under this section shall be obligated to pay whichever 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."
Estimated Current Ad Valorem Taxes
Assuming an estimated appraised land value of $2,550,000 (see section Il. D. Appraised Value),
i and an estimated project improvement cost of $4,750,000, the total assessed value (land and
improvements) would be estimated at $5,840,000 (80 percent of total estimated appraised value].
The resulting estimated annual property tax, based on a 1994 millage rate of 31.1095, would be
$181,679.
The above estimates are for illustrative purposes only. Ad valorem taxes, if assessed, will
depend on the value of the proposed improvements.
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95- 281
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ANNEXALTION
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November. I1, 1994
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H. Z&ning
Pursuant to City of Miami Zoning Code, the Property is zoned C-1, Restricted Commercial, for a
depth of 60' from the shoreline for the full width of the Property, as shown on Figure 6, Zonina,
! with the balance of the Property to be zoned G/1, Goverrunent and Institutional. Only the C-1
zoning district is currently in place and subsequent to the November 11, 1994 annexation of the
Property by the City, as shown on Figure 7. ProneM Annexation, amendments to the City
Master Plan and Zoning Atlas are currently in process to establish the G/I district for the annexed
area.
Within the area zoned C-1, it is the City's intent to permit recreational rental concessions, retail
services related to marine recreation and water sports, food services and marine recreational
facilities.
The G/I District applys to the parking area and the site of the stadium structure and permits
governmental facilities and spectator structures such as Marine Stadium.
All prospective proposers must ensure that their proposed development complies with all
applicable zoning laws. For details of allowable uses and applicable requirements of the C-1 and
G/I zoning districts, refer to the City of Miami Planning, Building and Zoning Department at 275
N.W. 2nd Street or phone 579-6086.
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I. 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 and provides 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 in accordance with the guidelines set
forth herein in Section VI.A.
j 3. Evaluation of responsive proposals by a Certified Public Accounting firm in accordance with
i criteria specified herein 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,
I 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.
8. City Commission authorization to negotiate lease agreement with the selected proposer whose
+ proposal is determined most advantageous to the City by the City Commission.
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 right, title or interest in the Property until
such time as a lease agreement is executed.)
11. Execution of lease agreement between the City and the selected proposer.
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95- 281
J. Unified Development Schedule (Anticipated)
Issuance of the RFP:
Wednesday, May 3, 1995
Proposal Pre -Submission Conference:
Tuesday, June 6, 1995
Location: Dept. of Development
10:00 a.m.
300 Biscayne Blvd. Way
Suite 400
Miami, Florida
Proposal Submission Deadline:
Thursday, August 3, 1995
Location: Office of the City Clerk
2:00 p.m.
(First Floor Counter)
Miami City Hall
3500 Pan American Drive
Dinner Key
Miami, Florida
Initial Review of Proposals:
August 1995
Review Committee Meeting for Instructions:
August 1995
Review Committee Meeting(s): CPA Firm Presentation
of its Findings to the Committee & Interviews
with Qualified Proposers
August 1995
Recommendation from the Review Committee
and CPA Firm to the City Manager
September 1995
Recommendation from the City Manager to the
City Commission for Selectionof One or More
Proposals (and Authorization to proceed with
Lease Negotiations)or Rejection of all Proposals
September, 1995
Begin Lease Negotiations with Selected Proposer
October, 1995
Authorization to Execute Negotiated Lease
from City Commission
November, 1995
to
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III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS
In accordance with City Charter Section 29-A(c) and City Code Section 18-52.9, incorporated
herein by reference and included in Appendix A, the legal requirements for UDPs include:
A. Declaration as a UDP
The City Commission determined and declared by Resolution that for the development of
i 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
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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.
! On July 26, 1994, the City Commission adopted Resolution No. 94-571 declaring that the most
advantageous method to develop certain improvements on the Property is by a UDP process that
I 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.
'r 2. Selected proposer
The selected proposer is required to provide adequate equity and debt capital to finance all
aspects of the proposed Unified Development of the Property. The selected proposer is required
to provide the City with a minimum guaranteed annual rent as specified in section II. F. Financial
Return to the City. Upon execution of the lease agreement, the selected proposer shall reimburse
the City for any and all direct costs incurred in evaluating all proposal submissions, including but
not limited to: appraisal fees, the professional services of the certified public accounting firm
selected by the City Commission, and all advertising and printing related to this UDP as well as
any costs incurred by the City in relation to the permitting process. (Refer to Section IV.D.). The
City shall deposit in local banking institutions all monies collected as a result of this UDP/RFP.
Upon execution of the lease agreement, the selected proposer shall be required to furnish the City
with a Performance and Payment Bond in the amount equal to the total estimated cost of the
PROJECT improvements, but not less than $1,000,000 as stated in section IV.E. of this RFP. In
addition, upon 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 negotiated minimum
rent.
95- 281
Submission of the proposal shall include an Irrevocable Letter of Credit in the amount of
$100,000. The Letter of Credit shall be subject to the review of the City's Finance Director and
the Director of the Office of Asset Management and Capital Improvements.
C. Commitment of Propea
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 its 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, etc., desired or necessary to submit a proposal shall be at
the sole expense of the prospective proposer. Reports regarding the Property, including appraisal
reports, and environmental assessments that the City may have in its possession are available as
t public records and may be obtained from the Department of Development at 300 Biscayne
j Boulevard, Suite 400, Dupont Plaza Center, Miami, Florida.
The City will enter into a lease agreement for the Property with the selected proposer. (Refer to
Section II.E.) The term of the lease agreement to be entered into between the selected proposer
and the City shall be a maximum of twenty (20) years with two (2) five (5) year renewals at the
CITY's option and subject to renegotiated terms. 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 Material
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.
The City possesses a substantial amount of clean fill material suitable for elevating proposed site
improvements that is available on Virginia Key within two miles of the Property. Subject to the
design and development requirements of the selected proposal and negotiation of the terms and
conditions of the lease, the City will make available, subject to the negotiated lease terms, such
fill as may be reasonably needed to accomplish the Project improvements.
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E. Execution of Contracts
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
i any vested rights, nor title or interest in the Property or to development propsed thereon, until
such time as the leasehold agreement is executed.
F. Right of Termination
In addition to any other right of termination available, any substantial increase in the City's
committment of funds, property, or services, or any material alteration of any contract awarded
for UDP's shall entitle the City Commission to terminate the contract 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. The City shall have no liability with regard
to its exercise of such right and the selected proposer shall bear all of its own costs with respect
thereto.
As required by 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 committment of funds, property and/or
i services and "material alteration" shall be defined as failure to comply with all respects of the
proposal except as specifically permitted in writing by the City Manager.
IV. PROPOSAL DEVELOPMENT REQUIREMENTS
Respondents to this RFP are advised that the following factors must be addressed in the
proposals and will be critically evaluated. Additionally, proposals shall include a market
analysis of all development components to assess the economic feasibility of the proposed
development.
r A. Development Obiective
' The City is seeking proposals for the design, construction and management of a spectator
stadium for the staging of marine oriented events and concerts, principally within the adjacent
200 acre Marine Stadium basin. The City will accept proposals for the renovation of the existing
6600 seat stadium or its demolition and replacement with a comparable facility. The primary
objective is to establish a modern spectator facility that will support an active program of events
and activities that fully utilize the recreational potential of the 200 acre semi -enclosed body of
water referred to as the stadium basin.
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The City posesses, in the stadium basin, a unique water environment especially suited to the
conduct of water sports, marine recreation activities, boating, water shows and concerts and
special stage events that can be viewed as well from private water craft anchored near the
stadium facility. Due to contemporary environmental laws regulating the dredging and
excavation of Biscayne Bay submerged lands, the basin can never be duplicated and exists as a
one -of -a -kind opportunity for providing a variety of marine sports, recreational activities and
`? programs. Marine Stadium is the essential and primary facility required to achieve that
objective.
There are, however, additional site opportunities for the development of facilities that can
contribute to the active use of the basin including shoreline berm seating, rental concessions,
water sports training facilities, restaurant and food services ancillary to the Stadium and
bike/jogging/hiking paths around the basin with shoreline picnic and rest shelters or cabanas
around the basin.
Aesthetics of the development will be an important consideration in the evaluation of proposals.
The City expects the improvements to respect and enhance the local environment and be
responsive to the waterfront setting.
B. Use
The principal use of the Property shall be a Marine Stadium. Ancillary uses include food
concessions/restaurant, retail services and rentals consistent with the principal recreational
objectives for the site. 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.
(a) Principal Use
(1) Marine Stadium - A spectator facility of up to 6600 permanent fixed seats
(excluding berm seating) including stage facilities for performances, dressing rooms
and concession facilities.
(b) Ancillary Uses
(1) Recreational Concessions / Services - Retail concessions and services to support
public recreational use of the Stadium and basin including:
a. Recreational equipment rentals and sales including sailboards, sailboats, jet ski, canoes and
paddle boats (rentals or sales of power boats is prohibited due to manatee protection regulations
and the adjacent manatee preserve).
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b. Recreational services including water skiing, para-sailing, scuba diving, and instructional
classes.
c. Docking facilities for charter boats, tour boats, and water taxis.
(2) Restaurant and Food Service Concessions - Restaurants, outdoor cafes and food
concessions along the waterfront either integrated into the stadium design or associated with
marine recreational retail services.
(3) MaringWater Sports Facilities_ - Training and sports club facilites for water sports
activities including sailing, rowing, canoeing and kayaking.
C. Proposed Site Improvements
The proposal must schematically describe all proposed improvements to the Property including
site improvements, structures and the general uses pertaining thereto. All improvements,
including those to existing structures, must comply with all applicable local, state and federal
codes and ordinances.
The design of new structures must be aesthetically harmonious with the subtropical climate of
South Florida and natural environment of Virginia Key and will be critically evaluated in the
selection process. If it is proposed that the existing marine stadium be renovated, such
improvements shall respect and maintain the original cast concrete forms and architectural style
of the structure to the greatest degree possible.
1
2 A schematic landscape plan shall be submitted identifying areas of proposed new plantings -
accompanied by a typical landscape materials list.
(a) Design Standards and Guidelines for Site and Facility Improvements -
1) Renovation of the existing marine stadium may include a permanent fixed stage on pilings
attached to the front of the existing structure in lieu of the existing floating barge adapted as a
stage and will require a Dade County Class I permit (see Appendix, Exhibit IV, DERM
Biological Assessment, CC-94-136). A fixed stage shall, if covered, provide for removal of the
stage cover or canopy on an event by event basis to maintain stadium spectator sight lines for
viewing of non -stage events in the basin, such as power boat races.
2) Proposals to construct a new stadium may include, at the option of the proposer, a projecting
stage over water as a design response to spectator viewing of concert events from boats anchored
in the basin. However, the proposer is cautioned that any portion of a new stadium structure
projecting past the existing shoreline will require a Class I permit from Dade County and a
variance from the County Environmental Protection Ordinance, Section 24-58. The City has no
knowledge of and makes no representations as to the potential of obtaining such a variance.
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3) Construction of a new marine stadium may incorporate a fixed canopy over a permanent stage
even though the canopy may otherwise block the view of events in the stadium basin, provided
not less than 800 lineal feet of shoreline bermed (grassed embankment) seating space is provided
and provisions for temporary bleacher event seating along the shoreline of not less than 1000
seats is provided.
"j 4) If a new stadium structure is proposed to replace the existing marine stadium, it is
recommended that a table service restaurant facility(ies), if proposed for the site, be incorporated
into the configuration of the stadium seating so as to offer restaurant patrons the opportunity of
viewing stage events urithin the new stadium.
5) All restaurant facilities, if proposed for the site, shall be located on the waterfront and shall
' provide for public boating access to the facility.
} 6) A continuous public walkway/recreational path shall be provided along the shoreline between
Marine Stadium and the Rowing Club property to the east and between the stadium and the
boatyard to the west and shall include adjacent lawn areas and shade tree landscaping. It is
particularly desirable that the lawn areas be bermed to provide casual spectator seating for
various events in the stadium basin.
7) Although not a part of the leasehold site, the City encourages proposers to consider providing
surface improvements to the service road encircling the entire basin shoreline to accomodate
bicycling, skating and jogging with the potential addition of a several rest shelters at intervals
between the path and the shoreline. Should such a public path be provided, the opportunity
exists as well to provide interpretive trail markers that describe the island's unique environment
and the adjacent critical wildlife area.
8) Site landscaping generally shall meet "Xeriscape" design standards incorporating native plant
species with drought / salt tolerant characteristics.
9) All improvements shall provide for and encourage public access to and use of the waterfront
and shall comply with City and County Charter provisions governing waterfront setbacks and
view corridor requirements.
(b) Parking
Code Requirement - The proposed development plan must identify and comply with all
parking requirements of the City of Miami zoning code. Stadium facilities are required to
provide one (1) on -site parking space for every five (5) fixed seats.
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Shared Parking - The City of Miami administration is on record as supporting, in principal, the
potential for shared parking with the adjacent Miami Seaquarium facility. In as much as many
past Marine Stadium events have occured in the evening (concerts) when the Seaquarium is
closed and the Marine Stadium has not been utilized during daytime hours when the Seaquarium
has peak usage, the potential for accomodating overflow parking on a reciprocal basis exists.
Proposers are encouraged to consider the possibility of such shared parking with the Seaquarium
as may be practical to accomodate in the proposed operation of the stadium facility.
l
D. Permitting and Licensing
} The selected proposer shall be at his or her sole cost and expense responsible for acquiring all
required permits, licenses and approvals from, including but not limited to, the City,
Metropolitan Dade County, the State of Florida and public utilities. All site improvements must
comply with all applicable code requirements. Proposers will be responsible for acquiring all
required permits and approvals. The City will assist through expedited review procedures, if
applicable.
i,A
(a) City Annexation of Property - On November 1, 1994, the Dade County Commission
adopted Ordinance 208-94 annexing certain lands on Virginia Key to the City of Miami by
changing the municipal boundaries of the City to include the entire stadium and parking lot areas
of the site, heretofore outside the City's municipal limits (see following Exhibit 8 - Property
Annexation). / r per& as Offgred in this RFP is now entirely within Mg City corporate
limits and subject to building and zoning ner�g bx the City of Miami The City is
amending the Citywide Miami Comprehensive Master Land Use Plan and accompanying Zoning
Map to reflect the historical and proposed stadium and recreational use of the annexed site as a
public facility and G/1, Government and Institutional zoning as listed under Ordinance No.
11106 adopted November 23, 1993.
(b) Developments of Regional Impact - The City makes no representations and has no analysis
or information as to whether the development contemplated by this RFP is a Development of
Regional Impact (DRI) as defined by F.S. Section 380.06. If a governmental agency determines
that the proposed development is subject to Development of Regional Impact review and
procedures (or a successor law or similar law), the selected proposer shall be solely responsible
for applying for all authorizations and applications required by law, at the proposer's sole cost
and expense.
According to DRI regulations, DRI threshold requirements for a stadium is 10,000 seats. The
existing marine stadium, having been constructed in 1963 and prior to the 1973 passage of the
DRI statutes, qualifies for consideration as a vested project not subject to DRI regulations. DRI
statutes also provide for continuation of vested status for a new structure replacing the original
facility if the same "footprint" of the prior facility is utilized for the new structure. The City is
currently seeking a determination of the existing stadium's DRI status through a Clearance Letter
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filed with the Florida Department of Community Affairs. For more information on DRI
regulations please contact the South Florida Regional Planning Council at 1-800-985-4416.
(c) Im..pact Fees - The City of Miami will exempt the successful proposer from imposition
} of its development impact fees for the project. It is the responsibility of the proposer to
determine, based upon the proposed development scheme and all uses for the Property, the full
extent of all impact fees to be assessed by other governmental jurisdictions. The City will assist
the selected proposer in securing the most equitable assessment of such impact fees as may be
I required for the final approved project, taking into full account any and all credits available for
historical use of the site.
(d) Deed strictions - The 1963 Deed to the City of Miami from Dade County for the Marine
Stadium site specifies as a deed restriction that the principal use of the site shall be for a "Marine
Stadium" and ancillary activities.
(e) Miami Arena Non -compete Clause - The City of Miami land lease agreement with Decoma
Miami Associates, LTD. as operator of the Miami Arena provides for a "non -competition" clause
(see Appendix, Exhibit V, Arena Lease) that prevents the City from "sponsoring" in any manner
a facility that presents similar events to audiences of a comparable size, "other than Marine
Stadium, as it presents exists."
E. Estimated Construction Cost
The proposal must include a detailed construction cost estimate for the entire proposed
development. The total cost of all improvements shall be not less than one million dollars
($1,000,000).
F. 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 the 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.
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G. ]Development Schedule
The City will require 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
delineates the development of each significant improvement. A termination clause will be
included within the lease agreement to insure reasonable compliance with the proposed
development schedule.
The timetable for completion of the proposed construction will be considered as well as the
proposer's plans and commitment to minimizing the impact of construction on use of the site.
All proposed development must be completed within the time period specified in the schedule in
the proposal. Any and all proposed physical improvements to the Property must be completed
within 24 months from the date of transfer of the leasehold Property to the selected proposer.
H. C!2mposition of the Development Entity (Proposing_ Entity) & Consultants
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
stadium facility with any related services and amenities proposed in accordance with the
development program outlined herein in this Section.
j The Development Entity is hereby defined as being comprised of the proposing entity (the
legal entity: corporation, joint venture, partnership, one or more individuals) with whom
the City will contract with for the leasehold agreement.
The Development Entity, itself or through its consultant(s), if any, shall substantiate its
experience in all aspects of development and management of the stadium and ancillary facilities
proposed, subject to compliance with the qualifying criteria specified in Section VI. B 1.
The consultant(s) to the Development Entity, if any, may be one firm possessing all the required
expertise or may be several 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 proposing 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.
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The Development Entity and/or its consultant(s) assembled in response to this RFP shall, at
minimum, demonstrate professional expertise in each of the following disciplines. Copies of
currently active licenses (for both individuals and businesses, as applicable) shall be included in
} the proposal:
i
Architectural: shall be registered to practice architecture in the State of Florida as
"1 required by Chapter 481, Part I of the Florida Statutes, Architecture, and shall have
substantiated experience in the design and development of spectator facilities;
} Engineering: shall be registered to practice engineering in the State of Florida as required
by Chapter 471 of the Florida Statutes, Professional ngineers_ and shall have
substantiated experience in the design and development of spectator facilities;
s
Landscape Architectural: shall be registered to practice landscape architecture in the
State of Florida as required by Chapter 481, Part II, Landscape Architecture, of the
Florida Statutes;
i General Contracting or Construction Management: shall be licensed as a general
contractor in the State of Florida and shall have substantiated experience in the
management of large scale construction projects;
Operations and Management: shall have experience in the operations and management of
recreational, sporting, concert or specialty entertainment facilities;
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
j identified in the proposal may not be introduced as part of the proposal entity subsequent to the
submission deadline. Respondents must notify the City in writing immediately of any firm or
individual presented in its original submission who is unavailable to continue as member of the
proposing entity. Any such change may result in the removal of the proposal from consideration.
All principals of the Development Entity investors 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.
Respondents are encouraged to include in the composition of the Development Entity, businesses
or firms whose primary offices are located in the City of Miami. City occupational licenses shall
be provided as proof of location for businesses located in the City of Miami, as well as
completed primary office location affidavit form included in Exhibit III. 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.).
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Exhibit II includes forms soliciting detail information which must be completed and submitted
with the proposal.
I. Deyelopment Proposal Contents
Prospective proposers shall address and include, as part of their proposals the following items:
1. Development Plan:
Description of all aspects of the plan
Overall site development
Number of new buildings, if any, and use;
square footage, height
Retail entity square footage and type, if any
Food and Beverage entity square footage, if any
Architectural features
Methods of construction
On site parking requirements
2. Illustrative Drawings:
(Prepared by a registered architect licensed to practice in Florida and
board -mounted not to exceed 30" x 40")
Site Plan
Schematic site plan showing use areas by type, vehicular access and
circulation roads, pedestrian pathways, and schematic planting plan
Elevations, sections and floor plans of existing
buildings to be renovated and all proposed new
structures
Perspective isometric illustrations are not
required but will be accepted for review.
Models will not be accepted for review.
3. Management and Operations Plan
Proposed Staffing
Marketing Strategy for Event Development
Promotional Plan for Event Booking
4. Market Analysis
5. Schedule of Amenities
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6. Completed Declaration, Financial Disclosure and Professional Information
forms as detailed and included herein as Exhibit I1.
7. An annual minimum guaranteed rental payment to the City and percentages of
gross revenues collected.
8. A dollar amount to be spent on permanent physical improvements to the Property.
9. A schedule including all phases of the development including plaiming and
design, construction, and operations.
10. Letters of reference from financial institutions documenting the proposer's
ability to finance all aspects of the proposed development.
11. Recent (as of 1994) Financial Statements (audited statements are 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.
12. The required letter of credit.
13. Documentation of the proposer's and Development Entity's past experience in
related development and management.
14. Resumes of key individuals to be involve in the proposed development.
15. Individual Engineers, Architects and Landscape Architects must submit a current
Certificate of Registration or License and corporations or partnerships must submit a current
Certificate of Authorization.
16. The organizational structure presented in graphic form depicting the proposing
entity and its professional consultants, including the names, affiliation and addresses of
principals forming the Development Entity. This includes any and all general partners,
stockholders owning 5% or more of the stock, corporate officers, and executives and top
management of the Development Entity.
17. Completed Minority Participation Documentation forms (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.
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18. City occupational license(s) demonstrating the participation of local firm(s) in the
Development Entity or Consultants, and a completed City of Miami "primary office location
affidavit" form.
J. Method of Operation
The proposal must include a narrative describing the operation of the entire proposed
i development. The description shall include an organizational chart, job descriptions of key
positions, brief outline of operating procedures, how and where the development will be
promoted, 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. 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.
l K. Minorily 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 C.
Minorities are expected to be an integral part of the Development Entity, participate substantially
in construction contracts and jobs, and comprise a significant part of the permanent management
Entity, as well as all businesses and work force created by the development. For the purpose of
proposal evaluation, significant minority participation in the Development Entity shall be defined
as 30% of the proposing entity with each minority group ( black, hispanic, and female)
comprising not less than 5% each. As evidence of minority compliance, proposers are expected
to complete the applicable forms included in Exhibit III.
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V. PROPOSAL SUBMISSION REQUIREMENTS
Submissions received in response to the RFP shall meet all requirements specified herein in this
{ Section. Submissions deficient in providing the required information shall be determined non-
responsive by the City and ineligible from any further consideration.
A complete proposal submission package shall be delivered to the City as follows:
1. One (1) original and fourteen (14) 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 Miami
Marine Stadium, 3601 Rickenbacker Causeway, Miami, Florida" and addressed to:
Herbert J. Bailey
Assistant City Manager
City of Miami
3. Proposals must be received at:
Office of the City Clerk
1 City of Miami, City Hall
i (First Floor Counter)
3500 Pan American Drive, Dinner Key
j Miami,Florida 33133
4. The submission package shall be submitted by:
2:00 P.M.
Thursday, August 3,1995
5. Proposal submissions must be accompanied by:
A non-refundable cashier's check in the amount of $2,000, made payable to
the City of Miami.
The time deadline and proposal receipt location will be strictly adhered to by the City. No
proposals shall be received after 2.00 p.m,, August 3, 1995 or at any other City office
location, other than the City Clerk's Office (First Floor Counted
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4,
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 evaluating proposal submissions, in excess of the total amount collected
shall be reimbursed to the City by the selected proposer upon execution of a lease agreement.
VI. EVALUATION CRITERIA
Review procedures and the selection process are set by City Charter and Code of which
applicable excerpts are included in Appendix A. of this document.
At a public hearing held April 27, 1995 the City Commission authorized the City Manager to
issue the RFP. The City Commission, at a later date, shall appoint a review committee from
recommendations submitted by the City Manager to evaluate submitted proposals, and an
independent CPA firm to also evaluate proposals.
The review committee established by the City Commission, will render a written report of its
evaluation of responsive and responsible proposals to the City Manager. The review committee
shall evaluate each proposal based on the criteria established herein. The committee has the
authority to recommend one or more, or none of the proposals if it deems them not to be in the
best interest of the City. However, the committee shall have to explain its reasons for a decision
to recommend none of the proposals.
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 the 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 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 a $2,000 non-refundable cashier's check have been received by the
deadline date and time and at the correct location.
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B. Review Committee Evaluation Criteria
The following specific evaluation criteria and its respective assigned values shall be used by the
review committee for purposes of rating and ranking the proposal submissions:
Criteria Value (Points)
Experience of the proposing entity.................................15
Capability of the Development Entity & Consultants ..... 15
Financial capability of the proposing entity....................15
Financial return to the City..............................................10
Overall design of the proposed development..................20
Management and Operational Plan .................................15
j
Extent of minority participation......................................10
1 Local flrm(s) v_anticipation................................................6
Total Maximum Points ...................
Proposers are encouraged to have their proposals conform to the following factors which will be
utilized by the review committee in evaluating the proposals:
1. Experience of the Proposing Entity (15 points)
Qualifications and experience of the proposing entity in planning and design, constrution,
leasing and management.
Specific experience of the proposing entity in development, design, leasing and
management of spectator facilities and ancillary types of uses proposed. A minimum of
three (3) years spectator facility management experience is required.
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2. Capability of the Development Entity (15 points)
Composition of the Development Entity; professional qualifications and capability of
Entity members, project managers, consultants and subconsultants.
Architectural/engineering capability and range of experience on similar developments
comparable in scope, complexity, magnitude.
Adequacy of personnel to successfully undertake and complete the development proposed:
General contracting or construction management capability and range of experience on
similar developments comparable in scope, complexity, magnitude;
Good past performance in the administration of other developments and cooperation with
former clients.
Demonstrated ability to meet time schedules and budget.
Qualifications, organization and experience of operational, leasing management Entity.
Qualifications and specified experience of project managers, Entity members and
i professional consultants in development and management of spectator facilities.
Specific experience of the Development Entity in relationship to development and
management of the types of ancillary uses proposed.
3. Financial Capability (15 points)
Demonstrated financial capability of the proposing entity sufficient to successfully
undertake and complete this development.
Proposing entity's track record of financing developments comparable in magnitude and
scope 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.
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,
4. Financial Return to the City (10 points)
i
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. Overall Design of the Proposed Development (20 points)
Fulfillment of the City's established development objective.
Appropriateness and quality of the design as related to the character of the site and the
Virginia Key waterfront.
Appropriateness and quality of the design of the renovation of the existing facility and/or
of new structures.
Imaginative and creative treatment of architectural and site design of public access to and
design of public areas, circulation, view corridors, landscaping, graphics, signage and
lighting.
Efficiency of site design and organization, and compatibility of uses.
6. Management and Operations (15 points)
Effectiveness and efficiency of Staffing plan and sub -leasing strategies.
Creativity and breadth of marketing plan for event and recreational activity development.
Suitability and breadth of promotional plans for events and recreational activities.
0
7. Extent of Minority Participation (10 points)
Minority/women participation within the proposing entity.
Minority/women participation within the Development Entity.
Subcontracting and hiring practices during construction.
Opportunities for minorities/women, hiring outreach and training opportunities in relation
to leasing, management, operation and maintenance of the facilities.
8. Participation of Local Firm(s) (6 points)
Local firm(s) participation shall be defined as a firm having a established business office
within the City municipal limits. The firm shall have a current occupational license issued
by the City.
a. 3 points shall be awarded to a proposal submitted by a local proposing entity.
b. 3 points shall be awarded to a proposal whose Development Entity consists of local
consultants in the design, general contractor, management and operations fields.
C. CPA Firm Evaluation Criteria
The certified public accounting firm selected by the City Commission will evaluate each
proposal submission prior to evaluation by the review committee. Specifically, the certified
public accounting firm will evaluate according to the following criteria:
• the financial viability of the proposing entity
• the viability of the financing strategies, source and structure;
• assess comparatively the short and long range economic and fiscal return to the City.
Additionally, the certified public accounting firm will:
• assess the market analysis
• evaluate the economic feasibility of the proposed development.
• evaluate the financial viability of the management plan.
The accounting firm shall present its findings regarding each proposal to the review committee
prior to the review committee completing its deliberations. The CPA firm will render an
independent report of its findings to the City Manager.
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VII. TERMS AND CONDITIONS TO BE INCLUDED IN THE 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 proposers. 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. Until such time as the lease
agreement is executed, 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:
l . Lease Term
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/Taxes
14. Maintainance, Repair and Replacement
15. Condemnation and City "Buy -Out" Provisions
16. Default - Termination
17. Examination of Premises
18. Audit Rights
19. Award of Agreement
20. Conflict of Interest
21. Non -Discrimination
22. Rules and Regulations
23. Compliance with Federal, State and Local Laws
24. Minority Procurement
25. Taxes
26. Miscellaneous
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i1t.,
04.1it-q of �Hianiri
HERBERT J. BAILEY
Assistant City Manager
May 3, 1995
Ladies and Gentlemen:
CESAR H. ODIO
City Manager
Thank you for your interest in the unified development of a marine stadium facility, and ancillary
recreation related services on approximately 18.33 acres of City -owned, waterfront property
located at 3601 Rickenbacker Causeway, Virginia Key, Miami, Florida.
Enclosed is the City of Miami's Request for Proposals (RFP) which contains detailed and
specific information regarding the parcel of land contemplated for development, the uses the City
is seeking, the submission requirements and selection procedure pertinent to this Unified
Development Project.
Responses to this RFP are due no later than 2:00 p.m., Thursday, August 3, 1995. The City
retains the option to require a more extensive and detailed submission prior to final selection of a
developer should the selection process warrant a second stage review, as well as the right to
reject all proposals at any time prior to entering into a lease agreement as contemplated by the
RFP.
Please carefully review all of the enclosed documents. Proposals must comply with all
requirements of the submission detailed in the RFP to be eligible for consideration. All
information and material submitted will be carefully analyzed and independently verified.
In accordance with the City Charter and Code sections for Unified Development Projects, any
proposal deemed to be non- responsive or not responsible by not substantiating the financial
capability of a selected proposer, or not meeting the minimum requirements of this RFP at any
time prior to the completion of the Unified Development Project process and the signing of a
lease agreement, may be rejected. In making such determination, the City's consideration shall
include, but not be limited to the proposer's experience, capability of the development Entity, the
dollar amount return offered to the City, the proposer's financial qualifications, 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, the selected proposer
shall not have any vested rights, nor title, or interest in the Property or to the development
proposed thereon, until such time as the leasehold agreement is executed.
95" 281
DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER
300 Biscayne Boulevard Way, Suite 400.401/Miami, FL 33131
DEVELOPMENT DIVISION (305) 579.3366 / HOUSING DIVISION (305) 579-3336/Telecopier: (305) 371-971D
May 3, 1995
Page Two
"3 Proposals must present a definitive development program, completion schedule, financial
strategy, and management plan respecting all requirements of this Request for Proposals to form
the basis for selection 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 proposed Entity subsequent to the submission
deadline.
Contact with the City, except for public hearings and presentations, 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, Herbert J. Bailey, Assistant City Manager, until such time as the
i selected proposer is determined by the City Commission. All questions or requests for additional
information should be addressed in writing to Herbert J. Bailey, Assistant City Manager, City of
Miami, Department of Development & Housing Conservation, 300 Biscayne Boulevard Way,
Suite 400, Miami, Florida 33131. Any response to such questions or requests that could
potentially impact proposals will be furnished to all proposers in the form of an addendum.
The City will conduct a Proposal Pre -Submission Conference on Tuesday, June 6, 1995, 10:00
a.m., at the Department of Development offices to explain the requirements of this RFP and
provide an opportunity for prospective proposers to raise questions and/or issues pertaining to
this RFP. While attendance at the Pre -Submission Conference is not a condition for offering
proposals, all prospective proposers are invited to attend.
Proposals must be delivered to Matty Hirai, City Clerk, (First Floor Counter), City Hall, 3500
Pan American Drive, Miami, Florida 33133 by 2:00 p.m. Thursday, August 3, 1995. A list of
proposers will be made public on that day.
Since. y,
1
Cesar H. Odio
City Manager
95- 281
TABLE OF CONTENTS
Page
1. PUBLIC NOTICE.................................................................................................1
II. OVERVIEW
A.
Introduction..................................................................................................2
B.
Location.......................................................................................................3
Figure 1. Regional Location Map ...............................................after
page 3
Figure 2. Area Location Map.....................................................after
page 3
C.
Site Description............................................................................................4
Figure 3. Site Location Map ......................................................
after page 4
Figures 4-1, -2, -3 Aerial Views ...............................................after
page 4
Figure 5. Utilities.......................................................................
after page 5
D.
Appraised Value...........................................................................................6
E.
Lease Term...................................................................................................6
F.
Financial Return to the City.........................................................................7
G.
Taxes............................................................................................................7
Figure6. Zoning......................................................................... after page 7
Figure 7. Property Annexation ..................................................after page 7
H.
Zoning..........................................................................................................8
1.
Unified Development Proposal Selection Process.......................................9
J.
Unified Development Schedule.................................................................10
III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS
A.
Declaration as a Unified Development Project..........................................I
I
B.
Commitment of Funds...............................................................................I
1
C.
Commitment of Property ...........................................................................12
D.
Commitment of Services............................................................................12
E.
Execution of Contracts...............................................................................13
F.
Right of Termination..................................................................................13
IV. PROPOSAL DEVELOPMENT REQUIREMENTS
A.
Development Objective.............................................................................13
B.
Use.............................................................................................................14
C.
Proposed Site Improvements.....................................................................15
D.
Permitting and Licensing...........................................................................17
E.
Estimated Construction Cost.....................................................................18
F.
Financing Strategy.....................................................................................18
G.
Development Schedule..............................................................................19
H.
Composition of the Development Entity...................................................19
I.
Development Proposal Contents................................................................21
J.
Method of Operation..................................................................................23
K.
Minority Participation................................................................................23
95- 281
TABLE OF CONTENTS
(Continued)
V. PROPOSAL SUBMISSION REQUIREMENTS
A. Submission Procedures..............................................................................24
VI. EVALUATION CRITERIA
A. Initial Review.............................................................................................25
B. Review Committee Evaluation..................................................................26
C. CPA Firm Evaluation.................................................................................29
VII. TERMS AND CONDITION TO BE INCLUDED IN THE LEASE
AGREEMENT....................................................................................................3 0
APPENDIX A. City of Miami Charter and Code Sections;
Pertinent Legislation
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)
Ordinance No. 10062 and No. 10538
APPENDIX C. Virginia Key Master Plan (selected excerpts)
EXHIBIT I. Sketch of Survey (includes Legal Description)
EXHIBIT II. Declaration, Professional Information, and
Financial Disclosure Forms
EXHIBIT III. Minority Participation Forms
EXHIBIT IV. Biological Assessment, Dade County D.E.R.M.
EXHIBIT V. Miami Arena Lease Agreement - Non -Compete Clause
95-- 281
I. PUBLIC NOTICE
The City of Miami is seeking Unified Development Project Proposals for the improvement or
development of a marine stadium/amphitheater facility, and ancillary retail and recreational
services on approximately 18.33 acres of City -owned, waterfront property located on Virginia
Key, Miami, Florida. The City through this offering is procuring from the private sector an
integrated package of services consisting of planning and design, construction, leasing and
management of the proposed commercial development. The property being offered for
development includes 17.33 acres of upland contiguous to the Marine Stadium basin and 1 acre
of submerged land in Marine Stadium basin.
All proposals shall be submitted in accordance with the Request for Proposals document (RFP)
which may be obtained from the City of Miami Department of Development and Housing
Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, (305) 579-3366.
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 City will conduct a Proposal Pre -Submission Conference on Tuesday, June 6, 1995 at 10:00
a.m. at the Department of Development offices. While attendance at the Pre -Submission
conference is not a condition for offering proposals, all prospective developers are invited to
attend.
Proposals must be delivered to Matty Hirai, City Clerk, City Hall, 3500 Pan American Drive,
t Miami, Florida 33131 by 2:00 p.m., Thursday, August 3, 1995, and will be publicly opened on
that day.
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 the City Charter and Code sections regarding
Unified Development Projects. Furthermore, until such time as a lease agreement is executed,
the selected proposer shall not have any vested rights, nor title or interest in the Property or to the
development proposed thereon, until such time as the leasehold agreement is executed.
Cesar H. Odio
City Manager
95- 281
y1A.,
II. OVERVIEW
A. Introduction
+ The City of Miami (the "City") is seeking Unified Development Project Proposals from qualified
I and experienced developers for the development of a Marine Stadium/Amphitheater. Proposals
may include ancillary retail and recreation related services. The property located at Virginia
+, Key, Miami (the "Property"), is comprised of a total area of 18.33 acres (17.33 upland acres and
1 submerged acre).
On July 26, 1994 the City Commission adopted Resolution No. 94-571 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 April 27, 1995 the City Commission adopted Resolution No. 95-281 authorizing the issuance
of this Request for Proposals (the "RFP") on May 3, 1995. The Commission later selected a
seven (7) member Review Committee to evaluate proposal submissions and report findings to the
City Manager as required by the City Charter and Code sections regarding UDP's. Pertinent
legislation referenced herein is included in Appendix A.
Proposals submitted in response to this RFP shall include planning and design, financing, and
construction of proposed improvements appropriate to the character of the site and the Virginia
Key waterfront. The Property, 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 property lease agreement with the City. Any lease
agreement entered into for the development of the Property must comply with the requirements
of Section 3 (f) (iii) of the City Charter included herein for reference in Appendix A.
The City will conduct a Proposal Pre -Submission Conference on Tuesday, .tune 6, 1995, 10:00
a.m. at the Department of Development offices for the purpose of providing an opportunity for
prospective proposers to personally raise questions or issues to City staff pertaining to this RFP.
While attendance at the Pre -Submission Conference is not a condition for offering proposals, all
prospective proposers are invited and encouraged to attend.
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, August 3, 1995. A list of
proposers will be made public on that day.
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 the City Charter and Code sections regarding
2
95- 281
Unified Development Projects. Any proposal deemed to be non- responsive or not responsible
by not substantiating the financial capability of a prospective proposer, or not meeting the
minimum requirements of this RFP at any time prior to the completion of the Unified
Development Project evaluation process and the signing of a lease agreement, may be rejected.
In making such determination, the City's consideration shall include, but not be limited to, the
proposer's experience, capability of the development Entity, the dollar amount return offered to
the City, the proposer's financial qualifications, 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, the selected proposer shall not have any vested rights, nor
title or interest in the Property or to the development proposed thereon.
The information contained in this R.F.P. is published solely for the purpose of inviting
prospective proposers to consider the development described herein. Prospective proposers
should make their own investigations, projections, and conclusions without reliance upon the
material contained herein. Any lease executed pursuant to this R.F.P. will contain a provision
which will at a minimum provide:
Pursuant to City Charter Section 29-A, sub -section (c)(6), the City reserves the right to reject all
proposals and the right 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 any
material alteration of any contract awarded under subsection (c) Unified Development Projects,
of Charter Section 29-A.
B. Location
The Property to be developed is located on Virginia Key, a 1000 acre island, one and one half
miles east of the City's mainland, as shown in Figure 1. "Regional Location Map" and Figure 2
"Area Location Map". Virginia Key is entirely publicly owned and consists of diverse natural
and man-made environments ranging from open meadows and mangrove forests to regional
tourist marine attractions, a public high school, rowing clubs and public beaches. 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, parks and the community of Key
Biscayne.
3
95-- 281
APPENDIX A
City of Miami
Charter and Code Sections
Pertinent Legislation
95- 281
§ 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
i 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
§ 27-B of this charter.
Sec. 27-G. Copy of assessment roll' annexed
to warrant commanding collection.
Note —The user's attention is directed to the editor's note to
§ 27-B 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 editor's note to § 27-B of this
charter.
(Sec. 27-I. Reserved.)
Sec. 27J. Discounts if taxes paid before cer-
tain time.
Note —The discount rates formerly set out in this section no
longer apply; for present rates, see Fla. Stats., 1193.41. The
user's attention is also directed to the editor's note to § 27-B of
this charter.
Sec. 27-M When taxes become delinquent; in-
terest rates on delinquent taxes.
Note —The user's attention is directed to the editor's note to
§ 27.B of this thane'?.
Sec. 27-L. Tax certificates; interest rate there-
oLt.
Note —The user's attention is directed to the editor's note to
§ 27-B of this charter.
Sec. 28. Chief procurement officer.
(a) The city manager shall appoint a chief pro-
curement officer who shall supervise all purchases
for the city in the manner provided by ordinance
and who shall, under such procurement methods
as may be prescribed by ordinance, supervise sales
Supp. No. 29
Subpt. A .
of all real and personal property_of the city not
needed for public use or that may have become
unsuitable for use. The chief procurement officer
shall have charge of such storerooms and ware-
houses of the city as the commission may by ordi-
nance provide. Before any purchase or sale, the
chief procurement officer shall require that all
prescribed procurement procedures be followed.
Supplies shall not be furnished to any department
unless there be to the credit of such department
an available appropriation balance in excess of
all unpaid obligation sufficient to pay for such
supplies.
(b) No contract for furnishing supplies or ser-
vices for the city, except as otherwise provided in
this charter, shall be made for a period of more
than one year.
(c) The chief procurement officer shall see to it
that all persons seeking to do business with the
city not discriminate against any employee or
applicant for employment because of age, race,
creed, color, religion, sex, national origin, handi-
cap, or marital status; and that they take affir-
mative action to ensure that applicants are em-
ployed and that employees are treated during em-
ployment without regard to their age, race, creed,
color, religion, sex, national origin, handicap, or
marital status.
(d) The chief procurement officer shall be re-
sponsible for developing such minority procure- -
ment program as may be prescribed by ordinance
and permitted by law.
30
A-1
Sec. 29-A. Contracts for personal property,
public works or improvements, uni-
fied development projects, and real
property; safeguards.
(a) Personal properly. Any personal property,
including but not limited to supplies, equipment,
materials, and printed matter, may be obtained
by contract or through city labor and materials,
as provided by ordinance. All contracts for more
than four thousand five hundred dollars ($4,500.00)
shall be awarded by the commission to the lowest
responsible bidder, after public notice and using
such competitive sealed bidding methods as may
be prescribed by ordinance; provided, however,
95- 281
Subpt. A
CHARTER
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 roust be
rated 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 ($4,500.00) shall be signed
by the city manager or his designee after approval
thereof by the commission. This 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
4 29•A
Bible 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 fmding 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 commission.
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 de-
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
31 95- 281
A-2
drdA,.
4 29-A
CHARTER AND RELATED 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 unwed 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-(1) the specific parcel of land contemplated to be
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 firm;
(3) the specific evaluation criteria to be used by
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
(eX4) hereof; and
(6) a reservation of the right to reject all propos-
als and of the right of termination referred to
in subsection (04), below.
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 unwed 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
Supp. No. 29
Subpt. A
consist of an appropriate number of city offi-
cials or employees and an equal number plus
one of members of the public, whose names
shall be submitted by the city manager no
fewer than five days prior to the above -
mentioned public hearing.
At the conclusion of the public hearing the com-
mission shall authorize the issuance of a request
for proposals, select a certified public accounting
firm, and appoint the members of the review com-
mittee only from among the persons recommended
by the city manager.
The procedure for the selection of an integrated
package proposals shall be as follows:
(1) all proposals shall be analyzed by a certified
public accounting firm appointed by the com-
mission based only on the evaluation criteria
applicable to said certified public accounting
firm contained in the request for proposals.
Said certified public accounting firm shall
render a written report of its findings to the
city manager.
(2) the review committee shall evaluate each pro-
posal based only on the evaluation criteria
applicable to said review committee contained
in the request for proposals. Said review com-
mittee shall render a written report to the
city manager of its evaluation of each pro-
posal, including any minority opinions.
(3) taking into consideration the findings of the
aforementioned certified public acoountii{g firm
and the evaluations of the aforementioned
review committee, the city manager shall rec-
ommend one or more of the proposals for ac-
ceptance by the commission, or alternatively,
the city manager may recommend that all
proposals be rejected. If there are three or
more proposals and the city manager recom-
mends only one, or if the city manager rec-
ommends rejection of all proposals, the city
manager shall state in writing the reasons
for such recommendation.
In transmitting his recommendation or rec-
ommendations to the commission, the city
manager shall include the written reports,
including any minority opinions, rendered to
4-3 95-- 281
$19.,
Subpt. A CHARTER § 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 must be
ratified by an affirmative vote of two-thiris of the
commission after a properly advertised public hear-
ing. When the requirement of sale, co-aveyance,
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 ghall
contain a reservation of the foregoing right 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.
33
A-4
(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- 281
§ 29.A CHARTER AND RELATED LAWS Subpt. A
(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,
i1-M7)
Editor's note —Ord. No. 9489, adopted by the commission
on Sept. 17, 1982, set forth Charter Amendment No. 1 for
approval/rejection at election on Nov. 2, 1962. On Oct. 28,
1982, Ord. No. 9561 amended the language of subsections (a)
and (c) of § 53 as proposed by Ord. No. 9489. The election was
to approve the language of Charter Amendment No.1, as amended
by Ord. No. 9507. Subsequently, in light of Charter Amend-
ment No. 2 of Nov. 3. 1987, the city attorney directed the
codifier 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
Sec. 29-B. City -owned property sale or lease —
Generally.
Notwithstanding any provision to 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-
grams 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 Art 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 instrumen. .
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 commission's consideration of such sale
or lease, an advertisement soliciting proposals for
said sale or lease published in a daily newspaper
of general paid circulation in the city, allowing
not less than ninety (90) days for the eity's receipt -
of proposals from prospective purchasers or les-
sees, said advertisement to be no less than dne-
fourth NO 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. As a further exception to the above require-
ments and any other requirement for competitive
34
A—S
95-- A81
5
Subpt. A
i
CHARTER
bidding procedures to be used in the disposition of
city -owned property or any interest therein, the
city commission is authorized to waive all such
disposition requirements where the intended use
of such property or interest therein is in further-
ance of the objective of providing rental or sales
housing within the economic affordability range
of low and/or moderate income families and/or
individuals. In determining low and/or moderate
income households as set forth above, the criteria
shall be those provided for by federal and/or state
law or by the city commission. (Char. Amend. No.
2, 11-M7)
Sec. 29-C. Same —Watson Island.
Notwithstanding any provision to the contrary
contained in the Charter or Code of the City of
Miami, no sale, conveyance lease, management
agreement, revocable use permit, or license agree-
ment may be entered into for the management,
occupancy or use of the area known as Watson
Island unless (1) there shall have been, prior to
the date of the city commission's consideration of
such sale, lease, management agreement, revo-
cable permit or license agreement, an advertise-
ment soliciting proposals for said sale, lease, man-
agement agreement, revocable permit, or license
agreement published in a daily newspaper of gen-
eral paid circulation in the city, allowing not less
than ninety (90) days for the city's receipt of pro-
posals from prospective purchasers or lessees, said
advertisement to be no less than one-fourth page
and the headline in the advertisement to be in a
type no smaller than 18-point; and, (2) the pro-
posed transaction be approved by a majority of
the votes cast by the electorate at a referendum.
to be held at the Bert regularly scheduled general
election. The procedures for selection of proposals
shall be those provided by Charter section 29A(c)
or (d) as appropriate and/or by applicable City
Code provisions. Nothing herein shall effect the
existing rights or privileges, if any, of any lessee,
permittee, licensee or concessionaire currently sit•
uated in said area; however, any enlargement,
amendment, transfer, or increase in those rights
or privileges as may be in existence at the time
this amendment is adopted shall require compli-
ance with the provisions of this amendment. This
Charter Amendment shall not affect the city's
Supp. No. 29
l
34.1
A-6
4 30
use or occupancy of the area, nor shall it apply to
contracts for the construction of any pity facilities
or improvements in the area; further, nothing
contained herein shall apply to projects of any
governmental agency or instrumentality. (Char.
Amend. No. 1, 11-3-87)
Sec. 30. Local improvements.
(a) Definitions; divisions into classes. In this
section the following words and phrases shall have
the following meanings, unless some other mean-
ing is plainly intended:
The main divisions of this section are some-
times herein termed paragraphs, and the divisions
of paragraphs are sometimes herein termed
subparagraphs.
A local improvement is an improvement defined
by this section and made under the provisions
thereof.
The word commission shall be deemed to refer
to the city commission of the City of Miami.
A highway is a public way such as a street,
boulevard, avenue, lane, alley, parkway, court,
terrace, or place.
A sidewalk, is a path for pedestrians along a
highway.
A storm sewer is a conduit above or below ground
for the passage of storm water, including a pump-
ing station and outlet where deemed necessary; it
may also include the building of culverts over
streams or enclosing of streams where necessary7
or advisable to carry off storm water.
A sanitary sewer is an underground conduit for
the passage of sewage and may include a pump-
ing station and outlet where necessary.
95- 12S1
1660,.
§ 1852.7
MIAhff CODE
rights. In the event of such cancellation or rejec-
tion, the chief procurement officer shall promptly
notify all affected bidders or offerors and make
available to them a copy of the written explana-
tion for such cancellation or rejection, which shall
be a public record. (Ord. No. 9572, § 1, 2-10-83)
Sec. 18 52.8. Sole -source contracts.
(a) Conditions for use Since it is not practica-
ble for the city to use competitive bidding meth-
ods to secure goods or services if there is any one
(1) reasonable source of supply, sole -source awards
may be made as an exception to the other meth-
ods prescribed in this section under the following
circumstances:
(1) Where the compatibility of equipment, acces-
sories, or replacement parts permits one (1)
reasonable source of supply;
(2) Where the goods or services available from a.
single source are needed for trial use ar test-
ing; and
(3) Where the unique -and specialized expertise
of one (1) source of services is unlikely to be
ebt caned from amT other source.
(b) Determination and approval The determi-
nation that an award shall be made an a sdle-
source basis shall be made by the chiaf c
mentoffioertoihecitgmanager Suck$etermination
shall be made in writing and provide complete
justification as to why no other sources of goods
or services could be obtained to meet the city's
requirements. The determination shall also cer.
tify that the terms and conditions of the award
have been negotiated so as to obtain the most
favorable terms and conditions, including price,
as may be offered to other customers or clients by
the proposed contractor. The city manager may
waive competitive bidding after he makes a writ-
ten finding, supported by reasons, that only one
(1) reasonable source of supply exists. Such find.
ing must be ratified by an affirmative two-thirds
ft vote of the city commission after a properly
advertised public hearing.
(c) Public notice and disclosure. Notice that the
city intends to award a sole -source contract shall
be published at least once in a newspaper of gen-
eral circulation in the city prior to contract award,
Supp. No.10
§ 18.52.9
but in any event at least fifteen (15) calendar
days shall intervene between the last date of pub-
lication and the date of award. Such notices shall
state the intention to award a .sole -source con-
tract, the nature of goods or services to be ac-
quired, the name of the proposed contractor, and
the name and telephone number of a cognizant
city official who may be contacted by other poten-
tial sources who feel they might be able to satisfy
the city's requirements. A record of such notices
and responses thereto shall be maintained in the
contract file along with the written determina-
tion required above, and a compilation of all sole
source awards shall be submitted by the city man-
ager to the city commission on a quarterly basis
to include:
(1) The name of the sole -source contractor,
(2) The nature of the goods or services procured;
(3) The reasons no other source could satisfy city
requirements;
X4) The amount and type of contract; and
(5) The identification number for each contract
51e.(Drd.. Na 9572, 11, 2-10-83)
Sec. IM2.9. Unified development projects.
(a) Definition& For the purposes of this article
1 V, the following terms shall have the following
meanings:
Unified development project shall mean a proj-
ect in which an interest in real property is owned -
or is to be acquired by the city, which is to be used
for the development of improvements, a iA as to
which the city commission determines that for
the development of said improvements it is most
advantageous to the city that the city procure
from a private person, as defined in the Code of
the city, one (1) or more of the following inte-
grated packages:
(1) Planning and design, construction, and leas-
ing, or
(2) Punning and design, leasing, and manage-
ment; or
(3) Planning and design, construction, and man-
agement; or
1208
A-7
95- 281
M
11852.9
FINANCE
(4) Planning and design, construction, Teasing
and management.
(b) Conditions for use A unified development
project shall be used in those circumstances in
which the city commissiom by resolution deter-'
mines that for the development of improvements
it is most advantageous to the city that the city
procure an integrated entity as defined in section
1M2.9(a). So long as the person from. which the
city procures we (1) of the above -mentioned inte-
grated pceckages provk1es all of the functions listed
for that package, such person need not provide
each listed finciion for the ei tire unified level:-.
opment project nor for the same part of•the uni-
fied development project.
(c) Requests for proposals A recgiest for prof
posals shall be issued, which genersIIydefnes the:
nature of the project,. the uses the kitty is seeEdng.
for the project, and the estimated all'ocatioua of
land for each use. The request far proposal's shaft
also include the following-.
(1) Instructions and information to offerors con.
cerning the proposal submission require-
ments, including the time and date set for
receipt of proposals, the address of the of
fice to which proposals are to be delivered,
the maximum time for proposal acceptance
by the city, and any other special information;
(2) The specific parcel of land contemplated to
be used or the geographic area the city
desires to develop;
(3) The specific criteria which shall be used to
evaluate competing proposals by the below.
mentioned certified public accounting firm;
(4) The specific evaluation criteria which shall
be used to evaluate competing proposals by
the below -mentioned review committee;
(5) A statement that written and oral discus-
sions may be conducted with offerors who
submit proposals determined to be reason-
ably susceptible of being selected for award,
but that proposals may be accepted aB sub-
mitted without such discussions;
(6) A statement of when and how financial
considerations and return to the city should
be submitted;
Supp. No. to
4 18-52.9
(7) The contract terms and conditions, includ-
ing warranty and bonding or other secu.
rity requirements as may be fixed and
applicable;
(8) The extent of the city's proposed commit-
ment of funds, property, and services;
(9) The definition of the terms "substantial
increase" and "material alteration" that
will apply to the.project in.accordance with
section 53(,r.)FM. --the Comer of the city;
(10) A reservation of tE e' ri& to: rgject all pro-
posalir and of the• right of termination re-
ferredto- i m sectiom =eXM—of the Charter
of the cif
(11)- The date, timer and, place at which any
preproposal conferences may be held and
whether attendance at such conferences is
a condition for offering proposals; and
(12) The place where any documents incorpo-
rated by reference may be obtained.
Before issuing a request for proposals, there shall
be a public hearing, after public notice, at which
the commission shall consider.
(1) The contents of the request for proposals for
the subject unified development project;
(2) The selet--tion of a certified public accounting
firm, which shall include at least one (1) 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 commit
tee shall consist of an appropriate number of
city officials or employees and. an equal num-
ber plus one (1) of members of the public,
whose names shall be submitted by the city
manager no fewer than five (5) days prior to
the above -mentioned public hearing.
At the conclusion of the public hearing, the com-
mission shall authorize the issuance of a request
for proposals, select a certified public accounting
firm, and appoint the members of the review com-
mittee only from among the persons recommended
by the city manager.
1209
A-8
4 1852.9
MIAMI 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 a newspaper 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 require-
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 psepropasal 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. 10
4 1852.9
be limited to, the name of each offeror and a
summary description sufficient to identify the proj-
ect. The register of proposals shall be open to
public inspection.
(h) Minority participation. The city's minority
procurement program shall be referred to in the
requests for proposals and shall apply to the award.
ing of contracts for unified development projects.
(i) Evaluation of proposals. The procedure for
the selection of an integrated package proposal
shall be as follows:
(1) All proposals shall be analyzed by a certified
public accounting firm appointed by the com-
mission based only on the evaluation criteria
applicable to said certified public accounting
firm contained in the request for proposals.
Said certified public accounting firm shall
render a written report of its findings to the
city manager.
(2) The review committee shall evaluate each
proposal based only on the evaluation criteria
applicable to said review committee contained
in the request for proposals. Said review com-
mittee shall render a written report to the
city manager of its evaluation of each propo-
sal, including any minority opinions. .
(3) Taking into consideration the findings of the
aforementioned certified public accounting firm,
the evaluations of the aforementioned review
committee, and the degree of minority partic-
ipation in city contracts, the city manager
shall recommend one (1) or more of the pro-
posals for acceptance by the commission, or
alternatively, the city manager may recom-
mend that all proposals be rejected. If there
are three (3) or more proposals and the city
manager recommends only one (1), or if he
recommends rejection of all proposals, the city
manager shall state in writing the reasons
for his recommendation. In transmitting his
recommendation or recommendations to the
commission, the city manager shall include
the written reports, including any minority
opinions, rendered to him by the aforemen-
tioned certified accounting firm and review
committee.
1210
a_o
95- 281
i,lA:•
4 18.52.9 FINANCE
§ 18-53
0) Award. All contracts for unified development
based on various performance factors and es -
projects shall be awarded to the person whose
calation clauses or other economic adjustments
proposal is most advantageous to the city, as de-
may be included as appropriate to serve the
termined by the commission.
best interests of the city in achieving the
The commission may accept any recommenda-
most economical contract performance.
tion of the city manager by an affirmative vote of a (2)
Cost -reimbursement contracts. Cost-reim-
f majority of its members. In the event the com-
bursement contracts shall ordinarily be used
mission does not accept a proposal recommended
for those purchases of goods and services or
by the city manager or does not reject all propos-
sales and leases where the terms, conditions,
1 als, the commission shall seek recommendations
specifications and other factors of the contract
directly from the aforementioned review commit-
cannot be specified with a high degree of cer-
tee, which shall make a recommendation or rec-
tainty or the use of fixed -price contracts is
ommendations to the commission taking into ac-
not likely to result in substantial competi-
count the report of the aforementioned certified
tion between bidders or offerors willing to
public accounting firm and the evaluation criteria
compete for the contract. Incentives based on
specified for the review committee in the request
various performance factors and escalation
for proposals.
clauses or other economic adjustments may
After receiving the direct recommendations of
be included as appropriate to serve the best
the review committee, the commission shall, by
interests of the city in achieving the mosteconomical
`
an affirmative vote of a majority of its members:
contract performance.
(1) Accept any recommendation of the review com- (3)
Blanket orders. The chief procurement officer
! mittee; or
or individual purchasing agents may issue
purchase orders for indeterminate amounts
(2) Accept any previous recommendation of the
of repair parts, supplies and services to the
city manager; or
account of any department or office, but only
(3) Reject all proposals.
when based upon a definite contract or price
All contracts for unified development projects
agreement which shall be negotiated in the
same manner as if the item to be purchased
shall be signed by the city manager or his desig-
thereunder were to be individually purchased
nee after approval thereof as to form and correct-
or contracted for under the provisions of arti-
ness by the city attorney and approval by the city
cles IV and V of this Code. Such orders shall
commission. (Ord. No. 9572, § 1, 2-10-83)
state a specific monetary limit which may
City code cross reference --Minority participation in uni•
not be exceeded except on written approval
Pied development contracts, § ls•73.
by the chief procurement officer.
Sec. 15.53. Types of contracts. (4)
Multiyear contracts.
(a) Subject to the limitations of this section,
(i) Unless otherwise provided by law, a con -
any type of contract which will promote the best
tract for supplies or services, sales, or
interests of the city may be used, except that the
leases may be entered into for any period
use of a cost-plus contract is prohibited.
of time deemed to be in the best interests
(1) Fixed -price contracts. Fixed -price contracts shall
of the city, provided that the term of the
ordinarily be used for those purchases of goods
contract and conditions for renewal or
and services or sales and leases where the
extension, if any, are included in the in -
terms, conditions, specifications and other fac-
vitation for bids or request for proposals,
tors of the contract can be specified with a
and provided that funds are available for
high degree of certainty and where use of a
the first fiscal period at the time of con -
fixed -price contract will result in substantial
tract award. Payment and performance
competition between bidders or offerors will-
obligations for succeeding fiscal periods
g g p
ing to compete for the contract. Incentives
shall be subject to the availability and
Supp. No.10
1211
9 5 - 281
} A 10
s: 3
tWA,
Subpt. A
CHARTER
§3
other evidence of city indebtedness shall be
(ii) To acquire or dispose of services inside
imposed on the bonds of the city.
or outside the city, by purchase, gift,
(b)
Streets, parks, bridges, sewers, grade cross-
or otherwise for any purposes of the
ings, speed of vehicles, services and rates of
city.
(iii) To lease to or contract with private
motor vehicle carriers: To pave, grade, curb,
firms or persons for the commercial use
repave, macadamize, remacadamize, lay out,
or management of any of the city s wa-
open, close, vacate, discontinue, widen, and
terfront property, but only in compli-
otherwise improve streets, alleys, avenues,
ante with the other requirements of
boulevards, lanes, sidewalks, parks, prom-
this charter and on condition that:
enades, and other public highways or any
(A) the terms of the contract allow rea-
part thereof, and to hold liens thqrefor as
sonable public access to the water
hereinafter provided; to construct and main-
and reasonable public use of the
fain bridges, viaducts, subways, tunnels,
property, and comply with other
sewers, and drains, and regulate the use of
charter waterfront setback and
all such highways, parks, public grounds,
view -corridor requirements; and
and works; to prevent the obstruction of
(a) the terms of the contract result in
such sidewalks, streets, and highways; to
a fair return to the city based on
abolish and prevent grade crossings over
two independent appraisals; and
the same by railroads; to regulate the op-
(C) the use is authorized under the then
eration and speed of all vehicles using the
existing master plan of the city;
streets, highways, and railroads within the
(D) the procurement methods prescribed
city; to regulate the service rendered and
by ordinances are observed.
rates charged by busses, motor cars, cabs,
Any such lease or management agree-
and other vehicles for the carrying of pas-
sengers and by vehicles for the transfer of
ment or proposed extension or modifi-
baggage.
cation of an existing such lease or man-
agement agreement which does not com-
(c)
Special or local assessments: To impose spe-
ply with each of the above conditions
cial or local assessments for local improve-
shall not be valid unless it has first
ments as hereinafter provided and to en-
been approved by a majority of the vot-
force payment thereof.
ers of the, city. _
(d)
Contracting debts and borrowing money:
Nothing herein contained shall in any
Subject to the provisions of the Constitu-
manner a5ect or apply to any project
the financing of which has been pro-
tion of Florida and of this charter, to con-
tract debts, borrow money, and make and
vided by the authorization of bonds to
issue evidences of indebtedness.
be issued by the city.
(e)
Expenditures: To expend the money of the
(g) Public'property and improvements• To make
city for all lawful purposes.
and maintain, inside and outside the city,
public improvements of all kinds, includ-
(f)
Acquisition and disposition of property and
ing municipal and other public buildings,
services:
armories, markets, and all buildings and
(i) To acquire by purchase, gift, devise,
structures necessary or appropriate for the
condemnation or otherwise, real or per-
use of the city; to acquire by condemnation
sonal property or any estate or inter-
or otherwise all lands, riparian and other
est therein, inside or outside the city,
rights, and easements necessary for such
for any of the purposes of the city; and
improvements; and to rent or lease from
to improve, sell, lease, mortgage, pledge,
any person any land or building within or
or otherwise dispose of such property
without the city or any part thereof for any
or any part thereof.
municipal purpose.
Supp. No. 27
9 5 _
281
A-11
O"t.,
3
1
CHARTER AND RELATED LAWS
i to be contributed for maintenance of the
fund.
(11) Airports and landing fields: To acquire by
purchase, lease, condemnation, or otherwise,
I lands inside or outside the city limits for
use as landing fields or airports; to con-
struct and equip thereon or on other prop-
erty of the city such improvements as may
be necessary for that purpose; to operate
and maintain such facilities; to provide rules
and regulations governing their use and
the use of other property or means of trans-
portation within or over the same; and to
enter into contracts or, otherwise cooperate
with other government entities or other pub-
lic or private agencies in all matters relat-
ing to such facilities; otherwise to exercise
such powers as may be required or conve-
nient for such establishment, operation, and
maintenance; to levy taxes for any such
purpose; unless such facilities shall have
been acquired by lease, to issue bonds to
pay the cost of such facilities; and to grant,
deed or dedicate lands, with or without con-
sideration, to other governmental entities
! for use as landing fields or airports. (Laws
of Fla. (1929), ch. 14234)
(mm) Building and zoning.-
(i) To provide by ordinance building, plan-
ning, and zoning regulations and re-
strictions governing the height, num-
ber of stories, method of construction,
type, and size -'of buildings and other
structures; the percentage and portion
of the lot or site that may be occupied-,
the size of the font, rear, and side yards,
courts, and other open spaces; the lo-
cation, use of buildings, structures, and
} land for trade, industry, residences,
apartment houses, and other purposes;
and the widening and future widening
of streets in zoned street areas that the
city may establish. Such regulations
may provide that a boardd of appeals or
ii the city commission may determine and
1 vary the application of building, plan-
ning, or zoning ordinances in harmony
with their general purpose and intent.
Sum No. 27
4 A-12
Subpt. A
(ii) In order to preserve the city's natural
scenic beauty, to guarantee open spac.
es, and to protect the waterfront, any.
thing in this charter or the ordinances
of the city to the contrary notwithstand-
ing, neither the city nor any of its agen-
cies shall issue building permits for
any surface parking or enclosed struc-
tures located on Biscayne Bay or the
Miami River from its mouth to the N.W.
5th Street Bridge,
(A) which are not set back at least 50
feet from the seawall (where* the
depth of the lot is less than 200
feet, the setback shall be at least
25 percent of the lot depth), and
(B) which do not have average side
yards equal in aggregate tc at least
25 percent of the water frontage of
each lot based on average lot width.
(iii) The above setback and side -yard re-
quirements may be modified by the city
commission after design and site -plan
review and public hearing only if the
commission determines that the modi-
fications requested provide public bene-
fits such as direct public access, public
walkways, plaza dedications, covered
parking up to the floodplain level, or
comparable benefits which promote a
better urban environment and public
advantages, or which preserve natural
features. Wherever setback, side -yard,
or site -plan review requirements of,zon-
ing ordinances are greater than the
foregoing requirements, such greater
requirements shall govern.
(iv) These requirements shall not apply to
docks and appurtenant structures, single-
family residences and appurtenant struc-
tures, and waterfront industrial uses
along the Miami River and at the Port
of Miami. Nothing herein contained shall
in any manner affect or apply to: the
City of Miami/University of Miami
James L. Knight International Center
and hotel facility, including all improve-
ments thereon, or to lands and projects
which the city commission has approved
95- 281
Subpt. A
CHARTER
a3
prior to September 18, 1979, by devel•
ing the existing waterworks system; to issue
�i opment order pursuant to chapter 380
promissory notes and certificates of indebt-
of Florida Statutes of a planned area
edness, and to secure same. by an assign -
development pursuant to article XXI-
ment of all net rentals and net revenues,
t 1, City of Miami Comprehensive Zon- ;
after the payment of all operating expenses
ing Ordinance or which have received
and fixed charges, including interest on the
site and development plan approval,
debt so created, and all debt created for the
including Plaza Venetia, Phase II, Reso-
construction of such work, derived from said
lution No. 72-113, April 20, 1972; Res-
waterworks system or any portion thereof,
olution No. 72.114, April 20, 1972: and
until moneys so borrowed shall have been
Resolution No. 72-416, July 20, 1972.
fully paid; to mortgage the entire water-
1 (nn) Borrowing to erect and add to public build-
works system or any portion thereof to make
ings: To borrow money for the erection, con-
necessary repairs; and to pledge the net
struction, and furnishing of public build-
revenue derived from said system, until said
ings, including hospitals, city office build-
money shall have been fully repaid. Not.
ings, city halls, and other municipal struc
withstanding the foregoing, no tax shall
tures; to borrow money for the purpose of
ever be levied nor money taken or diverted
building additions to public buildings now
from the general funds of the city for the
} owned by the city; to execute notes and
Payment of the indebtedness authorized by
other evidences of indebtedness, and to se- ,
this section.
cure the same by a mortgage upon said
(pp) Borrowing to purchase, hirA maintain, op -
buildings and the land upon which the build-
erate, or lease public utilities: To borrow
ings may be located; to pledge and hypoth-
money for the purpose of constructing, pur-
ecate the net. revenue, after the payment of
chasing, hiring, maintaining, operating, or
i all operating expenses and fixed charges,
leasing local public utilities, including street
including interest on the debt so created
railways, electric light lines, and equipment
and on all other debt created in the con-
necessary for supplying the city and its in-
struction of such building, as well as to
habitants with transportation, illumination,
pledge and hypothecate the net revenue
power, water, ice, and gas for heating and
derived from such buildings and the land
illuminating; to mortgage the public utili-
upon which they stand, all for the purpose
ties so constructed, purchased, hired, main -
of securing the repayment of money bor.
twined, operated; to issue promissory notes _
rowed to be used in such construction; to
and certificates of indebtedness evidencing
issue certificates of indebtedness secured
the existence of the indebtedness created
by the net receipts from the use or rental of
by the borrowing of said money; to pledge
the buildings or additions to present exist-
and hypothecate the net revenue, after the
ing buildings erected or to be erected for
payment of all operating expenses and fixed
public purposes. Notwithstanding the fore-
charges, including interest on the debt so
going, no tax shall ever be levied nor money
created and all other debt created for the
taken or diverted from the general funds of
construction of such works, derived from
the city for the payment of the indebted-
the operation of such public utilities so con-
ness authorized by this section. (Laws of
structed or purchased, including said net
Fla. (1933), ch. 16561)
revenue derived from such street railway,
` (oo) Borrowing to provide adequate waterworks
electric light plant, telephone and telegraph
system: To borrow money for the purpose of
system, and water, ice, and gas plants; to
providing an adequate waterworks system,
pledge such net revenue until the money so
including new water lines, and for the pur-
borrowed shall have been fully repaid. Not -
pose of repairing, improving, and extend-
withstanding the foregoing, no tax shall
Supp. No. 27
A-13 9 5 — 281
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
Ordinances No.10062 and No. 10538
95- 281
95- 281
FINANCE
ARTICLE N.S. MINORITY AND WOMEN
BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM*
Sec. 1"7. 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, 4 8, adopted Dec. 19,1985,
repealed Ord. No. 9775, 46 1-8, adopted Jan. 19, 1984, codi-
fied as 1 18.72, concerning the minority procurement progi am.
At the discretion of the editor. 44 1-7 of Ord. No. 10062 have
been codified as art. rV.5, 44 18.67-18.74.
City code cross reference —Lease of city -owned property
to require minority procurement clause, 4 2-M.
County code cross reference —Procedure to increase par-
ticipation of Black vendors of commodities and services in
county contracts, § 2.8.2.
Supp. No. 32
§ 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-
tent 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 (51) 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. Set -asides
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, § 11
1-12-89)
1217
95- 281
HIM
§ 18.69
Sec. 18-69. Established; components.
MIAMI CODE
(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 to 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 general 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 -owned business enterprises,
authority for a minority and women -owned business
enterprise procurement set aside is 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, § 4A,12-19-85; Or(L No. 10538, § 2,1-12-89)
Sec. 18.73. Required statements for solicita-
tions or notices; required state.
ments on contracts and awards.
(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 con-
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
1218
B- 2
95- 281
§ 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) 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.
(3) 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 nonminority 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 MAP). Any signif-
icant equity participants, joint venture par-
ticipants, subcontractors, suppliers or other
Supp. No. 32
§ 18.74
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 city
take certain actions designed to assure equi-
table participation of Blacks, Hispanics and
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
MfWBE affairs and shall demonstrate a
good faith effort to ensure equal employ-
ment 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-
tion requirements of this section, the city
manager may suspend in whole or part,
cancel or terminate the bid or contract
award and/or impose other sanctions as
may be determined to be appropriate.
(6) A provision specifying the requirements -.for
continued bidder or offeror eligibility includ-
ing minority and female involvement. (Ord.
No. 10062, § 4B, 12-19-85; Ord. No. 10538, §
3, 1-12-89)
Crone reference—AH-irmative action division, § 2.236.1.
Sec. 18-74. Good -faith effort required.
Bidders or offerors shall be required to demon-
strate a reasonable and good faith effort to solicit
and obtain the participation of qualified minority
and women -owned businesses in all bid and pro-
posal documents. (Ord. No. 10062, § 5, 12-19-85)
1219
B-3
95- 281
L-41
§ 18-75
MU)c 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 .(51) 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 -Sections 1 and 2 of nonamendatory Ord. No.
10332, adopted Oct. 22, 1987, have been codified as 1 18-75 at
the editor's discretion. 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 M/WBE bid or con-
tract requirements result in contracts, subcontracts
or joint ventures for M/WBEs, that compensation
provided pursuant thereto shall be in the form of
Supp. No. 32
1220
B-4
§ 18.78
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 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 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.
s''ble 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 M/WBE bid and con-
buWaward 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)
J-85-944
10/11/8s ORDINANCE No. 1 006 2
AN ORDINANCE REPEALING ORDINANCE NO- 9175,
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 AND WOMEN BUSINESS AFFAIRS ' AND
PROCUREMENT ORDINANCE OF THE CITY OF MIAMI,
FLORtOA,' ESTABLISHING A MINORITY AND 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 51 PERCENT OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
`TO BUSINESSES OWNED BY BLACKS (17%),
HISPANIC$ (17%); AND WOMEN (17S); AUTHORIZING
Ut CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET-AStOES AND CONTRACT PROVISIONS; PROVIDING
FOR THE DEVELOPMENT Of PROCEDURES, MEASURES
AND RESOURCES TO IMPLEMENT SAID PROGRAM.
GOALS AND OBJECTIVt3;, AND CONTAINING A
SEVERABILITY CLAUSE:.
WHEREAS; Ordiaoaee No. *775 dealing.. with minority
procurement has been 'found to be is aced of revision and
modification to strengthen the effeetiveaess at the City of
Miami's Minority Procurement Policy and Prograi; and
WHEREAS; the City Commission; in repealing Ordinance No.
9775 and in adopting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
authorized pursuant to the Charter of the City of Miami,
Sections 52 and 53; and the Nuaieipal Home Rule Powers Act of
1973, Chapter Idd.001 at seq., Florida Statutes, as amended; and
WHEREAS; the U.S. Supreme Court has upheld Dade County
Ordinance No. 82-61; adopted July 20, 1904; restricting bidding
on construction projects to flack -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 women -owned businesses from the City's procurement process
for the fiscal years between 1971 and 1981;•and
WHEREAS, this Ordinance will privent the perpetuation of
the effects of prior unwarranted discrimination which has
95- 281
1
B-5
i
Y! heretofore impaired; iimited or foreclosed procurement and
contracting opportunities for businesses owned by Blacks;
Hispanics and Women with•tho City of M1821; and
' YHEREAS; the City of Miami has establfshad a policy of
constructive affirmative action to eliminate substa-ntiaily the
effects of prior discrimination; and
WHEREAS; the proposed Minority and wanes Business Affairs
and Procurement Program and Policy eontatns re4utr0mentss (a)
that those who contract with the City of Miami in the areas of
i
procurement shall not discrimfnats against any business,
employee or -applicant far employment because of ago, ethnicity,
i
race; cr0ed;.color; religion; sex; national origin; handicap. or
marital status; and (b) that such city contractors have and
4 impiement an Affirmative Action or,E4941 Employment Opportunity
policy to ensure that such businesses; emp167e00 or applicants
i for employment are treated e49411Y without regard to age,
ethnicity; race, creed, color; religion; sox, national origin,
handicap or marital status, and
jVVEREAS, implementation -of this ordinance will serf* the
best interest of the City and will maximise the opportunity for
small business concerns owned and 'controlled by Blacks,
Hispanics sand women to procure or contract with the City of
i Miami in the area of procurement; and
J VHENIAS; to be effective it is necessary and desirable to
establish top the City of Miami a Minority and women Business
Affairs Procurement Program with the appropriate goals,
objectives; administrative procedure and resources; and. adopt
legislation remedying the affected HIS11461c, Black and women-
owned businesses;
NOV, THEREFORE; BE IT ORDAINED BY THE COMMISSION Of THE
CITY Of MIAMI; FLORIDA%
Section 1. This Ordinance shall be known and may be cited
as 'The Minority• -and Vases Business Affofrs and Procurement
Program Ordinance of the City of Miami.'
Section 2.• for the purpose of this Ordinance. the
following terms phrases, words, and their derivations shalt have
the following meanings:281
_
•2
B-6
A. business _'Enterprise means any corporation;
partnership; Individual; tole proprietorship; Joint stock
company, joint venture; professional association or any other
legal entity, that is properly licensed to do business with the
` City of Miami and/or Dade County and/or the State .of Florida.
} .B. Minority and Women-Qwned Business Enterprise means
a busint o enterprise io which.st least SI percent of said
enterprise Is owned by blacks, Hispanic$ or Women whose
management and daily business operations are controlled by one
or more flacks; Hispanics or lines.
I
C. Contract mean$ agreements for the procurement of
goods; services or construction of facilities feu the City of
Miami.
0. Facilities Sean$ all total -or partial publicly
financed projects Including; but without limitation, unified
development projects, municipal public works and municipal
improvements to the extent they are financed with City money,
otili=e City property;"Or require City services.
' t. Goods and services include; without limitation,
public works, improvements; facilities; professional services,
commodities; supplies, materials and equipment.
f. Coal means the percentages of the annual dollar
volume of procurement expendituTts, determined by this ordinance
to be offered for Minority and Mon** business participation.
G. Set aside is the term which will be used to
fdesignate a given purchase or contract or a portion of a given
purchase or contract award for $lack, Hispanic and/or Women-
owned businesses. Set -asides Say only be utilized where it is
determined; prior to the lisvitatlon to -bid or request for
proposals, that there are a s0ficient number of certified
1 Black, Hispanic and/or Women -owned businesses to afford
effective competition for the purchase.
} H. Joint Venture shall mean an association of persons
or legal entities with the Intent to engage ins and carry out a
•single business enterprise for profit.
3
B-7
0062
95- 281
i
1. Procurement Expenditures shalt mean a purchase,
payment, distritiutioo; loan or advance for the purpose of
acqulring or providing goods and services.
J. Affirmative Action Pi'an shall include the
_? projected annual goals and the timetables which will be used to
employ and/or procure with wagon and minorities a non.
i discrimination policy statement and any other actions which will
be used to ensure equity in. empioyment and 'the utilization of
minority and femaio-owaed besinesses.
Section 3. A Minority and Women Business Affairs and
i Procurement Program for the City of Miami is hereby established.
The City Managers Offic• shall be held accountable for the full
and forceful lmplementstion of the Minority and Women Business
Affairs and Procurement Program by providing appropriate
recommendations for action by►.the City Coamission.
I
i A. For the purpose of assisting the City Manager in
the implementation, or. sasm ogugram; a Minority► and Women
Business Affairs and Procurement Committee is hereby
established. consisting of an appropriate AvAer of members,• to
be appointed by the City Managero with full representation of
Hispanics. •lacks and Yomon to be responsible for monitoring the
1 implementation of the program and waking recommendations for
achieving the requirements of this Ordinance. The Co"Ittae
shall be responsible for generating yearly progress reports to
the City Commission and the community at large.
as The City ilanager shall, utilizing existing
resources, create an Office of Minority and Women Business
Affairs and Proeurement; and shall• provide the appropriate staff
and resources necessary for the performance of all such
administrative duties;. authorise .and • Implement the
jadministrative guidelines and procedures required; and ensure
compliance with the functions . required to promote the
} achievement of the program's goals and objectiv#s of increasing
the volume of City procurement and contracts with Slack,
j Hispanic •nd Women -awned businesses.
-4
B-8 .
10062
95- 281
i
Section 4; The obJeetive of the City is to achieve a 4041
of awarding a minfeum of 51% of the total annual dollar volume
of all procurement expendituros.to Blacks, Hispanfcs and
Women -owned business enterprises to bo apportioned as follows:
seventeen percent (17S) to slacks; seventeen percent (17%) to
` Hispani.cs and seventeen pareeat (17%) to tiomen.i
A. To further the goal of Inere46i89 the total annual
volume of all procurement expenditures to minority and woeon-
owned business enterprises, authority for a minority and women -
owned business enterprise procurement set -aside is hereby
i
7 ostablIthed for use by the City ilanager as he or she may deer
_} advfsabli or necessary to Increase the participation of Black,
hispanic• and 1lomen•owned businesses in City procurement
contracts.
B. It shell be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(1.) A specific rstorence to the applicability
of the Minority end Boren Business Affairs.. —mad Procurement
Program established by this Ordinance;
(2.) A provision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into; including ellmfastica of the fndlvfduai(s) and/or
business onterprise(s) from consideration and participation in
future City contracts; on the basis of havial submitted
deliberate and willful; false or ■fsloadi'ng information as to
his, her or its status as a Black, Hispanic and/or Hoean-owned
businesi enterprise and/or the quantity and/or type of minority
and women -owned business participation;
(3.) A requiremeat -that each successful bidder
or offeror agree to•provida a sworn statement of compliance with
the provisions of this Ordinance and its specfffc applicability
to the purchase or contract award under consideration., such
statement Shall certify that the bidder or of force,' during the
1 Women. depending upon their own annual salf•saloction, shall be
listed in only one (1) of the Categories: race. ethnicity,
gender.
10062
281
R-Q
course of tint 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, handicap or marital status;
(4.) A statement of the extent to which the
business enterprise has as on* or wort of its partners or
principals persons who are $tacit; Hispanic or Women; or is a
Joint venture comprised of a Ron -minority and minority business
and/or women -owned enterprise.
(5.1 A requirement that each bidder submit' along
with the bid or proposal an Affirsative Action Plan (AA'). Any
significant equity participants; Jofnt venture participants,
sub -contractors; suppliers or other parties to the bid or
shall also be required to submit such plans.
:3.) A.provisioq specifying the regvirements for
continued bidder or offerer eligibility including minority and
female involvement.
Section S. h riders or offerors shall be required to
demonstrate a reasonable and good faith effort to solicit and
obtain the participation of qvalified minority and women -owned
businesses in all bid and proposal documents,
Section S. txcept where federal •or state law or
regulations mandate to the Contrary; the provisions of this
section will be applicable to all City of Miami. preefd. bid.
Contract or other agreements negotiated by the City:
Section 7. The Nin4ritq awd Women $uliRess Affairs and
Procdroment Program established herein shall be is effect only
Until tech time. as the effects of prior• unwarranted
discris.ination against !lacks; Hispanics and Women have been
Compensated for, at which tine the goals and set -asides provided
for herein shall 'no longer be observed. Such need shalt be
reviewed every two yeari by -the City Commission, upon the
recommendation of the City Manager.
Section $. Ordinance No. 9779, the Minority. procurement
Program Ordinance of the City of Miami, Florida, is hereby
repealed.
- J
1006.2
95- 281
n 1 A
Section 9. Should any part or provision of this Ordinance
beldeclared by a Court of Fotapetent jurisdiction to be invalid.
Same shall not affect the validity of the Ordinance, as a thole.
PASSED' ON FIRST READING BY TITLE ONLY this 26ch day of
ttov�ebte a 1965.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY 'this 19th day of o.eeubor
ATTEST;
• miyap
' IRAI _
City Clerk
PREPARED AND APPROVED BY;
A. •It
Deputy City ttorney
APPROVED ASTO FORM AND
CORRECTNESS)
Aza ;7,. �t aa--
f City Attorney
AQJ/tr0c/pb/ab/8136
L J.�Ckrk ei the City of {anrt. flerid�.
btrtht te"ih chat 6-011m _ d y ..1 _ —
A. CL H & a t"N. rntt Dad o•me } of 1h• JN-
1to1 w tpanr -.Hunt* ia• r..+cd of the S.wth !'A•K
..I 11W t:mk C..nn1;. C.wn 11..,W K 1hJ pL•.Y pr--V4JrJ
low q.+tit» anJ p1t:i iu.ui�e.. by st.x6iar .tIJ e.M.. 1..
sett pwa p44.".;t 10.ttth r.
1r:1T 12W 1Nt iunJ the ullkial t.=1 ..1 mid
Ckr tme U.
147 Ckrk
1,005.2
95- 281
R-11
J-88-1153
1/12/09
ORDINANCE NO. JUS3R
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED
"FINANCE", OF THE CODE OF THE CITY OF MJAM1,
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 OF AWARDING AT LEAST FIFTY-ONE
PERCENT (519) OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED
TO ALL CITY 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.
" Ftor-3
lIq
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 (APh 4-86),
issued October 1, 1986, provides for the administrative
implementation of Ordinance No. 10062; and
1. WHEREAS, it has been determined that there is further need
for legislative relief to obtain said goals, particularly as it
B-12
10 538 -
4A.-
,J
relates to the City's bid, proposal and contract process and the
resulting documents on a bid/contract by bid/contract basis to
achieve the annual goals; -
NOW, THEREFORE, -BE IT ORDAINED BY THE COMMIS910H OF THE CITY
OF MIAMI, FLORIDAs
Section 1. Section 18-68, is hereby amended in the
following particulars.'l
"Sec. 18-68. Definitions.
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have
the following meanings:
i
Minority and women -owned small business enterprise
means a business enterprise in which at least fifty-one
percent (51%) of said enterprise is owned by Blacks,
i Hispanics or Women whose management and daily business
operations are controlled by one or more Blacks,
Hispanics or Women and who employ a maxixguyi of twenty-
five (251 employees or have a net worth not in excess
af twq million dollars.'
i
r • a
vendor means any business entity providing goods,
services or equipment to the City of Miami through a
purchase, field or blanket order or contract."
Section 2. Section 16-72(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
f o l l ows
Seventeen percent (17%) to Blacks, seventeen
percent (17%) to Hispanics and seventeen percent
(17%) to women; sUch uoal shall be applied to all
city bids and contracts."
Section 3. Section 18-73 is hereby amended by adding the
following languages
"Seg. 18-73. Reamired stateMents for solicitations or
notices: required statements on contracts
and awards.
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 uViged
material.
-2- J-0538
IQ_,11
0
h.L It shall be mandatory for all City contracts
and/or procurement award documents to contain the
following:
k i d
(5) A requirement that each bidder, proposer, 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 is to require that
bidders, proposers. and vendors doing business
with the City of Miami take certain actions
i designed to assure equitable partic Action of
Blacks. Hiaoanics and Women in their hiring and
promotion activities, In view of this objective:
�1•• q 1• • 1 . M. V a = •:mr
1,- • • a • 1 • • 1 1
" 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
with the provisions as set forth herein.
.281
-3- 1Uil38
B-14
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/WBE9,
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/woman 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/WBE, 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 and 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 , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY '
this 12th day of January 19 89.
?%/ XAVTER L. :EZ., Mayor
MATA`Y HIRAI
City Clerk
9 2S I
-4- 1053E
B=15
�PREPARED AND
APPROVED BY:
LINDA K. KEARSO
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JQR E L. FER ANDE2
Cit Attorne
LKK/pb/bes/M424
-5-
R-1 Fi
0
APPENDIX C
Virginia Key Master Plan
(selected excerpts)
281
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SUMMARY OF
RECOMMENDATIONS
The Virginia Key master plan
proposes public policies for land use
and land ` management, including
development implementation and funding
strategies. Major recommendations
include:
LAND USE
■ Environmentally sensitive areas
including tidal flats, mangrove tidal
marshes, beach/dune systems, and
coastal hardwood hammocks shall be
undisturbed and undeveloped, restored
when necessary, and protected from
inappropriate public activity.
■ The open public beach area should
remain as a public park for picnic
and swimming use with limited
concessions serving park users.
■ The former Virginia Key Beach park
area should be privately developed
for active public recreational uses
and camping with an emphasis on
natural resource based activities and
open space.
■ Marine Stadium and the basin should
remain dedicated to the staging of
competitive marine sports events,
concerts, and special event
presentations, with continued
emphasis on spectator viewing from
boats.
■ The marine services area west of
Marine Stadium should remain a
boating services center, but
reorganized functionally for more
efficient boat storage and parking,
better orientation of retail services
to the waterfront and with
limitations on commercial growth due
to limited parking space.
■ The northern point of the island
(dredge spoil fill) should be
utilized for active sports and
recreation/fitness facilities that
could also serve as an international
training center. A lodging facility
should be developed to serve the
facilities.
® The spoil fill area north of the
stadium basin should be reserved for
an environmental interpretive center
with limited public access for
educational, environmental field
studies.
■ "Shrimpers Lagoon" should be utilized
primarily for water recreational
activities (paddle boats, canoes,
etc.) with controlled access and
limited supply services for sport
fishing/commercial fishing boats.
■ The Marine Stadium basin shoreline
immediately southeast of the
grandstands could aecomodate retail
food services, setback from the water
and preserving public access to the
shore.
v
Ob
u
■ Major competitive marine events at
the Marine Stadium should better
utilize an improved and enhanced
basin shoreline (its full length) for
spectator viewing.
• The marine sciences park dedicated by
' Dade County should remain a resource
for expansion for governmental and
educational research facilities.
■ Private marine recreational clubs
should be allowed but confined to the
Stadium basin's southeast corner.
LAND MANAGEMENT
N The Marine Stadium should be
privately managed and promoted in
coordination with Planet Ocean and
the Seaquarium.
■ Development and management of the
former Virginia Key Beach site and
the island's north point should be
through private means defined and
controlled by the City's Unified
Development Process.
S Commercial uses should be water
related or dependent and confined to
the waters edge to promote and
enhance the public's use and
enjoyment of the waterfront.
■ Private recreational club leases
should require active public outreach
programs designed to open
recreational opportunities to the
general public, especially the
disadvantaged, handicapped, elderly,
and youth of the region.
■ The former dump site/land fill should
not be developed or open to public
use until hazardous land subsidence
and methane gas generation can be
confined to safe levels.
■ Public utilization of parking for the
Marine Stadium, Planet Ocean and
Seaquarium facilities should be
managed jointly for large events, and
interconnected with a tram system.
PUBLIC ROADS AND
U TILITIES
■ The public access road serving the
beachfront recreation areas and the
treatment plant should be rebuilt and
realigned to improve safety, reduce
beach area access conflicts, permit
westerly expansion of public park
parking lots, and improve access to
the north point of the island.
■ The service road along the perimeter
of the stadium basin should be
removed from the southern shoreline
with vehicular access to the northern
rim from the public beach access
road.
■ Truck access to the sewage treatment
plant should be diverted to a new.
road on the western perimeter of the
former dump site to reduce conflicts
with beach trafric.
■ Water and sewer facilities should be
extended from Rickenbacker Causeway
to the north point of the island.
i
Ot
y,..
n
® The sewage treatment plant, should
implement point source odor control
measures within three years.
IMPLEMENTATION
AND FUNDING
® Development of recreational
facilities, with the exception of the
existing public beach park, should be
through joint public /private means
defined and controlled by the City's
Unified Development Process.
® A special Virginia Key enterprise
fund should be established to receive
all revenues * generated from
leaseholds, concessions, special use
permits, and user fees.
w The Virginia Key enterprise fund
should finance required public
infrastructure, maintenance,
environmental enhancement, recreation
and educational programs.
Marine Stadium and the racing basin were built in 1961
Concerts have expanded stadium usage
Marine Stadium - The Marine
Stadium, a 200 acre basin and
6,500 seat grandstand expandable
by 2,500 bleacher seats, built to
stage power boat racing and
competitive marine events, is the
premiere facility of its kind on
the east coast and one of
America's finest. It could never
be duplicated in this time of
rigorous environmental laws and
permitting procedures. It- has
until recent years, however,
suffered declining use as a venue
for racing events whose national
center has shifted to the Great
Lakes and Pacific Northwest.
The recent upgrading of stage
facilities and promotional efforts
for concerts and special shows has
reversed the annual financial
losses of the stadium and returned
a small profit to the City, in,
1986. Additional structural and
mechanical upgrading of the
facility is, however, needed to
maintain the facilities'
competitive attraction for such
events vis-a-vis new outdoor
concert amphitheaters being built
in Dade County. Existing parking
facilities for 925 cars are
inadequate for a 9,000 seat
facility, (expanded with
bleachers) resulting in spillover
parking problems along
Rickenbacker Causeway.
00
n:
Marine Stadium — an irreplaceable sports facility.
33
MARINE RECREATION
The unique dimensions of Virginia
Key that distinguish it from other
public lands and recreation space in the
region are its extraordinary natural
environment, its bay setting and
unparalleled access by water for marine
recreation programs. The following land
use policies reflect the goal of
optimizing the island's marine
recreational opportunities;
1) MARINE STADIUM AND BASIN
The future of powerboat racing in
Miami is uncertain., but has enjoyed
some renewed interest with the recent
surge in recreational motorboat
sales. Given this uncertainty, there
has been consideration of
transforming all or a part of the
basin into a marina and mooring basin
for sailboats. Projected demand for
boat slips (1986 Biscayne Bay Aquatic
Preserve Management. Plan) shows need
for an additional 1000 wet and dry
slips (beyond those now planned) by
the year 2000. South Biscayne Bay is
a desired location for new slips
making Virginia Key an attractive
location. It is, however,
recommended that the basin be kept
open (not converted to a marina or
mooring basin) and available for
marine competitive boating events and
water shows. The recent three year
decline in sailboat sales and
contrasting rise in South Florida
power boat ownership raises further
questions as to the viability or need
for major new sailboat mooring areas.
Additional concerns about a
conversion of the basin to a marina
involve water quality and the present
inability of tides and currents to
adequately flush the Stadium racing
basin, an important factor in marina
design. Hurricane hazards further
reduce the attractiveness of the key
for expanded wet or dry boat storage.
Alternatives exist in Biscayne Bay,
most notably Watson Island, the Miami
River, and Dinner Key, for new and
expanded wet and dry slip storage,
but no such alternative exists for
marine racing events and water shows.
To maintain the economic
viability of the stadium, the stage
(barge) should be expanded and
permanently moored in front of
stadium (to reduce major costs in
moving it).. Programmed improvements
to the stadium seating area and
support facilities must be expedited.
If market analysis supports it,
expanded bleacher seating should be
provided at the sides of the stadium
(on land or floating wings) to
attract events in the +10,000 seat
range that are now lost to other
facilities in the area. Parking, a
critical need for major events,
should be expanded through joint -use
agreements with the Seaquarium and
Planet Ocean, which would yield a
potential 3000 total spaces. To
better complement with amphitheaters
to be built at Metrozoo and Bayfront
Park, and in recognition of the
proposed facility next door at the
.. p
Seaquarium, it is recommended that a
private management/promotion service
be contracted to operate the stadium.
Stadium management should join with
the Seaquarium to better schedule
events and gain advantage of natural
promotion opportunities to package
Stadium' events and visits to the
Seaquarium and Planet Ocean. This
would further reinforce the proposal
for shared parking between the three
facilities. A logical extension of
the joint promotion/shared parking.
arrangement would be the physical
linkage of the three facilities (4000
feet from Marine Stadium to the
Seaquarium) with an overhead tramway
or people mover (see Proposed_ Land
Use graphic). Major event parking
+20,000 attendance at races) or
same -day events on the island will
require remote spillover parking that
could be accomodated on the former
dump site (see preceding discussion
of Uncontrolled Land Fill Site.)
To enhance spectator viewing for
major racing events, it is
recommended that shoreline viewing
areas southeast of the stadium and
along the opposite northern shoreline
be improved through increased
landscaping, removal of exotic plants
(Brazilian Pepper, Casuarina) and
regular maintainance and trash
removal. The access road that now
follows the perimeter of the basin
from the stadium to the northwesterly
basin terminus should be relocated to
connect with the "treatment plant
access road" (see. Land Use Plan
graphic), and rebuilt north of that
A tramway linkage of Marine Stadium, Planet Ocean
and the Seaquarium is needed.
The northern shore of the basin is needed for spectator viewing.
34
r
00
point. This would remove the roads
shoreline conflict with the Rowing
Club and Planet Ocean, and allow for
buses and trams to bring spectators
to the basin's opposite shore for
major events.
2) COMMERCIAL MARINE SERVICES
Marine Stadium area provides for a
variety of commercial services that
enhance the public's access to and
use of the waterfront. The
accompanying graphic, Marine Stadium
DevelopmentConcept, provides
schematic recommendations for the
future use and organization of this
vital area. These include:
A) Reorganization 'of the boat
storage area to:
a) condense this area by
converting the surface
storage of boats (Marine
Stadium Enterprises) to more
efficient rack storage.
b) utilize the easterly portion
of area now in surface boat
storage (adjacent to stadium
entrance drive) for parking
to serve Marine Stadium and
relocated food service (see
below).
c) relocate present restaurant
from the center of the
parking lot to the indented
shoreline west of Marine
Stadium (leasehold expan-
sion). Add floating docks
35 A more efficient organization of the marine service area is needed.
cn
(that could be moved for
racing events) for the
relocated restaurant. Added
parking adjacent to the
stadium will serve the
restaurant.
d) move boat ramp to westerly
edge of indented area.
e) provide direct vehicular
access from the stadium
entrance area to the
relocated boat ramp and
Rusty Pelican/Horatios
restaurants.
f) move the Horatio's/Rusty
Pelican entrance drive
easterly twenty five feet to
allow for landscaping and
reduced pedestrian conflicts
in front of Horatio's.
ZIND
co
i®
MANSE
® DOAT STM$PE A}at SERVICE
MAAM RECREATIONAL -CLUES
® MARM AECAEATICNM.-COMMEACIAL
® MARINE ENPOSMN
V R G I N' i II KS'
M A 5 T E R P L-Aml
g) provide landscaping of basin
shoreline along entrance
drive and parking lot for
the Rusty Pelican
restaurant.
h) limit additional restaurant
i facilities from the area
that would utilize boat
service parking or restrict
the space or functioning of
boat storage, maintenance,
and service activities.
Restaurants should locate next to water's edge -
not causeway.
B) Expansion of food service
facilities along the basin
shoreline easterly of the
stadium toward the Miami Rowing
Club. Within the stadium area
there is demand for a greater
variety of food services,
particularly lower cost fare.
Such facilities should not be
located along the Rickenbaeker
Causeway frontage. The
aforementioned principles of use
and treatment argue against
"strip, highway commercial" as
inconsistant with the islands
public park character. The
temptation to "take advantage"
of considerable traffic and a
roadside exposure on the
causeway would not enhance the
public's "access to and use of
the waterfront", a basic
rationale for service commercial
uses. The appropriate location
would be to set them back fifty
feet from the basin edge with a
public landscaped walk and
viewing lawn along the water,
connecting a sequence of food
services to the stadium.
Spacing of structures would have
to allow for required views
through to the water (County
Shoreline Ordinance). Parking
during non-event times would be
plentiful with direct pedestrian
access to the commercial uses
from the parking lot, and during
marine racing events the food
service areas can become an
extension of event seating and
concessions.
34
3) MARINE CLUB ACTIVITIES It is
consistent with the objectives and
principles of this plan to encourage
marine recreational clubs on
Virginia Key that add a dimension to
recreational activities which local
I government cannot provide. It is,
as recommended above for
sports/athletic club activities,
important that in granting the
privilege to conduct "members -only"
activities, that "out -reach"
programs be required as a part of
club lease agreements.
Specifically, education, training,
and competitions open to the general
public must be hosted by the private
club. Programs to serve especially
the underprivileged, handicapped,
and youth that have no access to
these activities are expected.
The plan recommends that future
leases that may be granted by the
Commission be confined to the area
in the southeastern corner of the
basin as indicated on the Proposed
Land Use and also the Marine Stadium
Development Concept graphics This
particular location is the only
remaining uncommitted site on the
basin that is not constrained by
mangrove tidal marsh and affords
enough area for adequate parking.
Access should be from the existing
treatment plant access road.
The service drive along the waters edge should be removed.
The basin's S.H. corner could accomodste
37 new marine club activities.
c�
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EXHIBIT I.
SKETCH OF SURVEY
MMMIRM
BOUNDARY S U R V E Y
Mni Efl 0 MF SUM 0 M f1 VC ROM
APPAPEW uS Ir or v
SHOAELINE g m Or
� �Nu� � � � APPARENT 5}IDRELINE
SIT 5/0• IB. ` ?1 Arr...w s—;-"k
[7871 J ,� _1...
us'tr9ry � — �tutTi't AG'BETDBiDWsrANai f 1
[AEC L Me 551. sr } <•"� 33 m)/,.u. INrWOrY SXL SY No.Oo' {4
"CINO.IK' Ll.fv f • • N f+a. tr r . .�, O'C\O
ec LlF CA I� try � {i
in LINO MINI
EAST LIN[ 0,
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SLT FA
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,n; FA.NAI4
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PFB OP OLD LEAS[ L7N[
h,
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"RICKENBACKER
R(HING CLUB LEASt
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6VRVATOA'S NOTBB.-
SURVEY TYPRI BOVHDAAT
A 45'2ror,
DESCRIPTIONS
ORIGIN Or UrAL DESCRIPTIONS CC?tHATION OF OLD LEASES AND S[ETCO
L S t
FROM URPARTNBNT OF PUBLIC
�--�
UASIO FOA DENIMC9r CBNTtRLINtl OF 'RICALNRACXLR CAUSS.AI• tlENl1
MORTB lS rl'07• N[B}•
'AIOxguo1R t,US[,Ir
OUD]EC1 TO NIORTS OF NAYS, BASEMENTS ANSI ESSER MATTERS NNICB MIOHT
Y
BB YOUH0 ON INS PUBLIC RECORDS OF TRIE COUNTY,
AS FOR I" UCTIONS FROM TAB PUBLIC VORIS OEPNTHENT NE HAVE LOCATED
ONLY MAIN BUILDING AND TUB FENCES NEAR TOO BOUNOAAV LINES NO OT S0
1 MPAOVENENT3 LOCATED.
TOO SRORELINO SHOWN BEREON IS AN APPROXIMATION BASED ON PERSONAL
OBSERVATION NO DOSE NOT PURPORT TO REPRESENT TOE MEN SIGN WATER
LINE AT TOR ABOVE LOCATION.
NDAS COMPUTED TO INS APPARENT SHORELINE AS DETERMINED On 10/17194.
a
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LEGAL DESCRIPTION. -
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 54 SOUTH,
RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF
SAID SECTION 17, NORTH 89-56'49.5" WEST FOR 2,649.84 FEET TO ITS
INTERSECTION WITH THE CENTERLINE OF "RICKENBAKER CAUSEWAY" AS SHOWN
IN "TOE METROPOLITAN DADE COUNTY BULHEAD LINE" ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 74 AT PAGE 9 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; THENCE ALONG SAID CENTERLINE NORTH
45-22'07" WEST FOR 1,374.62 FEET; THENCE NORTH 44-37153" EAST FOR
240.45 FEET TO THE POINT OF BEGINNING; (1) .- THENCE NORTH 45-22'07"
WEST PARALLEL WITH AND 40.45 FEET OF THE NORTHEASTERLY RIGHT OF WAY
LINE OF SAID RICKENBAKER CAUSEWAY FOR A DISTANCE OF 1670.99 FEET TO
A POINT; (2).-THENCE NORTH 05-43109" WEST FOR 36.07 FEET TO ITS
INTERSECTION WITH A LINE PERPENDICULAR WITH A POINT IN THE CENTER
LINE OF SAID RICKENBACKER CAUSEWAY DISTANT 3073.07 FEET FROM THE
INTERSECTION OF SAID CENTER LINE (AS MEASURED ALONG SAID CENTER
LINE) AND THE SOUTH LINE OF SAID SECTION 17. (3).- THENCE NORTH 44-
37'53" EAST FOR 441.68 FEET MORE OR LESS TO ITS INTERSECTION WITH
THE APPARENT SHORELINE OF THE MIAMI MARINE STADIUM LAGOON; (4)
THENCE ALONG SAID SHORELINE FOR 301.00 FEET MORE OR LESS TO ITS
INTERSECTION WITH A LINE 297.62 FEET SOUTHEAST OF AND PARALLEL WITH
COURSE NO. (3); (5) THENCE NORTH 44-37'53" EAST FOR 104.22 FEET TO
I`1`S INTERSECTION WITH A LINE PARALLEL WITH AND 580 FEET AS MEASURED
AT RIGHT ANGLES WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF
RICKENBAKER CAUSEWAY; (6) THENCE SOUTH 45-22107 EAST ALONG SAID
PARALLEL LINE FOR 420.00 FEET; (7) THENCE SOUTH 44-37'53" WEST FOR
--104.78 FEET TO ITS INTERSECTION WITH THE APPARENT SHORELINE OF SAID
LAGOON; (8) THENCE SOUTHEASTERLY ALONG SAID SHORELINE FOR 936.20
FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTHEASTERLY
EXTENSION OF THE NORTWESTERLY LINE OF LEASE ARE NO. 4 ; (9) THENCE
SOUTH 44-37'53" WEST ALONG SAID NORTHWESTERLY LINE FOR 237.43 FEET;
(10) THENCE SOUTH 45-22'07" EAST FOR 45.00 FEET; (11) THENCE SOUTH
44-37'53" WEST FOR 219.40 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 18.3306 ACRES MORE OR LESS.
C�J
i
Cio
EXHIBIT II.
DECLARATION
PROFESSIONAL INFORMATION
FINANCIAL DISCLOSURE FORMS
95- 281
EXHIBIT II
DECLARATION, FINANCIAL DISCLOSURE, AND _.
PROFESSIONAL, INFORMATION FORMS
(CONTENTS)
Financial Disclosure and
I Professional Information Requirements
i
Declaration
{
i Organizational Structure
Proposer's Questionnaire
Partnership Statement
Corporation Statement
j
Financial Data of Proposer
Experience Statement of Proposer
References of Proposer
1
Proposer's Architect/Landscape Architect/Engineer's Questionnaire
=� Experience Statement of Proposer's
Architect/Landscape Architect/Engineer
� Background Data of Proposer's
Architect/Landscape Architect/Engineer
j References of Proposer's Architect/Landscape Architect/Engineer
Architect/Landscape Architect/Engineer's Subconsultants'
Questionnaire
Experience Statement of Architect/Landscape Architect/Engineer's
Subconsultants
Background Data of Architect/Landscape Architect/Engineer's
Subconsultants
References of Architect/Landscape Architects/Engineer's
Subconsultants
95- 281
EXHIBIT II
DECLARATION, FINANCIAL DISCLOSURE, AND
PROFESSIONAL INFORMATION FORMS
(CONTENTS)
PAGE .TWO
Proposer's General Contractor or Construction Manager's
Questionnaire
Experience Statement of Proposer's General Contractor or
fConstruction Manager
Background Data of Proposer's General Contractor or
Construction Manager
References of Proposer's General Contractor or
Construction Manager
Proposer's Operational Manager's Questionnaire
Experience Statement of Proposer's Operational Manager
Background Data of Proposer's Operational Manager
References of Proposer's Operational Manager
Proposer's Operational Manager's Subconsultants' Questionnaire _
Experience Statement of Operational Manager's Subconsultants
1 Background Data of Operational Manager's Subconsultants
References of Proposer's Operational Manager Subconsultants
j"t.,
FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION REQUIREMENTS
I
' This section of the RFP contains various forms which must be
completed and submitted as part of the proposal. A proposal
which fails to include the finangial disclosure and professional
information requested herein will be deemed nonresponsive and
subject to rejection. Proposals containing ommissions,
inaccuracies or misstatements shall also be subject to rejection.
All blank spaces on the forms found herein must be correctly
filled in. Information and answers may be provided on a separate
attached sheet if necessary. Photographs or other illustrative
materials should be placed in an envelope or bound into the
proposal and identified by the proposer's name and address and
the page number of the form to which the supplemental material is
applicable. Board -mounted' schematic drawings, not to exceed 30"
x 4011, should be identified by the proposer's name and address.
By submission of a proposal, the proposer acknowledges and agrees
that the City of Miami has -the' right to make any inquiry or
investigation it deems appropriate to substantiate or supplement
information contained in this section of the RFP and agrees to
execute any appropriate release and/or authorization form if
requested by the City.
i
95- 281
yd
Px:.
DECLARATION
Cesar H. Odio
City Manager
City of Miami, Florida Submitted , 1995
The undersigned, as proposer, declares that the only persons 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 arrangement 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
i proposer and the City of Miami, Florida, for the performance of all requirements to which
i this proposal pertains.
The proposer states that this proposal is based upon the proposal documents issued
February 28, 1995 entitled Request For Proposals for the Unified Development of the
Miami Marine Stadium, Miami, Florida and addenda, if any.
i
j Name of Firm, Individual or Corporation
Signature Signature
Title Title
95- 281
0
ORGANIZATIONAL STRUCTURE
In graphic form, provide the organizational structure -of the
development team indicating the proposer, the proposer's
architect/landscape architect/engineer, the architect/engineer's
subconsultants, general contractor or construction manager,
operations and management consultants/subconsultants and any
additional consultants/subconsultants by name of firm or
individual, and areas of responsibility.
95- 281
II-3
Z .
Name:
Address for purposes of notice or other communication relating to
the proposal:
Telephone No. ( )
The proposer is a:
( ) Sole proprietorship
( j Partnership
( ) Corporation
( ) Other (explain below)
I I -4
95-- 281
PARTNERSHIP STATEMENT
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
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. (If partnership is a corporation, complete
the following page for corporation.)
General/
Limited Name Address Share
6. Attach a complete copy of the Partnership Agreement.
I I -5
95- 281
ko-
CORPORATION STATEMENT
If proposer is incorporated, answer the following:
1. When incorporated?
2. Where incorporated?
3. Is the corporation authorized to do business in Florida?
Yes ( ) No ( )
4. The corporation is held: Publicly ( ) Privately ( }
5. If publicly held, how'.and where is the stock traded?
6. List the following: Authorized Issued Outstanding
(a)Number of voting shares;
(b)Number of nonvoting shares:
(c)Number of shareholders:
(d)Value per share of
Common Stock:
Par $
Book $
Market $
7. Furnish the name, title, address. and the number of voting
and nonvoting shares of stock held by each officer and
director and each shareholder owning more than 5% of any
class of stock. If more than 5% of any class of stock is
held by one or more corporations, then each owner -
corporation must also complete separate pages -(type
corporation name on said pages for identification purposes.)
and furnish the audited financial statement required on each
page.
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.
8. If an individual or corporation will be guaranteeing
performance of the proposer -corporation, state name here
and also complete corresponding
pages. If a corporation, provide name of corporation on
corresponding pages for identification purposes and furnish
audited financial statement(s) as required on the page for
the individual or corporate guarantor. _ 2
81
I I -6
FINANCIAL DATA OF PROPOSER
Financial Statement
Proposer, owner -corporation proposer, and any person or business entity guaranteeing the
performance of the proposer must attach a complete report, prepared in accordance with
"s good accounting practice, reflecting current financial condition. The report must include
financial statements (balance sheet and income statement). The person or entity covered
by the statement must be prepared to substantiate all information shown.
Surety Information
Has any surety or bonding company ever been required to perform upon your default ?
Yes ( ) No ( )
I
If yes, attach a statement naming the surety or bonding company, date, amount of bond,
and the circumstances surrounding said default and performance.
Bankru-ptcy Information
Have you ever declared bankruptcy ? Yes ( ) No ( )
have you ever been declared bankrupt ? Yes ( ) No ( )
i If yes to either of the preceding questions, state date, court jurisdiction, amount of
liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending litigation, liens, or
claims involving any participant in the proposal.
II-7
95- 281
014-
ENCE STATEM
Describe in detail the duration and extent of your business experience in development of
amphitheaters and related facilities. Also state in detail the names and pertinent
experience of the persons who will be directly involved in development and management
of the facilities and your percentage ownership, and any such facilities which you
currently manage.
In addition, please also provide photographs or other illustrative material depicting
projects that will demonstrate your ability to complete a quality development. The name ,
and address should be given for each project identified as well as persons familiar with
the development who will respond to inquiries from the City. You should also identify
your specific role in each project.
kit.,
REFERENCES OF PROPOSER
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. ].
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
Reference No. 2
Name:
Firm:
Title:
Address: `
Telephone: ( I
Nature and magnitude of purchase, sale, loan, business
association, etc.:
II-9
95- 281
0
LWx
Reference No. 3
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.. -
Reference No. 4
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.: -
95- 281
• • • • � !� Z _ ._i._, '_ --_i _' \_ _�_ � � � �� `� � , ��� _ � \ \ _ 7\mil
Name:
Street
Address:
Mailing
Address:
Telephone:
Professional Registration Number
Name of principals and their titles who will be chiefly
responsible for the design and engineering of the project:
Name Title
Name Title
95- 281
II-il
EXPERIENCE STATEMENT OE
PROPOSER'S ARCHITECT/LNDSCAPE ARCHITECT%ENGINEER
Describe in detail the duration and extent of your experience
with special emphasis upon experience related to the proposed
uses. Also, state in detail the names and pertinent experience
of the principals who will be directly involved in the project.
In addition, please also include photographs or other
illustrative material depicting projects that will demonstrate
your qualifications for the project identified as well as for
persons familiar with the development who could respond to
inquiries from the City. You should also identify your specific
role in each project.
II-12 95- 281
ROUND_ DATA OF PROPOSER'
uretv 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.
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving- any participant in the
proposal.
95- 281
I I-13
ps:,
.„7
REFERENCES OF PROPOSER'MPOSER'S AR HTTFC'T f LANDSCAPE ARC'HTTFC'T f ENC'TNFER
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone: -
Nature and magnitude of business association:
II-14
95—�
ARCHITECTILANDSCAPE ARCHITECT/ENGINEER'S
SUBCQNSULTANTS' QUESTIONNAIRE
For each subconsultant or subconsulting firm, please provide
the following information.
Name:
Address:
Telephone:
Discipline:
Name of principals and their titles who will be chiefly
responsible for the project:
Name Title
Name Title
95- 281
MARRIMMUMM' C
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to development of amphitheaters and related facilities. Also, state in
detail the names and pertinent experience of the principals who will be directly involved
in the project.
In addition, please also include photographs or other illustrative material depicting
projects that will demonstrate your qualifications for the project identified as well as for
persons familiar with the development who could respond to inquiries from the City.
You should also identify your specific role in each project.
II-16
95- 281
•• 1F§g•
www
MY
uretv_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.
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
i REFERENCES OF
ARCHITECT/LANDSCAPE ARCH ITECT/ENGINEER' S SUBCONEDI Tp,M
List two persons or firms for whom you have completed projects
during the past three years.
i
Reference No. 1
Name:
Firm:
l
Title:
Address:
Telephone: _l
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone: ,(_
Nature and magnitude of business association:
95_ 281
II-18
Name:
Street
Address:
Mailing
Address:
Telephone:
Professional Regitration Number:
Name of principals and their titles who will be chiefly
responsible for the general contracting or management of the
construction project:
Name Title
Name i Title
II-19 95—�
STATEMENTEXPERIENCE OF PR T
CONSTRUCTION MANAGER
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to the development/construction of amphitheaters and related facilities.
Also, state in detail the names and pertinent experience of the principals who will be
directly involved in the project.
In addition, please also include photographs or other illustrative material depicting
projects that will demonstrate your qualifications for the project identified as well as for
persons familiar with the development who could respond to inquiries from the City.
You should also identify your specific role in each project.
pa..
uretv_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.
Bankruvtcv_Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared 'bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
95- 281
11-21
REFERENCES OF PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION
MANAGER
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone: (
Nature and magnitude of business association:
95- 281
T7-22
PROPQ,SER'S OPERATgQNAL MANAGER'S QUESTIONNAIRE
Name:
Street
Address:
Mailing
Address:
Telephone:_
Name of principals and their titles who will be chiefly
responsible for the" operations and overall management of the
project:
Name Title
Name Title
0
9 281
II-23
e
PERIENCE STATEMENT OF PROPOSER'_S OPERATIONAL MANAG
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to operations and management of amphitheaters and related facilities.
Also, state in detail the names and pertinent experience of the principals who will be
directly involved in the project.
In addition, please also include photographs or other illustrative material depicting
projects that will demonstrate your qualifications for the project identified as well as for
persons familiar with the development who could respond to inquiries from the City.
You should also identify your specific role in each project.
II-24
95- 281
BACKGROUND DATA OF PRQPOSFRIS OPERATIONAL MANAGER
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.
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
i
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
I1-25 95- 281
REFERENCES OF PROPOSER'S OPERATIONAL MANAGER
List two persons or firms for whom you have managed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone: (_
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
II-26 9 5- 281
OPERATIONAL MANAGER' S
.@CONSULTANTS OUESTIONNAIRE
For each subconsultant or subconsulting firm, please provide
the following information.
Name:
Address:
Telephone:
Name of principals and their titles who will be chiefly
responsible for the project:
Name
Name
Title
Title
{
1
i
I
f
i
l
�.J
281
II-27 95 "
f, -
E STATEMENT OF PROPOSER'S OPERATIONAL MANAGER'
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to operations and management of amphitheaters and related facilities.
Also, state in detail the names and pertinent experience of the principals who will be
directly involved in the project.
In addition, please also include photographs or other illustrative material depicting
projects that will demonstrate your qualifications for the project identified as well as for
persons familiar with the development who could respond to inquiries from the City.
You should also identify your specific role in each project.
II-28
95- 281
BACKGROUND DATA OF
OPERATIONAL MANAGER'S SUBCONSULTANTS
uretv 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 Eircumstances surrounding said
default and performance.
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets deta.1160-in£ormation regarding pending
litigation, liens, or claims involving any participant in the
proposal.
II-29 95- 281
Ole.,
REFERENCES OF
OPERATIONAL MANAGER'S SUBCONSUL'1'ANTS
List two persons or firms for whom you have managed projects
during the past three years.
Reference No. 1
Name:
f
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2. •'r.,. ,
j
Name:
Firm:
Title:
Address:
Telephone: (
Nature and magnitude of business association:
95- 281
11-30
EXHIBIT III.
MINORITY PARTICIPATION
AND
PRIMARY OFFICE ]LOCATION AFFIDAVIT FORMS
95- 281
014•
MINORITY PARTICIPATION DpCUMENTATION
NAMES OF COMPANY OWNER(S):
NAMES OF COMPANY OFFICER(S):
{ a) List principal business address: (street address)
i
b) List all other offices located in the State of Florida:
(street address)
Name of individual holding license in this profession (if
applicable):
MINORITY PROCUREMENT COMPLIANCE
The undersigned proposer acknowledges that (s)he has received a
copy of Article IV. 5 Sections 18-67 - 18-77 of the City Code
_ (see Appendix'G,'.)•,and agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
Proposer:
� Signature:
� (company name)
Print name: Date: `
Indicate if Business is 51% Minority -owned: (Check one box only)'
[ ] Black [ ] Hispanic ( ] Female
AFFIRMATIVE ACTION PLAN
If firm has an existing plan, effective date of
implementation If firm does not have an
existing plan, the Successful Proposer(s) shall be required to
establish an Affirmative Action Policy, pursuant to Article. IV.
5f Sections 18-67 -18-77 of the City of Miami Code.
rJ
Proposer:
Signature:
(company name)
{
zzz-�
95- 281
1
CITY OF MIAMI, FLORIDA
MINORITY STATUS INFORMATION SHEET
Please check one box only and complete any and all sections applicable to
your firm.
1. Indicate Minority/Women Classification of Proposer Entity
[ ] B=BLACK [ ] H=HISPANIC [ ] F=FEMALE [ ] NM=NON-MINORITY
2. If ONE OF THE FOLLOWING, give details of Minority/Women Participation
within firm(s), or as it may apply. Indicate
Minority/Women Classification of each company:
A. JOINT VENTURE: Provide information regarding Minority/Women firms
participating and the extent of participation.
Dollar
Firm Name Business Address Amount
i r I
r ]
r 1 -
B. SUBCONSULTANTS: ; Provide information regarding Minority/Women firms
participating and the extent of participation.
Dollar
FijM Name Business Address Amount
i r
[ 1
[-] -
95- 2,81
III-2
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MINORITY PROCUREMENT COMPLIANCE/AFFIRMATIVE ACTION FORM
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NAMES OF COMPANY OWNER(S): NAMES Or COMPANY OFFICER(S):
a) List principal business address: (street address)
b) Dist all other offices located in the State of Florida:
(street address)
I
Name of individual holding license in this profession (if
applicable):
MINORITY PRQCUREMENT Co LIANCE
The undersigned proposer acknowledges that (a)he has received a copy of
Ordinance #10062 as amended, the Minority Procurement ordinance of the City of
Miami and agrees to comply with all applicable substantive and procedural
provisions therein, including any amendments thereto.
Proposer: _
Signature:_
(company name)
Date: Print Nanie:
Indicate it Business is 51% Minority -owned: (Check one box only)
[ ] BLACK ( ] HISPANIC [ ] FEMALE
AP P IRMATIVE ACTIoti PLW
If firm has an existing plan, effective date of implementation: _
Must be included as part of submission.
If firm does not have an existing plan, the Successful Piopoeer(a) shall be
required to establish an Affirmative Action Policy, pursuant to ordinance
f10062 as amended, see " sample.
Proposer: w
Signature:_
(company name)
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kX,
AFFIRMATIVE ACTION POLICY
for
EQUAL EMPLOYMENT OPPORTUNITY
AFFIRMATIVE ACTION/
EQUAL EMPLOYMENT OPPORTUNITY - POLICY STATEMENT
It is the policy of (Company Name) to base its hiring and
promotions on merit, qualifications and competency and that its
personnel practices will not be influenced by an applicant's or
employee's race, color, place of birth, religion, national origin, -
sex, age, 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, regardless of race, color,
place of birth, religion, national origin, sex, age,
marital status, veteran and handicapped status.
2. Maintain equitable principles in the recruitment, hiring,
training, compensation and promotion of employees.
3. Monitor and review personnel practices to guarantee that
equal opportunities are being provided to all employees,
regardless of race, color, place. of- birth, religion,
national origin, sex, age, marital status, veteran and
handicapped status.
(Company Name) is committed to take affirmative action and
aggressively pursue activities that will serve to enable all
employees and .applicants opportunities available throughout this
organization.
Clearly, the above actions cannot be accomplished as. a secondary
duty for any individual, despite the full support of management.
And so, to monitor our efforts, (Company Name) has assigned one of
its principals as the Affirmative Action Director to monitor all
activities of this program.
Employees may contact (Name of assigned principal) at (telephone
number) regarding this Affirmative Action Policy.
DATE:
(Signature/Title)
95- 281
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CITY OF MIAMI
Please Check One Box Only
[ ] Hispanic [ ] Woman [ ] Black
I (We), the undersigned agree to the following conditions:
1) that we have read City of Miami's Ordinance No. 10062 as amended and meet the
fifty-one percent (519.) ownership and management requirement for
minority/women registration status and will abide by all of the policies and
regulations governing the City of Miami Minority and Women Business Enterprise
Procedures;
2) that if at any time information submitted by the undersigned applicant in
his/her Vendor Application should prove to be false, inaccurate, or
misleading, applicant's name will be struck from the City of Miami's Master
Vendor list with no further consideration given to this applicant;
3) that the City of Miami maintains the right, through award of bid/contract, to
revoke the award, should it be found that false, inaccurate or misleading
information or a change in the original information have occurred;
4) to notify the City of Miami within thirty (30) days of any change in the
firm's ownership, control, management or status as an ongoing minority/women
business concern as indicated on the Vendor Application, and that the City of
Miami, upon a finding to the contrary, may render a firm's registration with
the City null and void and cease to include that firm in its registered list
of minority and women -owned businesses;
5) that the City of Miami has a right to diligently verify all information
submitted by applicant in his/her Vendor Application to monitor the status of
the Minority/Women Business Enterprise, once registered;
6) that the City of Miami may shAre a firm's registration information, concerning
its minority/women status and its capability, with other municipal or state
agencies for the sole purpose of accessing the firm to their procurement
opportunities, unless otherwise specified by the firm in writing.
I (We) certify under the penalties of perjury that the information contained in any and all
application documents submitted to the City of Miami is correct as per Ordinance No. 10062 as
amended.
Firm Name:
(If signing as a corporate officer, kindly affix corporate seal)
(Name, Title & Date)
(Name, Title & Date)
This application must be signed by at least one general partner of a partnership or the
proprietor of a sole proprietorship or all partners of a joint venture.
COUNTY, SS
NOTARIZATION
COUNTY OF DADE
Date:
That personally appeared before me and
acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced
as identification.
NOTARY PUBLIC: 281
My Commission Expires:
TTT r
Ham.
City of Miami
PRIMARY OFFICE LOCATION
a
Affidavit
Please type or print clearly. This Affidavit must be completed in full, signed and notarized for local preference consideration.
Legal Name of Firm:
Entity Type: (&wck one t>ox orgy) ❑ Partnership
O Sole Proprietorship O Corporation
Corporation Doc. No:
Date Established:
Occupational License No:
Date of Issuance:
la_ °' PnmanOffice Loca6on`(P(aRctpal eStatiltS�meOt bt the bidder/proposer)
� y .:. ,... ..... v,.w.... .,w w .... .. ..... ;..':' { ..'CPI../luxes
Street Address:
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City:
State:
How long at this location:
a
Street Address:
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City.
State:
How tong at this location:cc
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_
According to the City of Miami's Charter 29-A as amended:
'All contracts -shall be awarded by the commission to the lowest responsible bidder,... provided, however, 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...10% in excess of the lowest other responsible bidder or
proposer, such local vendor may be awarded the contract...'
The intention of this section is to benefit local bona fide vendorslproposers to promote economic development within the City of Miami.
I (we) certify, under penalty of perjury, that the primary office location of our firm has not been established with the sole purpose of obtaining the
advantage granted bona fide local vendors/proposers by this sections
- Authorize Signature
Print Name
Title
Authorize Signature
Print Name
Title
(Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all
partners of a joint venture.)
STATE OF FLORIDA, COUNTY OF DADE
❑ Personally known to me; or
Subscribed and Sworn before me that this is a true statement this day of _I 99 ❑ produced identification:
Notary Public, State of Florida
Q�5- 2 i�8 q
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Printed Name of Notary Public My Commission Expires
Please subunit with your bid, copies of occupational License, professional and/or trade License to verify local status. The City of Miami,
also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other document(s) to verify
the location of the firm's primary office.
TTT_A
tj.mw
EXHIBIT IV
Metropolitan Dade County
Department of Environmental Resource Management
BIOLOGICAL ASSESSMENT CC94-136 OF MARINE STADIUM BASIN
July,1994
October,1994
95- 281
METROPOLITAN DADE COUNTY, FLORIDA
METROflAbE �lJ
ENVIRONMENTAL RESOURCES MANAGEMENT
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372.6789
July 7, 1994
Mr. Courtney D. Allen
Assistant Development Coordinator
City Of Miami
300 Biscayne Boulevard Way
Suite 400-401
Miami, FL 33131
Re: Biological Assessment CC94-136: City of Miami Marine Stadium,
Rickenbacker Causeway, Miami, Dade County, Florida.
Dear Mr. Allen:
A biological assessment of the above referenced site was conducted by
Department biologists on May 23, 1994. The purpose of this assessment
was to determine if a Class I permit is necessary for an expansion of
the City of Miami Marine Stadium stage and seating area and to
determine the feasibility of permitting such an expansion.
DERM's inspection was conducted on a portion of the city -owned marine
stadium basin, specifically on the area spanning the length of the
stadium and extending approximately 100 feet waterward of the stadium
edge. The water clarity was moderate during the inspection. The water
depth in the proposed expansion area ranged from 6 feet to
approximately 20 feet.
Inspection of the sand/silt substrate within 100 feet of the existing
seating area revealed the presence of sparse patches of dwarf seagrass
(Halophila decipiens) from 'the edge of said structure waterward to
approximately 16 feet. Adjacent to either end of the seating
structure, areas of moderate to dense manatee grass, (Svrinaodium
filiforme) were present and extended from near the waters edge
waterward approximately 23 feet from the structure. In addition,
mermaid's cup algae (Acetabularia crenulata), calcareous disk algae
(Halimeda opuntia) and green algae (Caulerpa sn.) were observed as well
as several species of sponges. The majority of the species were
observed in the area from the stadium edge waterward to approximately
25 feet. Beyond this 25 foot band few significant plant species were
observed. Debris was observed scattered throughout the area including
concrete blocks, concrete slabs and assorted trash such as cans,
bottles, etc.
Pursuant to Section 24-58 of the Metropolitan Dade County Environmental
Protection Ordinance, a Dade County Class I Permit is required for any
work in, on, over or upon tidal waters, submerged bay -bottom lands .or
coastal wetlands in Dade County. This assessment was performed in
95- 281
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response to a proposal involving the construction of a permanent stage
platform over the aforementioned area of the basin. The work as
proposed would result in adverse impacts to the aforementioned species
contained within the project area.
Further, this structure would be considered non -water dependent because
it is not consistent with the following definition, as contained in
Section 24-3(107), Dade County Code: "Water dependent use shall mean a
I use which cannot exist or occur without association with marine,
freshwater, or estuarine water masses". Please be advised that Section
24-59 and Section 24-59.1 of this Ordinance specifically prohibit
floating and fixed non -water dependent structures in, on, over or upon
tidal waters of Dade County. The issuance of a Class I Permit for an
expansion of the marine stadium over the waters of the basin would
therefore require a variance to the Ordinance. Variances of this type
to the Code can only be approved by the Dade County Board of County
Commissioners (BCC) through the standard form application process,
which involves a public hearing. Please refer to the enclosed copy of
Sections 24-59.1 and 24-59.2 for further information on the variance
procedure. Please be advised that DERM would likely recommend that the
BCC deny a variance request and Class I Permit for an overwater
expansion of the existing structure's footprint due to its non -water
1 dependent nature, the individual and cumulative impacts of the
I structure and because other, less impacting alternatives may be
available.
In addition to a DERM Class I Permit, the proposed project would
require approvals from the Army Corps of Engineers, the Florida
Department of Environmental Protection and the South Florida Water
Management District. A DERM Class I Coastal Construction Application
Package is enclosed. In addition to the above restrictions, the City
of Miami would need to provide zoning and structural approvals prior to
the issuance of a Dade County Class I Permit.
Because applicable regulations and site conditions are likely to change
over time, the conditions and restrictions of this letter shall be
valid for a period of two (2) years from the date of this letter.
Please note that the required $525.00 fee for this assessment has not
been paid and must be submitted within thirty (30) days of receipt of
this letter. Please be advised that DERM will not process any further
requests for biological assessments until all applicable fees have been
received.
Please contact Christy L. Waite
questions regarding this matter.
at (305) 372-6575 if you
Crlig K. Grossenbacher�6
Coastal Resources Section
have any
ief
95- 281
n19'.
METROPOLITAN DADE COUNTY, FLORIDA
METRO
flADED
ENVIRONMENTAL RESOURCES MANAGEMENT
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
_. (305) 372.6789
October 19, 1994
Courtney Allen
Assistant Development Coordinator
City of Miami
300 Biscayne Boulevard Way
Suite 400-401
Miami, FL 33131
Re: Biological assessment CC94-136: City of Miami Marine Stadium,
Rickenbacker Causeway, Miami, Dade County, Florida.
Dear Mr. Allen:
Please accept this as a confirmation of the information discussed
during our October 5, 1994 meeting and as a modification to DERM's July
71 1994 biological assessment of the stadium area. DERM is willing to
recommend to the Board of County Commissioners that a variance to
Section 24-59.1 Dade County Code (which specifically prohibits
non -water dependent structures over Dade County tidal waters), be
approved for the construction of a fixed platform over tidal waters
adjacent to the existing marine stadium, provided that impacts to
surrounding benthic communities be minimized and that adequate
mitigation is performed to offset the unavoidable impacts. This
determination is based on further analysis of the intended use of the
marine stadium and basin.
Because applicable regulations and site conditions are likely to change
over time, the conditions and restrictions contained herein shall be
valid for a period of two (2) years from the date of this letter.
Please note that the required $525.00 fee for this biological
assessment has not been paid and must be submitted within thirty (30)
days of the date of this letter. If you have any que tions please do
not hesitate to call Christy L. Waite at (305) 372-657
Sin re y,
Crag K. Grossenbacher, C ief
Coastal Resources Section
95- 2` I
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EXHIBIT V
MIAMI ARENA LEASE AGREEMENT
Non -Compete Clause
95- 281
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W" 5st�),pce) . 9 l D . C
IN,
LAND LEASE AGREEMENT
between
CITY OF MIAMI,
MIAMI SPORTS AND EXHIBITION AUTHORITY
_ and
DECOMA MIAMI ASSOCIATES, LTD.
AS "OPERATOR"
DATED:
October 4-0, 1986
95— 281
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this Section 10; 'provided, however, that any such amendment shall
not: (a) in any way affect the Term hereby demised; nor (b)
affect adversely in any material respect any rights of the CITY
under this Lease; (c) such approval can be unreasonably witheld;
(d) shall be subject to the provisions of Section 33 of this
Lease and (e) affect the rights of the OPERATOR under the Miami
Arena Contract.
(11) All rights and benefits afforded to a
Leasehold Mortgagee in Section 10 hereunder shall also be
afforded to a party providing financing to the AUTHORITY pursuant
to a Financing Sublease.
Section 10.2. No Waiver of the AUTHORITY's Obligation or,
CITY's Rights. Nothing contained in this Section 10 or. in any
Leasehold Mortgage shall be deemed or construed to relieve the
AUTHORITY and OPERATOR from the full and faithful observance and
performance of their covenants, conditions and agreements
contained herein, or from any liability for the non -observance or
nonperformance thereof, or to require or provide for the
subordination to the lien of such Leasehold Mortgage of any
estate, right, title or interest of the CITY in or to the Project
or this Lease.
SECTION 11
NON -COMPETITION
Section 11.1. The CITY agrees that during the Term hereof
it shall not sponsor in any manner a facility that shall compete
with the Arena at which substantially similar events can be
presented on a commercial basis to audiences of comparable size
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05- 281
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other than the James L. Knight International Center, the Ralph
l Monroe Marine Stadium (as they presently exist), any permanent
and/or temporary Exhibition/Convention Hall Facility, including
1 the Coconut Grove Exhibition Center and any expansion thereto,
and the planned Bayfront Park Amphitheater so long as commercial
audiences who purchase tickets for any such event held at the
amphitheater are restricted to no more than 4,000 people for each
such event.
I Section 11.2. Decoma, as the OPERATOR, and its general
partner, Decoma, Ltd. agree that for so long as Decoma is the
OPERATOR under the terms of the Miami Arena Contract, Decoma and
Decoma, Ltd, shall not develop, construct and operate, within the
Florida counties of Dade, Broward, Monroe, and Palm Beach, _an
arena facility, which facility (a) is of similar size and quality
and provides similar amenities to the Arena and (b) has been
designed to accommodate and accommodates audiences of comparable
size to those audiences which can be accommodated in the Arena,
1
and (c) holds events, on a commercial basis, that are the same
events which would have been held at the Arena, but for the
development, construction and operation of such facility by
Decoma or Decoma, Ltd. This Section 11.2 shall not apply to
shareholders of, or parties owning any beneficial interest in,
the above designated entities.
Section 11.3. The AUTHORITY has represented to the OPERATOR
and the OPERATOR understands and accepts that the Arena is not
intended to be used for the principal purpose of booking
conventions, trade shows, and exhibition space but rather that
281
the Arena is to be a multipurpose sports and entertainment
complex acting as a catalyst for attracting professional sports
franchises, musicals, concerts, and other special event. In
recognition of this intention, OPERATOR agrees that it shall not
principally market the Arena for conventions, trade shows, and
exhibitions.
SECTION 12
Section 12.1. Method and Addresses. All notices, demands,
or other writings required or allowed in this Agreement must be
in writing and shall be served: (i) by depositing the same in
the United States mail addressed to the party to be notified,
postage prepaid, registered or certified mail, return receipt
requested; (ii) by delivering the same in person to such party;
or (iii) by prepaid telegram, telex, private or commercial
telecopy, or Federal Express or similar delivery service. Notice
given in accordance with (i) above shall be effective three (3)
i
days after being deposited in the U.S. mail. Notice given in
a accordance with (ii) or (iii) above shall be effective upon
receipt at the address of the addressee. For the purposes of
notice, the addresses of the parties shall be as follows:
TO THE CITY: CITY OF MIAMI
ATTN: City Manager
i 3500 Pan American Drive
1 Miami, Florida 33133
Telecopy No.: 305-285-1835
i 95- 281
J-94-508
6/17/94
RESOLUTION NO. 9 4- 570
A RESOLUTION DECLARING THAT THE MOST
_ ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS -
BY THE UNIFIED DEVELOPMENT PROJECT (UDP)
PROCESS; AUTHORIZING THE CITY MANAGER TO
PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP)
FOR A UDP, AND CONFIRMING THE SETTING OF A
PUBLIC HEARING FOR OCTOBER 13, 1994 AT
10:00 A.M. TO TAKE TESTIMONY REGARDING SAID
RFP FOR THE DEVELOPMENT OF THE MIAMI MARINE
STADIUM AND RELATED MARINE AND RECREATIONAL
USES ON CITY -OWNED WATERFRONT PROPERTY
LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI,
FLORIDA.
WHEREAS, the City of Miami Charter Section 29-A(c) and City
of Miami Code Section 18.52.9 allow for "Unified Development
Projects" ("UDP") where an interest in real property is owned or
Is to be acquired by the City and is to be used for development
of improvements on said property; and
WHEREAS,,- the City Manager recommends that for the
development of the Miami Marine Stadium on City -owned waterfront
property located at 3601 Rickenbacker Causeway, Miami, Florida,
(the "Project"), it is most advantageous for the City to procure
from a private person one or more of the following integrated
packages:
A-14 9 5 - 281
CITY COMUSSION
MEETING OF
J� JUL 2 6 1994
i R"Oiut;= Na
94- 570
;4,
1 - Planning and design, construction and leasing; or
! - Planning and design, leasing and management; or
-
Planning and design, construction and management; or
Planning and design, construction, leasing and
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management; and
WHEREAS, the City Commission directed the City Manager to
initiate the process for a Unified Development Project for the
Project; and
WHEREAS, Section 29-A(c) of the City Charter further
1
requires that the City Commission hold a public hearing to
consider the contents of the Request for Proposals (RFP);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
E
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. It is hereby determined that the most
advantageous .•method for the development of the Miami Marine
r Stadium on City -owned waterfront property located at 3601
}
.;a
Riokenbacker Causeway, Miami, Florida, is by the Unified
! Development Project Process and that the City should prooure from
a private person the following integrated package:
l
:a I —
Planning and design, construction, leasing and
i management.
95- 281
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94- 570
y Section 3. The City Manager is hereby authorized to
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develop a Request for Proposals for a Unified Development Project
f for the development of the improvements as set forth in Section 2
hereinabove.
4
Section 4. A Public Hearing to consider a Unified
Development Project Request for Proposals for the development of
the Miami Marine Stadium on City -owned waterfront property
i
located at 3601 Rickenbacker Causeway, Miami, Florida, is hereby
scheduled for October 13, 1994 at 10:00 a.m.
1
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of July 1994.
EPHEN P. C RK, MAYOR
AA
TTY HIRAI
CITY CLERK
r-
PREPARED AND APPROVED BY:
LIMA K. KE RSON
;j ASSISTANT CITY ATTORNEY
..i
APPROVED AS TO FORM AND CORRECTNESS:
i A. Ti NN cT,6 Wis, III
CITY ATTO�"Y
LKK:csk:M4405 95--281
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94- 5°70