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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 0 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and WHEREAS, the City Attorney recommends that for the implementation of such modifications, the current RFP be rescinded, and a new RFP be issued; and WHEREAS, the City Charter requires a public hearing be held to take testimony regarding the contents of the RFP and therefore a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 2- 95- 282 k*-, 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 3- PASSED AND ADOPTED this 27th day of April, 1995. ASTEPEN P. CLA14K, MAYOR aTTRPT PREPARED AND APPROVED BY: 7 �&; LINDA K. KEARSON ASSISTANT CITY ATTORNEY W1581kk:csk:LKK APPROVED AS TO FORM AND CORRECTNESS: A. QUINNJ N , III CITY ATTO m ATTACHMENT (RFP ) IN SEPARATE FOLDER WITH BACKUP PAPERS 95-- 282 k I 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 i,JC.tY i Ul � ULY r /►V11JL1U nJ.�L t utu.r.1 r Y i.., w -a � � .. _ r I! 1 i 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. .A� J 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 AX, ri _. � ... xr .;wee t J � 1 CO fJt I 00 ZNZ 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 g5- 282 h4t.. 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 40, Figure 2. AREA LOCATION MAP K.a F ] Cr itical Wildlife Area 000 Marina ° 1 sa . Miami elh �" a J Seaquarium . ,. VIRGINIA KEY \. 1{eY Biscayne Figure 2 ,..J w� 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. 95- 282 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 95- 282 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 95-- 282 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 95-- 22 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 95- 282 26 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. 95- 282 27 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. 28 95- 282 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 30 �5- 282 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; 32 a5_ 282 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 33 95- 282 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. 95 - 282 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: 38 95_ 282 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. 95- 282 39 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. 40 95- 282 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 AQJ/r9c/pb/ab/8156 L Ckrit j Ow C11Y of tami. Fiend:. h,r ft evnik dw am the % _ stay 4— A. M 14 10 a PvM, owt mid aKM1 I of thv ab•.v amt .S."p"t wdi.*wnev arcs r4wd of the S••ath 13.••r ,4 tit. ra.k C"vaj? Ctwr1 11..r►e ai the pLea rr••w�:.J 1w tawiC:a anJ re:i krthno b,- 3tsxii+1 %JiJ C.-y.r 1-4 ihv Pa v rf4. .d twM�•r. WITp1M nt) kiso the ei:kiyl s�1 �d "id Cks rt«. .•6: w--%hey u.1A1... B-1l. NY Ckrk 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. 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' G G l OCAt101t��� a. I H...4nr.1n I HEREBY tEATlrr: TALI LA. LI I.'"d GO d., fo..y r.l /M YInIN. i.,WW SIr1N6, AA) to Th 6, rlKldalild.l Ill. .7.PI,r11 .,, it IA. flKld rAd.l^I,Ir•lr Ib/�pIK ([pWpO l 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 —3— t_194