HomeMy WebLinkAboutR-95-0282J-95-354
4/27/95
RESOLUTION NO. 9,5 - 2 8 2
A RESOLUTION, WITH ATTACHMENT, RESCINDING THE
REQUEST FOR PROPOSALS ("RFP") FOR THE
VIRGINIA KEY CAMPGROUND ISSUED ON MARCH 7,
1995, PURSUANT TO RESOLUTION NO. 95-83,
ADOPTED FEBRUARY 9, 1995; AUTHORIZING THE
ISSUANCE OF AN RFP ON MAY 5, 1995, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR A
UNIFIED DEVELOPMENT PROJECT ("UDP")
CONSISTING OF THE DEVELOPMENT OF THE VIRGINIA
KEY CAMPGROUND AND ANCILLARY RECREATIONAL
FACILITIES ON APPROXIMATELY 155 ACRES OF
CITY -OWNED WATERFRONT PROPERTY LOCATED AT
VIRGINIA KEY BEACH, 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.
94-571, the City Commission determined that the development of
the Virginia Key Campground and ancillary recreational facilities
on approximately 155 acres of City -owned waterfront property,
located at Virginia Key Beach, 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 Virginia Kay Campground and
ancillary recreational facilities, shall consist of an integrated
:CITY COMMSIO N.
MEETING OF
APR 2 7 1995
Resolution No.
95- 282
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49.,
package from the private sector that includes planning, design,
construction, leasing and management of the proposed
improvements; and
WHEREAS, Resolution No. 94-571 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. 95-83 was
adopted by the City Commission, authorizing the issuance of said
RFP on March 7, 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rescinded, and a new RFP be issued; and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
number of City officials or employees and an equal number plus
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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
March 7, 1995, pursuant to Resolution No. 95-83, adopted February
9, 1995, for the development of a campground and ancillary
recreational facilities on Virginia Key is hereby rescinded in
its entirety.
Section 3. The City Manager is hereby authorized to
issue an RFP on May 5, 1995, in substantially the attached form,
for the Unified Development of the Virginia Key Campground and
ancillary recreational facilities on approximately 155 acres of
City -owned waterfront property located at Virginia Key Beach,
Miami, Florida.
Section 4. This Resolution shall become effective
immediately upon its adoption.
95- 282
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PASSED AND ADOPTED this 27th day of April, 1995.
ASTEPEN P. CLA14K, MAYOR
aTTRPT
PREPARED AND APPROVED BY:
7
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LINDA K. KEARSON
ASSISTANT CITY ATTORNEY
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APPROVED AS TO FORM
AND CORRECTNESS:
A. QUINNJ N , III
CITY ATTO
m
ATTACHMENT (RFP )
IN SEPARATE FOLDER
WITH BACKUP PAPERS
95-- 282
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TO : Honorable Mayor and Members
of the City Commission
Ce
FROM : Cit ger
RECOMMENDATION:
CITY OF MIAMI, FLORIDA �®
INTER -OFFICE MEMORANDUM
DATE : APR 18 1995 FILE
Resolution Authorizing Issuance of
SUBJECT :Fp for Virginia Key Campground
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 Virginia Key Campground issued on March 7, 1995, pursuant to
Resolution No. 95-83, further authorizing the issuance of a Request For Proposals ("RFP") on
May 5, 1995, in substantially the form attached, for a Unified Development Project ("UDP")
consisting of the development of the Virginia Key Campground and ancillary recreational
facilities on approximately 155 acres of City -owned waterfront property located at Virginia Key
Beach, 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, 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. 94-571, the City Commission declared the development of
the Virginia Key Campground and ancillary recreational facilities on approximately 155 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. 95-83, an RFP was issued on March 7, 1995 for the development of
the Virginia Key Campground. 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- 282
61,1:,
z 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 str-ueli thMuo and 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
- John Kiskinis
(nominated by Mayor Clark)
- Rolando Delgado
(nominated by Commissioner DeYurre)
- Gene Hancock
(nominated by Vice Mayor Plummer)
- Don Chinquina
(nominated by Commissioner Gort)
-
(nominated by Commissioner Dawkins)
- Amy Fleischer, MAST Academy Student
- Danielle Bazin, MAST Academy Student
Members of the City
- Terrence Griffin, Assistant Director, Parks and Recreation
- Eduardo Rodriguez, Director, Asset Management and Capital Projects Office
- Ana Gelabert, Landscape Architect/Planner, Neighborhood Enhancement Teams
- Frank May, Assistant to the City Manager
- Herbert J. Bailey, Assistant City Manager, Department of Development
- Sergio Rodriguez, Assistant City Manager, Planning, Building and Zoning
Attachment:
Proposed Resolution
Draft RFP
95— 282
` OTY OF MIAMI, FLORIDA
INTER -OFFICE MEMORAMDUM
Malty Hirai DATE April 12, 1995 FILE
City Clerk
9uNUW : Request for Advertisement
Public Heating
14,4 for UDP Process
FROM., Herbert J. Bailey
Assistant City Manager
Department of Develo
"WI ON om
The Department of Development request that your OfEce have published the attached
"Notice of Public blearing" for the Mega Yacht, Marine Stadium, and Virginia Key
Campground UDP's. The advertisement notilies the public regarding the public bearhq
scheduled for April 21, 1995 at 10:00 a.m. for these UDP's. Please charge the cost of the
advertisement to amount number 9590101-287. Thank you for your prompt attention and
cooperation In this matter.
95- 282
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W CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC BEARING HAS BEEN SCHEDULED FOR THF,
CITY COMMISSION MEETING OF APRIL 27, 1995 AT
IU:UU A.M. TO TAKE TESTIMONY REGARDING THE
CONTENTS ENTS OF THE DRA.l1"I' RFP FOR THE
i UE'VKLOPMKN'I' UN' THE VLRGINIA KEY
CAMPGROUND AND ANCILLARY 11KC REA'1'IiONAL
USES ON C.'1'l''Y-47WNKD WATERFRONT PROPI;RfY
LOCA'1'i!L'1O AT VIRGINIA KEY HEACK. A'1' THE
C.'ONCY.IUS'10A OF THE PUBLIC HI+;AKIN;, THE (XI'Y
COM39SSION WILL CONSIDER AUTHORIZING THE
1 ISSUANCE OI' THE KYF, THE "FUtINTMENT OF
MEMBERS TO A REVIEW COMMITTEE AND THE
SELECTION OF A CPA FIRM TO EVALUATE
PROPOSALS RECEIVED IN RESPONSE TO THE RFP,
All interested parties may appear at the meeting to be held at
the time and place specified above. Should any person desire
to appeal any decision of the City Commission with respect to
uny matter to be con,idered at this hearing, that person shall
ensure that a verbatim reeord of the proceedings is made
Including all testimony and evidence upon whieb any appeal
may be based.
MATTY IIIRAI
CITY CLERK
CITY OF MIA.MI, FLOREDA
95— 282
ks:..
UNIFIED DEVELOPMENT ]PROPOSALS
FOR
THE VIRGINIA KEY CAMPGROUND
VIRGINIA KEY BEACH
MIAMI, FLORIDA
ISSUE DATE: MAY 5, 1995
CITY OF MIAMI
Stephen P. Clark, Mayor
J.L. Plummer, Jr., Vice -Mayor
Miller J. Dawkins, Commissioner
Victor H. De Yurre, Commissioner
Wifredo (Willy) Gort, 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. FRIDAY, AUGUST 4,1995
95— 282
C�t#ia of lanti"
HERBERT J. BAILEY
Assistant City Manager
May 5, 1995
Ladies and Gentlemen:
CESAR H. 0010
City Manager
Thank you for your interest in the Unified Development of a campground facility, and ancillary
campground -related services on approximately 153.82 acres of City -owned, waterfront property
located at Virginia Key Beach, 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
I 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., Friday, August 4, 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 and
' its consultant(s), the dollar amount return offered to the City, the proposer's financial
1 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 in the development proposed thereon.
1
Proposals must present a definitive development program, completion schedule, financial
strategy, and management plan respecting all requirements of this Request for Proposals to form
1 the basis for selection by the City.
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DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER 9 5 ` 282
j 300 Biscayne Boulevard Way, Suite 400-401/Miami, FL 33131
(} DEVELOPMENT DIVISION (305) 579-3366 / HOUSING DIVISION (305) 579-3336/Telecopier: (305) 371-9710
No additions or modifications may be made to the proposals and the entities they represent
subsequent to the submission deadline. New and/or current personnel who are not identified in
the proposal may not be introduced as part of the proposal entity or its consultants subsequent to
the submission deadline.
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
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 Wednesday, June 7, 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. The City will conduct an on -site
inspection tour of the Property immediately following the Pre -Submission Conference.
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. Friday, August 4, 1995. A list of
proposers will be made public on that day.
Sincer ,
Cesar H. Odio
City Manager
95- 282
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VIRGINIA KEY BEACH
View North toward Miami Beach
TABLE OF CONTENTS
I. PUBLIC NOTICE....................................................................................................................................................I
II. OVERVIEW................................................................................................................................................I...........2
A. INTRODUCTION..........................................................................................................................................................2
'j B. LOCATION AND CHARACTERISTICS............................................................................................................................3
C. SITE DESCRIPTION.....................................................................................................................................................3
FIGURE1. REGIONAL LOCATION MAP............................................................................................................... 4
FIGURE2. AREA LOCATION MAP......................................................................................................................... 5
FIGURE3. SITE LOCATION MAP.......................................................................................................... 6
FIGURE4. SITE CONDITIONS................................................................................................................................8
FIGURE5. ENVIRONMENTAL CONDITIONS........................................................................................................9
FIGURE 6. FLOOD INSURANCE RATE MAP .......................................
FIGURE7. EXISTING UTILITIES..........................................................................................................................12
D. APPRAISED VALUE..................................................................................................................................................13
1 E. LEASE TERM............................................................................................................................................................13
F. FINANCIAL RETURN TO THE CITY.............................................................................................................................13
G. TAXES......................................................................................................................................................................14
H. ZONING....................................................................................................................................................................14
FIGURE8. PROPER TYANNEXATION.................................................................................................................15
I. UNIFIED DEVELOPMENT PROJECT PROPOSAL SELECTION PROCESS ....................................
J. UNIFIED DEVELOPMENT SCHEDULE (TENTATIVE)....................................................................................................17
III. REQUEST FOR PROPOSALS - GENERAL REQUIREMENTS.................................................................18
A. DECLARATION AS A UDP........................................................................................................................................
is
B. COMMITMENT OF FUNDS.........................................................................................................................................
is
C. COMMITMENT OF PROPERTY...................................................................................................................................19
D. COMMITMENT OF SERVICES AND MATERIALS.........................................................................................................19
E. EXECUTION OF CONTRACTS.....................................................................................................................................19
F. RIGHT OF TERNINATION...........................................................................................................................................20
IV. REQUIRED ELEMENTS OF DEVELOPMENT PROPOSALS...................................................................21
A. DEVELOPMENT OBJECTIVE......................................................................................................................................21
B. USE..........................................................................................................................................................................21
C. PROPOSED SITE IMPROVEMENTS..............................................................................................................................25
D. PROPOSED CUSTOMER AND PUBLIC SERVICES........................................................................................................27
E. PERMITTING AND LICENSING...................................................................................................................................27
FIGURE 8. PROPERTY ANNEXATION.................................................................................................................29
FIGURE5. ENVIRONMENTAL CONDITIONS......................................................................................................
30
F. ESTIMATED CONSTRUCTION COST...........................................................................................................................31
G. FINANCING STRATEGY.............................................................................................................................................31
H. DEVELOPMENT SCHEDULE......................................................................................................................................31
1. COMPOSITION AND QUALIFICATIONS OF THE DEVELOPMENT (PROPOSING) ENTITY AND CONSULTANTS .................32
J. DEVELOPMENT PROPOSAL CONTENTS......................................................................................................................33
K. METHOD OF OPERATION..........................................................................................................................................35
L. MINORITY PARTICIPATION.......................................................................................................................................35
V. PROPOSAL SUBMISSION REQUIREMENTS...............................................................................................37
A. SUBMISSION PROCEDURES.......................................................................................................................................37
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VI. EVALUATION CRITERIA...............................................................................................................................38
A. INITIAL REVIEW OF PROPOSALS FOR COMPLIANCE WITH THE RFP..........................................................................38
B. REVIEW COMMITTEE EVALUATION CRITERIA.........................................................................................................38
C. CPA FIRM EVALUATION CRITERIA..........................................................................................................................42
VII. TERMS AND CONDITIONS OF PROPOSED LEASE AGREEMENT.....................................................43
A. AUTHORIZATION......................................................................................................................................................43
B. TERMS AND CONDITIONS.........................................................................................................................................43
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; Ordinances 10062 and 10538
APPENDIX C. Virginia Key Master Plan (selected excerpts)
APPENDIX D. Coastal Construction Regulations (selected excerpts)
EXHIBIT I. Sketch of Survey (includes Legal Description)
EXHIBIT II. Declaration, Professional Information, and Financial Disclosure Forms
EXHIBIT III. Minority Participation Forms; Office Location Affidavit
EXHIBIT IV. Letter from Water & Sewer Authority
EXHIBIT V. Letter from Development Impact Committee Office
EXHIBIT VI. Source List
95- 282
I. PUBLIC NOTICE
The City of Miami is seeking Unified Development Project Proposals for the development of a
commercial campground facility, and ancillary campground -related retail use on approximately
154 acres of City -owned, waterfront property located at Virginia Key Beach, 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
approximately 149 acres of upland contiguous to the Atlantic Ocean and 5 acres of submerged
lands in Lamar Lake (a.k.a. "Shrimpers Lagoon").
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 Wednesday, June 7, 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. The City will conduct an on -site inspection tour of the Property immediately following
the Pre -Submission Conference.
Proposals must be delivered to Matty Hirai, City Clerk, City Hall, 3500 Pan American Drive,
Miami, Florida 33133 by 2:00 p.m., Friday, August 4, 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
t
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 subject property
or in the development proposed thereon.
Adv. No.
I
Cesar H. Odio
City Manager
9"- 282
II. OVERVIEW
A. Introduction
The City of Miami (the "City") is seeking Unified Development Project Proposals from
qualified and experienced developers for the development of a commercial campground facility.
Proposals may include ancillary campground related services and an optional water park facility.
The property located at Virginia Key Beach, Miami (the "Property"), is comprised of a total area
of 153.82 acres (148.82 upland acres and 5 submerged acres).
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. 95-282 authorizing the
issuance of this Request for Proposals (the "UP") on May 5, 1995 as required by the City
Charter and Code sections regarding UDPs. Pertinent legislation referenced herein is included in
Appendix A. The City Commission also appointed members to a review committee and
selected a Certified Public Accounting firm to evaluate proposal submissions and report findings
to the City Manager as required by the City Charter and Code sections regarding UDP's.
Proposals 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 Wednesday, June 7,
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. The City will
conduct an on -site inspection tour of the Property immediately following the Pre -Submission
Conference.
Proposals must be delivered to the Office of the City Clerk, (First Floor Counter) City
Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Friday, August 4,1995. 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 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
2
95-- 282
fig.-
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 and its consultant(s), 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 subject property or in the development proposed
thereon.
Right To Reject all Proposals: Pursuant to City Charter Section 29-A, sub -section (c)(6), the
City reserves the right to reject all proposals and 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.
Reservation: The information contained in this RFP is published solely for the purpose of
inviting prospective proposers to consider the development opportunity described herein.
Prospective proposers should make their own investigations, projections, and conclusions
without reliance upon the material contained herein.
B. Location and Characteristics
The Property to be developed is located on Virginia Key, a 1,000 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.
C. Site Description
As shown in Figure 3. Site Location Man, the Property is bordered on the south by the National
Marine Fisheries Institute, on the west by the Miami Dade Water and Sewer Treatment Plant
access road, on the east by the Atlantic Ocean ("Bear Cut") and on the north by Norris Cut,
which separates Virginia Key from Fisher Island. The total acreage of the Property is 153.82
acres, the boundaries of which are shown on the Sketch of Survey included herein as Exhibit 1.
95- 282
3
Figure 1. REGIONAL LOCATION MAP
1
REGIONAL LOCATION
Figure 1
95-- 282
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Figure 2. AREA LOCATION MAP
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Cr
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VIRGINIA KEY
\. 1{eY Biscayne
Figure 2
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AREA LOCATION
95- 282
1 Existing Facilities:
• A public beach approximately 8,630 lineal feet in length with elevated lifeguard stations,
• Entrance guard house (approximately 100 sq. ft of enclosed floor area).
• A public bathroom and food service concession facility of approximately 400 square feet of
enclosed floor area with kitchen space and serving area in the southern park area.
• A second public bathroom facility with public phones at the northern beach area.
• Two covered outdoor picnic shelters (open grills) with bench seating in southern section of
park.
• Carousel building with side door flaps to open to outside, with approximately 1500 square
feet of enclosed floor area.
2 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 supports migratory birds and waterfowl that are comparable in diversity to
those found in Everglades National Park. Turtle nesting areas on ocean beaches and upland
habitats for West Indian Hardwood and subtropical flora add to the unique natural character of
the island.
The island is flat with little more than six (6) feet of natural variation in elevation above sea
level. Within the Property, a small pond exists approximately 2 acres in area in the southern
end of the site (see aerial photo, Figure 4, Site Conditions). Open meadows occupy
approximately 40 acres with the remaining 109 acres of the Property heavily wooded.
The accompanying Figure 5, Environmental Conditions, describes several areas within the
property that are considered sensitive or protected habitats including wetland, coastal strand
(hammock), mangrove areas, and beachfront dune areas. In total, these areas cover
approximately 60 acres of the Property reducing the developable site area to approximately 95
acres. Conditions within developable areas vary in suitability for development of campground
facilities.
3. Post Hurricane Andrew Conditions:
Although impacted by Hurricane force winds in August of 1992, (see Figure 6, Flood Insurance
Rate Man) little beach erosion occurred due to the existing protective groins. Substantial loss
of Australian Pine trees (considered an undesirable exotic) however resulted from the storm.
The City is currently engaged in a major rehabilitation of the property utilizing $340,000 in
FEMA funds to clear and remove fallen trees and debris. In addition, the State of Florida has
funded an estimated $950,000 tree replanting and exotic pest plant removal program for the
property as well as a $150,000 beach renourishment program that will place additional beach
grade sand along 3,000 lineal feet of shoreline. All work under these programs is anticipated to
be completed by January 1, 1996 with follow-up exotic plant removal programs in subsequent
years.
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4.,
Figure 4 Site Conditions
AERIAL PHOTO
JANUARY,1993
LA
MAR
LAKE KE
�
"SHRIMPER'S
LAGOON`
PUBLIC BEACH ENTTtANCE
AND PARKING
DADE
WATER &
SEWER
PLANT
MUNICIPAL
LAND FILL SITE
(CLOSED 1976)
EXISTING BATHROOMS
SHELTERS &
CONCESSION BLDGS.
PUBLIC ACCESS ROAD
NOAA LABS
NAT'L FISHERYS
PUBLIC
h
SWIMMING
.S BEACH
Site Conditions
FIGURE 4 N
8 95- 282
FIGURE J. ENVIRONMENTAL CONDITIONS
Areas of Restricted
Development
Note: all depicted boundaries are approximate.
More precise locations to be determined by
biological field surveys.
Wetlands or Mangrove
No Development
High Quality Hammock
No Development
Disturbed Hammock
No R.V. sites
Development only with DERM permit
Degraded Wetland
Development only with DERM permit
Coastal Dune
Development only with DERM permit
Coastal Construction
Control Line
Environmental Conditions Figure 5
0
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Flood Insurance Rate Map Figure 6
10
95- 282
0
4. Existing and Historical Uses
The northeastern portion of the Property with its sandy beach front and granite erosion control
groins has been operated as a supervised (life guarded) public beach continuously since 1985 by
the City of Miami Parks and Recreation Department, except for a brief interruption after
Hurricane Andrew in 1992. The facility is used as swimming and wind surfing beach, with
j picnicking, nature walks/observation as ancillary recreational activities in the adjacent densely
wooded hammock. An entrance fee is presently charged for access to the beach on a "per
vehicle" basis. It should be noted that the northeasternmost edge of the Property is nationally
regarded as a top quality wind surfing beach, due to its strong winds and calm waters. Proposers
are encouraged to not only continue but enhance this recreational use through added amenities
j and support facilities.
The southern portion of the Property, characterized by open meadows and scattered park
structures, as well as a sandy beach with wooden groins, was originally operated as a public
beach by Dade County. Since 1985, this portion of the site has been available to the public on a
permit basis, primarily as a festival, large group picnic and group camping ground, with an
estimated 45 events of this type held annually. The ball diamond is also available by permit, and
is used regularly by local schools.
In historical terms, the southern portion of the site is holds keen interest in the community as a
mile marker in local civil rights struggles. After considerable pressure from the black
community, the southern beach was opened by Dade County in the 1940's as the first and only
designated black beach. The 1960's desegregation rulings ultimately opened the site to the entire
community, but decreasing use and less than optimal swimming conditions led to the eventual
decline of this public recreational facility. The County later deeded the site to the City of Miami
as part of a land exchange in 1981. From 1981 to 1985, the northern site was open for
unsupervised public use, while the southern portion remained closed and used primarily for
police training activities. Recognition of this site as a former segregated beach is an important
community concern.
5. Existing Utilities:
As shown on Figure 7, Existing Utilities, bordering the westerly edge of the site are two water
mains, 20" and 8" mains, with extensions of the 8" main into the site to the northern and
southern sections of beach. A new 102" sanitary sewer force main has recently been installed
adjacent to 24" and 12" force mains along the southwesterly edge of the property. Full electric
and telephone service from the southwestern corner of the site currently exists.
6. Adjacent Uses & Conditions:
The subject Property is bordered to the immediate west by the Central Sewage Treatment Plant
operated by Metropolitan Dade County. While past conditions within the plant have created
odor problems that occasionally affected surrounding properties, recent and continuing
improvements to the facility have substantially reduced these problems (see Exhibit IV - Letter
from Water & Sewer Authority, dated June 14, 1994) and are expected to the problems
completely by 1996. Truck traffic to and from the plant will be rerouted to a new access road
thereby removing traffic from the roadway abutting the campground site.
+ " 95- 282
Existing Utilities Figure 7
12
5— 282
i
,j
I A municipal landfill, closed in 1976, occupies 100 acres of land immediately west of the
campground site and cannot be developed. The only landfill impact on the campground site will
be the prohibition of ground water wells.
Immediately south of the Property is a complex of Marine Research facilities including the
National Marine Fisheries, the National Oceanographic and Atmospheric Administration, and the
University of Miami Rosensteil Marine Science Institute.
Two major public marine attractions share Virginia Key southwest of the campground site,
including the Seaquarium, a marine entertainment park, and the Miami Marine Stadium. Marine
Stadium is now closed due to structural damage but is the subject of a Request for Proposals by
the City of Miami, (due mid 1995) for refurbishment as a spectator facility for marine events.
The Property and facilities will be open for inspection to prospective proposers by appointment
only. Contact Eduardo Rodriguez, Director of Asset and Capital Projects, at telephone (305)
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.
For the purposes of this RFP, the City obtained two (2) appraisals of the subject Property for the .
The appraisal dated December 1, 1994 yielded the following results: an estimated market value
of $9,300,000, and a recommended annual market rent of a guaranteed minimum annual base
rent of $300,000 or 7% of gross annual income, whichever is greater. The appraisal dated
October 5, 1994 yielded the following results: an estimated market value of $1,700,000, and a
recommended annual market rent of a guaranteed minimum annual base rent of $162,000 or
7% of gross annual income (assuming real estate taxes on both land and improvements),
whichever is greater. The appraisals are available for public inspection by appointment only.
Contact Eduardo Rodriguez, Director of Asset Management for an appointment at (305) 372-
4640.
E. ]Lease 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 thirty (30) years with up to two five (5) year
renewal options, subject to renegotiated terms. Proposals for shorter lease terms are preferable.
F. Financial Return to the City
Annual lease payments to the City shall be not less than $300, 000 as a minimum annual
guarantee (which may be adjusted annually subject to Consumer Price Index increases over the
lease term) or 7%, whichever is greater. The City is seeking an offering of 10% of gross
revenues (including all commercial sublease revenues) as the preferred return. Proposers are
advised that the above listed amounts are the minimum required for proposal submissions, and
will be subject to negotiated increases in the final lease terms, depending on the extent and
13
95- 282
qx•
i
quality of improvements proposed. Proposals offering less than the stated minimum shall not
be considered.
G. Taxes
All entities contracting with the City under the UDP process shall be obligated to pay whichever
is the greatest of the following: (1) all applicable ad valorem taxes that are lawfully assessed
against the Property, or (2) an amount 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
i credited against any revenue accruing to the City under any contract that may be awarded under
the UDP process.
Estimated Current Ad Valorem Taxes: Assuming an estimated appraised land value of
$1,700,000 (see Section II.D. "Appraised Value") and an estimated project improvement cost of
$6,690,000, the total assessed value (both land and improvements) would be estimated at
$6,712,000 (representing 80% of the total estimated appraised value). The resulting estimated
annual property tax, based on the 1994 millage rate of 31.1095, would be $208,806.95. These
estimates are for illustrative purposes only. Ad valorem taxes, if assessed, will depend on the
value of the proposed improvements.
H. Zoning
Pursuant to City of Miami Zoning Code, approximately 140 acres of the Property is zoned PR -
Parks and Recreation. The balance of approximately 13 acres, located in the vicinity of
Shrimpers' Lagoon, is zoned CS - Conservation. It is the City's intent to amend the Zoning
Atlas to change portions of this particular CS -zoned site to PR - Parks and Recreation so as to
conforni with the adopted Citywide Comprehensive Land Use Plan Map, thereby permitting
limited marina and recreational uses and improvements as called for in the Plan.
As described in the official City of Miami Zoning Code Regulations and as delineated on the
official Zoning Atlas of the City of Miami, allowable uses in Parks and Recreation zoned areas
include: a) public or private parks
b) living quarters for caretakers, watchmen or other necessary personnel.
c) recreational facilities
with Commission approval at a public hearing:
c) boat rental and charters.
d) supporting entertainment services such as restaurant and retail
e) recreational marinas
f) retail sales of boating, diving and recreational equipment.
} On November 1, 1994 the southernmost 40 acres of the site was annexed to the City of Miami
(see Figure 8 - Prolerty Annexation). As of the publication of this document there is no official
zoning classification yet applied to these newly annexed 40 acres. It is, however, the intention of
the City to apply the PR District to the annexed site in conformance with the existing zoning for
the balance of the site.
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 PR zoning district, refer to
the City of Miami Planning, Building and Zoning Department at 275 NW 2nd Street, 579-6086.
14
95- 282
pg.,
Figure 8 Property Annexation
AOL.
City ®f Miand
Area of Annexation
November 1, 1994
PROPERTY ANNEXATION Figure 8
15
95- 282
.,1
I
I Unified Development Project 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 in Section VI.A.
I 3. Evaluation of responsive proposals by a Certified Public Accounting firm in
j accordance with criteria specified in Section VI.C.
4. Evaluation of responsive proposals by Review Committee appointed by the City
j Commission in accordance with criteria specified herein in Section VI.B.
i
} 5. Independent report of findings and recommendations submitted to City Manager by
i
CPA firm and Review Committee.
6. City Manager recommendation to the City Commission of one or more of the
proposals, based on the findings of the CPA firm and recommendations of the Review
Committee, or alternatively, the City Manager's recommendation that all proposals be
rejected.
7. City Commission acceptance/rejection of City Manager's recommendation.
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.
I
9. Negotiation of lease agreement between the City and the selected proposer.
10. City Commission authorization to execute the negotiated lease agreement with the
- selected proposer. (The selected proposer shall have no vested rights, nor title or interest
in the Property or in the development proposed thereon until such time as a lease
agreement is executed.) Scheduling of the proposed lease agreement on the ballot of the
next available referendum for approval of the voters if less than three (3) proposals were
received.
11. Approval of the lease agreement by a majority of the municipal electorate at a
referendum, if less than three (3) proposals are received by the City in response to this
RFP.
12. Execution of lease agreement between the City and the selected proposer.
I
95- 282
16
VIM
J
J Unified Development Schedule (Tentative)
Issuance of the RFP
Tuesday, May 5, 1995
Proposal Pre -Submission Conference/Site Inspection
Wednesday, June 7, 1995
Location: Department of Development
10:00 a.m.
300 Biscayne Blvd. Way, Suite 400
Miami, Florida 33131
Proposal Submission Deadline
Friday, August 4, 1995
Location: Office of the City Clerk
2:00 p.m.
Miami City Hall - First Floor Counter
3500 Pan American Drive
Dinner Key
Miami, Florida 33133
Initial Review of Proposals (by staff)
August 1995
Review Committee Meeting for Instruction
August 1995
CPA Firm's initial evaluation of Proposals made available to
August 1995
Committee
Review Committee Meeting(s): CPA Firm presents its Findings to
August 1995
Committee, Committee Interviews Qualified Proposers
Recommendations from the Review Committee and CPA Firm to
August 1995
the City Manager
Recommendation from the City Manager to the City Commission
September 1995
for Selection of One or More Proposals and Authorization to
Negotiate Lease - or - Rejection of all Proposals
City Commission Scheduling of Referendum Ballot item, if
September 1995
necessary
Begin Lease Negotiations with Selected Proposer
September 1995
Referendum of Voters (if necessary)
November 1995
City Commission Authorization to Execute Negotiated
December 1995
Execution of Lease
January 1996
17
95- 282
III. REQUEST FOR PROPOSALS - GENERAL REQUIREMENTS
This RFP is being issued in accordance with City of Miami Charter Section 29 and City Code
Section 18-52.9, which are incorporated herein by reference and included as Appendix A. The
following information highlights certain requirements for UDPs include:
A. Declaration as a UDP
The City Commission determined and declared by Resolution that for the development of
improvements on City -owned property or property to be acquired by the City, it is most
advantageous to the City to procure from the private sector one or more of the following
integrated packages: (1) planning and design, construction and leasing; or (2) planning and
design, leasing, and management; or (3) planning and design, construction, and management; or
(4) planning and design, construction, leasing and management from a private entity.
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 seeks to procure an integrated development package from the private sector including
planning and design, construction, leasing and management of the Property.
B. Commitment of Funds
1. City
The City shall not provide funds or financing for the development contemplated by this RFP.
2. Selected proposer
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 UDPIRFP.
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 $2,000,000 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.
Submission of the proposal shall include as evidence of the proposer's creditworthiness and
ability to meet its proffered financial commitments for the proposed devlopment an irrevocable
letter of credit in the minimum amount of $100.000.. The City of Miami reserves the right to
accept or reject any and all tenders, said letter of credit being subject to the review and
acceptance of the City's Finance Director and the Director of the Office of Asset Management
and Capital Improvements.
C. Commitment of Property
The Property and its improvements are offered "as is" by the City for development and long term
management. No representations or warranties whatsoever are made as to 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, that the City may have in its possession are available as public records.
The City intends to 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 thirty (30) years with two (2) five (5) year
renewals. 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 one mile 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.
E. Execution of Contracts
Upon the conclusion of the UDP process as required by applicable City Charter and Code
provisions, including any required voter approval, the lease agreement for the property shall be
signed by the City Manager or his duly authorized designee after approval thereof by the City
Commission. The selected proposer shall not have any vested right, title or interest in the
property until such time as the leasehold agreement is executed.
,.� CC c� 2�P�j 82+c�
19 95—
4.,
F. Right of Termination
In addition to any other right of termination available, any substantial increase in the City's
commitment of funds, property, or services, or any 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 City 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 such right and the selected proposer shall bear all of its own costs
with respect thereto.
As required by subsection (e)(4) of City Charter Section 29-A(c), "substantial increase" shall be
defined as a 10% or more increase in the City's proposed commitment of funds, property, and/or
services, and "material alteration" shall be defined as a failure to comply with all aspects of the
proposal except as specifically permitted in writing by the City Manager.
20
95- 282
IV. REQUIRED ELEMENTS OF DEVELOPMENT PROPOSALS
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 feasibili1y of the proposed
development.
}
A. Development Objective
Proposals must provide and maintain a full -service destination recreation campground, including
the operation and maintenance of a public oceanfront beach, and ancillary recreational services
and amenities. The Campground is intended to serve all socio-economic segments and camping
interests of the local resident and tourist population including youth groups, environmental
associations, educational groups, novice and serious campers, disadvantaged and inner-city
residents, and touring campers following extended itineraries through North America. To that
end, campground developments that offer a broad, yet balanced, range of camping opportunities
and amenities are preferred.
E.
Given the unique and diverse environmental attributes within the Campground site and the
surrounding lands and waters of Virginia Key, the City believes that an extraordinary opportunity
exists to develop a camping facility that responds especially to the environmental or "Eco-
Tourism" market. As such, the overall objective of the campground is to provide a traditional
recreational camping experience that is enriched by on -site educational and programmatic
!
linkages to the island's unique resources.
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. Proposals must meet the City's development objective of
compatible public/private utilization of the Property.
B. Use
The principal use of the Property shall be a commercial campground. Ancillary uses of the
facility include campground -related services for the use of the campers and general public. All
uses provided for shall be non-exclusive uses. 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.
1. Principal Use
(a) Campground Facility
A campground facility shall be developed as a destination attraction which
offers varied types of camping experiences including primitive (soft tent),
recreational vehicle, trailer, fixed platform tent, fixed cabin, general group
a camping area and resident group camping facilities. The mix of camping
facility types shall be as dictated by financial viability and other factors of
i each individual proposal, taking into consideration the City's development
-,1
21 95" 2-2
i
U
objective and provided taht the total number Qf individua.I camg sites
exclusive Qf nritnitive sites shall not exceed 500. A group camp site shall
count as one site.
Recreational Vehicle and Trailer Camping shall be suitable for individual
and/or family occupancy. A minimum of one hundred (100) RV/trailer
sites is recommended, though RV/trailer sites may comprise the majority
of the total camp sites. Certain environmentally designated areas of the
Property may not be used for RV and trailer sites.
The Primitive Camping area should be a recommended minimum of three
(3) acres in size suitable for individual and family tents, tarps or open air
camping, with dedicated communal bathroom and shower facilities.
The General Group camping area will serve several groups of 20 or more
j individuals per group and should be a recommended minimum of three (3)
acres in area with dedicated communal bathroom and shower facilities.
The Resident Group camping area will serve special programs that provide
programmed length -of -stay activities for educational, environmental,
youth and service organizations. The resident group camping area should
! be a recommended minimum of three (3) acres and shall include enclosed
facilities for food preparation, open-air dormitories, a classroom and
restrooms/showers.
The Fixed Cabin facilities (pre-fab or custom built) shall be limited in
occupancy to six (6) persons. Fixed cabins should comprise not more
than 30% of all individual campsites, as a recommended maximum.
The Fixed "Platform Tent" facilities are envisioned as raised wooden
platforms with non -air conditioned frangible tent structures permanently
affixed and installed water and electric outlets. "Platfrom tents" or
sleeping cabanas, if provided, should comprise not more than 40% of all
individual campsites as a recommended maximum.
Both Primitive and Resident Group Camping areas should be separated from high
activity centers, concessions and RV sites to minimize noise and use conflicts.
1 The campground shall limit individual tenants length -of -stay to short term
seasonal visits and shall not permit "quasi -residential", extended stay occupancy.
A maximum stay of 120 calendar days is recommended.
i
(b) Public Swimming Beach -
The Selected Proposer (Lessee) shall be required to manage and maintain
the ocean beach for public and campground tenant use. Public vehicular
access shall be provided at the northerly entrance to the beach (see
Exhibit 3, Site Location Map). An entrance fee may be charged,
consistent with fees charged at Crandon Park or Bill Baggs (Cape
Florida) State Park on Key Biscayne. Due to hazardous swimming
22 95` 282
i
conditions created by tidal currents along the southerly (Bear Cut) portion
of the beach front, it is recommended that beach swimming be confined to
the existing swimming beach area (see Exhibit 3, Site Conditions) that
constitutes the northernmost 6,000 lineal feet of the Property's ocean
j shoreline. Due to the unique water and wind conditions near the north
end of the beach, continuation and enhancement of wind surfing as a
recreational use by the public is also encouraged. Note that entrance fees,
opening/closing hours, parking, beach capacity, access to and from the
campground, and other operational parameters of the public beach shall
ultimately be the responsibility of the successful proposer to determine,
with implementation subject to City Commission authorization where
required.
i 2. Ancillary Uses
I
(a) Campground -Related Services and Recreational Amenities - As a Destination
Campground, it is highly desirable and expected that a full program of activities
and recreational facilities will be available to campground tenants and the general
public, as applicable..
1) SWIMMING (fresh water facilities)- Proposals may include as an
optional ancillary use, fresh water recreational pools and / or water park
which shall not exceed 10 acres in size, including parking. This facility is
intended to principally serve the campground as an extension of recreation
and activity programs for tenants. The design of the facility shall
complement and blend with the visual character and natural qualities of
Virginia Key and aesthetically enhance the campground through extensive
use of landscaping and natural materials. Artificial "themed/fantasy
entertainment" designs are not permitted. An overall height limitation of
thirty five (35) feet will apply to all improvements.
2) GAME COURTS & PLAYGROUNDS- Game court facilities such as
basketball, tennis, volleyball, shuffleboard, and children's playground
equipment shall be located within 1,000 feet of all camping sites.
3) PICNIC FACILITIES - Picnic tables, barbecue grills or fixed concrete
pits shall be provided in conjunction with the swimming beach and may be
provided with all other amenities.
4) RECREATION BUILDING / ACTIVITY CENTER / DAY CARE -
A general purpose structure suitable for indoor games and programmed
leisure activities, inclement weather activities, child care (baby-sitting)
services or children's shows is recommended.
5) HIKING & BIKE TRAILS - Paths suitable for hiking, jogging/fitness
trail, interpretive nature trails, biking or skating shall be incorporated to
link all areas of the campground. Use of motorized all -terrain vehicles
anywhere on Virginia Key, including the campground, is prohibited.
23
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6) CAMPFIRE THEATER - An open amphitheater with a stage and
fixed seating for conducting camp programs such as lectures, sing -a -longs,
films, and entertainment shall be provided.
7) TRAM TOURS and SHUTTLES- Proposers are encouraged to include
tram type services for transporting groups to area attractions including the
Seaqarium and Marine Stadium & adjacent marinas and to include an
internal shuttle to interconnect facilities within the 1.5 mile length of the
campground.
8) BOAT TOURS, DIVE & FISHING TRIPS - Marine related
concessions located adjacent to Lamar Lake ("Shrimpers Lagoon") may be
provided and can include charter fishing and dive boats, boat rentals and
related services operating from floating docks accommodating up to eight
vessels. No public dockage, fueling services or Jet Ski rentals will be
permitted. Construction of such docking facilities is subject to lessee
obtaining all required permits including those issued by Metropolitan
Dade County Department of Environmental Resources. While the City
will support and assist in efforts to secure such permits, no assurances are
made herein that required permits for docking facilities will be approved.
9) WIND SURFING - Due to the unique water and wind conditions near
the north end of the beach, continuation and enhancement of wind surfing
as a recreational use is encouraged. Rental of sailboards and sailboard
training as a recreational concession is recommended.
9) OTHER RECREATIONAL CONCESSIONS - Rental of sailboats and
catamarans, bicycles, diving equipment, etc. that enhance public
recreational activities are permitted and encouraged. A mini -golf facility
is especially attractive to elderly tenants. Rental golf -type electric carts for
use by occupants of individual camp sites to facilitate tenant access to
activities and services within the campground and to reduce internal
circulation of automobiles is permitted.
10) RETAIL SERVICES - The campground may include a general
provisioning retail store up to a maximum of 3,000 sq.ft. of enclosed floor
area. This establishment will be for the general needs of the campers
including packaged and fresh foods, camping equipment, sundry goods,
gift shop/souvenir merchandise, convenience supplies and household
goods.
11) PREPARED FOOD SERVICES - Prepared food and beverage
concessions are permitted up to a maximum of 5,500 sq. ft. of combined
total enclosed floor area for all establishments within the campground, all
inclusive. One (1) "table service" restaurant not to exceed 4,500 square
feet in gross floor area may be provided. Snack Bars and similar such
"open air" convenience food and beverage concessions for campground
tenants and public beach visitors are permitted and encouraged. Sales of
24 95 -- 282
..t
beer/wine are currently permitted within snack bar and/or restaurant
concessions, and alcoholic beverages may be permitted within licensed
restaurant facilities upon adoption of required legislation by the City
Commission. Food and beverage concessions within the water
recreational facility, if provided, shall be limited to 2,000 square feet.
12) CONVENIENCE SERVICES - Campground comfort station
elements are required and shall include full service public restrooms,
laundry machines and pay telephones.
(b) Trailer Storage
Up to two (2) acres of the leasehold Property may be utilized for storage of
i privately owned camping trailers and recreational vehicles. Display of new
trailers or RVs for sale is prohibited.
The City is currently seeking clearance from County and State agencies for the
use of additional City owned lands within the adjacent land fill site (see Exhibit 4,
Site Conditions) for up to five (5) acres of parking for storage of trailers and RVs.
to be operated by the Campground Operator. At the time of this RFP issuance, it
has not been determined if approval for such a use and parking improvements
will be granted by such regulatory agencies. Proposals should anticipate the
possibility for future inclusion of the additional five acres for storage use and
address whether or not the additional acreage, if available would be utilized.
C. Proposed Site Improvements
The proposal shall 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 Selected Proposer will be responsible to obtain all required permits
and approvals from all agencies with jurisdiction.
The design of new structures and/or refurbishing of existing structures shall 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. Overall height of new structures
shall be limited to thirty-five (35) feet above grade, including flood criteria.
A schematic landscape plan shall be submitted identifying areas of proposed tree canopy -
}} existing (to be retained) and new plantings - accompanied by a typical landscape materials list.
A prototype detailed landscape plan for a typical camping site shall be provided.
(a) Design Standgrds and Guidelines for Campground Improvements -
1) The development should comply with all provisions of ANSI Al 19.4
(National Standard for RV Parks and campgrounds).
2) All trailer and RV sites shall have full utility connections including sewer,
water (double hose bibs) and electric. All Group and RV sites should have 50
25
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amp service. Cable TV connection is highly desirable for trailer and RV sites.
Electrical hookups at tent and primitive areas should be 20 amp service.
3) All utilities shall be underground or suspended below raised boardwalks..
4) Electric service shall be principally through a primary meter. Individual site
meters, if utilized, shall be limited to fewer than 20% of all sites.
5) Bath house/toilet facilities of not less than 1 per 75 campsites shall be located
within 500' maximum walking distance from any camp site (300' desirable).
South Florida building code (used by State of Florida Health Department)
requirements for bathrooms are 1 men's and 1 women's water
closet/lavatory/shower per 100 trailer/RV sites and 1 men's and 1 women's water
closet/shower for each 12,500 square feet of tent camping area. (25 tents @ 500
SF. / tent).
6) All vehicular circulation roads shall be paved.
7) Street lighting shall be limited to intersections. Each camper/RV site shall
have a low entry marker light and location number.
8) Individual campsites shall include a raised pad of crushed aggregate rock for
pitching tents, a charcoal grill (ground level tilt -back grills set in a concrete base
to accommodate campfires are preferred), and a picnic table. Free standing
lantern hangers are desirable. Defining the site limits of individual campsites with
cross -ties or similar physical edge treatment is desirable.
9) Individual trailer and RV campsites should be separated by a side landscaped
area an average of 20 feet in width. Landscaping shall include overstory trees to
shade living areas and understory shrubs to provide visual screening and
separation of campsites.
10) Landscaping generally shall meet "Xeriscape" design standards incorporating
native plant species with drought / salt tolerant characteristics.
11) Two (2%) percent of all campsites shall be barrier -free by incorporation of a
compacted limestone base throughout the site to facilitate wheelchair movements.
12) In general, back -in parking is the preferred scheme for campsites. Pull
through parking design, although attractive for some segments of the RV/trailer
market, is less desirable as is pull -off (roadside) parking. Pull -in parking is
unacceptable.
13) Ground water wells are prohibited.
14) Required on -site group parking and utility/service areas shall be organized,
appropriately landscaped, and screened from surrounding streets and adjacent
property. Proposals shall also include a compatible, safe and effective pedestrian
and vehicular circulation system to service the proposed development.
15) Unified design for all components of campground signage will be required
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16) Use of environmentally "friendly" systems including recycled building
materials, solar power, passive solar concepts (shading, solar glass, etc.), waste
and water recycling, composting, low energy use systems including climate
control & natural ventilation systems, and raised walkways to minimize ground
disturbance in ecologically sensitive areas are especially encouraged.
D. Proposed Customer and Public Services
The Proposal shall describe levels of customer service to be provided by the campground
operator, including, but not limited to :
(a) Security - Policies, procedures and proposed staffing for providing 24 hour security
to the campground and visitor facilities including the swimming beach. City policy
permits closing the beach to general public use (non -campground tenants) from sunset to
sunrise.
(b) Affiliations - Proposed campground operator should be affiliated with the National
Association of RV Parks and Campgrounds, subsequent affiliation with the Florida
Association of RV Parks and Campgrounds is recommended. The operator should have a
licensed affiliation with camping networks including: Best Holiday Trav-L-Parks, the
Good Sam Club, American Automobile Association Campbook Listing, Woodall's
Camping Directory, Trailer Life Campground Guide, Adventure Outdoor Resorts, Coast
to Coast Resorts, The Florida Association of RV parks and Campgrounds, and the Florida
RV Trade Association.
(c) Customer Service Programs - Detailed information should be provided on
developer/operator experience in the hospitality industry and plans to implement
customer service programs to assure high levels of consumer satisfaction for campers and
day use visitors.
(d) Recreation and Environmental Education Programs - Detailed information should
be provided on developer/operator experience and plans to implement programs of a
social, cultural arts, recreational, and/or environmental education nature to augment day
use and the camping experience.
(e) Employee Guidelines - Provisions for training employees and maintaining standards
of conduct to ensure quality delivery of visitor services including proposed guidelines for
employee appearance and uniforms.
(,) Lifeguard and Emergency Medical Services - Provisions for providing emergency
medical response and mint: injury treatment.
E. Permitting and Licensing
The Selected Proposer, at his or her sole cost and expense, shall be responsible for acquiring all
required permits, licenses and approvals from all agencies with jurisdiction, including but not
limited to, the City, Metropolitan Dade County, the State of Florida and public utilities. All site
improvements must comply with all applicable building, fire, zoning, health and other code
requirements. The Selected Proposer shall be responsible for acquiring all required permits and
approvals. The City will assist through expedited review procedures, if applicable.
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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 southerly portion of the campground site,
heretofore outside the City's municipal limits (see previous Figure 8 - Property Annexation).
The ft.peroy as offered in this RFP is now entirely within the Ci,corporate limits and
abject to building and zonin�nermitting by the Ciiv of Miami. The City is amending the
Citywide Miami Comprehensive Master Land Use Plan and accompanying Zoning Map to
reflect the historical and proposed recreational use of the site as Parks and Open Space Use and
P-R (Parks and Recreation) zoning as listed under Ordinance No. 11106 adopted November 23,
1993.
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 Florida Statutes 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, the DRI threshold requirements for a
campground is 500 RV spaces and for a water recreation park is 1,000 parking spaces. It should
be noted, however, that these two components will be evaluated by the Florida Department of
Community Affairs as an single multi -use development subject to aggregation of threshold
percentages. For more information on this process please contact Ms. Julia Trevarthan at the
South Florida Regional Planning Council, 1-800-985-4416.
Coastal Construction Control Line - Exhibit I is a survey sketch of the Property that includes a
description of the Coastal Construction Control Line. Attached in Appendix D are the State of
Florida Regulations concerning development within and adjacent to the Coastal Construction
Control Zone. Compliance thereto is mandatory for any development within and adjacent to said
Zone. Approval of the Florida Department of Environmental Protection will be required for all
development within the Coastal Construction zone.
Environmentally Sensitive Lands - A Class I Coastal Construction Permit from Dade County is
also required for any work in, on, over or upon any wetlands, tidal waters or affecting mangroves
on the subject site. Permits from state and federal agencies will be required for work in all
jurisdictional wetlands - see Figure 5, Environmental Conditions. Sandy beaches along Virginia
j Key are turtle nesting habitats that must be protected and preserved. Artificial lighting in the
vicinity of these beaches may not affect the beach nesting areas. Coastal Hammock areas will
require site plan review by Dade County Department of Environmental Resources Management
(DERM) to determine appropriate locations for tent campsites (no trailer or RV sites will be
allowed in hammock areas.) All landscaping within the hammock area must be native plant
material subject to approval by Dade County DERM. The Selected Proposer (Lessee) will be
expected to manage the natural areas to assure the current exotic and pest plant removal program
conducted by the City and County is sustained.
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FIG URE 5. ENVIRONMENTAL CONDIT102VS
Areas of Restricted
Development
Note: all depicted boundaries are approximate.
More precise locations to be determined by
biological field surveys.
Wetlands or Mangrove
No Development
High Quality Hammock
No Development
Disturbed Hammock
No RV. sites
Development only with DERM permit
Degraded Wetland
Development only with DERM permit
Coastal Dune
Development only with DERM permit
Coastal Construction
Control Line
Environmental Conditions Figure 5
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4.,
Impact Fees - Current City of Miami impact fee regulations mandate that the proposed
development of this Property is not subject to the imposition or payment of City
developmental impact fees. Metropolitan Dade County has preliminarily determined an
impact fee of $2362 per developed acre (approximately $425/campsite for 500 sites, less a credit
for prior use impacts of approximately $67,574 or a deduction per campsite of $135.). The net
impact fee per campsite would, subject to verification of prior impacts by Dade County, be $290
per campsite for 500 sites. (see Appendix Exhibit V - Letter from Development Impact Office).
The Metro Dade Water and Sewer Authority will assess sewer hook-up charges of $5.40 per
gallon of water estimated to be used daily with an estimate of 50 gallons per day per campsite. It
is the responsibility of the proposer to determine, based upon the full proposed development
scheme and all uses for the property, the full extent of all impact fees to be assessed. The City
will assist the selected proposer in securing the most equitable assessment of impact fees for the
final approved project, taking into full account any and all credits available for historical use of
the site.
F. 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 two million dollars
($2,000,000).
G. 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.
H. Development Schedule
The City will require the development of proposed improvements to commence within three
months from the transfer of the leasehold Property to the selected proposer. The proposal must
include a development schedule which takes into account the commencement date required by
the City and which delineates the development of each significant improvement. A termination
clause will be included within the lease agreement to insure reasonable compliance with the
proposed development schedule.
In evaluation of proposals, the timetable for completion of the proposed construction shall be
considered along with the proposer's plans and commitment to minimizing the impact of
construction on the use of the site. All proposed development must be completed within the time
period specified in the schedule given in the proposal. Any and all proposed physical
improvements to the property for a first phase (if built in phases) must be completed within 18
months from the date of transfer of the leasehold Property to the selected Proposer. All
31 95- 282
subsequent phases must be completed within 48 months from the date of transfer of the leasehold
Property to the selected Proposer.
I. Composition and Qualifications of the Development ,proposing, Entity and
Consultants
Proposals shall include the professional qualifications and credentials that demonstrate the
development entity's ability to successfully undertake and complete development of the
i Property. The proposal must contain information sufficient to demonstrate the ability of the
development entity and its consultant(s), if any, to plan, design, construct, lease and manage a
campground facility with any and all related services and amenities proposed in accordance with
the development program outlined herein in this Section.
The Development Entity is hereby defined as the proposing entity (the legal entity:
corporation, joint venture, partnership, one or more individuals) with whom the City will
contract for the leasehold agreement.
The Development Entity, itself or through its consultant(s), if any, shall substantiate its
experience in all aspects of development and management of the campground facilities proposed,
subject to compliance with the qualifying criteria specified in Section V.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 Development Entity. However,
the Development Entity (including individual members thereof) shall only submit as part of one
submission and shall not be part of any other submission in any capacity.
The Development Entity and/or its consultant(s) assembled in response to this RFP shall, at
minimum, demonstrate professional expertise in each of the below listed disciplines. Copies of
currently effective licenses (for both individuals and businesses, as applicable) shall be included
in the proposal.
Architectural: shall be registered to practice architecture in the State of Florida as
required by Chapter 481, Part I of the Florida Statutes, Architecture, and shall have
substantiated experience in the design and development of campgrounds;
Engineering: shall be registered to practice engineering in the State of Florida as
required by Chapter 471 of the Florida Statutes, Professional Engineers, and shall have
substantiated experience in the design and development of campgrounds;
Landscape Architectural: shall be registered to practice landscape architecture in the
State of Florida as required by Chapter 481, Part Il, Landscape Architecture, of the
Florida Statutes;
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11g,
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 campground constructions;
Operations and Management: shall have substantiated experience in the operations and
management of campgrounds or camp facilities, RV parks, and relevant food service and
hospitality industry experience.
If ancillary services are proposed as part of the development, the Development Entity and/or its
consultant(s) shall document measurable relevant experience in each field(s) or area(s) of such
ancillary services, i.e., environmental education, commercial leasing, retail operation.
No additions or modifications may be made to the proposals and the entities and/or consultants
they represent subsequent to the submission deadline. New and/or current personnel who are not
identified in the proposal may not be introduced as part of the proposal entity subsequent to the
submission deadline. Respondents must notify the City in writing immediately of any firm or
individual presented in its original submission, either as part of the Development Entity or its
consultants, that becomes unavailable to continue. Any such change may result in the removal of
the proposal from consideration. All principals of the development entity may be subject to a
background check by the Miami Police Department. (For the purposes of this RFP, "principal"
shall be defined as the general partners, stockholders owning 5% or more of the corporate stock,
j 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. In addition, included in
Exhibit III herein is the City's "Local Office Affidavit Form" which shall be completed by
Proposers as appropriate. For proposal evaluation purposes, the Review Committee shall award
points for local firm participation based on the criteria established herein. (Refer to Section
VI.B.)
Exhibits II and III include forms soliciting detailed information which must be completed and
submitted with the proposal.
I Development Proposal Contents
Prospective proposers shall address and include, as part of their proposals the following items:
Development Plan:
Description of all aspects of the plan
Overall site development
Number of new buildings, if any, and use; square footage, height of each
Description of disposition, renovation and/or reuse of existing facilities
Number, type, size and construction of camping facilities
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hdG•
Number, size, type and description of recreational, educational, and/or other
i
ancillary amenities
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:
1
!
(Prepared by a registered architect licensed to practice in Florida and board -
mounted, size not to exceed 30" x 40")
Site Plan - Schematic site plan showing use areas by type, vehicular access and
circulation roads, pedestrian paths 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.
1
Models will not be accepted for review.
3.
Schedule of Amenities
4.
Management Plan (including such elements as: mission statement, operating
parameters and budget, revenue projections and cash flow analysis, employment
plan)
5.
Marketing Plan - Identification of primary and secondary user markets for types
of facilities and services proposed and a description of the strategies to be utilized
for attracting and strengthening those markets.
1 6.
Completed Declaration, Financial Disclosure and Professional Information forms
as detailed and included herein as Exhibit II.
1 7.
A stated commitment of annual minimum guaranteed rental payment to the City
'
and percentages of gross revenues collected.
8.
A written statement indicating the dollar amount to be spent on permanent
physical improvements to the Property, and an inventory or schedule of said
improvements.
9.
A schedule including all phases of the development including planning and
design, construction, and operations.
10.
Letters from financial institutions documenting the proposer's ability to finance all
aspects of the proposed development.
11.
Audited Financial Statements 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
i
officers.)
12.
All required bonds or letters of credit.
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34
13. Documentation of the proposer's (Development Entity's) and consultants' past
experience in related development and management.
14.
Resumes of key individuals to be involved in the proposed development.
15.
Individual Engineers, Architects and Landscape Architects must submit current
Certificates of Registration or Licenses, and corporations or partnerships in
those fields must submit current Certificates of Authorization.
j 16.
The organizational structure presented in graphic form depicting the proposing
entity and its professional consultants, including the names, affiliation and
addresses of all principals. This includes any and all general partners,
stockholders owning 5% or more of the corporate stock, corporate officers, and
executives and top management of the Development Entity.
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.
18.
City occupational license(s) and City "Office Location Affidavit" demonstrating
the participation of local firm(s), if any, in the Development Entity or its
consultants.
K. Method of Operation
The proposal must include a narrative describing the operation of the entire proposed
development. The description shall include, at minimum, an organizational chart, job
descriptions of key positions, brief outline of operating procedures, how and where the
development will be advertised, indication of which businesses are intended to be operated by
proposer and which businesses are intended to be subleased or to be operated under a
management contract. 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. Minority 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. The City of Miami adopted
} Ordinances No. 10062 and 10538 to stimulate participation of qualified minority/woman-owned
firms/sole proprietors (M/WBE's) in all City projects.
Minorities are expected to be an integral part of the development entity and its
C consultants, to participate substantially in construction contracts and jobs, and to comprise a
significant part of the permanent management team, ancillary businesses and work force created
by the development. For the purpose of proposal evaluation, "significant" minority participation
in the Development shall be defined as not less than 30% of the proposing entity with each
minority group (black, Hispanic, and female) having not less than 5% each. As evidence of
35
95- 282
kx"
I
i
minority compliance, proposers are required to complete the applicable forms included in Exhibit
All firms/sole proprietors seeking to participate as M/WBE's and not already certified
with the City's Minority/Women Business Program shall meet all requirements of the above
cited Ordinances. Specifically, such M/WBE's shall not have a net worth in excess of
$2,000,000 nor employ more than twenty-five (25) employees. If not City M/WBE certified,
entities claiming M/WBE status must provide proof that they meet these requirements. All
firms/sole proprietors, regardless of minority status, must submit an affirmative action policy
statement, in compliance with said Ordinances, a sample of which is included in Exhibit III.
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. Submission Procedures
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 8-112"x I format
and one set of board- mounted illustrative drawings not to exceed 30" x 40".
2. Proposal submissions must be marked "Unified Development Project Proposal for
Virginia Key Campground, Virginia Key Beach, 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
City of Miami, City Hall
(First Floor Counter)
3500 Pan American Drive
Dinner Key
Miami, Florida 33133
4. The submission package shall be submitted by:
2:00 P.M.
Friday, August 4,1995
The time deadline and proposal receipt location will be strictly adhered to by the
City. No proposals shall be received or accepted after 2:00 p.m., August 4,
1995 or at any other City office location, other than the City Clerk's Office
` (First Floor Counter).
} 5. Proposal submissions must be accompanied by:
y A non-refundable cashier's check in the amount of $2,000 made payable to
1 the City of Miami.
Funds accompanying the proposal submission will be used by the City to cover
} actual expenses for advertising, printing, and mailing incurred by the City in
preparing and issuing the RFP. Expenses incurred in evaluating proposal
submissions, in excess of the total amount collected shall be reimbursed to the
iCity by the selected proposer upon execution of a lease agreement.
i
37 95-- 282
�.l
,,r.
i
VI. ]EVALUATION CRITERIA
Review procedures and the selection processes are set by the City Charter and Code of which
applicable excerpts are included in Appendix A. of this document.
At a public hearing held April 27, 1995, the City Commission authorized the City Manager to
issue the RFP. The City Commission also appointed a review committee from
recommendations submitted by the City Manager and selected a certified public accounting
(CPA) firm, both to evaluate submitted proposals.
The review committee established by the City Commission will render a written report of its
evaluation of all 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 as it deems to be in the
best interest of the City. In any event, the recommendation of the committee shall be
accompanied by written justification of its decision.
The certified public accounting firm selected by the City Commission will render an independent
report of its analysis of proposals to the City Manager. The accounting firm shall analyze each
proposal based on the criteria established herein. The accounting firm shall present its
preliminary findings regarding each proposal to the review committee prior to the review
committee completing its deliberations.
A Initial Review of Proposals for Compliance with 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 IV. and V. have
been included in the proposal submission.
2. The required number of copies and one original of the proposal, the board -mounted
illustrative drawings, and a $2,000 non-refundable cashier's check have been received by the
deadline date and time and at the correct location.
During this initial review, and prior to official review by the Selection Committee, Proposing
Entities may be contacted to cure proposals which contain non -material, non -substantive defects
as determined by solely staff, such as an out of date certification. If notified of such deficiency,
proposer shall correct such deficiency within ten (10) working days of receipt of notification.
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:
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jig.,
I
Value
riteria
,(Points
Experience of the proposing entity...............................................15
i � Capability of the Development Entity &Consultants
...................15
Financial capability of the proposing entity...................................15
Management & Operating Plan ..............15
Overall design of the proposed development.................................10
Environmental Design & Enhancement.........................................10
i
Financial return to the City............................................................10
Extent of minority participation.....................................................10
Local firms) participation ...............................................................6
Total Maximum Points..............................106
Proposers are encouraged to have the format of their proposals conform to the outline of factors
described below, which will be utilized by the review committee in evaluating the proposals:
1. Experience of the Proposing Entity (maximum 15 points)
Qualifications and experience of the proposing entity in planning and design, construction,
leasing and management.
Specific experience of the proposing entity in development, design, leasing and
management of campgrounds, beach, recreational facilities, and ancillary types of uses
proposed. A minimum of three (3) years experience in campground management/operation
is required.
2. Capability of the Development Entity and Consultants (maximum 15 points)
Composition of the Development Entity; professional qualifications and capability of
members, project managers, consultants and subconsultants as related to campground,
beach and recreational facilities development, construction and management.
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 campground developments comparable in scope, complexity, magnitude.
Good past performance in the administration of other developments and cooperation with
former clients.
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i
Demonstrated ability to meet time schedules and budget.
Qualifications, organization and experience of operational, leasing, management team
members.
Qualifications and specified experience of project managers, development entity
members and professional consultants in development and management of campground
facilities.
Specific experience of the Development Entity in relationship to development and
management of the types of ancillary uses proposed.
3. Financial Capability (maximum 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.
4. Management and Operating Plan (maximum 15 points)
Appropriateness and practicality of stated goals, objectives and policies of campground
management plan.
Viability, practicality and comprehensiveness of management plan, including such
elements as: mission, operating parameters and budget, revenue projections and cash flow
analysis, personnel organization and staffing plan.
Extent and feasibility of marketing plan, familiarity with primary and secondary user
markets for proposed facilities and services; and appropriateness of strategies to be utilized
for attracting and strengthening those markets.
Management approach to ancillary operations and businesses, particularly relative to stated
experience and capabilities and City's objectives.
Extent and quality of programs for maintenance, security, leisure services, public access
and customer/hospitality services.
5. Overall Design of the Proposed Development (maximum 10 points)
Fulfillment of the City's established development objective; extent and commitment to
destination camping, waterfront recreation and related leisure opportunities.
Appropriateness and quality of the design as a campground and as related to the character
and ecology of the site and the waterfront.
i
Appropriateness and quality of the design of new structures and any reuse of existing
a structures.
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4d���
Imaginative and creative treatment of architectural and site design of public access to and
design of public spaces, exterior spaces, circulation, view corridors, landscaping, graphics,
signage and lighting.
Efficiency of site design and organization, and compatibility of uses.
Range and mix of uses and amenities, particularly related to City's development objective
to target a broad socio-economic spectrum and varied camping interests of
potential users; extent of public access and amenities.
6. Environmental Design and Enhancement (maximum 10 points)
Sensitivity of overall design to natural environments and endangered species habitats.
Extent of environmental enhancement through native landscaping, restoration of existing
impacted areas and natural area management programs.
Provision of facilities for the use by community organizations for environmental
educational purposes.
} Use of environmentally "friendly" design including construction with recycled materials,
passive solar systems, low impact construction techniques, waste recycling and low energy
use systems.
Provision of interpretive trails, signage, public educational programming and trained
personnel for environmental management.
7. Financial Return to the City (maximum 10 points)
Annual lease payment including a guaranteed minimum annual rental p y g g payment or a
I 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.
8. Extent of Minority Participation (maximum 10 points)
Significant minority/women participation within the proposing entity.
Significant minority/women participation within the consultants to the proposing entity.
Subcontracting and hiring practices during construction.
1 Opportunities for minorities/women, hiring outreach and training opportunities in relation
a to leasing, management, operation and maintenance of facilities.
Affirmative Action Plans of Development Entity members.
9. Participation of Local Firm(s) (maximum 6 points)
A local firm(s) shall be defined as a firm having its primary business office established
within the City municipal limits. The firm shall have a current occupational license
issued by the City and shall have submitted a completed Office Location Affidavit.
41 95- 282
W.,
a. 3 points shall be awarded to a proposal submitted by a proposing entity that includes
one or more local firms.
b. 3 points shall be awarded to a proposal whose Development Entity includes local
firm(s) as 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 the financial viability of the proposing entity, the viability of
the financing strategies, source and structure; and will 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 and evaluate the economic, feasibility of the proposed
development. 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 CityManager.
42 9 282
i
i
VII. TERMS AND CONDITIONS OF PROPOSED LEASE AGREEMENT
A. Authorization
Upon authorization of the City Commission, the City Manager or his designee shall negotiate
all aspects of a lease agreement with the selected proposer. The City Attorney's office will
provide assistance to the City Manager or his designee during the negotiation of the lease
agreement and must approve the lease agreement as to legal form and correctness prior to its
execution. The lease agreement shall comply with all applicable City Charter and Code
provisions. Until such time as the lease agreement is executed, the selected proposer has no
vested right, title or interest in the subject property.
B. Terins and Conditions
The lease agreement shall address, but not be limited to the following terms and conditions:
1. 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
_1
14. Maintenance, 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. Force Majeure
_J 26. Taxes
26. Miscellaneous
i
43 95- 282
APPENDIX A
City of Miami
Charter and Code Sections
Pertinent Legislation
95- 282
§ 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
§ 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. 27-1. Reserved.]
Sec. 27-J. 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., § 193.41. The
user's attention is also directed to the editor's note to § 27-B of
this charter.
Sec. 27-IL 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 charter.
Sec. 27-L. Tax certificates; interest rate there-
on.
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.
Q 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 property. 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 comr,,;Qaion to the lowest
responsible bidder, after public notice and using
such competitive sealed bidding methods as may
be prescribed by ordinance; provided, however,
95- 282
Subpt. A CHARTER § 29.A
that if the amount of a bid or proposal submitted
by a vendor whose primary office is located in the
City of Miami is not more than ten (10) percent in
excess of the lowest other responsible bidder or
proposer, such local vendor may be awarded the
contract, but the city manager or designee shall
have the power to reject all bids and proposals.
Notwithstanding the foregoing, the city manager
may waive competitive sealed bidding methods
by making a written finding which shall contain
reasons supporting the conclusion that competi-
tive sealed bidding is not practicable or not ad-
vantageous to the city, which finding trust be
ratified by an affirmative vote of two-thirds of the
commission after a properly advertised public hear-
ing. When competitive sealed bidding methods
are waived, other procurement methods as may
be prescribed by ordinance shall be followed. All
invitations for bids, requests for proposals, or other
solicitations shall contain a reservation of the
foregoing right to reject all offers. All contracts
for personal property in excess of four • thousand
five hundred dollars ($4,500.00) 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
31
A-2
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 finding must
be ratified by an affirmative vote of two-thirds of
the commission after a properly advertised public
hearing. When competitive sealed bidding meth-
ods are waived, other procurement methods as
may be prescribed by ordinance shall he 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 corny, i ion.
When it becomes necessary in the opinion of
the city manager to make alterations or modifica-
tions in a contract for any 'public work or im.
provement, such alterations or modifications shall
be made only when authorized by the commission
upon the written recommendation of the city man-
ager. No such alteration shall be valid unless the
price to be paid for the work or material, or both,
under -the Altered or modified contract shall have
been agreed upon in writing and signed by the
contractor and the city manager prior to such
authorization by the commission.
(c) Uni/zed development projects A unified de-
velopment project shall mean a project where �n
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
95- 282
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 unified development
projects shall generally define the nature of the
uses the city is seeking for the unified develop-
ment project and the estimated allocations of land
for each use. They shall also state the. following-
(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 (eM, 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 unified development project;
(2) the selection of a certified public accounting
firm, which shall include at least one mem-
ber with previous experience in the type of
development in question; and
(3) the recommendations of the city manager for
the appointment of persons to serve on the
review committee. Said review committee shall
Supp. No. 29
Subpt. A
consist of an appropriate number of city offs•
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 fuzn 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 amountin firm
and the evaluations of the aforementioned
review committee, the city manager shall red-
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
32
A-3
95- 282
Subpt. A
CHARTER
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
specked 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
33
A-4
§ 29•A
public to compete for said real property or inter.
est. Any such sale, conveyance, or disposition shall
be conditioned upon compliance with: the provi-
sions of this section; such procurement methods
as may be prescribed by ordinance; and any re-
strictions that may be imposed by the city, the
department of off-street parking, or the downtown
development authority, as appropriate. Further,
no right, title, or interest shall vest in the trans-
feree of such property unless the sale, conveyance,
or disposition is made to the highest responsible
bidder, as is determined by the city commission,
or the off-street parking board, or the downtown
development authority board of directors. The city
commission or the off-street parking board or the
downtown development authority board of direc-
tors, as appropriate, may by resolution waive the
requirement of sale, conveyance, or disposition to
the highest responsible bidder by means of the
following procedure: the city manager, the direc-
tor of the off-street parking authority, or the di-
rector of the downtown development authority, as
appropriate, must make a written finding that a
valid emergency exists, which finding niust be
ratified by an affirmative vote of two-thir,•is of the
commission after a properly advertised public hear-
ing. When the requirement of sale, co-aveyance,
or disposi#on to the highest responsible bidder is
waived, other procurement methods as may be
prescribed by ordinance shall be followed. The
city or the department of off-street parking or the
downtown development authority'shall have the
power to reject all offers. All invitations for bids,
requests for proposals, or other solicitations shall
contain a reservation of the foregoing 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.
(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- 282
4,
§ 29•A
CHARTER AND RELATED LAWS
(2) All persons contracting with the city under
this section shall be obligated to pay which-
ever is the greater of the following. (i) all
applicable ad valorem taxes that are lawfully
assessed against the property involved or (ii)
an amount to be paid to the city equal to
what the ad valorem taxes would be if the
property were privately owned and used for a
profit -making purpose. Such taxes shall not
be credited against any revenues accruing to
the city under any contract that may be
awarded under this section.
(3) Any proposal by a potential bidder or con-
tractor that contemplates more than the es-
timated extent of the city's proposed commit-
ment of funds, property, or services shall be
ineligible for acceptance by the city commi ion.
(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, 11.4-86; Char. Amend. No. 3,
11-M7)
Editor's note —Ord. No. 9469, adopted by the commission
on Sept. 17, 1982, set forth Charter Amendment No. 1 for
approval/rejection at election on Nov. 2, 1982. On Oct. 28,
1982, Ord. No. 9567 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
34
Subpt. A
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 Act of 1972, as those statutes maybe amended
or revised from time to time, implementing city -
assisted housing programs as may be authorized
by federal or state law, implementing projects
authorized under the Florida Community Rede-
velopment Act of 1969, and implementing pro-
jects of any governmental agency or instramen. .
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 bne-
fourth (K) 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
95- 282
A-5
_.J
Subpt. A CHARTER y 30
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
i 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, 11-3-87)
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 herd at the next regularly scheduled general
election. The procedures for selection of proposals
shall be those provided by Charter section 29A(c)
br (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
34.1
A-6
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 necessary
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- 282
to, AN'.,
§ 1852.7
MLV,U 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. 1852.8. 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 or test-
ing; and
(3) Where the unique and specialized expertise
of one (1) source of services is unlikely to be
ebtained frvm arp other source.
(b) Determination and .approval The determi-
nation that an award shall be made an a sok-
source basis shall be made by the -4cb ' pramre-
ment ofowto theckymansger.Suck7determirlation
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;
44) The amount and type of contract; and
(5) The identification number for each contract
file,. <Or(L No. 9572, § 1, 2-10-63)
Sec. 18-52.9. Unified development projects.
(a) Dn.s. For the purposes of this article
IV, the following terms shall have the following
meanings:
Unified development project shall. mean. a proj-
ect in which an interest in real prbperty is owned"
or is to be acquired by the city, which is to be used
for the development of improvements, arid- 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- 282
Nx:,
4 1852.9 FINANCE 4 1852.9
(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 oCimprovements'
it is most advantageous to the city that the city
procure an integrated entity as defined in section
18-52.9(a). 8o long as the person from.which the
city procures one (1) of the above -mentioned inte-
grated per}ages provides all of the functions listed
for that package, such person need not provide
each listed fanction for the entire unified- level
opment project nor for the same part of 'the uni-
fied development project.
(c) Requests for proposals. A recpest for prop
posals shall be issued- which generaify-defines the -
nature of the project, the uses the city is see.Ring
for the project, and the estimated all'ucatiaaa of''
land for each use. The request for proposal's sRaff
also include the following-.
(1) Instructions and information to offerors con-
cerning the proposal submission requu e-
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 as sub-
mitted without such discussions;
(6) A statement of when and how financial
considerations and return to the city should
be submitted;
Supp. No. 10
(7) The contract terms and conditions, includ-
ing warranty and bonding -or other secu.
rity requirements as map 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 =,e)i -afthe Clerber of the city;
(10) A reservatiaa of the right to: rgect all pro-
posala and of tED-r right of* termination re-
ferredtag• in: section. =eXfv)-of the Charter
of the ci*
(11)- The date, time esd'• 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 s$bject unified development project;
(2) The selection 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 m8inager
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
95-- 282
LIS"
4 1"2.9
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 prepnoposal 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 o f proposas. 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 1"2.9
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
fuze 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 amounting 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
=*:I
95-- 282
$ 1852.9
FINANCE
() Award All contracts for unified development
projects shall be awarded to the person whose
proposal is most advantageous to the city, as de-
termined by the commission.
The commission may accept any recommenda-
tion of the city manager by an affirmative vote of a
majority of its members. In the event the com-
mission does not accept a proposal recommended
by the city manager or does not reject all propos-
als, the commission shall seek recommendations
directly from the aforementioned review commit-
tee, which shall make a recommendation or rec-
ommendations to the commission taking into ac-
count the report of the aforementioned certified
public accounting firm and the evaluation criteria
specified for the review committee in the request
for proposals.
After receiving the direct recommendations of
the review committee, the commission shall, by
an affirmative vote of a majority of its members:
(1) Accept any recommendation of the review com-
mittee; or
(2) Accept any previous recommendation of the
city manager; or
(3) Reject all proposals.
All contracts for unified development projects
shall be signed by the city manager or his desig-
nee after approval thereof as to form and correct-
ness by the city attorney and approval by the city
commission. (Ord. No. 9572, § 1, 2-10-83)
City code cross reference —Minority participation in uni-
fied development contracts, 4 18.73.
Sec. 18-53. Types of contracts.
(a) Subject to the limitations of this section,
any type of contract which will promote the best
interests of the city may be used, except that the
use of a cost-plus contract is prohibited.
(1) Fixed -price contracts Fixed -price contracts shall
ordinarily be used for those purchases of goods
and services or sales and leases where the
terms, conditions, specifications and other fac-
tors of the contract can be specified with a
high degree of certainty and where use of a
fixed -price contract will result in substantial
competition between bidders or offerors will-
ing to compete for the contract. Incentives
Supp. No. to
6 1853
based on various performance factors and es-
calation clauses or other economic adjustments
may be included as appropriate to serve the
best interests of the city in achieving the
most economical contract performance.
(2) Cost -reimbursement contracts. Cost -reim-
bursement contracts shall ordinarily be used
for those purchases of goods and services or
sales and leases where the terms, conditions,
specifications and other factors of the contract
cannot be specified with a high degree of cer-
tainty or the use of fixed -price contracts is
not likely to result in substantial competi-
tion between bidders or offerors willing to
compete for the contract. Incentives based on
various performance factors and escalation
clauses or other economic adjustments may
be included as appropriate to serve the best
interests of the city in achieving the most
economical contract performance.
(3) Blanket orders. The chief procurement officer
or individual purchasing agents may issue
purchase orders for indeterminate amounts
of repair parts, supplies and services to the
account of any department or office, but only
when based upon a definite contract or price
agreement which shall be negotiated in the
same..manner as if the item to be purchased
thereunder were to be individually purchased
or contracted for under the provisions of arti-
cles IV and V of this Code. Such orders shall
state a specific monetary limit which may
not be exceeded except on written approval
by the chief procurement officer.
1211
A-10
(4) Multiyear contracts.
(i) Unless otherwise provided by law, a con-
tract for supplies or services, sales, or
leases may be entered into for any period
of time deemed to be in the best interests
of the city, provided that the term of the
contract and conditions for renewal or
extension, if any, are included in the in-
vitation for bids or request for proposals,
and provided that funds are available for
the first fiscal period at the time of con-
tract award. Payment and performance
obligations for succeeding fiscal periods
shall be subject to the availability and
95- 282
6'^,
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,
repave, macadamize, remacadamize, lay out,
firms or persons for the commercial use
open,management
open, close, vacate, discontinue, widen, and
of any of the city's wa-
terfront property, but only in compl-
otherwise improve streets, alleys, avenues,
boulevards, lanes, sidewalks, parks, prom -
attce with the other requirements of
evades, and other public highways or any
this charter and on condition that:
part thereof, and to hold liens th@refor as
(A) the terms of the contract allow rea-
hereinafter provided; to construct and main-
sonable public access to the water
tain bridges, viaducts, subways, tunnels,
and reasonable public use of the
sewers, and drains, and regulate the use of
property, and comply with other
all such highways, parks, public grounds,
charter waterfront setback and
and works; to prevent the obstruction of
view -corridor requirements; and
such sidewalks, streets, and highways; to
(B) the terms of the contract result in
abolish and prevent grade crossings over
a fair return to the city based on
the same by railroads; to regulate the op-
two independent appraisals; and
eration and speed of all vehicles using the
(C) the use is authorized under the then
streets, highways, and railroads within the
existing master plan of the city;
city; to regulate the service rendered and
(D) the procurement methods prescribed
rates charged by busses, motor cars, cabs,
by ordinances are observed.
and other vehicles for the carrying of pas-
Any such lease or management agree-
sengers and by vehicles for the transfer of
ment or proposed extension or modifi-
baggage.
cation of an existing such lease or man-
#gement 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 moneyc
Nothing herein contained shall in any
Subject to the provisions of the Constitu-
manner affect or apply to any project
tion of Florida and of this charter, to con.
the financing of which has been pro-
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-
(fl
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
95- 282
3
A-11
4.,
t3
CHARTER AND RELATED LAWS
to be contributed for maintenance of the
fund.
(11) Airports and landing fields: To acquire by
purchase, lease, condemnation, or otherwise,
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 byordinence 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 fraat, 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 board of appeals or
the city commission may determine and
vary the application of building, plan-
ning, or zoning ordinances in harmony
with their general purpose and intent.
Supp. Na 77
Subpt. A
(ii) In order to preserve the city's natural
scenic beauty, to guararitee 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 to 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-
iag 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 MiamifUniversity 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
A-12 - - -
95— 282
Subpt. A CHARTER i 3
prior to September 18, 1979, by devel.
opment order pursuant to chapter 380
of Florida Statutes of a planned area
development pursuant to article XXI.
1. City of Miami Comprehensive Zon-
ing Ordinance or which have received
site and development plan approval,
including Plaza Venetia, Phase U, Reso-
lution No. 72-113, April 20, 1972; Res-
olution No. 72.114, April 20, 1972; and
Resolution No. 72-416, July 20, 1972.
(nn) Borrowing to erect and add to public build-
ings: To borrow money for the erection, con-
struction, and furnishing of public build-
ings, including hospitals, city office build-
ings, city halls, and other municipal struc-
tures; to borrow money for the purpose of
building additions to public buildings now
owned by the city; to execute notes and
other evidences of indebtedness, and to se-
cure the same by a mortgage upon said
buildings and the land upon which the build-
ings may be located; to pledge and hypoth-
ecate the net. revenue, after the payment of
all operating expenses and fixed charges,
including interest on the debt so created
and on all other debt created in the con-
struction of such building, as well as to
pledge and hypothecate the net revenue
derived from such buildings and the land
upon which they stand, all for the purpose
of securing the repayment of money bor-
rowed to be used in such construction; to
issue certificates of indebtedness secured
by the net receipts from the use or rental of
the buildings or additions to present exist-
ing buildings erected or to be erected for
public purposes. Notwithstanding the fore-
going, no tax shall ever be levied nor money
taken or diverted from the general funds of
the city for the payment of the indebted-
ness authorized by this section. (Laws of
Fla. (1933), ch. 16561)
(oo) Borrowing to provide adequate waterworks
system.• To borrow money for the purpose of
providing an adequate waterworks system,
including new water lines, and for the pur-
pose of repairing, improving, and extend-
Supp. Na 27
ing the existing waterworks system; to issue
promissory notes and certificates of indebt-
edness, and to secure same. by an assign-
ment of all net rentals and net revenues,
after the payment of all operating expenses
and fixed charges, including interest on the
debt so created, and all debt created for the
construction of such work, derived from said
waterworks system or any portion thereof,
until moneys so borrowed shall have been
fully paid; to mortgage the entire water-
works system or any portion thereof to make
necessary repairs; and to pledge the net
revenue derived from said system, until said
money shall have been fully repaid. Not.
withstanding the foregoing, no tax shall
ever be levied nor money taken or diverted
from the general funds of the city for the
payment of the indebtedness authorized by
this section.
(pp) Borrowing to purchase, hire, maintain, op.
erate, or lease public utilities: To borrow
money for the purpose of constructing, pur.
chasing, hiring, maintaining, operating, or
leasing local public utilities, including street
railways, electric light lines, and equipment
necessary for supplying the city and its in-
habitants with transportation, illumination,
power, water, ice, and gas for heating and
illuminating; to mortgage the public utili-
ties so constructed, purchased, hired, main-
tained, operated; to issue promissory notes _
and certificates of indebtedness evidencing
the existence of the indebtedness created
by the borrowing of said money-, to pledge
and hypothecate the net revenue, after the
payment of all operating expenses and fixed
charges, including interest on the debt so
created and all other debt created for the
construction of such works, derived from
the operation of such public utilities so con-
structed or purchased, including said net
revenue derived from such street railway,
electric light plant, telephone and telegraph
system, and water, ice, and gas plants; to
pledge such net revenue until the money so
borrowed shall have been fully repaid. Not-
withstanding the foregoing, no tax shall
A-13
95- 282
APPENDIX B
City of Miami
Minority and Women Business Affairs
and Procurement Program
Article IV.5
Sections 18-67 18-77
of the Code of the City of Miami
and
Ordinances No. 10062 and No. 10538
95- 282
--j
4 18.58 FINANCE 1 18-68
ARTICLE IV-5. MINORITY AND WOMEN
BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM -
Sec. 18-67. Short title.
This article shall be known and may be cited as
"The Minority and Women Business Affairs and
Procurement Program Ordinance of the City of
Miami." (Ord. No. 10062, § 1, 12-19-85)
Sec. 18-68. Definitions.
For the purpose of this article, the following
terms phrases, words, and their derivations shall
have the following meanings:
Affirmadue 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. 10062,18, adopted Dec. 19,1985,
repealed Ord. No. 9775, It 1-8. adopted Jan. 19, 1984, codi-
fied as 1 18-72, concerning the minority procurement program.
At the discretion of the editor, if 1-7 of Ord. No. 10062 have
been codified as art. IV.5. If 18.67-18-74.
City code cross reference —Lease of city -owned property
to require minority procurement clause, 12363.
County code cross reference —Procedure to increase par-
ticipation of Black vendors of commodities and services in
county contracts, 1 2.-8.2.
Supp. No. 32
Facilities means all totally or partialIy_publicly
financed projects including, but without limita-
tion, unified development projects, municipal pub-
lic works and municipal improvements to the ex-
t�nt they are financed with city money, utilize
city property, or require city services.
Goal means the percentages of the annual dol-
lar volume of procurement expenditures determined
by this article to be offered for minority and women
business participation.
Goods and services include, without limitation,
public works, improvements, facilities, professional
services, commodities, supplies, materials and
equipment.
Joint venture shall mean an association of per-
sons or legal entities with the intent to engage in
and carry out a single business enterprise for
profit.
Minority and women -owned small business en-
terprise means a business enterprise in which at
least fifty-one (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)-empl'oyees -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, § 1,
1-12-89)
1217
B-1
95- 282
PA.
§ 1"9 MIAMI CODE § 18.73
Sec. 18-69. Established; components.
(a) A minority and women business affairs and
procurement program for the city is hereby estab-
lished. The city manager's office shall be held
accountable for the full and forceful implementa-
tion of the minority and women business affairs
and procurement program by providing appropri-
ate recommendations for action by the city com-
mission.
(b) For the purpose of assisting the city man-
ager in the implementation of said program, a
minority and women business affairs and procure-
ment committee is hereby established, consisting
of an appropriate number. of members, to be ap-
pointed by the city manager, with full represen-
tation of Hispanics, Blacks and women to be re-
sponsible for monitoring the implementation of
the program and making recommendations for
achieving the requirements of this article. The
committee shall be responsible for generating yearly
progress reports 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, f 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
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 bythe 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,12-19485; Ord. No.10538, § 2,142-89)
Sec. 18.73. Required statements for solicits- .
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- 282
tl-41*..
§ 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 (AAK 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
M/WBE 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 MiWBE 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)
Cross reference -Affirmative 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
282
414,
§ 18.75 MIANU CODE § 18-78
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 mrrien-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)
Edi'tor's note -Sections 1 and 2 of nonaimendatory Ord. No.
10332, adopted Oct. 22,1987, have been wed 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
i 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
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-
sible 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-
tractlaward 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)
1220
B-4
95- 282
$4.,
J-as-944
1o�11fes ORDINANCE NO. 10 0 6 2
AN ORDINANCE REPEALING ORDINANCE NO- 977S,
THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF
THE CITY OF MIAMI; FLORIDA AND SUBSTITUTING
THEREFOR A NEW MINORITY PROCUREMENT PROGRAM
ORDINANCE TO BE KNOWN AND CITED AS 'THE
MINORITY AND WOMEN BUSINESS AFFAIRS AND
PROCUREMENT ORDINANCE OF THE CITY OF MIAMI,
FLORIOA,6 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 SI PERCENT OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
`TO BUSINESSES OWNED BY BLACKS (17%).
HISPANICS (17%); AND WOMEN (174); AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET-AStOES AND CONTRACT PROVISIONS; PROVIDING
FOR TOE DEVELOPMENT OF PROCEOURES, MEASURES
AND RESOURCES TO IMPLEMENT SAID PROGRAM,
GOALS AND OBJECTIVES;. AND CONTAINING A
SEVERABILITY CLAUSE.
WHEREAS; Ordinance No. *775 sealing. with minority
procurement has been 'found to be in need of revision and
modification to strengthen the effectiveness of the City of
Miami's Minority Procurement Policy and Prograi; and
WHEREAS; the City Commission; io repealing Ordinance No.
9775 and in adopting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
1 authorised pursuant to the Charter of the City of Miami,
` Sections 52 and 63; and the Municipal Nome Role Powers. Act of
J 1973. Chapter 166.001 at sea., Florida Statutes, as amended; and
WHEREAS; the U.S. Supreme Court has upheld Oade County
I� Ordinance No. 82-67; adopted July 20, 1904; restricting bidding
.1
on construction projects to {lack -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS, findings of a City of Miami Minority Procurement
f Disparity Study indicated a substantial exclusion of minority
_a
and women -owned businesses from the City's procurement process
for the fiscal years between 1971 and 1991;.and
WHEREAS. this Ordinance will prevent the perpetuation of
the affects of prior unwarranted discrimination which has
95- 282
1
R-5
fig.
heretofore impaired; limited or foreclosed procurement and
contracting opportunities for businesses owned by blacks;
Hispanics and Women with'the City of Ntasii; and
WHEREAS; the City of Miami has established a policy of
constructive affirmative action to eliminate substantially► the
effects of prior discrimination; and
WHEREAS; the proposed Minority and Horan Business Affairs
and Procurement Program .and policy contains requirements. (a)
that these who contract with the City of Miami in the areas of
procurement shall not discriminate against any business,
employes or.. applicant for employment because of age; ethnicity.
race, eraed; color; religion; sex; stational origin; handicap, or
marital status; and (b) that such city contractors have and
implement an Affirmative Action Or.Equa1 Employment Opportunity
policy to ensure that such businesses; employees or applicants
for empioyment are treated equally witho*t regard to age,
ethnicity; race, eretd, color; religion, sex, national origin,
handicap or marital status, and
WHEREAS, implameetation Of this ordinance will serve the
best interest of the City and will maximise the opportunity for
small business concerns owned and controlled by Blacks,
Hispanics and Warren to procure or contract wide the City of
Miami in the area of procurement; and
WHEREAS; to be effective it is necessary and desirable to
establish for the City of Miami a Minority and Yamew Business
Affairs procurement program with the appropriate • goals,
objectives; administrative procedure and resources; and. adopt
legislation remedying the affected Hispanic, 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 -4nd Women Business Affairs 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 shal.1 have
the following aeanings: 9 5 - 282
2
1 v ()062.
A. Business Enterprise means any corporation;
partnership; 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 of Miami and/or Dade County and/or the State of Florida.
B. Minority and Women -Owned Business Enterprise means
.A
a business eflterprise in which at least R percent of said
enterprise is owned by Blacks, Hispanics or Womefl whose
management and daily business operations are controlled by one
or more Blacks; Hispanics or Women.
C. Conte tract means agreements for the procurement of
goods; services or construction of facilities for the City of
Miami.
D. Facilities means 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.
utilize City property;,or require City services.
E. Goods and •services include; without limitation.
public worts, improvements; facilities; professional services.
commodities, supplies, materials and equipment.
F. Coat means the percentages of the annual dollar
volume of procurement expenditures determined by this ordinance
( to be offered for Minority and Women business participation.
Q. Set aside is the term which will be used to
designate a given purchase or contract or a portion of -a given
purchase or contract award for Blatt, Hispanic and/or Women -
owned businesses. Set.asides main only be utilized where it is
determined; prior ,to the 1Avitation to bid or request for
Proposals, that there are a sufficient number of certified
t
Black, Hispanic and/or Women -owned businesses to afford
effective competition fogy the purchase.
H. Joint venture shall mean an association of persons
or legai entities with the intent to engage in wed carry out a
-single business enterprise for profit.
i
t 0062
3 95- 282
B-7
j,g.
I. Procurement Ezpenditurts shaft rtan a purchase,
payment. distribution; loan or advance for the purpose of
acquiring or providing goods and services.
J. Affirmative Action P Tan shalt include the
projected annual goals and the timetables which wilt be used to
employ and/or procure with women and minorities a non-
discrimination policy statement and any other actions which will
be used to ensure equity in. employment and 'the utilization of
minority and female owned businesses.
Section 3. A Minority and iaasa Business Affairs and
Procurement Program for the City of Miami is hereby established.
Tht City M4nager's Office shall be held accountable for the full
and forceful implementation of the Minority and Vomtn business
affairs and Procurement Program by providing appropriate
recommendations for action by.t$e City Commission.
A. For the purpose of assisting the City iianager in
the implementation sir. sai%, Meu9ram; a Minority and Vontn
susintss Affairs and Procurement Committee is hereby
tstablished, consisting of an appropriat• nuiber of members, to
be appointed by the City Manager; with full representation of
Hispanics. ilacks'and Momen to be responsible for monitoring the
impttmentation of the program and soaking recommendations for
i
acloitving the requirements of this Ordinance. The Committee
shalt be responsible for generating yearly, progress reports to
the City Commission and the community at large.
Be The City Manager shall. utilising existing
resources. create 60 Office of Minority mad Women Business
Affairs and Procurement; and shall- provide the appropriate staff
! and resources necessary for the perforsianee of all such
administrative duties;, authorize .and • implement the
j administrative guidelines mad procedures required; and ensure
compliance with the functions . required to q promote the
i achievement of the program': goals and objectives of increasing
i
the volume of City procurement and contracts with $lack,
Hispanic and Momen-owned businesses.
J
10082
4 9� 282
B-s
Section d: The objective of the City is to achieve a goal
of awarding a mi allium of Sit of the total annual dollar vo1 ume
of all procurement expenditures -to Slacks, Hispanics and Women -
owned business enterprises to be apportioned as follows:
seventeen percent (17%) to Biacks; seventeen percent (17%) to
Hispanics and seventeen percent (17%) to Women.l.
-A. To further the goal of increasing the total annual
..y volume of all Procurement expenditures to minority and women -
owned business enterprises, authority for a minority and women -
owned business entarprise procurement set -aside is hereby
establ i shed for ase by the City Manager as he or she may data
advisable or necessary to increase the participation of Black,
Hispanic•' and Women -owned businesses in City procurement
contracts.
B. tt shall be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(i.) A specific reference to the applicability
of the Minority trod Women Business Affairs•:••aad 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 elimination of the individuals) and/or
f
j business enterprises) from consideration and participation in
future City contracts; on the basis of having submitted
} deliberate and willful; false or misleading information as to
his, her or its status as a Black, Hispanic and/or Women -owned
businezi enterprise and/or the quantity and/or type of minority
and women -owned business participation;
j (3.) A requirement -that*
each successful bidder
-� or offeror agree to -provide a sworn statement of compliance with
the provisions of this Ordinance sad its specific applicability
to the purchase or contract award under consideration; such
statement shall certify that the bidder or offeror, during the
1 Women, depending goon their own annual self-selection, shall be
listed in only one (1) of the categories: race, ethnicity,
Qendtr.
1006 2
—s 95- 282
a
R-9
course of tie# involved in the performance of the contract
sought by such bidder or offeror; shall not discriminate against
any business; amployet 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 one or more of its partners or
principals parsons who are flack, Hispanic or Women, or is a
joint venture comprised of a non -minority and minority business
and/or women -owned enterprise.
(S.9 A requirement that each bidder submiti along
with the bid or proposal an Affirmative Action Plan (AAP). Any
I
significant equity participants; joint venture participants.
sub -contractors; suppliers or ether parties to the bid or
shall also be required to submit such pleas.
A provision specifying the requirtso"ts for
continued bidder or offeror eligibility including minority and
female involvement.
Section S. a dders or offerors shall be required to
demonstrate a reasonable and goad faith effort to solicit and
Obtain' the participation of qualified minority and women -owned
_5
businesses in all bid and proposal documonts.
Section S. Except where federal •or state law or
regulatloni mandate to the contrary; the provisions of this
section will be applicable to all City of Miami, prebid, bid,
contract or other agreements negotiated by the City:
Section 7. The Minority pad homes Business Affairs and
Procurement Program established Aereis shalt be in effect only
antil such tiam as the effects of prior unwarranted
_.]
discrimination against flacks; 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 shalt be
reviewed every two yeari by -the City Commission, up" the
_!
recommendation of the city Manager.
Section e. Ordinance No. 9775, the Minority Procurement
j
J
Program Ordinance of the City of Miami, Florida, is hereby
repealed.
1 006-2
95- 282
Set:tion 9. Should any part or provision of this Ordinance
betdeclared by a Court of Fompetent jurisdiction to be Invalid.
Sate* shall not affect the validity of the Ordinanct, as a whole.
i
PASSED' ON FIRST READING BY TITLE ONLY this 26th day of
November
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 19th day of December
ATTEST:
XNYJLK •RAYOF
i
City Clerk
PREPARED AND APPROVED BY:
A. rTt IVN—"
Deputy City —Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Aza -;I,.
City Attorney
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B-1l.
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1,0015.2
95- 282
i1ir,
-88-1153 " F�gI3
/89
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED
"FINANCE-, OF THE CODE OF THE CITY OF M1AM1,
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
1
PERCENT (51%) OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED
TO ALL CIT, OF MIAMI BIDS AND CONTRACTS;
REVISING SECTION 18-73 TO PROVIDE THAT ALL
CITY OF MIAMI INVITATIONS, REQUESTS AND/OR
ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES,
LETTERS OF INTEREST AND/OR QUALIFICATION
STATEMENTS CONTAIN THE APPROVED
MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE)
PARTICIPATION REQUIREMENTS PURSUANT TO CITY
OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN
BUSINESS AFFAIRS AND PROCUREMENT PROGRAM;
REQUIRING THAT ALL RESULTING AWARD AND/OR
CONTRACT DOCUMENTS CONTAIN THE REQUIRED
COMPLIANCE FORMS RELATIVE THERETO; REVISING
SECTION 18-73(5) TO EXPAND • UPON THE
AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY
BIDS AND CONTRACTS; ADDING SECTION 18-76
AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO
ESTABLISH THE REQUIRED ADMINISTRATIVE
PROCEDURES TO INSURE COMPLIANCE WITH THE
CODE; FURTHER, PROVIDING FOR RESOLUTION OF
DISPUTES REGARDING WITHHELD PAYMENTS OF
CONTRACTORS AND SUBCONTRACTORS AND FURTHER
ADDING SECTION 18-77 DESIGNATING THE DIRECTOR
OF THE OFFICE. OF M/WBE AFFAIRS AS THE CITY
OFFICIAL RESPONSIBLE FOR ESTABLISHING AND
IMPLEMENTING M/WBE BID AND CONTRACT
PARTICIPATION REQUIREMENT$, COMPLIANCE
GUIDELINES, AND MONITORING AND REPORTING
E
PROCEDURES; CONTAINING A REPEALER PROVISION
j
AND A SEVERABILITY CLAUSE.
}
WHEREAS, Ordinance No. 10062 dealing with Minority/Women
Business Affairs and Procurement established the annual goal of
111
procuring/contracting fifty-one percent (51%) with minority/women
owned and managed business enterprises; and
`
WHEREAS, Administrative Policy Manual 4-86 (APM 4-86),
issued October 1, 1986, provides for the administrative
1
implementation of Ordinance No. 10062; and
-�
r WHEREAS, it has been determined that there is further need
for legislative relief to obtain said goals, particularly as it
95- 282
10538-
B-12
0
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 COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
y
Section 1. Section 18-68, is hereby amended in the
following particulars.)
"Sec. 18-68. Definitions.
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have
the following meanings:
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,
Hispanics or Women whose management and daily business
operations are controlled by one or more Blacks,
Hispanics or Women and who employ a maximum of twgnty-
vendor means any business entity providing goods,
services or equipment io the City of Miami through a
purchase, field or blanket order or contract."
Section 2. Section 18-72(a)', is hereby amended by adding
the following language:
"(a) The objective of the City is to achieve a goal of
awarding a minimum of fifty-one percent (51%) of
the total annual dollar volume of all procurement
expenditures to Black, Hispanic and women -owned
small business enterprises to be apportioned as
follows:
Seventeen percent (17%) to Blacks, seventeen'
percent (17%) to Hispanics and seventeen percent
(17%) to women; such goal Sjjal I ho applied to all
sty bids and contracts."
Section 3. Section 18-73 is hereby amended by adding the
following language:
'Sec. 18-7-1.. Required g tatements for solicitations or
notices: required statements on contracts
and awards.
--- -- --- - a. "It shall be inandato- for all Cites gol Icitationa
or no ices nvitina bides, propcsal><. quotes.
letters of in a eat and/or gualifigmtion4 to
contain t he e aoo� nvoci _ r_4 montg fcir MJWBE
1 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 unchanged
material.
95- 282
-2_
X0538
n
j� it shall be mandatory for all City contracts
and/or procurement award documents to contain the
following:
a • +
(5) A requirement that each bidder, Rropgaer, 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.
H ill in the event of vendors' or c2 ra.tors,
noncompliance _ with the affirmative action,
requirements of thill section, the City
Manager may suspend iwhole or Hart. cancel
or terminate the bid or contract award and/or
imaose other sanctions as may be determined
to be aporopriatg.
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.
95- 282
— a— 1U5:38
B-14
$20',
The Finance Department is mandated to institute payment
procedures which will insure, in those instances in
which the M/WBE bid or contract requirements result in
contracts, subcontracts or joint ventures for M/WBEs,
that compensation provided pursuant thereto shall be in
the form of a check made payable to the primary
contractor, bidder or proposer, and (if appropriated
jointly) to the minority/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."
I ,
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 o'r parts of ordinances in
conflict with the provisions of this ordinance insofar as they
_i
are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 7. If any section, part of section, paragraph,
}
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December , 19_88.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of January , 19 89.
}
XAVIER L. SVAAEZ, Mayor
MAVtY HIRAI
f
City Clerk
-4- 1QS38
B=15
PREPARED AND APPROVED BY:
LINDA K. KEARSO
Assistant City Attorney '
APPROVED AS TO FORM AND CORRECTNESSt
2:9=Ll I - -JOR
Cit NOE L. FER AEZ
Attorne
LKK/pb/bss/M424
J
95- 282
—s— 10538
B-16
I
7
APPENDIX C
Virginia Key Master Plan
(selected excerpts)
95- 282
CITY OF MIA►MI
VIRGINIA► KEY MASTER PLAN
Xavier L. Suarez, Mayor
J. L. Plummer, Vice Mayor
Joe Carollo, Commissioner
Miller J. Dawkins, Commissioner
Rosario Kennedy, Commissioner
``
�J
Cesar H. Odlo, City Manager
Walter L. Pierce, Assistant City Manager
Prepared by the City of Miami Planning Department
Sergio Rodriguez, Director
C6�
Joseph W. McManus, Assistant Director
Jack Luft, Chief of Urban Design
Janet Gavarrete, Planner -in -Charge
OC1
i
June, 1987
OBJECTIVES
It
is the intent of the Master
Plan for
Virginia Key to:
I.
Give specific direction to an
overall plan for land use that
respects the broadest public
purpose;
II.
Assure that use and
development of the island is
in harmony with public laws
and natural conditions;
III.
Show how a strategy of joint
public and private development
can serve the recreational and
educational needs of a diverse
population;
IV.
Propose solutions to existing
and anticipated deficiencies
in infrastructure and
maintenance;
V.
Produce a plan that can build
public support for future
recreation and educational
facilities and programs, and
the planned development of the
island.
r
S
M
lei
W
IO-•
V
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 accomodate retail
food services, setback from the water
and preserving public access to the
shore.
0 Major competitive marine events at
the Marine Stadium should better
utilize an improved and enhanced
basin shoreline (its full length) for
spectator viewing.
0 The marine sciences park dedicated by
Dade County should remain a resource
for expansion for governmental and
educational research facilities.
0 Private marine recreational clubs
should be allowed but confined to the
Stadium basin's southeast corner.
0 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.
0 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
LAND
MANAGEMENT
UTILITIES
0
The Marine Stadium should be
0 The public access road serving the
privately managed and promoted in
beachfront recreation areas and the
coordination with Planet Ocean and
treatment plant should be rebuilt and
the Seaquarium.
realigned to improve safety, reduce
beach area access conflicts, permit
®
Development and management of the
westerly expansion of public park.
former Virginia Key Beach site and
parking lots, and improve access to
the island's north point should be
the north point of the island.
through private means defined and
controlled by the City's Unified
0 The service road along the perimeter
Development Process.
of the stadium basin should be
removed from the southern shoreline
®
Commercial uses should be water
with -vehicular access to the northern
related or dependent and confined to
rim from the public beach access
the waters edge to promote and
road.
enhance the public's use and
enjoyment of the waterfront.
0 Truck access to the sewage treatment
plant should be diverted to a new.
■
Private recreational club leases
road on the western perimeter of the
should require active public outreach
former dump site to reduce conflicts
programs designed to open
with beach traffic.
recreational opportunities to the
general public, especially the
0 dater and sewer facilities should be
disadvantaged, handicapped, elderly,
extended from Rickenbacker Causeway
y
and youth of the region.
to the north point of the island.
4
■ The sewage treatment plant should
implement point source odor control
measures within three years.
IMPLEMENTATION
AND FUNDING
0 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.
■ The Virginia Key enterprise fund
should finance required public
infrastructure, maintenance,
environmental enhancement, recreation
and educational programs.
C�
i
5
BACKGROUND
GEOLOGIC HISTORY
Virginia Key is part of the chain
of islands that begins with Miami Beach
and extends southerly past Key Biscayne
and Biscayne National Park to the
Florida Keys. Originally, it is
thought, the island was part of the
Miami Beach/Key Biscayne land mass.
Hurricanes over the past few centuries
have opened the Bear Cut and Norris Cut
channels that now sever it from
adjoining Fisher Island and Key
Biscayne. In the past 100 years, the
combined actions of storm surges and
land fill/shoreline development activity
have significantly altered the island's
size and.shape.
The limestone ridge that forms
many of the islands in the Florida Keys
is submerged at this location. Virginia
Key and Key Biscayne are unique because
they are formed of quartz sand cut from
the sea floor by wave action and by
deposits from southward moving currents.
As a young, recently emerged island
built from sand deposits, it is a mobile
structure at the mercy of massive
CC natural forces that are changing it
constantly.
i f ZI-Z)
00
�1
.i C.d Pww a
BISCAYNE
BAY IN 1770
BARRIER ISLANDS IN 1914.
�`�
VIRGINIA KEY IN 1955 VIRGINIA KEY IN 1987
SOURCE: Biscayne Bay Aquatic Preserve Plan, 1986. t
I
]ENVIRONMENTAL
CONDITIONS
The accompanying exhibit
Environmental Conditions, identifies the
numerous vegetative communities, natural
and altered shoreline conditions, and
developed areas on the island.
Coastal Hammock - Just behind
the dune line on the extreme
eastern shore exists a coastal
hardwood hammock. Although
invaded by such exotics as
Australian Pine and Brazilian
Pepper, numerous extremely large
Seagrape trees exist. The area
is in a trough and is slowly
filling in with windblown sands.
Mangrove/Tidal Marsh - Red,
Black and White mangrove
populate the majority of
undisturbed shorelines. The
largest concentration exists
between the marine stadium basin
and the sewage treatment,�plant
and covers over 120 -acres of
tidal marshlands. These :plant
species are protected by.state
and local law in recognition of
their productive role as habitat
for numerous forms .of - marine
life and in stabi}izing
shorelines.'
Coastal hammock looking south toward Hear Cut Mangrove tidal marsh looking west
7
r a WL��
61 R RUN
® COASTAL HAMMOCK
® MANGROVE I TIDAL MARSH
® AUSTRALIAN PINE
MEADOW
® SLUDGE FILL
® DREDGE FILL
COASTAL BEACH
UNCONTROLLED LAND FILL
DRACKISN.PONDS
® BISCAYNE BAY / GULFSTREAM
TIDAL FLATS
DEVELOPED LAND
Y IRGIINIA
M A S T E R
KEY
P L _ A.. N:
1
Australian Pine Community - The
most prevalent plant
colonization on the island is
the Australian Pine or
Casuarina. This exotic pest
tree has invaded virtually all
areas but especially the
disturbed fill areas with saline
soils.
Meadow - Open areas of low
native grasses cover 55 acres of
the former Virginia Key beach
park along the southeastern
shoreline.
Sludge fill - Areas immediately
west and south of the sewage
treatment plant have sludge
mixed with fill material
deposited on site. Ground water
permeates this soil resulting in
a. thick liquid that creates
unstable soil conditions and
potential subsidence.
Dredge fill - The northernmost
point of the key, adjacent to
the treatment plant, and the
Rickenbacker Causeway area
including the Seaquarium and the
perimeter of the Marine Stadium
are constituted of dredge spoil
fill material. Free of organic
or decomposable material, spoil
material is primarily a clean,
well drained limestone that is
the most stable soil on the
island.
Coastal Beach - Longshore
sediments (sand) carried
southward along the Atlantic
coast have built up beaches
along the east and southern
shores where tidal currents pass
through Bear Cut.
Uncontrolled Land Fill - A 112
acre area south of the sewage
treatment plant was excavated
for fill to build a base for the
treatment plant construction.
Subsequently, the excavation was
filled in with trash,
incinerator ash, plant trimmings
and sludge. The dump site was
closed in 1978 and capped and
graded with two feet of clean
soil.
Brackish Ponds - Several small
excavations remain from an
aborted effort to construct a
golf course just west of the
former Virginia Key beach area.
These ponds have been colonized
by a fringe of mangrove.
Biscayne Bay/Atlantic Ocean
Deeper waters (6+ feet) exist as
channels for tidal flows through
Norris and Bear Cuts, and within
the Marine Stadium basin.
Tidal Flats - Shallow waters
form a shelf (-6 feet) extending
east and west of the island. It
is within these areas that
benthie communities of sea
grasses, fish and invertebrates
flourish. The grasses
J
W
Q:T4
I
00
contribute to the accumulation
of new sand deposits and thus
help stabilize shoreline
conditions.
Developed Land - Approximately
250 acres or 25% of the island
has been developed for
commercial activities, public
facilities and utilities.
EXISTING LAND USE
Virginia Key has approximately
1,005 acres of land area. The public
use of the island and those areas which
remain in a natural or undeveloped
state, is displayed on the accompanying
exhibit, Existing Land Use.
Undeveloped Open Space - There are
150 undeveloped acres consisting
primarily of mangrove tidal
marshes and another 120 acres of
reclaimed former land fill area
which remain barren.
Public Recreation Space (closed to
public use) - The former Virginia
Key beach area, 70+ acres of land
immediately north of Rickenbacker
Causeway along Bear Cut, remains
closed to public use except for
special events. An eroding beach,
dangerous currents near shore and
a lack of park staff to supervise
the area has necessitated the
closure. Concerts are
periodically scheduled for large
groups.
Public Recreation Space (open to
public use) - The easternmost
shore of the island and the
abutting coastal hardwood hammock
was opened in June of 1986 as a 60
acre City park. Limited
concessions, parking lots and
lifeguard towers have been added
to facilitate public use.
Public Beach (open) - The new park
with 5000 feet of beachfront (see
above) and the causeway right-of-
way bordering 4500 feet along the
bay are active and heavil-y used
public water sports recreation
areas. Swimming, wind -surfing,
sailing, and snorkeling are a part
of the daily activities drawing
thousands of enthusiasts.
Public Beach (closed) - As stated
above, the hazardous swimming
conditions along the 3000 feet of
the former Virginia Key Beach and
the lack of funds to staff and
maintain the area has required its
closure.
n Closed public beach and park (left) and newly opened city park and beech
MIN
..............
AN
EXISTING LAND US
UNDEVELOPED OPEN $PACE
PUBLIC RECREATION SPACE -CLOSED
PUBLIC RECREATION SPACE - OPEN
PUBLIC BEACH - OPEN
PUBLIC BEACH - CLOSED
DREDGE FILL AREA
SEWAGE TREATMENT PLANT
PRIVATE MARINE RECREATION
PUBLIC MARINE EXPOSITION
PUBLIC MARINE SERVICES
INSTITUTIONAL MARINE RESEARCH
COMMERCIAL MARINE EXPOSITION
COMMERCIAL SERVICES
COMMUNICATIONS
PARKING
ROADWAY I TRANSPORTATION
I.
VIRGINIA KEY
M A S T E R- P "'L.' Ak'Nl
Dredge Fill area - The 811 acre
area north of the treatment plant
functions as a disposal area for
dredge spoil material from the
Port of Miami. channel maintenance
operations. Periodically, the
limerock dredge material is sold
as fill to the private
construction industry.
Sewage Treatment Plant - One of
three serving metropolitan Dade
County, the Central Wastewater
'
Treatment Plant on Virginia Key
covers 115 acres. A 72 inch force
main extending to the northwest
under Biscayne Bay connects to the
mainland. The plant generates
sludge which is digested for the
North plant as well, dewatered and
dried on open beds. Disposal of
the sludge has been a continuing
issue for the treatment plant
which generates over 50 tons each
day. Heavy truck traffic serves
the plant and shares the treatment
plant access road with the newly
opened beachfront park. Dade
County maintains the road.
Private Marine Recreation - The
Miami Rowing Club, located between
Marine Stadium and Planet Ocean,
is a private club devoted to the
teaching, training and staging of
competitive rowing events. A
1
club -house, storage area and
�.�
pool/picnic area comprise the
00
facilities on the .75 acre site.
Dredge fill area (left) and treatment plant
Public Marine Exposition - Planet
Ocean - Founded by the
International Oceanographic
Foundation and now a part of the
University of Miami, Planet Ocean
is the world's largest marine
science exposition attraction.
The facility contains over 60,000
square feet of floor area and 258
parking spaces.
Commercial Marine Exposition - The
Miami Seaquarium is a privately
owned entertainment complex that
covers a 60 acre site. Specialty
shows featuring performing marine
mammals and exhibits of marine
life provide a major tourism
attraction for the region. The
land is leased from Dade County.
B 10
1
Public Marine Services - A 20 acre
recreational boating service area,
northwest of Marine Stadium,
provides 650 dry boat storage
spaces, 182 wet slips, boat
rentals, retail supplies, minor
repairs, a boat ramp, boat
launching and restaurant services.
A boat fuel facility is planned.
Unorganized growth in the area has
created access, circulation, and
parking problems. Inefficient use
of land for boat storage has
preempted needed parking and space
for staging racing events.
Commercial Services - Retail
services on the island are limited
to: restaurants, including
Horatio's, the Rusty Pelican and
the Sandbar, all within the
vicinity of Marine Stadium;
temporary vendor concessions along
the public recreational beaches;
and a bait & supplies stand in
"Shrimpers Lagoon" east of the
treatment plant.
Institutional Marine Research
Dade County has reserved 65 acres
CD northeast of the Seaquarium for a
marine research park. Present
( institutions represented with
facilities include the University
of Miami Rosenstiel School of
Marine and Atmospheric Science,
GCS the National Oceanographic and
Atmospheric Administration (NOW,
and the Southeast Marine Fisheries
Center (division of NOAA in the
U.S. Department of Commerce).
Marine services and restaurants
Marine research park (upper left) and Seaquarium
i
1
4
Majority of parking is near Marine Stadium
3/4 mile distance separates Marine Stadium
and Senquarium parking areas
The new high level bridge and causeway widening
has eased traffic problems
Parking - Approximately 4,130
parking spaces are provided for
all uses (excluding the treatment
plant) on the island. A summary
of parking by use is listed below:
W
Parking Location
Amount
NOAA Laboratories
300
u of M Rosensteil School
280
Planet Ocean
258
Miami Sequarium
917
Marine Stadium
925
Rickenbacker Causeway (beach area)
1100
Z4
City Park on Virginia Key Beach
350
Restaurants/marine services area
650
Southeast Marine Fisheries
50
13
Roadway and Transportation -
Rickenbacker Causeway is the only
vehicular access to Virginia Key
and Key Biscayne. In 1986 the
causeway was widened to six lanes
and a new high level fixed span
five lane bridge constructed over
the intracoastal waterway. The
causeway and bridge improvement is
designed to aceomodate projected
traffic demands from Virginia Key
and Key Biscayne through the year
2005. The three lanes westbound
(critical movement) have a peak
hour capacity of 3600 vehicles.
The causeway improvement also
includes extensive landscaping,
controlled vending areas, a bike
path, and designated parking areas
that have enhanced the causeways
extensive use as a waterfront
recreation area with 4500 feet of
beaches. Overflow parking from
special events at Marine Stadium
is no longer allowed on the
causeway in order to protect
landscaped areas.
Public transportation
services to the island consist of
Metrobus service at 40-60 minute
intervals with connections to the
Vizcaya Metrorail station.
Communications - WKAT radio leases
a 2.2 acre site south of the
treatment plant for a transmitting
tower (spread of tower guy wires
covers a 15 acre site).
PROPOSED LAND U S E
group picnic facilities, and
large open areas suitable for
event and concert programming.
The following policy
Combinations of these and
recommendations, as depicted on the
similar activities would be
accompanying Proposed Land Use map,
desirable but would require a
characterize the general public purpose
master site development plan for
that each recommended land use fulfills.
the entire area prior to
While each policy addresses specific use
implementation of any one
options, there should be flexibility in
component.
the future in choosing which activities
or site designs best meet policy
Active public use of the
objectives. Unlike previous studies for
area will inevitably lead to
Virginia Key, the details of design and
public use of the water's edge,
site development are left to subsequent
including swimming. This is as
implementation efforts.
it should be. But it will be
necessary to provide a flotation
PUBLIC OPEN SPACE
barrier off -shore to separate
and protect swimmers from
R E C R E AT I O N
dangerous channel currents. The
Four areas constitute the public
only alternative is to erect an
elaborate shoreline barrier to
open space/recreation program
deny public use of the water
proposed for the island:
which this stu+'y considers
1) FORMER VIRGINIA KEY BEACH
impractical, visually
Immediately east of the
i
marine institutional research
park, this 77 acre tract is
Virginia Key's best opportunity
.1 `
for development of an active
-ate
natural resource based
recreation area. The entire
�• d�iH
01 area should be privately
developed and operated under one
unified program of planning,
'4Lr,� �+kaw�7l4+� ' w•:. �•",; ": ':, ;�+x; c zu. ^ 4
design, construction, leasing`
r .
and management. Examples of
GO suitable activity include water
theme parks (with visual
emphasis on landscaping),
equestrian parks, campgrounds,
Former Virginia Key Beach Park Is best opportunity for active recreation and camping.
28
ON
Swift currents in Bear Cut require safety
flotation barriers for beaches.
undesirable and likely
ineffective. In addition, the
shoreline needs stabilization
through dune restoration and
beach renourishment.
Vehicular access to the
area would be confined to the
existing treatment plant access
road (no access through the
marine research park) at a point
indicated on the Proposed Land
Use map. ------ --
2) EXISTING CITY PARK/BEACH
Presently in use as a
public park and swimming beach,
the area consists of a beach,
modified by groins installed by
the Corps of Engineers, and a
hardwood hammock immr:diately
upland. The northern reach of
the beachfront is separated from
"Shrimpers Lagoon" to the west
by mangroves. Due to the
environmental sensitivity of
these eco-systems, the area
should remain as a natural
resource based city park devoted
to picnicking, swimming, and
passive re-creation. Three
improvements are!, however,
needed:
A - environmental enhanceulant,
including renourishment of
the beach, re-establishment
of the dune system, removal
of exotic plants and
replanting of native West
Indian hardwoods within the
hammock, and mangrove Beach renourishment and hammock restoration
29 is needed for new City park.
GO
Former park swimming beach needs dune restoration.
I
■Pw) 2� A � �
'IrL�r r �~�p�TY
LAND USE
� t
�.�MAHGROVE PRESERVE) MANOROYEPLAlITiNGi
® �ERYIRONMENTAL'INTERPflE11VE!CEIiTEii
NATIVE, PLANT % ANIMAL FIELD STUDIES,
® �LANOBCAP014)
.
® FUDLIC PARK'r PASSIVE RECREATKON7
PUBLIC-PARK--'ACRVE RECREATION 7 PRIVATELY MANAGED
PUBLIC / PRIVATE RECREATKN SERVICES;
® IMAIIINE RESEARCH PARK.
® ; 90AnNa STORAGE % DOCIINO ,
® PRIVATE MARINE CLUSSI
.-MARINE I EXPOSITION EDUCATION
COMMERCUIL (MARINE SERVICES
® r RECREATION SERVICES I CONCESSIONS
®. BROADCAST TOWER
HELISTOP SERVCCEI
® SPORTS CLUB I INTERNATIONAL TRAINING. CENTER I
CAMPING
t.'! ,BEACHES!
® PUBLIC SWIMMING PROTECTED;
;:.SEWAGE TREATMENT PLANT ACCESS ROAD
'SEWAGE TREATMENT PLANT:ODOR CONTROL -COVERING
PARKING
® ;PEOPLE MOVER SHUTTLE'
V I R G I N I A
M A. S T E R
K E
P L A
r
planting along the west
shore of the lagoon inlet
channel;
B - expanded parking facilities
that would require a
westerly relocation of the
existing treatment plant
access road (see Proposed
Land Use map) and the
expansion of existing
parking lots into the
vacated roadbed;
C - concessions serving park
visitors including food and
beverage vendors (portable
stands) near the beach (see
map), an open decked area
with a food concession at
the extreme northerly point
of the beach, and a rental
concession at the edge of
the lagoon for paddle boats,
canoes, and windsurfers.
3) NORRIS CUT FILL SITE
The northern point of the
island remains today a 70 acre
barren area of bay bottom dredge
deposits that is also the most
developable of the island's
ocean frontages. By grading the
mounds of spoil deposits to a
level above flood criteria (10
to 12 feet above mean high
water) there is the potential to
00 develop permanent recreation and
athletic facilities that could
not be built elsewhere on the
island and for which space
Norris Cut fill site Is well suited to development,
- 30
Road relocation to the west will make room for expanded parking.
APPENDIX D
Coastal Construction Regulations
Chapter 16B-33, Florida Statutes
Rules and Procedures (Selected Excerpts)
95- 282
168-33.007 Structural and Other Requirements Necessary for
Permit Approval.
The following requirements (mist be met before a permit is
approved by the Governor and Cabinet, the Executive Director, or
the Division Director:
(1) The proposed structure or other activity shall be located
a sufficient distance landward of the beech -dune system to permit
natural shoreline fluctuations and to preserve the dune stability
and natural recovery following storm induced erosion. Where a
seawall or other coastal or shore protection structure exists,
proposed major structures shall be located a sufficient distance
landward of the coastal or shore protection structure to allow
for future maintenance or repair of the coealsl or shore
protection structure and seawall or bulkhead tie -becks. Although
fishing piers shall be exempt from this provision, their
foundation plies should be located so as to allow for the
maintenance and repair of any coastal or shore protection
structure that may he intersected.
(2) All structures shell be designed so as to minimize any
expected adverse impact on the beach -dune system or adjacent
properties and structures and shell he designed consistent with
Section 16B-33.005, Florida Administrative Code.
(3) habitable major structures which extend wholly or
partially seaward of the coastal construction control line or
50-toot setback shall be designed to resist the predicted forces
associated with a one-hundred-yeRr storm event. Assistance for
determining design parameters and for minimizing adverse Impact
may be found In the latest editions of such documents ae the
Shore Protection Manual, U.S. Army Coastal Engineering Research
Center; Department of the Armv Coastal Engineering Research
Center Technical Papers and Reports; and Division Technical and
resign Memoranda.
(4) Major structures sliall conform to the following
requirements:
(a) Habitable major structures shell be designed in accordance
with the minimum building code adopted for the area pursuant to
SPetlnna 553.70 - 553.895, Florida Statutes. The Florida lluildinr
Codes Act. in the event of conflict betwren the requirements of
this Chapter and the Above building codes or other state or
federal laws, the requirements resulting in the more restrictive
design for wind, wave, hydrostatic And hydrodynamic loads and
erosion conditions shall apply.
(c) All habitable major structures shall be elevated on, and
securely anchored to, an adequate pile foundation in such a
manner as to locate the building support structure above the
design breaking w6ve create or wave uprush as superimposed on the
storm surge with dynamic wave setup of a one -hundred -year storm.
The storm surge with dynamic wave, setup of a one -hundred -year
storm shall he the elevation determined by the Department of
Natural Resources study performed for the establishment of the
coastal construction control line. This elevation Is subject to
review and revision by the Department of Natural Resources. if
on elevation has not been determined by a coastal construction
control line study, the elevation for the storm surge bf a
one -hundred -year storm shall be the higher of either the federal
base flood elevation for the specific Area As recommended by the
Federal Emergency Management ACency, or the National Oceanic And
Atmospheric Administration. The Bureau will evaluate the
applicant's proposed structural elevation based upon available
scientific and coastal engineering data and will advise the
applicant of the specific elevation requirement for the site.
Additions to existing nonconforming habltahlo major structures
may be considered by the Bureau for a waiver of these elevation
or foundation requirements, provided that the addition does not
advance the seaward limits of construction at the site. Staff
evaluation In such cases will be based on engineering date, site
elevations, any impact on 'the beach And dune system. and design
life of the structure.
(d) Pile foundations for habitable major structures shell he
designed to withstand all reasonable anticipated erosion, scour,
and loedn resulting from a one-hundred-veRr storm Including al
least wind, wave, hydrostatic, and hydrodynamic forces acting
simultaneously with typical structural (live and dead) loads.
All major habitable structures should he anchored to their pile
foundation In such a manner Ra to prevent flootntinn, collRpse or `.
)sterol displacement. a 2
(e) The elevation of the aoll surfnep to he used in the
calculation of pile reactions and hearing rmpneltIPA for
hol,llable major atructureb shell not he greater than ihsl which
would result from the reasonnhle anticipated beach rand dune
erosion due to the one -hundred -year storm event or of a numher of
storm events having en equivalr.nt cumulative probability of
occurrence. Cnlculation of the design grade should account for
localized scour due to the presence of structural components.
Eronlun computations for (nundallon design should account for all
vertical and lateral eroAlon and scour producing forces. Benign
rat In of pile spacing to pile diameter is not recommended to he
less than 9:1 for Individual piles; however, this would not apply
to pile clusters located below the design grade. Pile caps
should be set below the design grade (which Includsa localized
scour). Tito plies should be driven to a penetration which
achieves adequate hearing cApselly taking into consideration the
enticlpsted lose of aoll above the design grade. In addition to
normal foundation Analysis, pile foundation analysis should
consider piles In column action from the bottom of the supported
structure to the design grade. Consideration should also he
given to the degree of exposure to wave attack and the resulting
Impact loads on lateral or dlegona) bracing between piles.
(f) No substantial walla or partitions shall be constructed
below the level of the first finished floor of habitable major
structures and seaward of the coastal construction control line
or 50-foot setback. This does not preclude, subject to
Department permit and applicable federal, county, and municipal
regulations, the construction of:
1. Stairways;
2. Sheorwalls perpendicular to the shoreline;
3. Sheorwalls parallel to the shoreline, which are limited to
a maximum of twenty percent of the building length;
4. wind or sand screens constructed of fiber or wire mesh;
5. Light, open lattice partitions with individual, wooden
lattice strips not greater then 3l4 inch thick and 3 Inches wide;
6. Elevator shafts;
7. Small mechanical and electrical equipment rooms;
S. Break -away or frangible walla.
(g) Structural design shall consider all design wave forces.
Habitable major structures shall be designed in consideration of
a one -hundred -year storm event. Calculations for wave forces on
building foundations and building superstructures may lie based on
minimum criteria and methods given in professionally recognized
documents, accepted by the Bureau. Acceptable criteria and
methods may be found in the Department of Navy, Naval Facilities
Engineering Command Design Manual NAVFAC DM-26, the Department
of the Army Corps of Engineers' Shore Protection Manual,
Department of the Army Coastal Engineering Research Center
Technical Papers and Reports. or Division of Beaches and Shores'
Technical and ifesign Memoranda, and other professionally
recognized documents accepted by the Bureau. Breaking, broken,
and nonbresking waves shall be considered as applicable. Design
wave loading analysis shall consider vertical uplift pressures
and all lateral pressures to Include impact, as well as, dynamic
lneding and the harmonic Intensification resulting from
repetitive waves.
(h) Structural design shall consider all applicable
hydrostatic loads. Habitable major structures shall he designed
In consideration of the hydrostatic loads which would be expected
tinder the conditions of maximum Inundation associated with a
one -hundred -year storm event. Calculations for hydrostatic loads
shall consider the maximum water pressure resulting from a fully
peaked, breaking wave 3uperlmposed on the design storm surge with
dvnemic wave setup. Doth free and confined hydrostatic loads
j shAl) be considered. iydrostatic loads which are confined shall
be determined using the maximum elevation to which the confined
writer would freely rise If unconfined. Vertical hydrostatic
loads stie)i be considered nit forces Acting both vertically
downward and upward on horizontal or inclined surfaces of major
structures (e.g.. floors, slabs, ronfa, walls). Lateral
hydrostatic loads shall be considered as forces acting
horizontally above and below grade on vertical or inclined
surfaces of major structures and coastal or shore protection
structures. Hvdrustatic londs on irrepular or curving geometric
surfaces may he determined in consideration of separate vertical
l�
95" 282
and horizontal components set Ing simultnnenusl%- under the
distrlhgtIon of the hydrostatic pressures.
(i) Structural design shn)I r.onsldpr nit sppilent/le
hydrodynnmic loads. Habltnhle mnjnr strrtcturer. shall he designed
in consideration of the hydrodynnmic londs whirl, wMild he
expected under the conditions of a one -hundred -year storm rvent.
Calculations for hydrodynamic loads 9hnll consider the mesimrnn
water pressures resulting from flip motion of lh^ wntcr mnss
ansucinted with a one-Mtndred-vcnr storm event. Full Intensity
loading .hnll be applied on nil structnrsl surfacen above the
design grade which would effect the flow vciocllies.
(I) Fishing piers or ocean piers constructed for scientific
purposes need not be designed for the conditions associated with
a one -hundred -year storm event. New piers or the extension of
existing piers shall be designed for the minimum erosion, scour.
and loads accompanying a 20-year storm event. Pier decking and
rails may he designed to be expendable. Design guidance may be
provided by the ilureau for the conditions expected at the
specific site. Habitable or covered facilities constructed on
the pier shall be designed for the minimum wind loads as set
forth In this Chapter. Pile foundation design shell not obstruct
the longshore sediment transport and shall be designed to
minimize any impact to the shoreline or consist processes.
Because of the critical need for shoreline and littoral
monitoring date. All permitted piers are encournred to include
limited space for the Installation of a tide or wave recording
Instrument.
(k) Pipelines or ocean outfalls crossing the beach need not he
designed for the conditions associated with a one-hundred-yenr
storm event. New pipelines and neean outfalla crossing the beach
and littoral zone or the extension of existing pipelines or ocean
outfalls shall be designed for the minimum erosion, scour, avid
loads accompanying a 20-year storm event. Design guidance may be
provided by the Bureau for the conditions expected at the
specific site. Pipelines or ocean outfalis shell be constructed
below grade across the bench and littoral zone and shall not be
designed to adversely effect the beach or consta) processes at
the site.
(1) Swimming pools. wading pools. and water retention
structures are considered expendable structures and need not be
designed for the erosion, scour, ant) loads accompanying a
one -hundred -year storm event. Because of the expendable nature
of these structures, pools should be sited no that their failure
does not adversely affect an adjoining major structure or coastal
protection structure. if due to limited site availability the
pool needs to be located in close proximity to any existing major
structure or coastal protection structure, the pool shall he
designed with an adequate pile foundation for the erosion and
scour conditions of a one -hundred -year storm event. A pool need
not be designed with nn adequate pile foundation if its
anticipated failure would not jenpnrdlze a major structure
constructed on an adequate pile foundation. Ali pools shall he
designed to minlmir.e any permanent excavation seaward of the
coastal construction control line. Therp shall not he any net
loss of material from the Immediate area of the pool and the pool
shall generally be elevated either partinlly or totally above
original grade to minimize excavation.
(m) All other nonhabitable major structures need not be
designed for the erosion. scour, and londs associated with a
one-hundred-venr storm event; however, they shall he designed to
minimize the Impact resulting front their structnrsl failure.
(n) The Department may require additional design or structural
standards as indicated by site specific factors or conditions.
(o) The applicant shall furnish the Department with
certification by a professional engineer or architect registered
in the State of Florida that the design plans and npeclficntions
submitted as part of the permit appllcatir3n are in compliance
with the standards established In this section.
(5) Minor structures need not meet specific structural
requirements for wind and wave forces, but they shnli he designed
to produce the minimum adverse Impnet on the begeh and dune
system and adjacent properties avid to reduce the potential for
generating nerodynamicnily or hydrodynamirnlly-prnpPliP(I minsllps.
14
9 5 - 282
(6) Coastal or shore protection structures which extend wholly
or part lally seaward of the control line or 50-foot sethock shall
he designed for the predicted natural forces and conditions
cottsislent with the proposed usage and design life of the
structure,
( a ) All flexible coastal or shore protection structures shall
bt• compatible with the existing coastal environment.
(h) Design nonsideralions for rigid coastal and shore
protection structures shall include structural siting, foundation
geotextilea), crest (or caft) elevation, toe elevation,
structural elope(a), componNnts as impacted by waves superimposed
upon the design alorm surge, expected scour, and impact on the
beach and dune system and the adjacent properties and other site
specific conaiderstions. Coastal and shore protection structures
should be designed for the minimum wave loads which are
applicable for the design storm conditions which justify the
structures. Wave and runoff induced seepage in fill hehind rigid
coastal protection structures should be considered to avoid
partial or complete failure due to piping of fill 'material under
the structures. Seawalls, revetments, and rubble mound
`1 structures are generally designed for a 20 to 50-year storm
event. Design procedures are available in the latest editions of
the Department of the Army Corps of Engineers' Shore Protection
Manttal; the Department of the Army Coastal Engineering Research
Center Technical Papers and Reports; the Department of the Navy.
Naval Facilities Engineering Command Design Manual NAVFAC MI-26
and Naval Facilities Engineering Command Design Manual NAVFAC
DA1-7; Department of Natural Resources, Division of Reaches and
Shores' Technical and Design Memoranda; and other professionally
recognized guidelines. as accepted by the Bureau.
(c) The applicant shall provide the Department with
certification by a professional engineer registered in the State
of Florida that the design plans and specifications submitted as
part of the permit application for rigid ccastal or shore
protection structures are In compliance with the standards
established in this Chapter.
(7) The necessity for activities seaward of the control line
or setback line shall be stated and clearly justified by the
applicant in accordance with the requirements of this chapter.
In analyzing the information submitted by the applicant, the
Department shall consider the following types of information and
concerns:
(a) The purpose of construction or excavation;
(b) The relationship between the use of the proposed
construction or excavation and the use of existing structures:
(c) The location of the applicant's property in relation to
the location of the coastal construction control line or 50-foot
setback;
(d) The location of existing structures on the applicant's
property in relation to the location of the coastal construction
control line or 50-toot setback;
(e) County and municipal zoning regulations applicahle to both
the applicant's property and its use and other properties in the
general area which are more stringent then the Department's
requirements for the purposes of Chapter 161. Florida Statutes.
(f) Existing county and municipal governmental ordinances and
regulations prescribing setback limitations applicable to
existing structures which are more stringent than the
Department's requirements;
(g) The topography of the applicant's property;
(h) The location of structure, in the area of the applicant's
properly that have established a reasonably continuous and
uniform line of construction closer to the line of mean high
I water then the established control line on a map or pictoral
diagram or representation, if the permit is requested under the
provisions of Paragraphs 161.053(5)(b) or 161.052(2)(b),
Florida Statutes;
1 (1) Any alternatives to the proposed construction or
excavation available to the applicant: and
(j) Any other site -specific considerations.
Specific Authority 370.02)(1) F.S. Law Implemented 161.053,
161.052(2) FS, III story - NPw 11-IS -80; Formerly 16R-33.07:
Antended 3-)7-85, I1-10-85.
15
95— 282
�'tx"
168-3�1.002(56) (kepea)ed 5-12-92)
168-33.004 Fxemptione: from Permit Requirements
(1) Any structure under construction prior to the
establishment of a coastal construction control line in a
particular county is exempt from the provisions of Section
161.053, Florida Statutes, and this Chapter, except as noted in
Subsection 161.053(12), Florida Statutes.
(a) "Under construction" is the ongoing physical activity
ar the time of consideration of the exemption referenced in
AuL•scction 161.u53(9), F.S. of placing the foundation of, or
continuation of consttuction above the foundation of, any
structure seaward of the established coastal construction control
line or the set back line.
(b) A pile -supported structure shall be deemed "under
construction" when the process of placing the permanent pile
members for the foundation liar begun. Driving of test piles and
temporary placement of piles in preparation for driving shall not
qualify a structure as "under construction," For concrete
footer, base, slab or grade beam supported structures, n
structure will be deemed "under construction" when the process of
placing concrete for the foundation has begun. For roads,
parking lots, driveways, walkways or similar paved structures,
the structure will be considered "under construction" when
placement of the base course, if used, or surface course has been
started.
(c) An exemption may be granted by the Department for a
particular structure upon receipt and consideration of the
following:
1. A copy of all required local government permits
authorizing the structure, and
2. A full act of building plans for the structure approved
by the local government in conjunction with the building permit,
and
3. Documentation, including incal building inspectors
construction reports, construction contracts or other
information, substantiating that a bona fide construction
process, which appears will be continuous in nature, has started.
(d) Exemptions granted under this subsection shall only
apply to those individual structures or parts of such structures
which are determined to be under construction and are also
described in both the local permit and t.be building plansOnly
those structures which are under construction as defined in this
section may be exempted. other proposed structures shown on site
plans, building permits, planned unit developments or similar
documents are not exempt. Any subsequent construction activity
In addition to that so described and exempted shall require a
permit, unless exempted under other provisions of this rule.
(e) Property owners may request a determination of
exemption status within the period starting with the date of the
first Public (fearing on reestablishing the coastal construction
control line held within the respective county and ending with
1 the establishment of the coastal construction control line. The
effective date of an exemption granted under this section shall
be the date the coastal construction control line is established.
Specific Authority 370.021(1) FS. law Implemented 161.053(1),
(7), (10) 161.052(3), (6) FS. 111story-New 11-18-80. Amended
3-17-85, 11-30-85. Formerly 16B-33.04. Amended 5-12-92.
16B-33.007 Structural and Other Requirements Necessary for
Permit Approval.
(4)(b) All major structures shall be designed in accordance
with Section 6, American National Standards/American Society of
Civil Enginvcring 7-80 (July 1990) "Minimum Design loads for
Buildings and Other Structures", which is adopted herein by
reference; except that for major habitable structures the minimum
basic wind speed shall be 310 miles per hour (mph) (115 mph in
the Florida Heys) unless a higher velocity is required, and all
major structures shall be designed so that the structure ar.1 its
components do not become airborne missiles. An engineer or an
architect registered in the State of Florida shall provide
separate certifications that the main wind -force resisting system
has been designed in accordance with this standard, and that the
components and cladding have been selected and their use
incorporated into the design and specifications to withstand the
wind loads determined in accurdance with this standard.
Specific Authority 370.02)(3), Florida ,.e.tatutes. law Implemented
161.053, 16).052(21, Florida Statutes. 11istory - New 11-18-80; Amendnd 3-17-05, 11-io-05. Formerly 1611-13.07; Amended 5-12-92. — 2
EXHIBIT I,
SKETCH OF SURVEY
95- 282
a
�_ ` SUi1ETORS MICR
LEM DESCRIPTION AS PER GIENI iNSIRLolow IS DO Mr Am PMNLES 10 140TLED
SUADC SASU fOR ABLARIACSIIENt :TRd110.AA STAT AMSS TE RAW COORDIRAFE STSIVA EASt IAME N1D 11 191E
$MCMN C B O U N D A R Y
ANON COICSI0.00TIW fdItROL LIME FROM p[PMIKNT DE NIfINAL• RSOIRaS YIP DATED
li SEPSE59(R NMI BY BLACK CROP 001IDSFEfS IM.
KM NICK r11fR LIME MI ar[INIFED /r (LIGO IIIstRLCIIOa
APPARENT SHORE LIME DOES NOT PIR"I 10 REMSENT IIE DEAN NIOI MIA LINE SIVIN ONLY
AS A AElralxi AW r0 PROVIDE AN AREA
'i AREA: PARCEL A: IJ1 70 AOWS kWOR L(SS.
PARCEL a 10 OS ROES YORE Of LESS
AREA BONN CA(Ct"M TO THE APPARENT DIME LIME.
-- I REFERENCES,.
} OUE C"tr SlNrtr SECTION ADTES
VIRGINIA KEY PROPOSED CIIPOROEtLI 1EIDOLR SIRIVI IAC NO IUPPIM P. A
ITSLAAL DISTRICT OASTEfAIO( IPCAIKNT PLAY SLRI'CT DATED $-1149
_ COIRir OLKO /9OYIOIY OI APO S7ARWIM VIRGINIA WT DATED APRIL 20, 1970.
COASIAL CONSIALCIIW CONTROL LIFE WP DATED SEPT. Joel
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AEGISVED LAID SIRIMOR All. 16t
ftAtr Or RarIDA
FERNANDO Z. GATELL P.L.S.,INC.
.. ,,. lucid.. tmTE PIS. MIAAII, rLORIDA 33155
BOUNDARY SURVEY
CITY OF MIAMI
PROPOSEO VIRGINIA KEY CAMPGROCRIO
EXHIBIT II.
DECLARATION
PROFESSIONAL INFORMATION
FINANCIAL DISCLOSURE FORMS
95- 282
FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION REQUIREMENTS
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 financial 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' schema tic 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.
95- 282
�W.,
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
proposer and the City of Miami, Florida, for the performance of all requirements to which
this proposal pertains.
The proposer states that this proposal is based upon the proposal documents issued March
7, 1995, entitled Request For Proposals for the Unified Development of the Virginia Key
Campground, Virginia Key, Miami, Florida and addenda, if any.
i
i
J
Name of Firm, Individual or Corporation
Signature Signature
Title
Title
II-2
95- 282
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- 282
II-3
Name:
Address for purposes of notice or other communication relating to
the proposal:
Telephone No. ( )
The proposer is a: ( ) Sole proprietorship
( ) Partnership
( } Corporation
( ) Other (explain below)
95- 282
II-4
6
pARTNERSNTP 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.
95- 282
11-5
If proposer is incorporated, answer the following:
1. When incorporated?
2. Where incorporated?
3. Is the corporation authorized to do business in Florida?
Yes ( j 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. 5
II-6
14.r
FINANCIAL DATA OF PROPOSER
i
Audited Financial Statement
jProposer, owner -corporation proposer, and any person or business
entity guaranteeing the performance of the proposer must attach a
complete report, prepared in accordance with good .accounting
practice, reflecting current financial condition. The report
must include audited financial statements (balance sheet and
income statement). The person or entity covered by the statement
must be prepared to substantiate all information shown.
i
Surety Information
Has any surety or bonding• company ever been required to perform
upon your default? Yes ( ) No ( )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( j
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- 282
TI-7
EXPERIENCE STATEMENT OF PROPOSER
Describe in detail the duration and extent of your business experience in the development
of campgrounds and campground -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.
II-8
95- 282
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
I references named are to have knowledge of your debt payment
history. At least one reference must be a financial institution.
Reference No. 1
Name:
t
Firm:
l
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
11-9
95- 282
�'tJR'
Reference No.
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.: -
I1-10 95 ` 282
l&'
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
i
95- 282
EXPERIENCE STATEMENT OF
PROPQ,SER'S ARCHITECTILANDSCAPE ARCHITECT,IENGINEER
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.'
95-- 282
BACKGROUND DATA OF PROPOER' S ARCHITEC'�T.JT� 12SC.RE__.ARCHTTFCT
,/�GINEER
urety 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
l 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.
i
s
i
i
I
i
��- 282
a II-13
REFERENCES OF PROPOSER''S ARCHITECTILANDSCAPE ARCHITECT NGINEER
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- 282
II-14
ARCHITECT/LANDSCAPE ARCHITECT/FNGI EER'S
,SUBf ONSULT.ANTS' 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
Name
Title
Title
.i
9 5 -- 2.2
jig.
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to the development of campgrounds and campground -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- 282
aw:.
BACKGRO[LND DATA OF
ARCHITECT/1,AN-DSC_A2E ARCHITECT/FNGJNEER' S SUBCONSULTANNS
Surety Information
.Has any surety or bonding company; ever been required to perform
upon your default? Yes ( j 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
i
1_J
}
1
95- 282
� 1g., -
I -.
REFEREES OF
ARCHITECT/LANDSCAPE ARCH ITECTIENQINEE R'S SUBCONSULTANTS
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-18
95- 2-82
tW.,
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 -
Name
II-19
Title
Title
95- 282
019-'
I
I
EXPERIENCE STATEMENT OF PROPOSER'S GENERAL CONTRACTOR OR
CONSTRUCTION MANAGER
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to the development/construction of campgrounds and campground -
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-20
95- 282
urety 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.
Bankruntcv 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- 282
I1-21
REFERENCES OF PRO nSFR - S CENERA.T CONTRA('T(lR OR CONSTR�T(`TTf1N
MANAGER
List two persons or firms for whom you have completed projects
j during the past three years. -
Reference No. 1
Name:
Firm:
Title:
Address:
I
Telephone:
Nature and magnitude of•business association:
Reference No 2
Name:
Firm:
s,
Title:
Address:
Telephone: (.--_�
Nature and magnitude of business association:
95- 282
TT-22
PROPOSER'S OPERATIONAL 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
Name
II-23
Title
Title
95- 282
EXPERIENCE STATEMENT OF PROPOSER'S OPERATIONAL MANAGER
Describe in detail the duration and extent of your business experience in the operations
and management of campgrounds and campground -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 qualifications for the project identified. 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.
II-24
95.6 282
BA EGROUND DATA OF PROPOSER'S 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.
Bankruptcv_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- 282
II-25
ice:.
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:
I1-26 95 - 282
QPERATIONAL NLANAGER' S
$ 1B ONSULTANTa' QUESTIONNAIRE
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
II-27
Title
Title
95- 282
EXPERIENCE STATEMENT OF PROPOSER'S OPERATIONAL MANAGER'S
SURC'ONSULTANTS
Describe in detail the duration and extent of your business experience in the operations
and management of campgrounds and campground -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 qualifications for the project identified. 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.
II-28
95- 282
BACKGROUND DATA OF
nPERATIONAL 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 ( j 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 detail-60•information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
II- 29
95- 282
Pow
REFERENCE
QpERATIONAL MANAGER'S SUBC NSULTANTS
List two persons or firms for whom you have managed _projects
during the past three years.
Reference No. I
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- 282
II-30
EXHIBIT III.
MINORITY PARTICIPATION FORMS
AND
OFFICE LOCATION AFFIDAVIT FORM
95- 282
irq:�
MINORITY PARTICIPATION DOCUMENTATION
NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(S):
I
a) List principal business address: (street address)
b) List all other offices located in the State of Florida:
i (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 t!)•,a.nd 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
1 AFFIRMATIVE ACTION PLAN"
If firm has an existing plan, effective date of
j implementation If firm does not have an
11 existing plan, the Successful Proposers) shall be required to
establish an Affirmative Action Policy, pursuant to Article. IV.
1 5f Sections 18-67 -18-77 of the City of Miami Code.
,l
Proposer:
Signature:
(company name)
95- 282
14.,
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.
B. SUCONSULTANTS: ; Provide information regarding Minority/Women firms
participating and the extent of participation.
95- 282
II1-2
MINORITY PROCUREMENT COMPLIANCE/AFFIRMATIVE ACTION FOl�U-14
NAMES OF COMPANY OWNER(S)t
NAMES OF COMPANY OFFICER(S):
a) List principal business address; (street address)
b) List Vall other offices located in the State of Floridd-z
(street address)
Name of individual, holding license in this profession (if
applicable):
M,InStli�'TY PRQ�"uREtLNx COMP.L�_�E
The undersigned proposer acknowledges that (e)he has received n copy of
ordLnance #10062 as amerided, 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 Name: ---
Indicate if Business is 51% Minority-ownedt (check ane box only)
[ ] BLACK [ ] HISPANIC [ j FEMALE
� AFp'ZR;vl�1TiV� AC'T.;Qt��l '
If firm has an existing plan, erfective date of implementation:
Must be included as part of submission.
1 If firm does not have an existing plan, the successful Propoeer(s) shall be
required to establish an Affirmative Action Policy, pursuant to ordinance
f10062 as emended. See sample.
Proposer:
Sig nature: _
_ (company name)
95-- 28-2
III-3
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)
III-4'
95- 282
Please Check One Box Only
CITY OF MIAMI
[ ] 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 (51. 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
j 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
i 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.
NOTARIZATION
COUNTY, SS
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:
82
My Commission Expires:
T T T C
,sYo•.,� City Of Miami
PRIMARY OFFICE LOCATION
4�
,„ " � � Affidavit
°�� Boa
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: (check one box oNy) O Partnership
❑ Sole Proprietorship ❑ Corporation
Corporation Doc. No: Date Established: Occupational License No: Date of Issuance:
"' a`i ,t " Pntnary,OKce tocatxiri (P,nnclpal `eStab{�Shment of the btdder/Proposer) >a Y ti
Street Address:
z
W
orcity;
Slate:
How long at this location:
rz
Street Address:
C
0
Uj
City:
State:
How long at this location:
a
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 vendors/proposers to promote economic development within the City of Miami.
(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 section.
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 199 ❑ Produced identification:
I
I
Notary Public, State of Florida
Printed Name of Notary Public My Commission Expires 2 8 2c
/r
Please submit 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($) to verify
the location of the firm's primary office.
TTT_A
EXHIBIT IV
LETTER FROM METROPOLITAN DADE COUNTY
WATER AND SEWER AUTHORITY
95_ 282
MIAMI-DADE WATER AND SEWER DEPARTMENT
June 14, 1994
Mr. Jack Luft
Assistant Director & Planner
City of Miami
3500 Pan American Drive
Miami, Florida. 33133
Re: Central District WWTP on Virginia Key
Dear Mr. Luft:
This letter is to bring you up to date on the Odor Control Program at our Central District
Wastewater Treatment Plant on Virginia Key.
In February, 1992 we completed the construction of odor control facilities which included
enclosing the main odor sources of all four grit: chambers, the septage unloading station and
all eight sludge concentrators. Four odor control buildings were constructed to house the
blowers, pumps and air scrubbing towers. The total cost of this project was $7.4 million.
Subsequent to the above project, WASD undertook a three phase program to control odor at
the remaining sources at Virginia Key. Phase I which was completed in December, 1993 at
a cost of $2.7 million included modifications to improve the effectiveness of the air
j scrubbing towers, installation of equipment to apply oxidant to the sludge on the drying
beds, installation of a dispersal system, for odor counteractant at the sludge drying beds and
at the inlet end of the aeration tanks, and covering the centrate trough at the dewatering
.� building.
Phase II, which is currently under design, includes conversion of the plant No. 1 aeration
tanks to covered oxygenation tanks and construction of an additional cryogenic oxygen
l generating plant. This work is estimated to cost $16 million and scheduled to be completed
in 1996.
j Phase III will include enclosure of the loading bays at the dewatering building and
i construction of a fifth odor control building with air scrubbers at an estimated cost of $4
million.
J
95- 282
Mr. Jack Luft
June 14, 1994
Page 2
In addition to the above construction program, on June 1, 1994 WASD began injection of
oxidant at sewage pumping station No. 1 in Miami to control odors and corrosion in our
force main under Biscayne Bay. This has also resulted in odor reduction in sewage arriving
at Virginia Key. We are currently undertaking a study of various chemical and biological
products to control sulfides and reduce odor throughout our sewer system.
There has been a substantial reduction of odors at Virginia Key as the result of the work
completed to date and further improvement can be expected from the projects that are
proceeding.
Sincerely,
r
Anthony . Clemente, P.E.
Direct
AJCIRCR/la
95- 282
ita,
EXHIBIT V
LETTER FROM METROPOLITAN DADE COUNTY
DEVELOPMENT IMPACT OFFICE
95- 282
11/22/ 89 16:53 'V`305,47$w5U0 VfS% 11drAt'i i uxx
METROPOLITAN DADE COUNTY, FLORIDA
' EI4ETR AQE
METRO-DADE CENTER
OFF10L- QFTHE GOUI(TY MANAGER
1�avember 22 199¢ DrVELOPMENTAL IMPACT COMMITTEE
SUITE 1210
111 N.W. TSI STREET
MIAMI, FLORIDA 3372E-1973
PW 375.2557
1 W. Jack Luft
Planner/.Asst. Director
Deparmaent ofDev+elopmeat
l 340 Biscayne Boulevard Way
$trite 400
Miami, Imida 33131
y
Dear W. Loft
I
This is in response to your inquiry as to Dade Counrt s road impact 'fee which will be due at time
of Building Permit for rbe proposed beach park development, to accommodate 500 campsites at
Nrwginia Beach in the City orKami.
In accordance with the l c weekday tnp jeneration for the proposed use of 15.77 trip ends per
acre, the road impact fee will be �2,s62,66 per acre, If the previous uses on the site are
I
' discontinued, credit can be obtained an previous verified daily trips to the site. The credit on the
i change of use would be S299.64 per average daily car parking fee collection. ThP City would, of
course, be required to make application to the Dade County Public Works Department to
} recognize theproposed credit
I would su?gesc that if you have any fiinther questions regarding impact fees, you contact Mr. Ted
fBerman, Impact Fee Administraton, at 375-2709.
Very truly yours,
Carey L: Rawiinson, Jr., Director
i Developmental Impact Committee
1 .
J
CLR:dh
_.a
:_i
2,82
%-wig-
a
EXHIBIT VI
LIST OF SOURCE ORGANIZATIONS
Greater Miami Convention & Visitors Bureau
701 Brickell Avenue, Suite 2700
Miami, Florida 33131
(305)539-3040
The Beacon Council
80 Southwest Eighth Street
Miami, Florida 33131
(305) 536-8000
John Anderson, Chairman
South Florida Regional Planning Council
3440 Hollywood Boulevard
Hollywood, Florida 33021
(800)985-4416 or (305) 985-4416
Miami -Dade Chamber of Commerce
9190 Biscayne Blvd.
Miami Shores, Florida 33138
(305)751-8648
Greater Miami Chamber of Commerce
1601 Biscayne Boulevard
Miami, Florida 33132
(305) 350-7770
Miami Capital Development Corporation
300 Biscayne Bid. Way, Suite 614
Miami, Florida 33131
(305) 358-1027
Tony Crapp,
National Association of RV Parks and Campgrounds
8605 Westwood Center Drive, Suite 201
Vienna, VA. 22182-2231
(703)734-3000
David Gorin, Executive Vice President
Florida Association of RV Parks and Campgrounds
1340 Vickers Drive.
Tallahassee, Florida 32303-3041
(904)562-7151
Joe Striska, Executive Director
MetroDade County Department of Environmental
Resource Management
33 SW Second Street
Miami, Florida 33131
(305)372-6789 or (305) 372-6584
Craig Grossenbacker
City of Miami - Department of Development &
Housing
300 Biscayne Bid. Way, Suite 400
Miami, Florida 33131
(305)579-3366
Dianne Johnson, Development Coordinator
City of Miami - Office of Asset Management and
Capital Projects
300 Biscayne Bid. Way, Suite 400
Miami, Florida 33131
(305) 373-4640
Eduardo Rodriguez, Director
CAMACOULatin Chamber of Commerce
1417 West Flagler Street
Miami, Florida 33125
(305)642-3870
95" 28
4
i
I
l
i
J-94-509
6/17/94
RESOLUTION NO. 9 4
571
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 A RECREATIONAL
CAMPGROUND AND ANCILLARY RECREATIONAL
FACILITIES ON CITY -OWNED WATERFRONT PROPERTY
LOCATED AT VIRGINIA KEY BEACH, 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
i
i WHEREAS, the City Manager recommends that for the
development of a Recreational Campground and ancillary
recreational facilities on City -owned waterfront property located
i
at Virginia Key Beach, Miami, Florida, (the "Project"), it is
most advantageous for the City to procure from a private person
a
one or more of the following integrated packages:
95- 282
CITY COMUSSION
MEETING OF.
JUL 2 6 1994
Resolution No,
94- 571
Planning and design, construction and leasing; or
- Planning and design, leasing and management; or
g
- Planning and design, construction and management; or
i
- Planning and design, construction, leasing and
management; and
WHEREAS, the City Commission directed the City Manager to
i
initiate the process for a Unified Development Project for the
Project; and
WHEREAS, Section 29-A(c) of the City Charter further
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:
j 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
i
Section.
Section 2. It is hereby determined that the most
advantageous, method for the development of a Recreational
Campground and ancillary recreational facilities on City -owned
waterfront property located at Virginia Key Beach, Miami,
Florida, is by the Unified Development Project Process and that
the City should procure from a private person the following
integrated package:
- Planning and design, construction, Leasing and
..a
management.
95- 282
94- 571
�2-
y,x.
i,
i
Section 3. The City Manager is hereby authorized to
develop a Request for Proposals for a Unified Development Project
for the development of the improvements as set forth in Section S
hereinabove.
Section 4. A Public Hearing to consider a Unified
Development Project Request for Proposals for the development of
a Recreational Campground and ancillary recreational facilities
on City -owned waterfront property located at Virginia Key Beach,
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.
i
SVEPHEN P. 4ARK, MAYOR
AT
f 1
TY HIRAI
CITY CLERK
i
7 PREPARED AND APPROVED BY:
i
_.;
LINDA K. KEAR
ASSISTANT CITY ATTORNEY
i
APPROVED AS TO FORM AND CORRECTNESS:
0 i1v X) ZeA ,.I
A. QII NN 'T)b4ts, III
j CITY ATTO tY- 282
LU: csk:M4406 9 4 - 571
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t_194