HomeMy WebLinkAboutR-95-0414J-95-464
5/ 25/95 r
RESOLUTION Nd)
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP") ON MAY
30, 1995, IN SUBSTANTIALLY THE FORM ATTACHED, FOR A
UNIFIED DEVELOPMENT PROJECT ("UDP") CONSISTING OF
THE DEVELOPMENT OF A BOATYARD FACILITY, AND
OPTIONAL ANCILLARY MARINE -RELATED RETAIL AND
RECREATIONAL USES ON APPROXIMATELY 6.632 ACRES OF
CITY -OWNED WATERFRONT PROPERTY LOCATED AT 3501
RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI,
FLORIDA, AS REQUIRED BY CITY CHARTER SECTION 29 A(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 of improvements; and
WHEREAS, on April 27, 1995, pursuant to Resolution No. 95-290, the City
Commission determined that the development of a boatyard facility and optional ancillary
marine -related retail and recreational uses, on approximately 6.632 acres of City -owned
waterfront property, located at 3501 Rickenbacker Causeway, Virginia Key, Miami,
Florida, would best be accomplished using the UDP process; and
ATTACHMENTS
CONTAINED
CM COMESSIon
MEETING OF
MAY 2 5 1995
Resolution No.
1 I
WHEREAS, pursuant to the aforementioned Resolution, it was determined that
said UDP for a boatyard facility and optional ancillary marine -related retail and
recreational uses, shall consist of an integrated package from the private sector that
includes planning, design, construction, leasing and management of the proposed
improvements; and
WHEREAS, Resolution No. 95-290 further authorized the City Manager to
prepare a Request For Proposals ("RFP") and scheduled a public hearing for May 25,
1995, at 10:00 a. in. to consider the contents of the RFP; and
WHEREAS, City Charter Section 29 A(c) authorizes, at the conclusion of the
public hearing, if the City Commission is disposed to proceed, 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 one of members of the public whose names shall be recommended by
the City Manager;
WHEREAS, the City is now seeking qualifications from certified public
accounting firms and a selection will made at a later date; and
WHEREAS, the appointment of members to a review committee will be made at
the time the City Commission is requested to select the certified public accounting firm;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
- 2 -
95` 414
Section 1. The recitals and findings set forth 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 City Manager is hereby authorized to issue an RFP on May 30,
1995, in substantially the form attached, for the Unified Development of a boatyard facility
and optional ancillary marine -related retail and recreational uses on approximately 6.632
acres of City -owned waterfront property located at 3501 Rickenbacker Causeway,
Virginia Key, Miami, Florida.
Section 3. This Resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this 25th day of May , 1995.
ATTEST:
WALTER J. Fqjtt AN. CITY CLERK
PREPARED AND APPROVED BY:
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Cam- _�-'��
INDA K. KEARSON
ASSISTANT CITY ATTORNEY
W 1 O 1:csk:LKK
STEPUEN P. CLARI<MAYOR
APPROVED AS TO FORM
AND CORRECTNESS:
- 3 - 95~
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HERBERT J, BAILEY �,' +`6 Q CESAR H, 01310
Assistant City Manager City Manager
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July 14, 1995
Notice to Prospective Proposers:
ADDENDUM / CL,ARIFICATION
Reference: Request for Unified Development Proposals for the Virginia Key Boatyard issued May 30,
1995, due on August 30, 1995..
Please be advised that the following sections of the RFP have been modified or corrected as indicated.
Section II. G. "Taxes", has been corrected as follows in order to comply with the City Commission approval
for issuance of the RFP:
G. Taxes
Excerpt from City Charter Section 29-A, subparagraph (E) 2: "All persons contracting with the
City under this section shall be obligated to pay whichever is the greater of the following: (i) all
applicable ad valorem taxes that are lawfully assessed against the property involved, or (ii) an
amount to be paid to the City equal to what the ad valorem taxes would be if the Property were
privately owned and used for a profit -making purpose. Such taxes shall not be credited against any
revenue accruing to the City under any contract that may be awarded under this section." However
�f advalorem + on at n greater- than 4t�n_._estimated annual rt twc f
�a�`i�u�u'�f]. zuni�-n�� u� amount
$65, /v 3 (see below" as a result of the extent and quality of ,
i
The City of Miami is required•by Charter to collect any and all applicable ad valorem taxes and does not
have any flexibility in relation to this requirement. The above referenced sentence in the RFP document
was a portion of a proposed change to the draft RFP that was not approved by the City Commission for
issuance, however, because of a scriveners error, it remained in the final document. _
DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER to
300 Biscayne Boulevard Way, Suite 400-401/Miami, FL r� 33131 9 % �
DEVELOPMENT DIVISION (305) 579-3366 / HOUSING DIVISION (305) 579-3336/Teleco pier: (305) 371-9710
Section II. F. "Financial Return to the City", has been corrected as follows in order to comply with the City
Commission approval for issuance of the RFP:
F. Financial Return to City
Proposers are advised that the above listed percentages are the minimum required for proposal
submissions and will be subject to negotiated increases in the final lease terms, depending on the
extent and quality of improvements proposed. The estimated costs of the improvements(per the
appraisals. see Section II. E.) for this project are $1.500.000, If the ptopo er invests in excess of
this estimated cost the City will consider the deferment of not more than 30% of the minimum
annual base lease payment for a period not to exceed ten (10) years to offset a portion of the
additional debt service costs All deferred Payments if any, shall be fully paid within ten (10) years
of the execution of the lease agreement The deferred payment amount is subject to charges of
market rate interest for the duration of the deferment. per City Commission directive.
i
Section IV. K. "Minority Participation", has been corrected/modified as follows per City of Miami
Commission directive:
K. Minority Participation
All firms/sole proprietors seeking to participate as M/WBE's aidet-a� must be certified with
the City's minority/women business program shall and meet all requirements of the above cited
Ordinances prior to the submission of a proposal. Speedally, surer NPALBE's shall not have a net
Iwei4h in exeess of $2,000,000
NVALBBE eei4ifiid-,-entities elaimT.,rt TVWBE status ,t r-ey de proof that they moot
exts. 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.
* Words stFUGIE-thmugl3 are deleted and words uble underlined are added to the original RFP language.
If you have any questions regarding this matter please contact Mr. Allen of my staff at (305) 579-3366,
thank you for your cooperation.
rely,
ack ft
Dire or
OM Development
95- A-ld
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�G1VY OF �?9
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REQUEST FOR
UNIFIED DEVELOPMENT PROPOSALS
FOR
THE VIRGINIA KEY BOATYARD
3501 RICKENBACKER CAUSEWAY
MIAMI, FLORIDA
ISSUED: May 30, 1995
CITY OF MIAMI
Stephen P. Clark, Mayor
J.L. Plummer, Jr., Vice Mayor
Victor H. De Yurre, Commissioner
Wifredo (Willy) Gort, Commissioner
Miller J. Dawkins, Commissioner
Cesar H. Odio, City Manager
A. Quinn Jones III, City Attorney
Prepared by:
Department of Development & Housing Conservation
Development Division
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 579-3366
Proposals Due: 2:00 p.m. Wednesday, August 30,1.995
95- 414
REQUEST FOR
UNIFIED DEVELOPMENT PROPOSALS
FOR
3501 RICKENDACKER CAUSEWAY
MIAMI, FLORIDA
ISSUED: May 30, 1995
CITY OF MIAMI
Stephen P. Clark, Mayor
J.L. Plummer, Jr., Vice Mayor
Victor H. De Yurre, Commissioner
Wifredo (Willy) Gort, Commissioner
Miller J. Dawkins, Commissioner
Cesar H. Odio, City Manager
A. Quinn Jones III, City Attorney
Prepared by:
Department of Development & Housing Conservation
Development Division
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 579-3366
Proposals Due: 2:00 p.m. Wednesday, August 30, 1995
CESAR H. ODIO "14 °.,ATO *J P. O. BOX 330708
CITY MANAGER �� MIAMI, FLORIDA 33233-0708
������' 305 - 250 -5400
- FAX 305-285-1835
May 30, 1995
Ladies and Gentlemen:
Thank you for your interest in the Unified Development of a boat yard facility, and optional
ancillary marine -related retail use on approximately 6.632 acres of City -owned, waterfront
property located at 3501 Rickenbacker Causeway, Miami, Florida.
Enclosed is the City of Miami's Request for Proposals (RFP) which contains detailed and
specific information regarding the parcel of land contemplated for development, the uses the City
is seeking, the submission requirements and selection procedure pertinent to this Unified
Development Project.
Responses to this RFP are due no later than 2:00 p.m., Wednesday, August 30, 1995. The
City retains the option to require a more extensive and detailed submission prior to final selection
of a developer should the selection process warrant a second stage review, as well as the right to
reject all proposals at any time prior to entering into a lease agreement as contemplated by the
RFP.
Please carefully review all of the enclosed documents. Proposals must comply with all
requirements of the submission detailed in the RFP to be eligible for consideration. All
information and material submitted will be carefully analyzed and independently verified.
In accordance with the City Charter and Code sections for Unified Development Projects, any
proposal deemed to be non- responsive or not responsible by not substantiating the financial
capability of a selected proposer, or not meeting the minimum requirements of this RFP at any
time prior to the completion of the Unified Development Project process and the signing of a
lease agreement, may be rejected. In making such determination, the City's consideration shall
include, but not be limited to the proposer's experience, capability of the development Entity, the
dollar amount return offered to the City, the proposer's financial qualifications, the overall design
of the proposed development, the extent of minority participation, and the evaluation by the City
of all information submitted in support or explanation of the proposed development of the
property.
May 30, 1995
Page Two
Furthermore, until such time as a lease agreement is executed, the selected proposer shall not
M" have any vested rights, nor title, or interest in the Property or to the development proposed
thereon.
Proposals must present a definitive development program, completion schedule, financial
strategy, and management plan respecting all requirements of this Request for Proposals to form
the basis for selection by the City.
No additions or modifications may be made to the proposals and the Entities they represent
subsequent to the submission deadline. New and/or current personnel who are not identified in
the proposal may not be introduced as part of the proposing Entity subsequent to the submission
deadline.
Contact with the City, except for public hearings and presentations, regarding this RFP or any
aspect of a proposal by a proposer or any representative of a proposer shall be limited to the City
Manager or his designee, Herbert J. Bailey, Assistant City Manager, until such time as the
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 proposer's in the form of an addendum.
The City will conduct a Proposal Pre -Submission Conference on Tuesday, June 20, 1995,
10:00 a.m., at the Department of Development offices to explain the requirements of this RFP
and provide an opportunity for prospective proposer's 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 proposer's are invited to attend.
Proposals must be delivered to Walter I Foeman, City Clerk, (First Floor Counter), City Hall,
3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m. Wednesday, August 30, 1995. A
list of proposer's will be made public on that day.
Sincer ,
i
Cesar H. Odio
City Manager
f
TABLE OF CONTENTS
I. PUBLIC NOTICE................................................................................................I
II. OVERVIEW
{ A. Introduction..................................................................................................2
B. Location and Characteristics........................................................................4
Figure 1. Regional Location Map..............................................after page 4
Figure 2. & 2A Area Location Maps.........................................after page 4
C. Site Description............................................................................................4
Figure 3. Site Location Map......................................................after page 4
Figure 4. Utilities.......................................................................after page 4
D. Appraised Value...........................................................................................5
E. Lease Term...................................................................................................5
F. Financial Return to the City..........................................................................6
G. Taxes............................................................................................................6
H. Zoning.........................................................................................................7
Figure5. Zoning........................................................................after page 7
Figure 6. Property Annexation ..................................................after page 7
I. Unified Development Proposal Selection Process.........................................8
J. Unified Development Schedule.....................................................................9
III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS
A. Declaration as a Unified Development Project..........................................10
B. Commitment of Funds................................................................................10
C. Commitment of Property............................................................................I I
D. Commitment of Services............................................................................12
12
E. Execution of Contracts................................................................................
F. Right of Termination...................................................................................12
�1
IV. PROPOSAL DEVELOPMENT REQUIREMENTS
A. Development Objective..............................................................................13
B. Use..............................................................................................................13
C. Proposed Site Improvements......................................................................15
Figure 7. Powerboat Racing Pit Area........................................after page 15
D. Permitting and Licensing............................................................................16
E. Estimated Construction Cost.......................................................................17
F. Financing Strategy.......................................................................................17
G. Development Schedule...............................................................................18
H. Composition of the Development Entity....................................................18
I. Development Proposal Contents..................................................................20
J. Method of Operation....................................................................................2
K. Minority Participation.................................................................................22
a
TABLE OF CONTENTS
(Continued)
V. PROPOSAL SUBMISSION REQUIREMENTS
A. Submission Procedures...............................................................................23
VI. EVALUATION CRITERIA
A. Initial Review.............................................................................................24
B. Review Committee Evaluation...................................................................25
C. CPA Firm Evaluation.................................................................................28
VII. TERMS AND CONDITION TO BE INCLUDED IN THE LEASE
AGREEMENT..............................................................................................29
APPENDIX A. City of Miami Charter and Code Sections
APPENDIX B. City of Miami Minority and Women Business
Affairs and Procurement Program
(Article IV.5., Sections 18-67 - 18-77
of the Code of the City of Miami)
Ordinance No. 10062 and No. 10538
APPENDIX C. Virginia Key Master Plan (selected excerpts)
APPENDIX D. DERM determination for number of allowable slips
EXHIBIT I. Sketch of Survey (includes Legal Description)
EXHIBIT II. Declaration, Professional Information, and
Financial Disclosure Forms
EXHIBIT III. Minority Participation Forms
N.-
I. PUBLIC NOVICE
The City of Miami is seeking Unified Development Project Proposals for the improvement or
development of a boat yard facility, marina, and optional ancillary marine -related retail use on
approximately 6.632 acres of City -owned, waterfront property located at 3501 Rickenbacker
Causeway, 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 5.625 upland acres and 1.007 acres baybottom contiguous
to Biscayne Bay (the Marine Stadium basin).
All proposals shall be submitted in accordance with the Request for Proposals document (RFP)
which may be obtained from the City of Miami Department of Development and Housing
Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, (305) 579-3366.
This document contains detailed and specific information regarding the parcel of land
contemplated for development, the uses the City is seeking, the submission requirements and
selection procedures pertinent to this Unified Development Project.
The City will conduct a Proposal Pre -Submission Conference on Tuesday, June 20, 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 a tour of the existing facility immediately following the
conference for those who wish to attend.
Proposals must be delivered to Walter J. Foeman, City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33131 by 2:00 p.m., Wednesday, August 30, 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. 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 to the development proposed thereon.
Cesar H. Odio
City Manager
i
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 boat yard facility. Proposals may include
ancillary marine -related retail uses and services. The property located at 3501 Rickenbacker
Causeway, Miami (the "Property"), is comprised of a total land area of 6.632 acres (5.625 acres
upland and 1.007 acres submerged baybottom).
On April 27, 1995 the City Commission adopted Resolution No. 95-290 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 May 25, 1995, the City Commission adopted Resolution No. 95-414 authorizing the
issuance of this Request for Proposals (the "RFP") on May 30, 1995, as required by the City
Charter and Code sections regarding UDP's. Pertinent legislation referenced herein is included in
Appendix A. The City Commission shall, at a later date, appoint members to a selection review
committee and select a Certified Public Accounting firm to evaluate proposal submissions and
report findings to the City Manager as further 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 redeveloped, 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) and 29-B of the City Charter included herein for reference in
Appendix A.
The City will conduct a Proposal Pre -Submission Conference on 'Tuesday, June 20, 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. A guided tour of the existing
facility, conducted by staff of the Department of Development, will take place immediately
following the Pre -Submission conference, for those who wish to attend.
2
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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., Wednesday, August 30, 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 meeting the
minimum requirements of this RFP at any time prior to the completion of the Unified
Development Project evaluation process and the signing of a lease agreement, may be rejected.
In making such determination, the City's consideration shall include, but not be limited to, the
proposer's experience, capability of the Development Entity, the dollar amount return offered to
the City, the proposer's financial qualifications, the overall design of the proposed development,
the extent of minority participation, and the evaluation by the City of all information submitted
in support or explanation of the proposed development of the Property. Furthermore, until such
time as a lease agreement is executed, the selected proposer shall not have any vested rights, nor
title or interest in the Property or to the proposed development thereon.
The information contained in this R.F.P. is published solely for the purpose of inviting
prospective proposers to consider the development described herein. Prospective proposers
should make their own investigations, projections, and conclusions without reliance upon the
material contained herein. Any lease executed pursuant to this R.F.P. will contain a provision
which will at a minimum provide:
I to m- . M 5.•�•
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.
3
B. Location and Characteristics
The Property to be developed is located on Virginia Key, a 1000 acre island, one and one half
miles east of the City's mainland, as shown in Figure 1. "Regional Location Man" and Figure 2.
"Area Location Map", Virginia Key is entirely publicly owned and consists of diverse natural
and man-made environments ranging from mangrove forests to regional tourist marine
attractions, a public high school, rowing clubs and public beaches. Adjacent to the Site is Marine
Stadium, a 6600 seat grandstand facility for staging of marine shows, concerts and boat races.
The island is directly accessed from Interstate 95 and U.S. Highway 1 on the mainland four miles
to the west by Rickenbacker Causeway, a four lane, median divided toll roadway.
Along Rickenbacker Causeway one mile to the southeast of the Property is Key Biscayne, an
island known for its large regional public recreational beaches and parks and the community of
Key Biscayne.
C. Site Description
As shown in Figure 3. "Site Location Map," the Property is bordered on the east by Marine
Stadium, on the north by the Marine Stadium Basin waterfront, on the west by Rickenbacker
Marina and on the south by a parking lot and Rickenbacker Causeway.
The total acreage of the property is 6.632 acres, with approximately one (1) acre of baybottom,
the legal description of which is shown on the Sketch of Survey included as Exhibit I.
Existing Facilities:
Existing property improvements are also shown on the Sketch of Survey included as Exhibit 1.
Existing facilities include:
o Office and marine repair /retail structure of approximately 4000 square feet of enclosed
floor area.
o Restaurant concession consisting of approximately 4000 square feet of outdoor deck
dining area and 2000 feet of enclosed kitchen and dining area.
o Boat ramp
o approximately 290 dry rack slips (existing rack structures are included in this leasehold
offering)
o 2,000 gallon fuel storage tank (single wall) with dispenser.
The site and structures are currently served by water, sanitary sewer, electric, and telephone
utilities. The accompanying map, Figure 4, Utilities provides a general schematic layout of
utility lines serving the site. Underground sheets are available from the City Public Works
Department providing detailed plans of all underground utility installations.
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Figure 1
VIRGINIA KEY BOATYARD
Regional Location
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Figure 2
VIRGINIA KEY BOATYARD
Area Location
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Area Location Map
Figure 2 A
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LASON SYSTEM'S INC.
6954 N.W. ] 2 STREET, MIAMI, FLORIDA 33126
305-477-9149 •800-287-4799 • FAX 305-477-7526
condition
FC 017
The facility is bordered to the west by a wet slip marina and dry -rack storage boatyard and the
Rusty Pelican restaurant.
East of the Property is the Miami Marine Stadium, a 6,600 seat amphitheater facility for marine
events and concerts, the Miami Rowing Club and the recently developed Dade County Marine
Science and Technology (MAST) High School.
The Seaquarium, a 30 acre marine entertainment park, lies one half mile to the southeast on the
south side of Rickenbacker Causeway.
The Property and facilities will be open for inspection to prospective proposers by appointment
only. Contact Eduardo Rodriguez, Director of Asset and Grants Management, at telephone (305)
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.
The first appraisal of the Property, conducted on April 26, 1995, resulted in the following: da
estimated land market value of S1.140.000 and a recommended annual minimum guarantee
base rent QL S114.$00 (plus real estate taxes) or 11 % of gross revenues Ar dry rack storage
whichever is greater.
The second appraisal of the Property, conducted on April 28, 1995, resulted in the following: —r
estimated land market value of S2,800.000 and a recommended annual minimum guaranteed
base rent of $240, 000 (plus real estate taxes) or 10% of gross revenues for dry rack storage
whichever is g er ater•
The appraisals are available for public inspection by appointment only. Contact Eduardo
Rodriguez, Director of Asset Management for an appointment at 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 up to thirty (30) years, with two (2) options to
extend for a period of five (5) years each provided the lessee is not in default.
5
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F. Financial Return to the City
Minimum annual lease payments shall be the greater of $180,000 (which may be adjusted
annually subject to Consumer Price Index increases over the lease term) OR the combined
minimum percentages of gross revenues as follows: 10% of gross boatyard revenues, 7% of
gross retail sales including fuel and commercial sublease revenues, and 7% of gross prepared
food and beverage sales.
Proposers are advised that the above listed percentages are the minimum required for proposal
submissions and will be subject to negotiated increases in the final lease terms, depending on the
extent and quality of improvements proposed. The estimated costs of the improvements (per the
appraisals see Section II E) for this project are $1.500.000 If the proposer invests in excess of
this estimated cost, the City will consider the deferment of not more than 30% of the minimum
annual base lease payment for a period not to exceed ten (10) years to offset a portion of the
additional debt service costs All deferred payments. if any, shall be fully paid within ten (10)
y= of the execution of the lease agreement.
G. Taxes
Excerpt from City Charter Section 29-A, subparagraph (E) 2: "All persons contracting with the
City under this section shall be obligated to pay whichever is the greater of the following: (i) all
applicable ad valorem taxes that are lawfully assessed against the property involved, or (ii) an
amount to be paid to the City equal to what the ad valorem taxes would be if the Property were
privately owned and used for a profit -making purpose. Such taxes shall not be credited against
any revenue accruing to the City under any contract that may be awarded under this section."
However, if ad valorem taxes are assessed at an amount greater than the estimated annual
property tax of $65,703 (see below) as a result of the extent and quality of improvements, the
proposer will be given flexibility to negotiate such increased tax liability in the final lease terms.
Estimated Current Ad Valorem Taxes
Assuming an estimated appraised land value of $1,140,000 (see section II. D. Appraised Value),
and an estimated project improvement cost of $1,500,000, the total assessed value (land and
improvements) would be estimated at $2,112,000 [80 percent of total estimated appraised value].
The resulting estimated annual property tax, based on a 1994 millage rate of 31.1095, would be
$65,703. The above estimates are for illustrative purposes only. Ad valorem taxes, if assessed,
will depend on the value of the proposed improvements
6
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H. Zoning
Pursuant to the City of Miami Zoning Code, the Property is zoned C-1 -Restricted Commercial,
as described in the official City of Miami Zoning Code and described on Figure 5. Zonina. As of
November 11, 1994 this property, along with the Miami Marine Stadium property to the east,
was annexed by the City of Miami, as shown in Figure 6 Property Annexation, amendments to
the City Master Plan and Zoning Atlas are currently in process to establish the C-1 district for the
property. This classification covers the following allowable uses including but not limited to:
a) outdoor boat racks
b) outdoor boat and boat trailer storage
c) boat hoist
d) boat ramp
e) fueling services
f) general repairs and servicing of boats
g) concession restaurant with outdoor patio area
h) sale of marine hardware and supplies
i) launching services of all kinds
j) sale of new and used boats and motors
k) rentals of motorized and sail craft, including jet skis
1) sale of nautical gifts and sundries
m) other related services
All prospective proposers must ensure that their proposed development complies with all
applicable zoning laws. For details of allowable uses and applicable requirements of the C-1
zoning district, refer to the City of Miami Planning, Building and Zoning Department at 275 NW
2nd Street or phone 579-6086.
9 5, -- 4 .4 4
Zoning Figure 5
m
1 1. qw I'
AREA OE. CITY
-7..ANNEXAT IOX
N&VOlibielr4l, 1
Prior City tilt Ul4b
Present -City "
I. Unified Development Proposal Selection Process
The proposal selection process is set forth in Section 29-A(c) of the Charter of the City and
Section 18-52.9 of the Code of the City and provides as follows:
1. Solicitation of development proposals from qualified developers.
2. Initial review of proposals received in response to the RFP by City staff, to determine
compliance with RFP minimum submission requirements in accordance with the guidelines set
forth herein in Section VI.A.
3. Evaluation of responsive proposals by a Certified Public Accounting firm in accordance with
criteria specified herein in Section VI.C.
4. Evaluation of responsive proposals by a Review Committee appointed by the City
Commission in accordance with criteria specified herein in Section VI.B.
5. Independent report of findings and recommendations submitted to City Manager by CPA firm
and Review Committee.
6. City Manager recommendation to the City Commission of one or more of the proposals,
based on the findings of the CPA firm and recommendations of the Review Committee, or
alternatively, the City Manager's recommendation that all proposals be rejected.
7. City Commission acceptance/rejection of City Manager's recommendation.
8. City Commission authorization to negotiate lease agreement with the selected proposer whose
proposal is determined most advantageous to the City by the City Commission.
9. Negotiation of lease agreement between the City and the selected proposer.
10. City Commission authorization to execute the negotiated lease agreement with the selected
proposer. (The selected proposer shall have no vested rights, nor title or interest in the Property
or to the development proposed thereon until such time as a lease agreement is executed.)
11. Execution of lease agreement between the City and the selected proposer.
8
I. Unified Development Schedule (Anticipated)
Issuance of the RFP
Tuesday, May 30, 1995
Proposal Pre -Submission Conference
Tuesday, June 20, 1995
Location: Dept. of Development
10:00 a.m.
300 Biscayne Blvd. Way, Suite 400
Miami, Florida
Proposal Submission Deadline
Wednesday, August 30, 1995
Location: Office of the City Clerk
2:00 p.m.
(First Floor Counter)
Miami City Hall, 3500 Pan American Drive
Dinner Key, Miami, Florida
Initial Review of Proposals
September, 1995
Review Committee Meeting(s)
September, 1995
Review Committee Meeting(s): CPA Firm
September, 1995
Presentation of its Findings to the Committee &
Interviews with Qualified Proposers
Recommendation from the Review Committee
September, 1995
and CPA Firm to the City Manager
Recommendation from the City Manager to the
September, 1995
City Commission for Selection of One or More
Proposals and Authorization to Negotiate Lease
or Rejection of all Proposals and, if necessary,
Scheduling of Referendum Ballot Item
Begin Lease Negotiations with Selected Proposer
October, 1995
Referendum of Voters (if necessary)
November, 1995
,
City Commission Authorization to Execute
December, 1995
Negotiated Lease
Execution of Lease
December, 1995
1
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d.
III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS
{ In accordance with City Charter Section 29-A(c) and 29-B and City Code Section 18-52.9,
incorporated herein by reference and included in Appendix A, the legal requirements for UDP's
include:
A. Declaration as a UDP
i
The City Commission determined and declared by Resolution that for the development of
1 - r 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
1 (4) planning and design, construction, leasing and management from a private entity.
On April 27, 1995, the City Commission adopted Resolution No. 95-290 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.
D. 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 UDP/RFP.
10
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Upon execution of the lease agreement, the selected proposer shall be required to furnish the City
with a Performance and Payment Bond in the amount equal to the total estimated cost of the
PROJECT improvements, but not less than $1,000,000 as stated in section IV.E. of this RFP. In
addition, upon execution of the lease agreement the selected proposer shall be required to furnish
the City a security deposit equal to the one half (50%) of the first year's negotiated minimum
rent.
Submission of the proposal shall include an Irrevocable Letter of Credit in the amount of
$X 00,000 for development of the boatyard facilities. The letter of credit shall be subject to the
approval 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 and may be
obtained from the Department of Development.
The City will enter into a lease agreement for the Property with the selected proposer. (Refer to
Section II.E.) The term of the lease agreement to be entered into between the selected proposer
and the City shall be a maximum of up to thirty (30) years. With two (2) options to extend for a
period of five (5) years each provided the lessee is not in default. The lease agreement shall be
structured to provide the City with a minimum guaranteed annual rent or a percentage of gross
i
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.
�° 55 — 4 �� ,
U. Commitment of Services
All City services such as police and fire protection, which are routinely provided to any private
development within the City, shall be provided to the selected proposer by the City.
The City possesses a substantial amount of clean fill material suitable for elevating proposed site
improvements that is available on Virginia Key within two miles of the Property. Subject to the
design and development requirements of the selected proposal and negotiation of the terms and
conditions of the lease, the City will make available, subject to the negotiated lease terms, such
- fill as may be reasonably needed to accomplish the Project improvements.
E. Execution of Contracts
The lease agreement for the property shall be signed by the City Manager or his duly authorized
designee after approval thereof by the City Commission. The selected proposer shall not have
any vested rights, nor title or interest in the property or to the development proposed thereon,
until such time as the leasehold agreement is executed.
E. Rieht of
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 UDPs shall entitle the City Commission to terminate the contract after a public hearing. Prior
to such public hearing, the Commission shall seek and obtain a report from the City Manager and
from the Review Committee that evaluated the proposals for the project, concerning the
advisability of exercising that right. The City shall have no liability with regard to the exercise
of such right and the selected proposer shall bear all of its own costs with respect thereto.
As required by subsection (e) (4) of Charter Section 29-A (c), "substantial increase" shall be
defined as a 10% or more increase to the City's proposed commitment of funds, property and/or
services and "material alteration" shall be defined as failure to comply with all aspects of the
proposal except as specifically permitted in writing by the City Manager.
12
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.� IV. DEVELOPMENT PROPOSAL REQUIREMENTS
Respondents to this RFP are advised that the following factors m= be addressed in the
proposals and will be critically evaluated. Additionally, proposals shall include a market
analysis of all development components to assess the economic feasibility of the proposed
development.
A. Development Objective
Proposals must meet the City's development objective of compatible public/private utilization of
the Property. Proposals must preserve, provide and maintain full marine boat yard services for
j the boating community, and enhance public access to and enjoyment of the Biscayne Bay
waterfront at Virginia Key.
Aesthetics of the development will be an important consideration in the evaluation of proposals.
Whether a proposal is to refurbish and expand existing facilities or to build new facilities, the
City expects the improvements to respect the local environment and be responsive to the
' waterfront setting. Of special concern is the view of the boat rack storage facilities from the
waterfront and from Rickenbacker Causeway and proposed landscape treatment to screen such
views.
The principal use of the Property shall be a dry rack storage boat yard facility. Ancillary uses of
the facility include marine -related retail space, restaurant and convenience services for
recreational boat users as options. All uses provided for shall be non-exclusive uses. Please note
that the City reserves the right to review and approve any subleases that may arise from this RFP
and a clause to that effect may be included in the lease agreement. Any additional proposed or
butable-to sucV uses.
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(a) Principal Use
(i) Boat Yard Facility
A boat yard facility which offers boat hauling, dry rack storage of up to 296 vessels (or the
maximum permitted by law), cleaning, minor repair and basic maintenance services for
recreational boats. Minimum or maximum boat sizes and weights are not limited by this RFP,
but will be affected by local water depths.
Proposers are advised that improvements to be made to the existing boat yard and rack storage
facilities must comply with current Federal, State and local code requirements including life
safety needs and any other applicable regulations.
(b) Ancillary Uses
(i) Optional Marine -Related Retail Space and User Convenience Services
Proposals may include as ancillary uses to the principal use of the premises a maximum of 6,000
sq. ft. of retail space to provide marine -related retail services, Marine -related retail space may
include, but not be limited to such activities as a ships store, marine parts shop, marine
electronics shop, yacht brokerage, boat dealers, fishing supplies, marine apparel, windsurfing
rentals and sales and scuba diving equipment shop.
Jet Ski rentals (currently existing) will be permitted. Proposers are advised that long term use of
the stadium basin waters for jet skis may be inconsistent with recent Dade County imposed bans
on jet ski use in surrounding Biscayne Bay waters due to jet ski conflicts with recreational
boaters, swimmers, windsurfers, manatees and the adjacent Virginia Key Critical Wildlife
Preserve. The City may at any time impose a ban on jet ski use of the Marine Stadium basin and
with 90 days notice, terminate all rentals or sales of jet skis on the subject property.
Up to a maximum of 3,000 sq. ft. of convenience market food and beverage sales (packaged, not
prepared) will be permitted.
Fuel storage and pumping facilities for servicing the general boating public will be permitted.
(ii) Prepared Food Concession
A prepared food concession of up to 10,000 square feet in combined indoor and outdoor floor
area will be permitted (in addition to the above described 6,000 square feet of permitted retail
space). It is desirable that the existing food concession be located adjacent to the shoreline near
the existing public boat ramp.
14
(iii) Public Boat Ramp
Proposers are encouraged to retain the existing ramp for public launching. However, it may be
closed to general public use at the proposer's option. The successful proposer may, contingent
upon Commission approval, seek to charge a fee for the use of the boat ramp.
(iv) Boat Racing Events (Marine Stadium) - Pit Area
Proposers are advised that the primary use of the marine stadium basin is for the staging of
marine related events, most notably power boat races and other similar uses. In the past these
events have necessitated the use of a portion of the marina site (fronting on the water) and the
protected inlet adjacent to the boatyard facility, directly in front of the existing seawall, for use as
a staging area and pit stop during events. The crews for these vessels require an area to launch
the boats prior to the event and to perform work on them during the race. If the marine stadium
site cannot accommodate this use within its own property, then it will be necessary, during
certain scheduled days of the year, to locate them on the boatyard property along the shoreline.
This use does not preclude the ingress and egress of vessels stored at the boatyard, which will
utilize a dedicated channel parallel to the shoreline. Please review Figure L"Powerboat racing
pit area,'. for more information.
C. Proposed Site Improvements
The proposal must schematically describe all proposed improvements to the Property including
site improvements, structures and the general uses pertaining thereto. All proposed
improvements, including those to existing structures, must comply with all applicable local, state
and federal codes and ordinances.
The design of new structures must be aesthetically harmonious with the subtropical climate of
South Florida and natural environment of Virginia Key and will be critically evaluated in the
selection process
A schematic landscape plan shall be submitted identifying areas of proposed new plantings -
accompanied by a typical landscape materials list.
Roofing of all storage racks for protection of stored vessels, and siding to visually screen the
racks is considered desirable. All proposals which include plans to construct new structures must
comply with the view corridor and public access requirements as set forth in the Section 3 (mm)
of the City Charter included herein for reference in Appendix A.
Parking Code Requirements - The proposed development plan must identify and comply with
all parking requirements of the City of Miami zoning code. Required on -site parking and service
areas shall be organized, appropriately landscaped, and screened from surrounding streets and
adjacent property.
15
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34
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Proposals shall also include a compatible, safe and effective pedestrian and vehicular circulation
system to service the proposed development.
Layout of rack structures for boat storage shall be given particular attention to optimize the
efficient use of the site, minimize fork lift equipment conflicts with other vehicular and
pedestrian traffic and public usage of the boat ramp, and provide minimum travel distances for
hauling of boats.
All site improvements must comply with all applicable code requirements. All signage shall be
reviewed and approved by the Department of Development and Housing Conservation.
Proposers will be responsible for acquiring all required permits and approvals.
No permanent wet slips or overnight docking of vessels will be permitted, unless otherwise
permitted by law. Floating docks to facilitate public access and launching of stored vessels will
be permitted. Transient wet slips for the use of a proposed restaurant, if applicable, will be
permitted, and will count against the total number of allowable slips as permitted by DERM.
D. Permitting and Licensing
The selected proposer shall be at his or her sole cost and expense responsible for acquiring all
required permits, licenses and approvals from, including but not limited to, the City, the State of
Florida, Metropolitan Dade County, and public utilities. The City will assist through expedited
review procedures, if applicable.
(a) City Annexation of Property - On November 1, 1994, the Dade County Commission
adopted Ordinance 208-94 annexing certain lands on Virginia Key to the City of Miami by
changing the municipal boundaries of the City to include the entire stadium and parking lot areas
of the site, heretofore outside the City's municipal limits (see following Exhibit 8 - Property
Annexation). The Proper as Q.&red in this RFP is now entirely within the City corporate
limits and subiect to building and zoning neT rmitting bY the City of Miami. The City is
amending the City-wide Miami Comprehensive Master Land Use Plan and accompanying
Zoning Map to reflect the historical and proposed boatyard, restaurant and recreational use of the
annexed site.
(b) Developments of Regional Impact - The City makes no representations and has no analysis
or information as to whether the development contemplated by this RFP is a Development of
Regional Impact (DRI) as defined by F.S. Section 380.06. If a governmental agency determines
that the proposed development is subject to Development of Regional Impact review and
procedures (or a successor law or similar law), the selected proposer shall be solely responsible
for applying for all authorizations and applications required by law, at the proposer's sole cost
and expense.
16 `-j
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(c) DERM_ Regulations - Proposers are herein alerted to certain provisions of the Dade County
Interim Boating Facility Expansion Guidelines which state that "New construction or expansion
of multi -family or commercial powerboat docking facilities (including dry storage) is prohibited,
unless the permit applicant can clearly demonstrate that the docking facility and the operation of
boats using the facility will not adversely impact the manatee or its habitat on an individual or
cumulative basis or unless the applicant proffers a covenant restricting the usage of all slips to
sailboats."
Metropolitan Dade County, Department of Environmental Management (DERM) has determined
the maximum number of existing powerboat slips that could be currently allowed at the Property
under the Interim Boating Facility Expansion Guidelines in conjunction with the issuance of a
Class I Permit is 296 dry rack slips.
(d) Impact t Fees - The City of Miami will exempt the successful proposer from imposition
of its development impact fees for the project. It is the responsibility of the proposer to
determine, based upon the proposed development scheme and all uses for the Property, the full
extent of all impact fees to be assessed by other governmental jurisdictions. The City will assist
the selected proposer in securing the most equitable assessment of such impact fees as may be
required for the final approved project, taking into full account any and all credits available for
historical use of the site.
E. Estimated Construction Cost
The proposal must include a detailed construction cost estimate for tl:e entire proposed
development. The total cost of all improvements shall be not less than one million dollars
($1,000,000). The value of any existing improvements on the site shall not be credited towards
meeting the required one million dollar cost of all improvements. The City is seeking net
added value to the existing property of not less than $1,000,000 in new improvements.
F. Financing Strategy
The proposer shall provide, as part of the proposal, a description of the financing strategy for all
building and site improvements including public spaces and amenities associated with the
development. Prior to the execution of a lease agreement the City will require written evidence
of a firm and irrevocable commitment of all funds necessary to construct, equip and initiate
operation of the proposed Project.
17 95— L, 14
G. Development Schedule
The City will require development of proposed improvements to commence within three months
from the transfer of the leasehold Property to the selected proposer. The proposal must include a
development schedule which takes into account the commencement date required by the City and
delineates the development of each significant improvement. A termination clause will be
included within the lease agreement to insure reasonable compliance with the proposed
development schedule.
The timetable for completion of the proposed construction will be considered as well as the
proposer's plans and commitment to minimizing the impact of construction on use of the site.
All proposed development must be completed within the time period specified in the schedule in
the proposal. Any and all proposed physical improvements to the property must be completed
within 18 months from the date of transfer of the leasehold Property to the selected proposer.
H. Composition of the Development Entity (Proposing_Entity) & Consultants
Proposals shall include professional qualifications and credentials that demonstrate the
development entity's ability to successfully undertake and complete development of the
Property. The proposal must contain information sufficient to demonstrate the ability of the
development entity and its consultant(s), if any, to plan, design, construct, lease and manage a
boat yard facility with any retail or restaurant use proposed in accordance with the development
program outlined herein in this Section.
The Development Entity is hereby defined as being comprised of the proposing entity (the
legal entity: corporation, joint venture, partnership, one or more individuals) with whom
the City will contract with for the leasehold agreement.
The Development Entity, itself or through its consultant(s), if any, shall substantiate its
experience in all aspects of development and management of boat yard and marina facilities
proposed, subject to compliance with the qualifying criteria specified in Section VI. B 1.
The consultant(s) to the Development Entity, if any, may be one firm possessing all the required
expertise or may be several firms which combined possess all the required expertise.
Consultants may include professional planning and design consultants and sub -consultants,
general contractor and/or construction manager, and operational and management consultant(s).
Consultants and subconsultants may submit with more than one proposing entity. However, the
Development Entity shall only submit as part of one submission and shall not be part of any
other submission in any capacity.
18
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The Development Entity and/or its consultant(s) assembled in response to this RFP shall, at
minimum, demonstrate professional expertise in each of the following disciplines. Copies of
currently active licenses (for both individuals and businesses, as applicable) shall be included in
the proposal:
i
The general contracting or construction management firm shall be licensed as a general
contractor in the State of Florida.
I
Architectural: shall be registered to practice architecture in the State of Florida as
j required by Chapter 481, Part I of the Florida Statutes, Architecture, and shall have
substantiated experience in the design and development of boat yards and marinas;
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 boat yards and marinas;
Landscape Architectural: shall be registered to practice landscape architecture in the
State of Florida as required by Chapter 481, Part II, Landscape Architecture. of the
Florida Statutes;
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 marina and boat yard constructions;
Operations and Management: shall have experience in the operations and management of
boat yards and marinas;
! If ancillary retail uses are proposed as part of the development:
f
Commercial Real Estate Leasing: shall have experience in leasing of marine -related
commercial properties;
Operations and Management: shall have experience in the operations and management of
the proposed marine -related commercial uses.
19
95- d?4
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 proposing entity subsequent to the submission
deadline. Respondents must notify the City in writing immediately of any .firm or individual
presented in its original submission who is unavailable to continue as a member of the proposing
entity. Any such change may result in the removal of the proposal from consideration. All
principal investors of the Development Entity may be subject to a background check by the
Miami Police Department. For the purposes of this RFP, "principal' shall be defined as the
general partners, stockholders owning 5% or more of the corporate stock, and all corporate
officers.
i
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, as well as completed primary
office location affidavit forms included in Exhibit III. For proposal evaluation purposes, the
Review Committee shall award points for local firm participation based on the criteria
established herein. (Refer to Section VI.B.).
I
Exhibit II includes forms soliciting detail 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:
1. Development Plan:
Description of all aspects of the plan
Overall site development
Number of new buildings, if any, and use;
square footage, height
Retail entity square footage and type, if any
Food and Beverage entity square footage, if any
Architectural features
Methods of construction
Number of dry boat storage spaces for powerboats/sailboats
On site parking requirements
2. Illustrative Drawings:
(Prepared by a registered architect licensed to practice in Florida and
board -mounted not to exceed 30" x 40")
20
9 414
k __
._.,
Site Plan-
j Schematic site plan showing use areas by type, vehicular access and
circulation roads, pedestrian pathways, and schematic planting plan
Elevations, sections and floor plans of existing
buildings to be renovated and all proposed new structures
Perspective isometric illustrations are not
required but will be accepted for review.
j Models will not be accepted for rgiew.
3. Schedule of Amenities
i
4. Management and Operations Plan
Proposed Staffing
Marketing Strategy for Event Development
Promotional Plan for Event Booking
5. Market Analysis
6. Completed Declaration, Financial Disclosure and Professional Information forms as
detailed and included herein as Exhibit Il.
7. An annual minimum guaranteed rental payment to the City and percentages of gross
revenues collected.
i
8. A dollar amount to be spent on permanent physical improvements to the Property and
boatyard facilities.
i
9. A schedule including all phases of the development including planning and design,
construction, and operations.
10. Letters of reference from financial institutions documenting the proposer's
ability to finance all aspects of the proposed development.
11. Recent (as of 1994) Financial Statements (audited statements are preferred) for each
principal of the proposing entity. For the purposes of this RFP, "principal" shall be defined as
the general partners, stockholders owning 5% or more of the corporate stock, and all corporate
officers.
12. The required letter of credit.
13. Documentation of the proposer's and Development Entity's past experience in related
development and management.
21
0 41.4
"1
i
j 14. Resumes of key individuals to be involved in the proposed development.
15. Individual Engineers, Architects and Landscape Architects must submit a current
Certificate of Registration or License and corporations or partnerships must submit a current
Certificate of Authorization.
i
16. The organizational structure presented in graphic form depicting the proposing entity
and the professional consultants forming the Development Entity, including the names,
affiliation and addresses of principals. This includes any and all general partners, stockholders
owning 5% or more of the stock, corporate officers, and executives, and top management of the
Development Entity.
17. Completed Minority Participation Documentation forms (Exhibit III), as evidence of
i minority participation pursuant to the goals set forth in the City's Minority and Women Business
Affairs and Procurement Program.
1 18. City occupational license(s) demonstrating the participation of local firm(s) in the
Development Entity or Consultants, and a completed City of Miami "primary office location
affidavit" form.
J. Method of Qneratio-n
The proposal must include a narrative describing the operation of the entire proposed
development. The description shall include an organizational chart, job descriptions of key
positions, brief outline of operating procedures, how and where the development will be
promoted, indication of which businesses are intended to be operated by proposer and which
businesses are intended to be subleased or to be operated under a management contract. If
j independent management services are to be involved, then the applicable forms included herein
as Exhibit Il. to this document must be completed by management contractors.
K. 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.
Minorities are expected to be an integral part of the Development Entity, participate substantially
in construction contracts and jobs, and comprise a significant part of the permanent management
team, as well as all businesses and work force created by the development. For the purpose of
proposal evaluation, significant minority participation in the Development Entity shall be defined
as 30% of the proposing entity with each minority group ( black, hispanic, and female)
comprising not less than 5% each. As evidence of minority compliance, proposers are expected
to complete the applicable forms included in Exhibit III.
22
0E,- / 14
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 fiuther consideration.
A. Submission Pr9cedures
A complete proposal submission package shall be delivered to
the City as follows:
1. One (1) original and fourteen (14) copies of bound proposals in an 8-1/2 x 11 " format
and one set of board- mounted illustrative drawings not to exceed 30" x 40".
2. Proposal submissions must be marked "Unified Development Project Proposal for 3501
Rickenbacker Causeway, Virginia Key, 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.
Wednesday, August 30,1995
5. Proposal submissions must be accompanied by:
A non-refundable cashier's check in the amount of $2,000, made payable to
the City of Miami.
! The time deadline and proposal receipt location will be strictly adhered to by the City. No
proposals shall be received after 2:00 p.m., August 30, 1995 or at any other City office
location, other than the City Clerk's Office (First Floor Counter).
Funds accompanying the proposal submission will be used by the City to cover accrual expenses
for advertising, printing, and mailing incurred by the City in preparing and issuing the RFP.
Expenses incurred in evaluating proposal submissions, in excess of the total amount collected,
shall be reimbursed to the City by the selected proposer upon execution of a lease agreement.
23 QJ P d
VI. EVALUATION CRITERIA
Review procedures and the selection process are set by City Charter and Code of which
applicable excerpts are included in Appendix A. of this document.
At a public hearing held May 25, 1995 the City Commission authorized the City Manager to
issue the RFP. The City Commission, at a later date, shall appoint a review committee from
recommendations submitted by the City Manager and select an independent certified public
accounting (CPA) firm, both to evaluate submitted proposals.
The review committee established by the City Commission at the public hearing, will render a
written report of its evaluation of responsive and responsible proposals to the City Manager. The
' review committee shall evaluate each proposal based on the criteria established herein. The
committee has the authority to recommend one or more, or none of the proposals if it deems
them not to be in the best interest of the City. However, the committee shall have to explain its
reasons for such a 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 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.
24
k__
B. Review Committee Evaluation Criteria
The following specific evaluation criteria and its respective assigned values shall be used by the
review committee for purposes of rating and ranking the proposal submissions:
Criteria Value (Points)
Experience of the proposing entity.................................15
Capability of the Development Entity & Consultants ..... 15
Financial capability of the proposing entity....................15
Financial return to the City..............................................15
Overall design of the proposed development..................15
Management and Operational Plan .................................15
Extent of minority participation......................................10
Local firm(s) narticination..............................................6
Total Maximum Points.................................................106
Proposers are encouraged to have their proposals conform to the following factors which will be
utilized by the review committee in evaluating the proposals:
1. Experience of the Proposing Entity (15 points)
Qualifications and experience of the proposing entity in planning and design, construction,
leasing and management.
Specific experience of the proposing entity in development, design, leasing and
management of boat yard and marina facilities and ancillary types of uses proposed. A
minimum of 5 years marina experience is required.
2. Capability of the Development Entity (15 points)
Composition of the Development Entity; professional qualifications and capability of entity
members, project managers, consultants and subconsultants.
25
14
k --
Architectural/engineering capability and range of experience on similar developments
comparable in scope, complexity, magnitude.
Adequacy of personnel to successfully undertake and complete the development proposed.
General contracting or construction management capability and range of experience on
similar developments comparable in scope, complexity, magnitude.
Good past performance in the administration of other developments and cooperation with
former clients.
Demonstrated ability to meet time schedules and budget.
Qualifications, organization and experience of operational, leasing, management team.
Qualifications and specified experience of project managers, proposing Entity members and
professional consultants in development and management of boat yard and marina
facilities.
Specific experience of the Development Entity in relationship to development and
management of the types of ancillary uses proposed.
3. Financial Capability (15 points)
Demonstrated financial capability of the proposing Entity sufficient to successfully
undertake and complete this development.
Proposing Entity's track record of financing developments comparable in magnitude and
scope to successfully finance this development.
Viability of financing strategy, financing mechanism, and funding sources.
Demonstrated feasibility of all aspects of the proposed development substantiated by a
market analysis.
4. Financial Return to the City (15 points)
Annual lease payment including a guaranteed minimum annual rental payment or a
percentage of gross revenues whichever is greater.
Structure and Term of Lease
Dollar value, extent, and timing of capital improvements.
Any additional financial benefit to the City.
26
9 - �F 1. 4
kf
5. Overall Design of the Proposed Development (15 points)
1
Fulfillment of the City's established development objective.
y
Appropriateness and quality of the design as related to the character of the site and the
Virginia Key waterfront.
Appropriateness and quality of the design of new structures and/or refurbishing of existing
dry rack storage structure and buildings.
Treatment of dry rack boat storage
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,
6. Management and Operations (15 Points)
Effectiveness and efficiency of Staffing plan and sub -leasing strategies.
Effectiveness and efficiency of marketing plan for customer base development.
Viability of proposed financial pro -forma, including income and expenses analysis.
7. Extent of Minority Participation (10 points)
Minority/women participation within the proposing entity.
Minority/women participation within the Development Entity.
Subcontracting and hiring practices during construction.
Opportunities for minorities/women, hiring outreach and training opportunities in relation
to leasing, management, operation and maintenance of facilities
27
. 0 P14
8. Participation of Local Firm(s) (6 points)
Local firm(s) participation shall be defined as a firm having a established business office
within the City municipal limits. The firm shall have a current occupational license issued
by the City.
a. 3 points shall be awarded to a proposal submitted by a local proposing entity.
b. 3 points shall be awarded to a proposal whose Development Entity consists of local
consultants in the design, general contractor, management and operations fields.
C. CPA Firm Evaluation Criteria
The certified public accounting firm selected by the City Commission will evaluate each
proposal submission prior to evaluation by the review committee. Specifically, the certified
public accounting firm will evaluate according to the following criteria:
• the financial viability of the proposing entity.
• the viability of the financing strategies, source and structure.
• assess comparatively the short and long range economic and fiscal return to the City.
Additionally, the certified public accounting firm will:
• assess/evaluate the market analysis.
• evaluate the economic feasibility of the proposed development.
• evaluate the financial viability of the management/operational plan.
The accounting firm shall present its findings regarding each proposal to the review committee
prior to the review committee completing its deliberations. The CPA firm will render an
independent report of its findings to the City Manager.
28
05 - A-14
k --
VII. TERMS AND CONDITIONS TO BE INCLUDED IN THE LEASE AGREEMENT
A. authorization
Upon authorization of the City Commission, the City Manager or his designee, shall
negotiate all aspects of a lease agreement with the selected proposers. The City
Attorney's office will provide assistance to the City Manager or his designee during the
negotiation of the lease agreement and must approve the lease agreement as to legal
form and correctness prior to its execution. Until such time as the lease agreement is
executed, the selected proposer has no vested rights, nor title or interest in the subject
Property or to the development proposed thereon.
B. Terms 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
j 12. Equity Capital and Mortgage Financing
13. Public Charges/Fees/Taxes
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. Taxes
26.Miscellaneous
29 95-- 414
i
APPENDIX A
1
City of Miami
i
Charter and Code Sections
95" 4-14
k,-
4 27-E
CHARTER AND RELATED LAWS
Sec. 27-E. Assessor to have power of county
assessor; general assessment roll.
Note —The user's attention is directed to the editor's note to
27-B of this charter. ;
Sec. 27-F. Signing and endorsing general as-
sessment roll; return and presump-
tion of validity.
Note —The user's attention is directed to the editor's note to
4 27-B of this charter.
Sec. 27-G. Copy of assessment roll annexed
to warrant commanding collection.
Note —The user's attention is directed to the editor's note to
4 27-B of this charter.
Sea 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 4 27-B of this
chaster.
[Sec. 27-I. 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., 1193.41. The
user's attention is also directed to the editor's note to 4 27-B of
this charter.
Sec. 27-$. When taxes become delinquent; in-
terest rates on delinquent taxes.
Note —The user's attention is directed to the editor's note to
i 27-B of this duu uP.
Sec. 27-L. Tax certificates; interest rate there-
on.
Note —The user's attention is directed to the editors note to
$ 27-B of this charter.
Sec. 28. Chief procurement officer.
(a) The city manager shall appoint a chief pro-
curement officer who shall supervise all purchases
for the city in the manner provided by ordinance
and who shall, under such procurement methods
as may be prescribed by ordinance, supervise sales
Supp. No. 29
Subpt. A .
of all real and personal property_of the city not
needed for public use or that may have become
unsuitable for use. The chief procurement officer
shall have charge of such storerooms and ware-
houses of the city as the commission may by ordi-
nance provide. Before any purchase or sale, the
chief procurement officer shall require that all
prescribed procurement procedures be followed.
Supplies shall not be furnished to any department
unless there be to the credit of such department
an available appropriation balance in excess of
all unpaid obligation sufficient to pay for such
supplies.
(b) No contract for furnishing supplies or ser.
vices for the city, except as otherwise provided in
this charter, shall be made for a period of more
than one year.
(c) The chief procurement officer shall see to it
that all persons seeking to do business with the
city not discriminate against any employee or
applicant for employment because of age, race,
creed, color, religion, sex, national origin, handi-
cap, or marital status; and that they take affir-
mative action to ensure that applicants are em-
ployed and that employees are treated during em-
ployment without regard to their age, race, creed,
color, religion, sex, national origin, handicap, or
marital status.
(d) The chief procurement officer shall be re-
sponsible for developing such minority procure- -
ment program as may be prescribed by ordinance
and permitted by law.
30
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 commission to the lowest
responsible bidder, after public notice and using
such competitive sealed bidding methods as may
be prescribed by ordinance; provided, however,
95-- � 11_
a
Subpt. A
i
CHARTER
that if the amount of a bid or proposal submitted
by a vendor whose primary office is located in the
"? City of Miami is not more than ten (10) percent in
excess of the lowest other responsible bidder or
proposer, such local vendor may be awarded the
= contract, but the city manager or designee shall
have the power to reject all bids and proposals.
Notwithstanding the foregoing, the city manager
may waive competitive sealed bidding methods
by making a written finding which shall contain
reasons supporting the conclusion that competi-
tive sealed bidding is not practicable or not ad-
vantageous to the city, which finding Must be
ratified by an affirmative vote of two-thirds of the
commission after a properly advertised public hear-
ing. When competitive sealed bidding methods
are waived, other procurement methods as may
be prescribed by ordinance shall be followed. All
invitations for bids, requests for proposals, or other
solicitations shall contain a reservation of the
foregoing right to reject all offers. All contracts
for personal property in excess of four -thousand
five hundred dollars ($4,600.00) shall be signed
by the city manager or his designee after approval
thereof by the commission. 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 thereoia
(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
I (10) percent in excess of the lowest other respon-
Supp. No. 29
31
4 29•A
sible bidder or proposer, such local contractor may
be awarded the contract, but the city manager or
designee shall have the power to reject all bids
and proposals. Notwithstanding the foregoing, the
city manager may waive competitive sealed bid-
ding methods by making a written finding that a
valid emergency exists or that there is only one
(1) reasonable source of supply, which finding must
be ratified by an affirmative vote of two-thirds of
the commission after a properly advertised public
hearing. When competitive sealed bidding meth-
ods are waived, other procurement methods as
may be prescribed by ordinance shall be followed.
All invitations forbids, requests for proposals, or
other solicitations shall contain a reservation of
the foregoing right to reject all offers. Contracts
for public works or improvements shall be signed
by the city manager or his designee after approval
thereof by the commission.
When it becomes necessary in the opinion of
the city manager to make alterations or modifica-
tions in a contract for any *public work or im-
provement, such alterations or modifications shall
be made only when authorized by the commission
upon the written recommendation of the city man-
ager. No such alteration shall be valid unless the
price to be paid for the work or material, or both,
under -the altered or modified contract shall have
been agreed upon in writing and signed by the
contractor and the city manager prior to such
authorization by the commission.
(c) Unifced development projects. A unified de-
velopment project shall mean a project where -an
interest in real property is owned or is to be ac-
quired by the city, is to be used for the develop-
ment of improvements, and as to which the com-
mission determines that for the development of
said improvements it is most advantageous to the
city to procure from a private person, as defined
in the Code of the City of Miami, one or more of
the following integrated packages:
(1) planning and design, construction, and leas-
ing-, or
(2) planning and design, leasing, and manage-
ment; or
(3) planning and design, construction, and man-
agement; or
95 1114
I MA 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 aeeount.
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 (eX4), 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 firm appointed by the com-
mission based only on the evaluation criteria
applicable to said certified public accounting
firm contained in the request for proposals.
Said certified public accounting firm shall
render a written report of its findings to the
city manager.
(2) the review committee shall evaluate each pro-
posal based only on the evaluation criteria
applicable to said review committee contained
in the request for proposals. Said review com-
mittee shall render a written report to the
city manager of its evaluation of each pro-
posal, including any minority opinions.
(3) taking into consideration the findings of the
aforementioned certified public aceountiimg. 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
05-- A- 4
32
M
y
Subpt. A CHARTER 4 29-A
him by the aforementioned certified account-
ing firm and review committee.
(4) all contracts for unified development projects
shall be awarded to the person whose pro-
posal is most advantageous to the city, as
determined by the commission.
The commission may accept any recommenda-
tion of the city manager by an affirmative vote of
a majority of its members. In the event the com-
mission does not accept a proposal recommended
by the city manager or does not -reject all propos-
als, the commission shall seek recommendations
directly from the aforementioned review commit-
tee, which shall make a recommendation or rec-
ommendations to the commission taking into ac-
count the report of the aforementioned certified
public accounting firm and the evaluation criteria
specified for the review committee in the request
for proposals.
After receiving the direct recommendations of
the review committee, the commission shall, by
an affirmative vote of a majority of its members:
(1) accept any recommendation of the review com-
mittee; or
(2) accept any previous recommendation of the
city manager; or
(3) reject all proposals.
All contracts for unified development projects
shall be signed by the city manager or designee
after approval thereof by the commission. The
city manager or designee shall be responsible for
developing a minority procurement program as
may be prescribed by ordinance and permitted by
law in conjunction with the award of contracts for
unified development projects. The provisions of
this charter section shall supersede any other char-
ter or code provision to the contrary.
(d) Sales and leases of real property, prohibi-
tion. Except as otherwise provided in this charter
section, there shall be no sale, conveyance, or
disposition of any interest, including any lease-
hold, in real property owned by the city, the de-
partment of off-street parking, or the downtown
development authority, unless there has been prior
public notice and a prior opportunity given to the
Supp. No. 29
33
public to compete for said real property or inter.
est. Any such sale, conveyance, or disposition shall
be conditioned upon compliance with: the provi-
sions of this section; such procurement methods
as may be prescribed by ordinance; and any re-
strictions that may be imposed by the city, the
department of off-street parking, or the downtown
development authority, as appropriate. Further,
no right, title, or interest shall vest in the trans-
feree of such property unless the sale, conveyance,
or disposition is made to the highest responsible
bidder, as is determined by the city commission,
or the off-street parking board, or the downtown
development authority board of directors. The city
commission or the off-street parking board or the
downtown development authority board of direc-
tors, as appropriate, may by resolution waive the
requirement of sale, conveyance, or disposition to
the highest responsible bidder by means of the
following procedure: the city manager, the direc-
tor of the off-street parking authority, or the di-
rector of the downtown development authority, as
appropriate, must make a written finding that a
valid emergency exists, which finding must be
ratified by an affirmative vote of tw -thir is of the
commission after a properly advertised public hear-
ing. When the requirement of sale, co-iveyance,
or disposition to the highest responsible bidder is
waived, other procurement methods as may be
prescribed by ordinance shall be followed. The
city or the department of off-street parking or the
downtown development authority 'shall have the
power to reject all offers. All invitations for bids,
requests for proposals, or other solicitations shall
contain a reservation of the foregoing 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.
§ 29-A
CHARTER AND RELATED LAWS
(2) All persons contracting with the city under
this section shall be obligated to pay which-
ever is the greater of the following: (i) all
applicable ad valorem taxes that are lawfully
assessed against the property involved or (ii)
an amount to be paid to the city equal to
what the ad valorem taxes would be if the
property were privately owned and used for a
profit -making purpose. Such taxes shall not
be credited against any revenues accruing to
the city under any contract that may be
awarded under this section.
(3) Any proposal by a potential bidder or con-
tractor that contemplates more than the es-
timated extent of the city's proposed commit-
ment of funds, property, or services shall be
ineligible for acceptance by the city commission.
(4) Any substantial increase in the city's com-
mitment of funds, property, or services,- or
any material alteration of any contract awarded
under subsection (c) of this section shall enti-
tle the city commission to terminate the con-
tract after a public hearing. Prior to such
public hearing, the commission shall seek and
obtain a report from the city manager and
from the review committee that evaluated
the proposals for the project, concerning the
advisability of exercising that right. (Char.
Amend. No. 3, 11-6-79; Ord. No. 9507, § 1,
10-28-82; Char. Amend. No. 1, 11-2-82; Char.
Amend. No. 1, 114-86; Char. Amend. No. 3,
11-3-87)
Editor's note —Ord. No. 9489, adopted by the commission
on Sept. 17, 1982, set forth Charter Amendment No. 1 for
approval rejection at election on Nov. 2, 1982. On Oct. 28,
1982, Ord. No. 9507 amended the language of subsections (a)
and (c) of § 53 as proposed by Ord. No. 9489. The election was
to approve the language o(Charter Amendment No.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 instrumen-
tality, the city commission is hereby prohibited
from favorably considering any sale or lease of
property owned by the city unless there is a re-
turn to', the city of fair market value under such
proposed sale or lease. The city commission is
also hereby prohibited from favorably consider.
ing any sale or lease of city -owned property un-
less (a) there shall have been, prior to the date of
the city commission's consideration of such sale
or lease, an advertisement soliciting proposals for
said sale or lease published in a daily newspaper
of general paid circulation in the city, allowing
not less than ninety (90) days for the eity's receipt -
of proposals from prospective purchasers or les-
sees, said advertisement to be no less than bne-
fourth (�Q 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
14 es
i__
CHARTER
bidding procedures to be used in the disposition of
city -owned property or any interest therein, the
city commission is authorized to waive all such
disposition requirements where the intended use
of such property or interest therein is in further-
ance of the objective of providing rental or sales
housing within the economic affordability range
of low and/or moderate income families and/or
individuals. In determining.low and/or moderate
income households as set forth above, the criteria
shall be those provided for by federal and/or state
law or by the city commission. (Char. Amend. No.
2, 11-M7)
Sec. 29-C. Same —Watson ]island.
Notwithstanding any provision to the contrary
contained in the Charter or Code of the City of
Miami, no sale, conveyance lease, management
agreement, revocable use permit, or license agree-
ment may be entered into for the management,
occupancy or use of the area known as Watson
Island unless (1) there shall have been, prior to
the date of the city commission's consideration of
such sale, lease, management agreement, revo-
cable permit or license agreement, an advertise-
ment soliciting proposals for said sale, lease, man-
agement agreement, revocable permit, or license
agreement published in a daily newspaper of gen. '
eral paid circulation in the city, allowing not less
than ninety (90) days for the city's receipt of pro-
posals from prospective purchasers or lessees, said
advertisement to be no less than one-fourth page
and the headline in the advertisement to be in a
type no smaller than 18-point; and, (2) the pro-
posed transaction be approved by a majority of
the votes cast by the electorate at a referendum.
to be held at the :text regularly scheduled general
election. The procedures for selection of proposals
shall be those provided by Charter section 29A(c)
or (d) as appropriate and/or by applicable City
Code provisions. Nothing herein shall effect the
existing rights or privileges, if any, of any lessee,
permittee, licensee or concessionaire curreritly 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
4 30
use or occupancy of the area, nor shall it apply to
contracts for the construction of any gity 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-M7)
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.
34.1
1
k,
y 1852.7
MIAMI 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, 4 1, 2-10-83) i
Sec. 18-52.8. Sole -source contracts.
(a) Conditions for use. Since it is not practica-
ble for the city to use competitive bidding meth-
ods to secure goods or services if there is any one
(1) reasonable source of supply, sole -source awards
may be made as an exception to the other meth-
ods prescribed in this section under the following
circumstances:
(1) Where the compatibility of equipment, acces-
sones, 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 er test-
ing-, and
(3) Where the unique and specialized expertise
of one (1) source of services is unlikely to be
eb'ta,itked from arty other source.
(b) Determination and approuaZ The determi-
nation that an award. shall be made on a sdie.
source basis shall be made by the chi af przaare-
ment oTicex to #,he city manag es:. Su&ietermination
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 tercels 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
M) 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,
4 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) 'Me amount and type of contract; and
(5) The identification number for each contract
file. <Or+d. No- 9572, 11, 2.10-83)
Soc. 1"2.9. Unified development projects.
(a) Def nition& 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 property is owned -
or is to be acquired by the city, which is to be used
for the development of improvements, and as to
which the city commission determines that for
the development of acid 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
Supp. No. 10
i'
I 1208
05'- �I4
I
4 1852.9
FINANCE
4 1852.9
(4) Planning and design,. construction, Teasing
(7) The contract terms and conditions, includ•
and management.
ing warranty and bonding -or other secu•
city requirements as may be fixed and
(b) Conditions for use- A unified development
applicable;
project shall be used in those circumstances in
which the city commission lig resolution deter-.
(8) The extent of the city's proposed commit..
mines that for the development of improvements'
meat of funds, property, and services;
it is most advantageous to the city that the city
(9) The definition of the terms "substantial
procure an integrated entity as defined in section
increase" and "material alteration" that
18-52.9(a). So long as the person from,which the
will apply to the -project in, accordance with
city procures one (1) of the above -mentioned irate-
section 5360Fv). of tide Chi of the city;
grated packages provides aR of the functions listed
for that package, such person need not provide
(10) A t eseraatioir of tb- right to. rgject all pro.
each listed function for the entire unified level=
Pow mo4 of'the- right of termination re-
opment project nor for the same part of 'the oat
fmTed° tn• Em seetLam 53(exia) of the Charter
fied development project.
of the:eitr,
(c) Requests for proposals. A regpest for pro.
(11)- The date, timer ain,& place at which any
posals shall be issued -which generailyd,eflnes the:
preProposal conferences may be held and
nature of the project, the uses the city is seeking:
whether attendance at such conferences is
for the project, and the estimated allocations of
a condition for offering proposals; and
land for each use. The request for proposals siiaII'
(12) The place where any documents incorpa
also include the following:
rated by reference may be obtained.
(1) In-structions and information to offerors con-
cerning the proposal submission require-
Before1ssuing a request for proposals, there shall
ments, including the time and date set for
be a public hearing, after public notice, at which
receipt of proposals, the address of the of.
the commission shall consider -
floe to which proposals are to be delivered,
(1) The contents of the request for proposals for
the maximum time for proposal acceptance
the subject unified development project;
by the city, and any other special information;
(2) The selection of a certified public accounting
(2) The specific parcel of land contemplated to
firm, which shell include at least one (1) mem-
be used or the geographic area the city
ber with previous experience in the type of
desires to develop;
_
development in question; and
(3) The specific criteria which shall be used to
(3) The recommendations of the city maiiager
evaluate competing proposals by the below-
for the a
appointment of persons to serve on
mentioned certified public accounting firm;
P
the review committee. Said review commit.*
' (4) The specific evaluation criteria which shall
tee shall consist of an appropriate number of
be used to evaluate competing proposals by
city officials or employees and an equal num-
the below -mentioned review committee;
ber plus one (1) of members of the public,
whose names shall be submitted by the city
(5) A statement that written and oral discus-
manager no fewer than five (5) days prior to
aions may be conducted with offerors who
the above -mentioned public hearing.
submit proposals determined to be reason-
ably susceptible of being selected for award,
At the conclusion of the public hearing, the com-
but that proposals may be accepted as sub-
mission shall authorize the issuance of a request
mitted without such discussions;
for proposals, select a certified public accounting
gy
m' and appoint the members of the review com-
j (6) A statement of when and how financial
mittee only from among the persons recommended
considerations and return to the city should
by the city manager.
I be submitted;
Supp. Na 10
9
1209
4 1852.9
MIAMI CODE
4 1852.9
(d) Developer lists. Developer lists may be com-
be limited to, the name of each offeror and a
piled to provide the city with the names of devel-
summary description sufficient to identify the proj.
opers who may be interested in competing for
ect. The register of proposals shall be open to
various types of city projects. Unless otherwise
public inspection.
provided, inclusion or exclusion of the name of a ;
(h) Minority participation. The city's minority
developer does not indicate whether that devel- •
procurement program shall be referred to in the
oper is responsible with respect to a particular
requests for proposals and shall apply to the award.
procurement or otherwise capable of successfully
ing of contracts for unified development projects.
performing a particular city project.
(e) Public notice Notice inviting proposals shall
W Evaluation of proposals. The procedure for
the selection of an integrated package proposal
be published at least once in a•newspaper of gen-
shall be as follows:
eral circulation in the city to provide a reason-
able time for proposal preparation considering the.
(1) All proposals shall be analyzed by a certified
content and complexity of the anticipated scope of
public accounting firm appointed by the com-
work. In any event, at least fifteen (15) days shall
mission based only on the evaluation criteria
intervene between the last date of publication
applicable to said certified public accounting
and the final date for submitting proposals. Such
firm contained in the request for proposals.
notices shall state the general description of the
Said certified public accounting firm shall
scope of work, the place where a copy of the re-
render a written report of its findings to the
quest for proposals may be obtained, and the time
city Manager.
and place for receipt of proposals. The city man-
(2) The review committee shall evaluate each
ager may, in addition, solicit proposals from all
proposal based only on the evaluation criteria
responsible prospective developers listed on a cur-
applicable to said review committee contained
rent developers list by sending them copies of the
in the request for proposals. Said review com-
public notice to acquaint them with the proposed
mittee shall render a written report to the
procurement.
city manager of its evaluation of each propo-
(f) Preproposal conferences. Preproposal confer-
sal, including any minority opinions.
ences may be conducted to explain the require-
(3) Tag into consideration the findings of the
ments of the proposed procurement. They shall be
aforementioned certified p.lblic accounting firm.,
to all prospective developers known to
the evaluations of the aforementioned review
have received a request for proposals. The confer-
committee, and the degree of minority partic--
ence should be held long enough after the request
ipation in city contracts, the city manager
for proposals has been issued to allow developers
shall recommend one (1) or more of the pro -
to become familiar with it but sufficiently before
pals for acceptance by the commission, or
proposal submission to allow consideration of the
alternatively, the city manager may recom*
conference results in preparing Proposals. Moth-
mend that all proposals be rejected. If there
ing stated at the preproposal conference shall change
are three (3) or more proposals and the city
the request for proposals unless a change is made
manager recommends only one (1), or if he
by written amendment. A summary of the con-
recommends rejection of all proposals, the city
ference shall be supplied to all those prospective
manager shall state in writing the reasons
developers known to have received a request for
for his recommendation. In transmitting his
i proposals. If a transcript is made, it shall be a
recommendation or recommendations to the
public record.
commission, the city manager shall include
(g) Receipt o f proposals Proposals shall be opened
the written reports, including any minority
publicly in the presence of two (2) or more city
opinions, rendered to him by the aforemen-
officials. After the closing date for receipt of pro-
tioned certified accounting firm and review
posals, a register of proposals shall be prepared
committee.
j by the city manager which shall include, but not
j Supp. No. 10
i 5 14
1210
4 1852.9 FINANCE
6 1953
(j) Award All contracts for unified development
based on various performance factors and es -
projects shall be awarded to the person whose
calation clauses or other economic adjustments
proposal is most advantageous to the city, as de-
may be included as appropriate to serve the
termined by the commission.
best interests of the city in achieving the
The commission may accept any recommenda-
most economical contract performance.
tion of the city manager by an affirmative vote of a (2)
Cost -reimbursement contracts. Cost-reim-
majority of its members. In the event the com-
bursement contracts shall ordinarily be used
mission does not accept a proposal recommended
for those purchases of goods and services or
by the city manager or does not reject all propos-
sales and leases where the terms, conditions,
als., the commission shall seek recommendations
specifications and other factors of the contract
directly from the aforementioned review commit-
cannot be specified with a high degree of cer-
tee, which shall make a recommendation or rec-
tainty or the use of fixed -price contracts is
ommendations to the commission taking into ac-
not likely to result in substantial competi-
count the report of the aforementioned certified
tion between bidders or offerors willing to
public accounting firm and the evaluation criteria
compete for the contract. Incentives based on
specified for the review committee in the request
various performance factors and escalation
for proposals.
clauses or other economic adjustments may
After receiving the direct recommendations of
be included as appropriate to serve the best
the review committee, the commission shall, by
interests of the city in achieving the most
an affirmative vote of a majority of its members:
economical contract performance.
(1) Accept any recommendation of the review com- (3)
Blanket orders. The chief procurement officer
mittee; or
or individual purchasing agents may issue
purchase orders for indeterminate amounts
(2) Accept any previous recommendation of the
of repair parts, supplies and services to the
city manager; or
account of any department or office, but only
(3) Reject all proposals.
when based upon a definite contract or price
All contracts for unified development projects
agreement which shall be negotiated in the
shall be signed by the city manager or his desig-
same manner as if the item to be purchased
thereunder were to be individually purchased
nee after approval thereof as to form and correct-
or contracted for under the provisions of arti-
ness by the city attorney and approval by the city
cles IV and V of this Code. Such orders shall
commission. (Ord. No. 9572, § 1, 2-10-83)
state a specific monetary limit which may
City code cross reference —Minority participation in uni•
Pied development contracts, § 18-73.
not be exceeded except on written approval
by the chief procurement officer.
Sec. 18-53. Tyres of contracts. (4)
Multiyear contracts.
(a) Subject to the limitations of this section,
(i) Unless otherwise provided by law, a con -
any type of contract which will promote the best
tract for supplies or services, sales, or
interests of the city may be used, except that the
leases may be entered into for any period
use of a cost-plus contract is prohibited.
of time deemed to be in the best interests
(1) Fixed price contract& Fixed -price contracts shall
of the city, provided that the term of the
ordinarily be used for those purchases of goods
contract and conditions for renewal or
and services or sales and leases where the
extension, if any, are included in the in-
terms, conditions, specifications and other fac-
vitation for bids or request for proposals,
tors of the contract can be specified with a
and provided that funds are available for
high degree of certainty and where use of a
the first fiscal period at the time of con -
fixed -price contract will result in substantial
tract award. Payment and performance
competition between bidders or offerors will-
obligations for succeeding fiscal periods
ing to compete for the contract. Incentives
shall be subject to the availability and
Supp. No.10
1211
A—l0
k __
Subpt. A CHARTER
§ 3
other evidence of city indebtedness shall be
GO 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
city.
ings, speed of vehicles; services and rates of
(iii) To lease to or contract with private
motor vehicle carriers: To pave, grade, curb, .
firms or persons for the commercial use
repave, macadamize, remacadamize, lay out,
or management of any of the city's wa-
open, close, vacate, discontinue, widen, and
terfront property, but only in compli-
otherwise improve streets, alleys, avenues,
ance with the other requirements of
boulevards, lanes, sidewalks, parks, prom-
this charter and on condition that:
evades, and other public highways or any
(p) the terms of the contract allow rea-
part thereof, and to hold liens th@refor as
sonable public access to the water
hereinafter provided; to construct and main-
and reasonable public use of the
tain bridges, viaducts, subways, tunnels,
property, and comply with other
sewers, and drains, and regulate the use of
charter waterfront setback and
all such highways, parks, public grounds,
view -corridor requirements; and
and works; to prevent the obstruction of
(g) the terms of the contract result in
such sidewalks, streets, and highways; to
a fair return to the city based on
abolish and prevent grade crossings over
two independent appraisals; and
the same by railroads; to regulate the op-
eration and speed of all vehicles using the
existing master plan of the city;
streets, highways, and railroads within the
(D) the procurement methods prescribed
city; to regulate the service rendered and
by ordinances are observed.
rates charged by busses, motor cars, cabs,
Any such lease or management agree -
and other vehicles for the carrying of pas-
ment or proposed extension or modifi-
sengers and by vehicles for the transfer of
cation of an existing such Lease or man -
baggage.
agement agreement which does not oom-
(c)
Special or local assessments: To impose spe-
ply with each of the above conditions
cial or local assessments for local improve-
shall not be valid unless it has first
ments as hereinafter provided and to en-
been approved by a majority of the vot-
force payment thereof.
ers of the city. _
(d)
Contracting debts and borrowing money:
Nothing herein contained shall in any
Subject to the provisions of the Constitu-
manner affect or apply to any project
the financing of which has been pro-
tion of Florida and of this charter, to con-
vided by the authorization of bonds to
!
tract debts, borrow money, and make and
be issued by the city.
issue evidences of indebtedness.
(e)
Expenditures: To expend the money of the
(g) Public"property and improvements: To make
and maintain, inside and outside the city,
city for all lawful purposes.
public improvements of all kinds, includ-
(f)
Acquisition and disposition o f 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
use of the city; to acquire by condemnation
condemnation or otherwise, real or per-
or otherwise all lands, riparian and other
sonal property or any estate or inter -
rights, and easements necessary for such
est therein, inside or outside the city,
improvements; and to rent or lease from
for any of the purposes of the city; and
any person any land or building within or
to improve, sell, lease, mortgage, pledge,
without the city or any part thereof for any
or otherwise dispose of such property
municipal purpose.
{
or any part thereof.
Supp.
No. 27
3
21_„
§ 3 CHARTER AND RELATED LAWS Subpt. A
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-
G) To provide by ordinance building, plan-
ning, and zoning regulations and re-
strictions governing the height, num-
ber of stories, method of construction,
i
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 front, 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. No. 27
Qi) In order to preserve the city's natural
scenic beauty, to guarantee open spac.
es, and to protect the waterfront, any-
thing in this'charter or the ordinances
of the city to the contrary notwithstand.
ing, neither the city nor any of its agen-
cies shall issue building permits for
any surface parking or enclosed struc-
tures located on Biscayne Bay or the
Miami River from its mouth to the N.W.
5th Street Bridge,
(A) which are not set back at least 50
feet from the seawall (where* the
depth of the lot is less than 200
feet, the setback shall be at least
25 percent of the lot depth), and
(B) which do not have average side
yards equal in aggregate 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-
ing ordinances are greater than the
foregoing requirements, such greater
requirements shall govern.
(iv) These requirements shall not apply to
docks and appurtenant structures, smgie-
family residences and appurtenant struc-
tures, and waterfront industrial uses
along the Miami River and at the Port
of Miami. Nothing herein contained shall
in any manner affect or apply to: the
City of Miami(University of Miami
James L. Knight International Center
and hotel facility, including all improve-
ments thereon, or to lands and projects
which the city commission has approved
0 �. 1 4
Subpt. A
CHARTER
53
prior to September 18, 1979, by devel-
ing the existing waterworks system; to issue
opment order pursuant to chapter 380
promissory notes and certificates of indebt-
of Florida Statutes of a planned area
edness, and to secure same. by an assign•
development pursuant to article XXI-
went of all net rentals and net revenues,
1. City of Miami Comprehensive Zon- ;
after the payment of all operating expenses
ing Ordinance or which have received,
and fixed charges, including interest on the
site and development plan approval,
debt so created, and all debt created for the
including Plaza Venetia, Phase II, Reso-
construction of such work, derived from said
lution No. 72-113, April 20, 1972; Res-
waterworks system or any portion thereof.
"t olution No. 72.114, April 20, 1972; and
until moneys so borrowed shall have been
Resolution No. 72-416, July 20, 1972.
fully paid; to mortgage the entire water.
(nn) Borrowing to erect and add to public build-
works system or any portion thereof to make
logs To borrow money for the erection, con -
necessary repairs; and to pledge the net
struction, and furnishing of public build-
revenue derived from said system, until said
ings, including hospitals, city office build-
money shall have been fully repaid. Not-
withstanding the foregoing, no tax shall
ings, city halls, and other municipal struc-
tures; to borrow money for the purpose of
from the general funds of the city for the
building additions to public buildings now
• owned by the city; to execute notes and
payment of the indebtedness authorized by
other evidences of indebtedness, and to se-
this section.
cure the same by a mortgage upon said
(pp) Borrowing to purchase, hire, maintain, op•
buildings and the land upon which the build-
erate, or lease public utilities: To borrow
ings may be located; to pledge and hypoth-
money for the purpose of constructing, pur.
ecate the net. revenue, after the payment of
chasing, hiring, maintaining, operating, or
all operating expenses and fixed charges,
leasing local public utilities, including street
including interest on the debt so created
railways, electric light lines, and equipment
and on all other debt created in the con-
necessary for supplying the city and its in-
struction of such building, as well as to
habitants with transportation, illumination,
pledge and hypothecate the net revenue
power, water, ice, and gas for heating and
derived from such buildings and the land
illuminating; to mortgage the public utili-
upon which they stand, all for the purpose
ties so constructed, purchased, hired, main.
of securing the repayment of money bar-
tained, operated; to issue promissory notes _
rowed to be used in such construction; to
and certificates of indebtedness evidencing
issue certificates of indebtedness secured
the existence of the indebtedness created
by the net receipts from the use or rental of
by the borrowing of said money; to pledge
the buildings or additions to present exist-
and hypothecate the net revenue, after the
ing buildings erected or to be erected for
payment of all operating expenses and fixed
public Notwithstanding
p purposes. ding the fore-
charges, including interest on the debt so
going, no tax shall ever be levied nor money
created and all other debt created for the
taken or diverted from the general funds of
construction of such works, derived from
the city for the payment of the indebted-
the operation of such public utilities so con-
ness authorized by this section. (Laws of
structed or purchased, including said net
Fla. (1933), ch. 16561)
revenue derived from such street railway,
(oo) Borrowing to provide adequate waterworks
electric light plant, telephone and telegraph
system To borrow money for the purpose of
system, and water, ice, and gas plants; to
providing an adequate waterworks system,
Pledge such net revenue until the money so
including new water lines, and for the pur-
Not -
pose of repairing, improving, and extend-
I
withstanding the foregoing, no tax shall
Supp. No. 27
A-13
i
Ira
APPENDIX B
City of Miami
Minority and Women Business Affairs
and Procurement Program
Article IV.S
Sections 18-67 18-77
of the Code of the City of Miami
and
Ordinances 10058 and 10063
95- A14
4
r § 18.58
FINANCE
ARTICLE IV.5. MINORITY AND WOMEN
! BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM'
Sec. 18-67. Short title.
This article shall be known and may be cited as
"The Minority and Women Business Affairs and
Procurement Program Ordinance of the City of
Miami." (Ord. No. 10062, § 1, 12-19-85)
Sec. 18-68. Definitions.
For the purpose of this article, the following
terms phrases, words, and their derivations shall
have the following meanings:
Affirmative action plan shall include the pro-
jected. annual goals and the timetables which will
be used to employ and/or procure with women
and minorities a nondiscrimination policy state-
ment and any other actions which will be used to
ensure equity in employment and the utilization
of minority and female -owned businesses.
Business enterprise means any corporation, part-
nership, individual, sole proprietorship, joint stock
company, joint venture, professional association
or any other legal entity that is properly licensed
to do business with the city and/or county and/or
the state.
Contract means agreements for the procurement
of goods, services, or construction of facilities for
the city.
*Editor's note —Ord. No.10062, § 8, adopted Dec. 19.1985,
repealed Ord. No. 9775. 14 1-8, adopted Jan. 19, 1984, codi-
fied as 1 18.72, concerning the minority procurement program.
At the discretion of the editor, 11 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, 4 2.863.
County code cross reference —Procedure to increase par-
ticipation of Black vendors of commodities and services in
i county contracts, § 2.8.2.
Supp. No. 32
i
§ 18-68
Facilities means all totally or partially publicly
financed projects including, but without limita•
tion, unified development projects, municipal pub-
lic works and municipal improvements to the ex-
t�nt they are financed with city money, utilize
city property, or require city services.
Goal means the percentages of the annual dol-
lar volume of procurement expenditures determined
by this article to be offered for minority and women
business participation.
Goods and services include, without limitation,
public works, improvements, facilities, professional
services, commodities, supplies, materials and
equipment.
Joint venture shall mean an association of per-
sons or legal entities with the intent to engage in
and carry out a single business enterprise for
profit.
Minority and women -owned small business en-
terprise means a business enterprise in which at
least fifty-one (51) percent of said enterprise is
owned by Blacka, Hispanics or women whose man-
agement and daily business operations are con-
trolled by one (1) or more. Blacks, Hispanics or
women and who employ a maximum of twenty-
five (25)'employees -or have a net worth not in
excess of two million dollars ($2,000,000.00).
Procurement expenditures shall mean a purchase,
payment, distribution, loan or advance for the
purpose of acquiring or providing goods and services -
Set -aside is the term which will be used to des-
ignate a given purchase or contract or a portion 4
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)
1?77
vj 414
k,
§ 1 "9
Sec. 18-69. Established; components.
MIAMI CODE
(a) A minority and women business affairs and
procurement program for the city is hereby estab-
lished. The city manager's office shall be held
accountable for the full and forceful implementa-
tion of the minority and women business affairs
and procurement program by providing appropri-
ate recommendations for action by the city com-
mission:
(b) For the purpose of assisting the city man-
ager in the implementation of said program, a
minority and women business affairs and procure-
ment committee is hereby established, consisting
of an appropriate number. of members, to be ap-
pointed by the city manager, with full represen-
tation of Hispanics, Blacks and women to be re-
sponsible for monitoring the implementation of
the program and making recommendations for
achieving the requirements of this article. The
committee shall be responsible for generating yearly
progress reports to the city commission and the
community at large.
(c) The city manager shall, utilizing existing
resources, create an office of minority and women
business affairs and procurement; and shall pro-
vide the appropriate staff and resources necessary
for the performance of all such administrative
duties; authorize and implement the administra-
tive guidelines and procedures required; and en-
sure compliance with the functions required to
promote the achievement of the program's goals
and objectives of increasing the volume of city
procurement and contracts with Black, Hispanic
and women -owned businesses. (Ord. No. 10062, §
3, 12-19-85)-•
Cross reference —Department of general services adminis.
tration to contain office of minority and women business af-
fairs and procurement, 4 2.263.
Sec. 18-70. Duration of program.
The minority and women business affairs and
procurement program established herein shall be
in effect only until such time as the effects of
prior unwarranted discrimination against Blacks,
Hispanics and women have been compensated for,
at which time the goals and set -asides provided
for herein shall no longer be observed. Such need
shall be reviewed every two (2) years by the city
Supp. No. 32
§ 18.73
commission, upon the recommendation of the city
manager. (Ord. No. 10062, § 7, 12-19-85)—
Sec. 18-71. Applicability.
Except where federal or state law or regula-
tions mandate to the contrary, the provisions of
this article will be applicable to all city pre -bid,
bid, contract or other agreements negotiated by
the city. (Ord. No. 10062, § 6, 12.19-85)
Sec. 18-72. Objectives; use of set -asides.
(a) The objective of the city is to achieve.a goal
of awarding a minimum of fifty-one (51) percent
of the total annual dollar volume of all procure-
ment expenditures to Blacks, Hispanics and women -
owned small business enterprises to be apportioned
as follows: seventeen (17) percent to Blacks, sev-
enteen (17) percent to Hispanics and seventeen
(17) percent to women; such goal shall be applied
to all city bids and contracts.
(b) To further the goal of increasing the total
annual volume of all procurement expenditures
to minority and women -owned business enterprises,
authority for a minority and women -owned business
enterprise procurement set aside is hereby estab-
lished for use by the city manager as he or she may
deem advisable or necessary to increase the parti-
cipation of Black, Hispanic and women -owned busi-
nesses in city procurement contracts. (Ord. No.
10062, § 4 ,12-19-85; Ord. No.10538, § 2,1-12.89)
Sec. 18.73. Required statements for solicita-
tions or notices; required state-
ments on contracts and awards.
1218
(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
yy,� t -•, -
1-14
§ 18.73
FINANCE
resulting contractslbid 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.
ti (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, Nandi.
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 (AAP). Any signif-
icant equity participants, joint venture par-
ticipants, subcontractors, suppliers or other
§ 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 M/WBE affairs -or her
designee for the purpose of investigation
to ascertain compliance with the forego-
ing requirements.
(c) In the event of vendors' or contractors'
noncompliance with the affirmative ac-
tion requirements of this section, the city
manager may suspend in whole or part,
cancel or terminate the bid or contract
award and/or impose other sanctions as
may be determined to be appropriate.
(6) A provision specifying the requirements -.for
continued bidder or offeror eligibility includ-
ing minority and female involvement. (Ord.
No. 10062, § 4B, I2-19-86; 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)
' Supp. No. 32
v -
1'18-75
hIIAMI CODE
Sec. 18.75. Contractor's certificate of compe-
tency.
(a) For the purpose of this section, the follow-
ing terms, phrases, words, and their derivations
shall have the following meanings:
l
(1) Business enterprise means any corporation,
partnership, individual, sole proprietorship,
joint stock company, joint venture, professional
association or any other legal entity.
(2) Construction contract means agreements,for
the erection, alteration, demolition, or repair
of any public building or any other kind of
public work or improvement.
(3) Minority and women -owned business enterprise
means a business enterprise in which at least
fifty-one 451) 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, § 4 1, 2, 10-22-87)
Editor's note --Sections 1 and 2 of nonsmendatory 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. 18-75. Administrative procedures.
The departments of finance, public works and
general services administration are authorized to
establish the required administrative procedures
to insure compliance with the provisions as set
forth herein.
The finance department is mandated to insti.
tute payment procedures which will insure, in
those instances in which the MfW BE bid or con-
tract requirements result in contracts, subcontracts
or joint ventures for M/WBEs, that compensation
provided pursuant thereto shall be in the form of
Supp. No. 32
1220
r
4 18.78
a check made payable to the primary contractor,
bidder or proposer, and (if appropriated jointly) to
the minority/women business enterprise subcon-
tractor or joint venture partner in anamount 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. Nation 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-
tract/award requirements, creating and implement-
ing compliance guidelines, monitoring compliance,
resolving disputes, and reporting on all of the
above to the city manager. (Ord. No. 10538, $ 5,
1-12$9)
95-
I__
J-aS-944
10/11/85
ORDINANCE NO. 10 0 6 2
AN ORDINANCE REPEALING ORDINANCE Na. 971S,
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.
FLORIDW 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 St' PERCENT OF THE CITY'S TOTAL ANNUAL
DOLLAR YOLUME OF.ALL PROCUREMENT EXPENDITURES
`TO BUSINESSES OWNED BY BLACKS (17%1.
HISPANICS (172); AND WOMEN ( %): AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FOR THE DEVELOPMENT OF PROCEDURES, MEASURES
AND RESOURCES TO IMPLEMENT SAID PROGRAM,
GOALS AND OBJECTIVES;, AND CONTAINING A
SEVERABILITY CLAUSE.
WHEREAS; Ordfa®net No. •$175 sealing. with minority
pr'ccurement has, boon found to be in need of revision and
modification to strengthen the offect1voaoss of the City of
14162i's Minority Procurement Policy and Program; and
WHEREAS; the City Commissfon; in repealing Ordinance No.
977S and in adopting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
authorized pursuant to the Charter of the City of Miami,
Sections 52 and 63: and the Manieipal Mope Rule Powers Act of
1973. Chapter 166.001 et sea., Florida Statutes, as amended; and
WHEREAS; the U.S. Supreme Court has upheld Cade County
Ordinance No. 82-47; adopted July 20, 1984; restricting bidding
on construction projects to !lack -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS, findings of a City of Miami Minority Procurement
Disparity Study indicated a substantial exclusion of minority
and women -owned businesses from the City's procurement process
for the fiscal years between 1971 and 1981;•and
WHEREAS, this Ordinance will privent the perpetuation of
the effects of prior unwarranted discrimination which has
95- � 1.it
k,
heretofore fmpalred; limited or fOreClosad procurement and
contracting opportunities for businesses owned by $lacks;
Hispanics and Women with'the City of Miami; and
WHEREAS; the City of Miami has established a policy of
constructive affirmative action to eliminate substantially the
effects of prior discrimination; and
WHEREAS; the proposed Minority and Women Bdstriesf Affairs
and Procurement Program and Policy contains requirements: (a)
that those who contract with the City of Miami In the areas of
procurement shall not discriminate against any busfrtesas
employee or. applicant for employment because of ago, ethnfelty,
race, creed; color; religion, sex, national origin; handicap, or
marital status; and (b) that such city contractors have and
fmplement an Affirmative Action or.Equal Employment Opportunity
policy to ensure that such businesses; employees or applicants
for employment are treated equally wltho*t regard to age,
ethnicity; race, creed, color, religion, sex, national origin,
handicap or marital status, and z
WHEREAS. implementation -of this ordinance will serve the
best Interest of the City and wfll maximise the opportunity for
small business concerns owned and controlled by Blacks,
Hispanics 'arid Women to procure or contract with the City of
Miami 1n the area of procurement; and
WHEREAS; to be effective It is necessary and desirable to
establish for the City of Miami a Minority and Women Business
Affairs Procurement Program with the approprlato goals,
objectives; administrative procedure and resources; and.adapt
legislation remedyfag the affected Hispanic, Black and Women -
owned busfriesses;
NOV. THEREFORE; OE IT ORDAINED BY THE COMMISSION Of THE
CITY OF MIAMI; FtORIDAi
Section 1. This Ordinance shall be known and may be cited
as •The Mtnority•'arid Women Bvsinas$ Affairs and Procurement
Program Ordinance of the City of Miami,'
Section 2. For the purpose of this Ordinance, the
following torsi phrases, words, and their derivations shall have
the following meanings: �„ r
ft 2•
A. Business Entorpri._ moans 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
fCity of Miami and/or Dade County and/or the State of Florida.
E
S. Minority and Women -Owned 8us9toess Enterprise Deans
a businesa enterprise in which ,at least 51 percent of said
enterprise is owned by Slacks, Hispanics or Women whose
management and daily busiaess operations are controlled by one
or more Slacks; Hispanics or Women.
C. Contract 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 pith City money.
atilize City property;, -or require City services.
B. goods and 'services include; vithQV% iimiLatlQn.
public works, improvements; facilities; professional services,
commodities; supplies, materials and equipment.
F0 Coal means the percentages of the annual dollar
volume of procurement expenditu.rfs determined by this ordinance
to be offered for Minority and Women business participation.
a. 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 Slack, Hispanic and/or Women -
owned businesses. Set -asides may only be utilized where it is
determined; prior .to the 1Avitatiom to -bid or request for
proposals, that there are a sdffieiont number of certified
Black. Hispanic and/or Women -owned businesses to afford
effective competition for the purchase.
H. Joint venture shall mean an association of persons
or legal entities with the intent to engage in and carry out a
•single business enterprise for profit.
95- A 14
s n06 2
k.
1. Procurement Expenditu shall mean a purchase.
payment, distriliution; loan or advance for the purpose of
I
acquiring or providing goods and services.
J. Afftrmative Action Pfau shall include Of
1
proJaeted annual goals and the timetables which will 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.amployment and'the utilization of
yminority and female -owned businesses.
Section 3. A Minority and Women Business Affairs and
Procurement Program for the City of Miami is hereby established.
The City Manager's Office shall be held accountable for the full
i and forceful implementation of the Minority and Woman Business
Affairs and Procurement Program by providing appropriate
recommendations for action by.the City Commission.
A. For the purpose of assisting the City Manager in
the implementation ur. saab orogrem; a Minority and Women
i
Business Affairs and Procurement Cowlttee is hereby
established, consisting of an appropriate RU40r of ■embers.• to
i
be appointed by the City Manager; with foil representation of
Hispanics, ltacks•aad Women to be responsible for monitoring the
impiewentation of the program and making recommendations for
i achieving the requirements of this Ordinance. The Committee
shalt be responsible for gonerating yearly progress reports to
the City Commission and the community at large.
i !
s. The City Manager shall, utilizing existing
f resources, create an Office of Mlinority and Women Business
Affairs mad Procurement; and shall provide the appropriate staff
and resources necessary for the performance of all such
administrative duties.;, authorise and • implesmat the
administrative guidelines mad procedures required; and ensure
j compliance with the fuactioas . required to promote the
i achievement of the program's goals and objectives of increasing
the volume of City procurement and contracts with Black.
{ Htspanie and Wowen-awned businesses.
l •
Zp082
95- �114
section a; The objective of the City is to achieve a goat
a of awarding a minimum of S1Z of the total annual dollar volume
of all procurement oxpenditures,to Blacks, Hispanies and Women-
owned business anterprises to be apportioned as follows:
seventeen percent (17Z) to Blacks; seventedn percent (17%) to
Mispani.cs and seventeen percent (17%) to Women.l
i
•A. To further the goal of increasing the total annual
j volume of all Procurement expenditures to minority and women -
owned business enterprises, authority for a minority and voaen-
owned business enterprise procurement set -aside is hereby
established for use by the City Manager as he or she nay deem
� 4
advisable or necessary to increase the participation of Slack,
Hispanic• and biome" -Owns® businesses in City procurement
I ! '
contracts.
1.0 it shall be mandatory for all City Of Miami
contracts and/or procurement award documents to contain the
fallowing:
i
U.) A specific reference to the applicability
of the !Minority rod biooen Business Affairs•:••and Procurement
Program established by this Ordinance;
y (1.) A provision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into; inciuding elimination of the individuals) and/or
business enterprise(s) from consideration and participation in
future City contracts; on the basis of having submitted
I,
deliberate and willful; false or misleading information as to
his, her or its status as a $lack, Hispanic and/or Women -owned
business enterprise and/or the quantity and/or type of minority
I
and women -Owned business participation;
i (3.) A requirement -that each successful bidder
i
ior offeror agree to•provide a sworn statement of compliance with
the provisions of this Ordinance and 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 upon their own annual sett -selection, shall be
Listed 1n only one (1) of the categories: race. ethnicity.
gender.
10pg 2
k' ._
nourse of time involved in thr erformance of the contract
.ought by such bidder or offeror; shall not discriminate against
any business, asployet 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 an* or nor* of its partners or
principals persons who are Black; Hispanic or Women; or is a'
Joint venture comprised of a man minority and minority business
and/or women -owned enterprise.
(s.9 A requirement that eachbiddersubmit along
with the bid or proposal an Affirmative Action Plan (AAP). Any
significant equity participants; joint venture participants.
sub -contractors; suppliers or ether parties to the bid or
shall also be required to submit such plans.
aJ.) A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
f*male Involvement.
Section S. Bidders or offerors shall be required to
demonstrate a reasonable and good faith effort to solicit and
obtain the participation of qualified minority and woven -owned
businesses in all bid and proposal documents.
Section 6. Except where federal - or state taw or
regulation' 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 Mtaority and Women gustneas Affairs and
Procuromment Program established herein 0411 be in effect only
until such time as the effects of prior unwarranted
discrimination against Blacks, Hispanics and Women have been
co■pinsated for, at which time the goals and set-esides•provided
for herein shall no longer be observed. Such need shall be
reviewed every two year$ by -th* City Commission. upon the
recommendation of the City Manager.
Secttan B. Ordinance No. 977S. the Minority. Procuremont
i
Program Ordinance of the City of Miami. Florida, is hereby
j repealed.
1006.2
05- j JA
S*Ction 9. Should any part or provision of this Ordinance
beldeclared by a Court of pompetent Jurisdiction to be invalid.
sam* shall not affect the validity of the Ordinance as 'a Whole..
PASSED' ON FIRST READING BY TITLE ONLY this 26thh day of
Nowwber , 1985.
PASSED AND ADOPTED DN SECOND AND FINAL 'READING BY TITLE
ONLY this 19th day of December
ATTEST:
RAYOr
All H I LKA
City Clerk
PREPARED AND APPROVED BY:
Deputy City -Attorney
APPROVED AS/ TO FORM AND CORAECTNESS:
UCIX'A.. UUUUMLKAT'"
City Attorney
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1/12/09
ORDINANCE NO. 1,,0538
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED
"FINANCE"; OF THE CODE OF THE CITY OF M�AMI,
FLORIDA, AS -AMENDED, BY REDEFINING THE TERM
"MINORITY -AND WOMEN -OWNED BUSINESS ENTERPRISE
AND DEFINING THE TERM "VENDOR" IN
SECTION 18-69; REQUIRING IN SECTION 18-72
THAT THE GOAL OF AWARDING AT LEAST FIFTY-ONE
PERCENT (51%) OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED
TO ALL CIT,' OF MIAMI BIDS AND CONTRACTS;
REVISING SECTION 18-73 TO PROVIDE THAT ALL
CITY OF MIAMI INVITATIONS, REQUESTS AND/OR
ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES,
LETTERS OF INTEREST AND/OR QUALIFICATION
STATEMENTS CONTAIN THE APPROVED
MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE)
PARTICIPATION REQUIREMENTS PURSUANT TO CITY
OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN
BUSINESS AFFAIRS AND PROCUREMENT PROGRAM;
REQUIRING THAT ALL RESULTING AWARD AND/OR
CONTRACT DOCUMENTS CONTAIN THE REQUIRED
COMPLIANCE FORMS RELATIVE THERETO; REVISING
SECTION 18-73(5) TO EXPAND • UPON THE
AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY
BIDS AND CONTRACTS; ADDING SECTION 18-76
AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO
ESTABLISH THE REQUIRED ADMINISTRATIVE
PROCEDURES TO INSURE COMPLIANCE WITH THE
CODE; FURTHER, PROVIDING FOR RESOLUTION OF
DISPUTES REGARDING. WITHHELD PAYMENTS OF
CONTRACTORS AND SUBCONTRACTORS AND FURTHER
ADDING SECTION 16-77 DESIGNATING THE DIRECTOR
OF THE OFFICE. OF M/WBE AFFAIRS AS THE CITY
OFFICIAL RESPONSIBLE FOR ESTABLISHING AND
IMPLEMENTING M/WBE BID AND CONTRACT
PARTICIPATION REQUIREMENTS, COMPLIANCE
GUIDELINES, AND MONITORING AND REPORTING
PROCEDURES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
. FF6 r 3
Pq9
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j WHEREAS, Ordinance No. 10062 dealing with Minority/Women
Business Affairs and Procurement established the annual goal of
procuring/contracting fifty-one percent (51%) with minority/women
owned and managed business enterprises; and
WHEREAS, Administrative Policy Manual 4-86 (APM 4-86),
issued October 1, 1906, provides for the administrative
implementation of Ordinance No. 10062; and
WHEREAS, it has been determined that there is further need
for legislative relief to obtain said goals, particularly as it
relates to the City's bid, proposal and contract process and the
resulting documents on a bid/contract by bid/contract basin to
achieve the annual goals;
NOW, THEREFORE, -BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDAt
Section 1. Section 18-68, is hereby amended in the
following particulars.i
"Sec. 18-68. Definitions.
Forthe purpose of this article, the following
terms, phrases, words, and their derivations shall have
the following meanings:
a . ,
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 twenty-
five (251 emplovees or have a net wo.l`th not in excess
of two million ion dollars . "
a a a
vendor means any business entity providing goods,
services or equipment to the City of Miami through a
purchase, field or blanket order or contract."
Section 2. Section 18-72(a)•, is hereby amended by adding
r• the following languages
"(a) The objective of the City is to achieve a goal of
awarding a minimum of fifty-one percent (51%) of
the total annual dollar volume of all procurement
expenditures to Black, Hispanic and Women -owned
small business enterprises to be apportioned as
follows:
Seventeen percent (171) to Blacks, seventeen
percent (17%) to Hispanics and seventeen percent
(17%) to women; such goal shall_ be applied to all
pit bids and contrncta."
Section 3. Section 18-73 is hereby amended by adding the
following language:
`Sec. 18-73. Required statementg for solicitationg or
notices: required statements on contracts
and awards.
---- - --- - - a. ••It shallbe mandato•-v for all City solicitations
or notices inviting bids- Dr000lsalR Quotes
letters of interest and/or SlUallfcatigna to
contain the ape med r q1, i rements for Wydn
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.
, Jr- - A-14
umd
...ticipation 1. tQ have thong-• 11-1
incorporated by reference. 0 with t
inclusion of re annropriate coMpl.ianc•
1 • the renulting •1 andlox • •award
documentg. The City of Miami's Office
Minority/WQmen Rusineas Affairs is to be conaultpd
prigr to the iesuanco .f -any such adve tioemento
or sollcif-Atigns for_1c purpose
• •: •11 1 1•
the recgmmende!d • .. or • •
includpd. and .. • 1 . • • the _ . 1 .1 • of
resulting • r • • aklards for1 DurMse of
yer 1 • com2liance theretg.
LLL it shall be mandatory for. all City contracts
and/or• rcurement award-documente to containthe
followingi
(5) A requirement that each bidder, pr oser. or
vendor, submit along with the bid or proposal an
' affirmative action plan (AAP). Any significant
equity participants, joint venture participants,
subcontractors, suppliers for other parties to the
bid or proposal shall also be required to submit
ti such plans.
i
! The objective of the City is to require that
bidders. proposers, and vendors doing business
rj,th the CiMi ty of ami take certain actions
designed to assure eotita Ig _participation of
BlacHispa ks. nics end Women in their hiring and
promotion activities In view of Is nblectivet
11 • . 11 - 1 4 OIZIOV Of URN711 . 1 • 1
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•r ONE . 1 1444M.0r 1.• 1.
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Section 4. The following new Section 18-76 is added in its
entirety:
1
"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. 9 � — A A. I
-3-
1U - 38
The Finance Department is mandated to institute payment
procedures which will insure, in those instances in
which the M/WBE bid or contract requirements result in
contracts, subcontracts or joint ventures for M/WBE9,
that compensation provided pursuant thereto shall be in
the form of a check made payable to the' primary
contractor, bidder or proposer, and (if appropriated
jointly) to the minority/woman business enterprise
subcontractor or joint venture partner in an amount not
to exceed the subcontracted or joint venture amount,
based upon approved invoices submitted by the prime
contractor, proposer or joint venture, to the City.
in the event a dispute should arise as to the
performance or payment of the primary contractor or
bidder/proposer or the M/WBE, under the terms and
conditions of the City contract or procurement award
document, compensation shall be withheld until such
time as the dispute is resolved in accordance with the
procedures set forth in this Chapter for resolving such
disputes.
All Administrative Directors shall amend their existing
policies and procedures or to create such new ones as
may be required to insure and report on compliance with
all aspects of this article."
Section 5. The following new Section 18-17.is added in its
entirety:
"Sec. 18-77. Designation of the Director of the Office
of Minority/women Business Affairs.
The Director of the Office of Minority/Women Business
Affairs is designated as the official responsible for
establishing M/WBE bid and contract/award requirements,
creating and implementing. compliance guidelines,
monitoring compliance, resolving disputes, and
reporting on all of the above to the City Manager."
Section 6. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance insofar as they
are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 7. if any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of January , 19 69.
A~�
XAVIER L.-SUAtEZ, Mayor
RA—VPY HIRAI
City Clerk
- .14
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1 f1S.-IP
1 •
PREPARED AND APPROVED Byl
LINDA K. KEARSO '
Assistant City Attorney
I
APPROVED AS TO FORM AND CORRECTNESSi
JOR E L. FER ANDE2
Cit Attorne
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APPENDIX C
Virginia Key Master Plan
(selected excerpts)
95- 4 A
k--
h
.w . v 2
YI
I
v
w I
E
It
b r v A A I A G D E b `d IS L K E X .I.
b IF )f u
X I ][S I 14 1 7 K E X
farine Stadium — an Irreplaceable sports facility.
95-- 414
MARINE RECREATION
The unique dimensions of Virginia
Key that distinguish it from other
public lands and recreation space in the
region are its extraordinary natural
environment, its bay setting and
unparalleled access by water for marine
recreation programs. The following land
use policies reflect the goal of
optimizing the island's marine
recreational opportunities:
1) MARINE STADIUM AND BASIN
The future of powerboat racing in
Miami is uncertain, but has enjoyed
some renewed interest with the recent
surge in recreational motorboat
sales. Given this uncertainty, there
has been consideration of
transforming all or a part of the
basin into a marina and mooring basin
for sailboats. Projected demand for
boat slips (1986 Biscayne Bay Aquatic
Preserve Management Plan) shows need
for an additional 1000 wet and dry
slips (beyond those now planned) by
the year 2000. South Biscayne Bay is
a desired location for new slips
making Virginia Key an attractive
location. It is, however,
recommended that the basin be kept
open (not converted to a marina or
mooring basin) and available for
marine competitive boating events and
water shows. The recent three year
decline in sailboat sales and
contrasting rise in South Florida
power boat ownership raises further
questions as to the viability or need
for major new sailboat mooring areas.
Additional concerns about a
conversion of the basin to a marina
involve water quality and the present
inability of tides and currents to
adequately flush the Stadium racing
basin, an important factor in marina
design. Hurricane hazards further
reduce the attractiveness of the key
for expanded wet or dry boat storage.
Alternatives exist in Biscayne Bay,
most notably Watson Island, the Miami
River, and Dinner Key, for new and
expanded wet and dry slip storage,
but no such alternative exists for
marine racing events and water shows.
To maintain the economic
viability of the stadium, the stage
(barge) should be expanded and
permanently moored in front of
stadium (to reduce major costs in
moving it). Programmed improvements
to the stadium seating area and
support facilities must be expedited.
If market analysis supports it;
expanded bleacher seating should be
provided at the sides of the stadium
(on land or floating wings) to
attract events in the +10,000 seat
range that are now lost to other
facilities in the area. Parking, a
critical need for major events,
should be expanded through joint -use
agreements with the Seaquarium and
Planet Ocean, which would yield a
potential 3000 total spaces. To
better complement with amphitheaters
to be built at Metrozoo and Bayfront
Park, and in recognition of the
proposed facility next door at the
Seaquarium, it is recommended that a
private management/promotion service
be contracted to operate the stadium.
Stadium management should join with
the Seaquarium to better schedule
events and gain advantage of natural
promotion opportunities to package
Stadium events and visits to the
Seaquarium and Planet Ocean. This
would further reinforce the proposal
for shared parking between the three
facilities. A logical extension of
the joint promotion/shared parking
arrangement would be the physical
linkage of the three facilities (4000
feet from Marine Stadium to the
Seaquarium) with an overhead tramway
or people mover (see Proposed Land
Use graphic). Major event parking
+20,000 attendance at races) or
same -day events on the island will
require remote spillover parking that
could be accomodated on the former
dump site (see preceding discussion
of Uncontrolled Land Fill Site.)
To enhance spectator viewing for
major racing events, it is
recommended that shoreline viewing
areas southeast of the stadium and
along the opposite northern shoreline
be improved through increased
landscaping, removal of exotic plants
(Brazilian Pepper, Casuarina) and
regular maintainance and trash
removal. The access road that now
follows the perimeter of the basin
from the stadium to the northwesterly
kG
basin terminus should be relocated to
►�
connect with the "treatment plant
M
access road" (see Land Use Plan
graphic), and rebuilt north of that
A tramway linkage of Marine Stadium, Planet Ocean
and the Seaquarium Is needed.
The northern shore of the basin Is needed for spectator viewing.
35
cn
e
point. This would remove the roads
shoreline conflict with the Rowing
Club and Planet Ocean, and allow for
buses and trams to bring spectators
to the basin's opposite shore for
major events.
2) COMMERCIAL MARINE SERVICES
Marine Stadium area provides for a
variety of commercial services that
enhance the public's access to and
use of the waterfront. The
accompanying graphic, Marine Stadium
Development_ Concept, provides
schematic recommendations for the
future use and organization of this
vital area. These include:
A) Reorganization of the boat_
storage area to:
a) condense this area by
converting the surface
storage of boats (Marine
Stadium Enterprises) to more
efficient rack storage.
b) utilize the easterly portion
of area now in surface boat
storage (adjacent to stadium
entrance drive) for parking
to serve Marine Stadium and
relocated food service (see
below).
c) relocate present restaurant
from the center of the
parking lot to the indented
shoreline west of Marine
Stadium (leasehold expan-
sion). Add floating docks
(that could be moved for
racing events) for the
relocated restaurant. Added
parking adjacent to the
stadium will serve the
restaurant.
d) move boat ramp to westerly
edge of indented area.
e) provide direct vehicular
access from the stadium
entrance area to the
relocated boat ramp and
Rusty Pelican/Horatios
restaurants.
f) move the Horatio's/Rusty
Pelican entrance drive
easterly twenty five feet to
allow for landscaping and
reduced pedestrian conflicts
in front of Horatio's.
A more efficient organization of the marine service area Is oeedel-
�r
g) prov.ide landscaping of basin
shoreline along entrance
drive and parking lot for
the Rusty Pelican
restaurant.
h) limit additional restaurant
facilities from the area
that would utilize boat
service parking or restrict
the space or functioning of
boat storage, maintenance,
and service activities.
Restaurants should locate next to water's edge —
not causeway.
B) Expansion of food service
facilities along the basin
shoreline easterly of the
stadium toward the Miami Rowing
Club. Within the stadium area
there is demand for a greater
variety of food services,
particularly lower cost fare.
Such facilities should not be
located along the Rickenbacker
Causeway frontage. The
aforementioned principles of use
and treatment argue against
"strip, highway commercial" as
inconsistant with the islands
public park character. The
temptation to "take advantage"
of considerable traffic and a
roadside exposure on the
causeway would not enhance the
public's "access to and use of
the waterfront", a basic
rationale for service commercial
uses. The appropriate location
would be to set them back fifty
feet from the basin edge with a
public landscaped walk and
viewing lawn along the water,
connecting a sequence of food
services to the stadium.
Spacing of structures would have
to allow for required views
through to the water (County
Shoreline Ordinance). Parking
during non-event times would be
plentiful with direct pedestrian
access to the commercial uses
from the parking lot, and during
marine racing events the food
service areas can become an
extension of event seating and
concessions.
APPENDIX D
DERM DETERMINATION
ALLOWABLE SLIPS
9 ;-{
kl
METROPOLITAN DADE CC TY, FLORIDA
METROOAOE
:J Jli- ,I i PH 2: 52
January 27,
Cesar H, Odio
City Manager
City of Miami
P.O. Box 330708
Miami, FL 33233-0708
Re: Virginia Key Marina Slip Count
Dear Mr. Odio :
This Department has reviewed your request to increase the permitted dry
rack storage capacity at Virginia Key Marina located at 3501
Rickenbacker Causeway. Our records indicate that Virginia Key Marina,
permit 9MOP-00059, is currently permitted for 250 dry rack boat slips.
This number is based on information provided to DERM in an application
submitted by Mrs. Zamora, formerly of Virginia Key Marina.
Based on further review of past practices and historical marine
activity at this facility, DERM hereby conceptually approves the
requested (46) forty-six additional dry rack boat slips. This would
bring the total number of slips at this facility to 296. This
determination was based largely on the historical use of the fenced in
area to the east of the dry rack storage area. This area was formerly
used to store boats and associated trailers to be launched at the now
closed boat ramp, please be advised that this increase in slips would
require a modification to permit #MOP-00059. When this increase is to
be realized, either by the current operator or a new one, this office
must be notified so that we can make the appropriate changes to the
existing permit, or prepare a new one.
Should you have
contact Kevin
Coordinator at
CKG:KC
any additional
Cote,, marine
372-6581.
I cc: Jack Luft, City of Miami
3e. JM5
questions concerning this matter, please
Facilities Operation Permit Program
Sinc e y
Cra g K. Grossenbacher, Chief
Coastal Resources Section
95- 4 149
EXHIBIT I.
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"
FERNANDO Z. GATELL P.L31
1700 5 W. 571n eVC"UC SUITC 219. MlAhll, FLORIDAOR105 11155
Ph. (5051 241•RS2f7 • fu 1305) 264.1218
BOUNDARY SURVEY
Tit
VIRGINIA KEY MARINA LEASE AREA
-11 1.11 1
EXHIBIT II.
DECLARATION
PROFESSIONAL INFORMATION
FINANCIAL DISCLOSURE FORMS
. 05- 4-14
k--
i
1
i
EXHIBIT II
I
DECLARATION, FINANCIAL DISCLOSURE, AND
PROFESSIONAL INFORMATION FORMS
(CONTENTS)
1 Financial Disclosure and
Professional Information Requirements
Declaration
1 _
Organizational Structure
i
j Proposer's Questionnaire
Partnership Statement
Corporation Statement
Financial Data of Proposer
;
Experience Statement of Proposer
References of Proposer
i
Proposer's Architect/Landscape Architect/Engineer's Questionnaire
Experience Statement of Proposer's
Architect/Landscape Architect/Engineer
Background Data of Proposer's
Architect/Landscape Architect/Engineer
i, •
References of Proposer's Architect/Landscape Architect/Engineer
i
Architect/Landscape Architect/Engineer's Subconsultants'
Questionnaire
1 Experience Statement of Architect/Landscape Architect/Engineer's
fi Subconsultants
Background Data of Architect/Landscape Architect/Engineer's
i
Subconsultants
j References of Architect/Landscape Architects/Engineer's
J Subconsultants
95- 414
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' schematic drawings, not to exceed 30"
x 40", should be identified by the proposer's name and address.
By submission of a proposal, the proposer acknowledges and agrees
that the City of Miami has -the' right to make any inquiry or
investigation it deems appropriate to substantiate or supplement
information contained in this section of the RFP and agrees to
execute any appropriate release and/or authorization form if
requested by the City.
I
i
:Y
i 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
j 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 May
30, 1995, entitled Request For Proposals for the Unified Development of the Virginia
Key Boatyard, Miami, Florida and addenda, if any.
Signature
Title
Name of Firm, Individual or Corporation
Signature
Title
II-2
95- �,14
kY'
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 cons ultants/subconsultants and any
additional consultants/subconsultants by name of firm or
individual, and areas of responsibility.
0 5 _ 414
4.,
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-- Aid
PARTNERSHIP STATEMENT
If proposer is a partnership, answer the following:
1. Date of organization
2. General Partnership ( )
Limited Partnership ( )
3. Statement of Partnership recorded Yes ( ) No ( }
Date Book Page' County State
4. Has the partnership done business in the State of Florida?
Yes ( ) No ( ) When?
Where?
5. Name, address, and partnership share of each general and
limited partner. (If partnership is a corporation, complete
the following page for corporation.)
General/
Limited Name Address Share
i
i
I '
1 '
6. Attach a complete copy of the Partnership Agreement.
. 95- 2U14
CORPORATION STATEMENT
If proposer is incorporated, answer the following:
1. When incorporated?
2. Where incorporated?
3. Is the corporation authorized to do business in Florida?
Yes ( ) No ( )
4. The corporation is held: Publicly ( ) Privately ( )
5. If publicly held, how'•and where is the stock traded?
6. List the following: Authorized Issued Outstanding
(a)Number of voting shares;
(b)Number of nonvoting shares:
(c)Number of shareholders:
(d)Value per share of
Common Stock:
Par $
Book $
i
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.)
j and furnish the audited financial statement required on each
i
page.
I
If said owner -corporations are owned by other corporations,
then these other corporations must also complete separate
j 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.
14
r-
l
{
i
FINANCIAL DATA OF PROPOSER
Financial Statement
' Proposer, owner -corporation proposer, and any person or business entity guaranteeing the
performance of the proposer must attach a complete report, prepared in accordance with
good accounting practice, reflecting current financial condition. The report must include
financial statements (balance sheet and income statement). The person or entity covered
1 ' by the statement must be prepared to substantiate all information shown.
j,
rety Information
Has any surety or bonding company ever been required to perform upon your default ?
Yes ( ) No ( )
If yes, attach a statement naming the surety or bonding company, date, amount of bond,
and the circumstances surrounding said default and performance.
Bankruptcy Information
Have you ever declared bankruptcy ? Yes ( ) No ( )
have you ever been declared bankrupt ? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court jurisdiction, amount of
liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending litigation, liens, or
claims involving any participant in the proposal.
II-7
I
EXPERIENCE STATEMENT OF PROPOSER
Describe in detail the duration and extent of your business experience with special
emphasis upon experience related to the development of boatyards, marinas and related
facilities. Also, state in detail the names and pertinent experience of the persons who will
be directly involved in the 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
I the development who will respond to inquiries from the City. You should also identify
your specific role in each project.
i-
I
II-8
95- 41
ky_
REFERENCES OF PROPOSER
List four persons or firms with whom you have conducted business
transactions during the past three years. At least two _of the
references named are to have knowledge of your debt payment
history. At least one reference must be a financial institution.
Reference No. 1
Name:
Firm:
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.:
- 4�.
;,
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.: -
9;'--)- zlI`
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
0
9 5 - 4{14
EXPERIENCE -STATEMENT OF
PROPOSER'S ARCHITECT./LANDSCAPE 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- A4
uretv Information
Has any surety or bonding company ever been required to perform
upon your default? Yes ( ) No ( )
If yes, attach a statement naming the.surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
BankruAtcv 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- ild-
I
REFERENCES OF PROPO�R' S A$S'Hy�',CT.ILANQSCAPE ARCHITECT./ENGINEER
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
- Name:
i
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone: -
Nature and magnitude of business association:
!114
ARCHITECT/LANDSCA_PE ARCHITECT/ENGINEER'S
SUBCONSULTANTS' QUESTIONNAIRE
For each subconsultant or subconsulting firm, please provide
the following information.
Name:
Address:
Telephone:
Discipline:
Name of principals and their titles who will be chiefly
responsible for the project:
Name Title
Name Title
A 14
k,
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to the development of boatyards, marinas and related facilities. Also,
state in detail the names and pertinent experience of the principals who will be directly
involved in the project.
In addition, please also include photographs or other illustrative material depicting
projects that will demonstrate your qualifications for the project identified as well as for
persons familiar with the development who could respond to inquiries from the City.
You should also identify your specific role in each project.
II-16
Qr'� �"14
Surety Information
Has any surety or bonding company; ever been required to perform
upon your default? Yes ( ) No { )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
} Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
REFERENCES OF
CHITECT/r.A•..NDSCAPE ARCHITE T, /ENGINEER ' S SUBCONS rt,TANTS
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. I
7
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No, 2
Name:
Firm:
Title:
Address:
Telephone: -i�1
Nature and magnitude of business association:
PR0 OSER'S GENERAL C'ONTRAGTOR OR CONSTRUCTION MANAGER QUESTIONNAIRE
Name:
Street
Address:
Mailing
Address:
Telephone:
Professional Regitration Number:
Name of principals and their titles who will be chiefly
responsible for the general contracting or management of the•
construction project:
Name Title
Name Title
II-19
POSER'
Describe in detail the duration and extent of your business experience related to the
development/construction of boatyards, marinas and related facilities. Also, state in
detail the names and pertinent experience of the principals who will be directly involved
in the project.
In addition, please also provide photographs or other illustrative material depicting
projects that will demonstrate your qualifications and 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-20
5- 414
i
BACKGROUND DATA OF PROP ,SER'S GENERAL CONTRACTOR OR CONSTRUCTION
i
MANAGER
Surety Information
Has any surety or bonding company ever been required to perform
upon your default? Yes ( i ;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 ( )
i
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
i
proposal.
i •
i
i
95- 4114
REFERENCES OF PROPOSERS GENERAL CONTRACTOR OR CONSTRiTMON
MANAGER
List two persons or firms for whom you have completed projects
during the past three years. -
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm.
Title:
Address:
i Telephone: (e�
Nature and magnitude of business association:
i
i
. 95-- C 4
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
U
Title
Title
9"-- 414
Describe in detail the duration and extent of your business experience in the operations
and management of boatyards, marinas and related facilities. Also state in detail the
names and pertinent experience of the persons who will be directly involved in
development and management of the facilities and your percentage ownership, and any
such facilities which you currently manage.
In addition, please also provide photographs or other illustrative material depicting
projects that will demonstrate your 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- 4,14
k�
• ;,
Surety Information
Has any surety or bonding company ever been required to -perform
upon your default? Yes ( ) No ( )
If yes, attach a statement naming;the surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
Bankruptcy information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
TT-?S
95-- 414
k--
REFERENCES OF pROpOSER'S OPERATIONAL MANAGER
List two persons or firms for whom you have managed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
II-26
95- 414
�,r
OPERATIONAL MANAGER'S
SUBCONSULTANTS' 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
9 5 -- 4 -1 4
LEM
TO f%nT7n A TTf%XT A T 1I A1TA fll-l1
Describe in detail the duration and extent of your business experience in the operations
and management of boatyards, marinas and related facilities. Also state in detail the
names and pertinent experience of the persons who will be directly involved in
development and management of the facilities and your percentage ownership, and any
such facilities which you currently manage.
In addition, please also provide photographs or other illustrative material depicting
projects that will demonstrate your 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- 414
BACKGROUND DATA OF
QPERATIONAL MANAGER'S SUBCONSULTANTS
uretv Information
Has any surety or bonding company ever been required to perform
upon your default? Yes ( ) ,No ( )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the Eircumstances surrounding said
default and performance.
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detalli?d•information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
II- 29
• 95- 114
REFERENCE
OPERATIONAL MANAGER'S SUBCONSULTANTS
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.
Name:
Firm:
Title:
Address:
Telephone: (�
Nature and magnitude of business association:
"- 414
,r.
EXHIBIT III.
MINORITY PARTICIPATION FORMS
AND
OFFICE LOCATION AFFIDAVIT
95- 114
kr
MINORITY PARTICIPATION DOCUMENTATION
NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(S):
a) List principal business addreas: (street address)
.7
b) List all other offices located in the State of.Florida:
(street address)
i
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) 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)
[ J Black ( ) Hispanic ( ) Female
AFFIRMATIVE ACTION PLAN'*
If firm has an existing plan, effective date of
implementation If firm does not have an
• existing plan, the Successful Proposer(s) shall be required to
establish an Affirmative Action Policy, pursuant to Article. IV.
1 5f Sections 18-67 -18-77 of the City of Miami Code.
Proposer:
Signature:
(company name)
' 95- z114
k—.
CITY OF MIAMI, FLOR- 4
MINORITY STATUS INFORMATION SHEET
MINORITY CLASSIFICATION AND PARTICIPATION
Please check one box only and complete any and all sections applicable t
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 Participatio
within firm(s), or as it may apply. Indicat
Minority/Women Classification of each company:
A. JOINT VENTURE: Provide information regarding Minority/Women firm
participating and the extent of participation.
B. SUBCONSULTANTS: ; Provide information regarding Minority/Women fire
participating and the extent of participation.
MINORITY PROCUREMENT COMPLIANCE/AFFIRMATIVE ACTION FORM
NAMES OF COMPANY OWNER(S):
NAMES OF COMPANY OFFICER(S):
a) List principal business address: (street address)
b) Dist all other offices located in the State of Florida:
(street address)
Name of individual holding license in this profession (if
applicable):
M114ORITY P ,WUREMEVT C4 Py,I14 _QE
The underaigned proposer acknowledges that (s)he has received a copy of
Ordinance 410062 as amended, the Minority Procurement ordinance of the City of
Miami and agrees to comply with all applicable subetanL•ive and procedural
Provisions therein, including any amendments theeeto.
Proposer:
Signature;--..
(cmpany name)
Date: Print Name:
Indicate if Business is 51% Minority -owned: (Chock ane box only)
[ ] BLACK HISPANIC [ ] FEMALE
ALURMATIVE ACTjM P40U
If firm has an existing plan, effective dnte of implementation:
Must be included as part of submission.
If firm does not have an existing plan, the Succeseful Propoeer(a) shall be
required to establish an Affirmative Action Policy, pursuant to Ordinance
110062 as amended. see sample.
Proposer:
Signatures
—(company name) _
� — d14
k�-
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)
41
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 (519.) ownership and management requirement for
minority/women registration status and will abide by all of the policies and
regulations governing the City of Miami Minority and Women Business Enterprise
Procedures;
_ 2) that if at any time information submitted by the undersigned applicant in
his/her Vendor Application should prove to be false, inaccurate, or
misleading, applicant's name will be struck from the City of Miami's Master
Vendor list with no further consideration given to this applicant;
3) that the City of -Miami maintains the right, through award of bid/contract, to
revoke the award, should it be found that false, inaccurate or misleading
information or a change in the original information have occurred;
4) to notify the City of Miami within thirty (30) days of any change in the
firm's ownership, control, management or status as an ongoing minority/women
business concern as indicated on the Vendor Application, and that the City of
Miami, upon a finding to the contrary, may render a firm's registration with
the City null and void and cease to include that firm in its registered list
of minority and women -owned businesses;
5) that the City of Miami has a right to diligently verify all information
submitted by applicant in his/her Vendor Application to monitor the status of
the Minority/Women Business Enterprise, once registered;
6) that the City of Miami may shdre a firm's registration information, concerning
its minority/women status and its capability, with other municipal or state
agencies for the sole purpose of accessing the firm to their procurement
opportunities, unless otherwise specified by the firm in writing.
I (We) certify under the penalties of perjury that the information contained in any and all
application documents submitted to the City of Miami is correct as per Ordinance No. 10062 as
amended.
Firm Name:
(If signing as a corporate officer, kindly affix corporate seal)
(Name, Title & Date) (Name, Title & Date)
This application must be signed by at least one general partner of a partnership or the
proprietor of a sole proprietorship or all partners of a joint venture.
j NOTARIZATION
COUNTY, SS
COUNTY OF DADE
Date:
That personally appeared
acknowledged the foregoing instrument as his/her act and deed.
! That he/she has produced
as identification.
before me and
NOTARY PUBLIC:
_ or)- 4-.4
.�SY OIJ.
Citv of Miami
Fes•
� wwl w11i � PRIMARY OFFICE LOCATION
Affidavit
Please type or print clearly. This Affidavit must be completed in full, signed and notarized for local preference consideration.
Legal Name of Firm:
Entity Type: (d,edc one bo. only) O Partnership
.
O Sole Proprietorship ❑ Corporation
Corporation Doc. No:
Date Established:
Occupational License No: Date of Issuance:
-:�� �,:�;�;asA�':,�`h,P�rtiaryrOj(ce,i.Ocahon Ptitici{iat�„�st�tilr5(lmbntA{the,bolder/p�„oposer)„„�{.,,�,�;,,�R�.�I�,�P���,�:
Strdet Address:
r
z
w
W
LU
City-.
State:
How long at this location:
a.
CD
Street Address:
0
W
City.
State:
How long at this location:
ac
a
According to the City of Miami's Charter 29-A as amended:
All contracts --hall 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.
1 (we) certify, under penalty of perjury, that the primary office location of our film 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 Q Personally known to me; or
Subscribed and Sworn before me that this is a true statement this day of 199 ❑ Produced identification:
Notary Public, State of Florida �•<,...r
lV1
Printed Name of Notary Public My Commission Expires
Please submit with your bid, copies of occupational License, professional and/or trade License to verity local status. The City of Miami,
also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other document(s) to verify
the location of the frrm's primary office.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE : FILE
of the 'ty Commission
SUBJECT
Amendments to Virginia Key
Boatyard Property RFP
FROM : REFERENCES:
Cesar H. Odio
City Manager ENCLOSURES:
I respectfully request that the City Commission incorporate the following proposed
amendments to the Draft RFP for the Virginia Key Boatyard Property being considered at
the City Commission Meeting of May 25, 1995.
Section II Lease Term (page 61
Add to the end of the first sentence of this section:
"The City will enter into a lease agreement with the selected proposer for the
development of the Property described herein for a maximum terni of up to thirty (30)
years, -pith two options to extend for a period of five years each provided the lessee -is -not
in default."
Section II F. Financial Return to the City (page 6)
Add to the end of the second paragraph of this section:
"Proposers are advised that the above listed percentages are the minimum required for
proposal submissions and will be subject to negotiated increases in the final lease terms,
depending on the extent and quality of improvements proposed. The estimated cost of
the improvements for this project is $1,500,000 1f the proposer invests in excess of the
estimated proiect improvement cost of $1 500,000, the City will consider a deferral of a
-Section IV, B. Use (a) Principal Use (i) Boat Yard Facility (page 13)
Insert in the first sentence:
"A boat yard facility which offers boat hauling, dry rack storage of up to 296 vessels (Qr
the maximum perniitted by law), cleaning, minor repair..."
95- 414
LIM
Section IV B. Use (b) Ancillary Uses (i) Optional Marine -Related Retail
.Space and User Convenience Services (page J
Change the third paragraph as follows:
"Up to a maximum of 4-,900 3.000 sq. ft, of convenience market food and beverage sales
(packaged, not prepared) will be permitted."
Section W.-C. Proposed Site Improvements (page 15)
Insert in the ninth paragraph, at the end of the first sentence the following:
"No permanent wet slips or overnight docking of vessels will be permitted unless
otherwi5permitted by law."
If you have any questions or require any further information, please contact me.
95- 414
�r
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 2
To : Honorable Mayor and Members DATE MAY 15 1995 FILE
of the City Commission
SUBJECT Resolution Authorizing Issuance of
RFP for Virginia Key Boatyard
Property UDP
FROM : CeS er REFERENCES' for City Commission
City ENCLOSURES: Meeting of 5/25/95
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the issuance of a Request For Proposals ("RFP") on May 30, 1995, in substantially
the form attached, for a Unified Development Project ("UDP") consisting of the development of
a boatyard facility and optional ancillary marine -related retail and recreational uses on
approximately 6.632 acres of City -owned waterfront property located at 3501 Rickenbacker
Causeway, Virginia Key, Miami, Florida as required by the City Charter and Code for Unified
Development Projects.
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 April 27,1995, by Resolution No. 95-xxx, the City Commission declared the development of
a boatyard facility and optional ancillary marine -related retail and recreational uses on
approximately 6.632 acres of City -owned waterfront property, located at Virginia Key, Miami,
Florida, a UDP as required by City Charter Section 29-A(c) and City Code Section 18.52.9.
In accordance with City of Miami Charter Section 29-A(c) and City Code Section 18.52.9, the
City Commission has scheduled a public hearing for May 25, 1995, to take testimony regarding
the contents of the RFP, and consider its issuance on May 30, 1995. Furthermore, the Charter
and Code requires that a certified public accounting firm be selected and a review committee be
appointed to evaluate proposals to be received in response to the RFP.
95- 414
� -1
Honorable Mayor and Members
of the City Commission
Page: 2
At this time, we are seeking statements of qualifications from certified public accounting firms
certified by the City of Miami as Minority Women Business Enterprises (M/WBE). A
recommendation will be made to the City Commission at a later date regarding the selection of a
certified public accounting firm and the appointment of individuals to a review committee for
this UDP project.
Attachment:
Proposed Resolution
Draft RFP
a
95- 414
SENT BY: DEV/HOL'S11G-ASSET AT: 5-10-95 : 14:48 : CIT 2/
CITY Of MIAMI, rLORIDA
INTER -OFFICE MEMORANDUM
Matty Hirai DATE: May 11, 1995 I -ILL .
City Clerk
sulwrr;T
Advertisement for
Jack Luft Public Hearing
FROM : Assistantqings
REFERENCES: May 25, 1995
Departmeel pment
1 NCI ORMIII S
and Hou rvation
On April 27, 1995, the City of Miami Commission scheduled a public hearing for
May 11, 1995 in connection with the Unified Development Project ("UDP")
consisting of the development of a boat yard and ancillary uses on City -owned
property located at 3501 Rickenbacker Causeway, on Virginia Key. Today, the
Commission will be asked to postponed said public hearing to May 25, 1995.
Please advertise the attached public hearing notice on May 15, 1995.
95- 414 3
h SENT BY:DEWHOUSING-ASSET MGMT: 5-10-95 : 14:49 CITY OF MIAMI" R 3.'
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC NEARING HAS BEEN SCHEDULED FOR THE
CITY COMMISSION MEETING OF MAY 259 1995 AT 10:00
A.M. TO TAKE TESTIMONY REGARDING THE
CONTENTS OF THE DRAFT RFP FOR THE
DEVELOPMENT OF THE VIRGINIA KEY BOATYARD
AND ANCILLARY USES ON CITY -OWNED
WATERFRONT PROPERTY LOCATED AT 3501
11tICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI,
FLORIDA. AT THE CONCLUSION OF THE PUBLIC
HEARING, THE CITY COMMISSION WILL CONSIDER
AUTHORIZTNG THE ISSUANCE OF THE RFP, AND TIRE
APPOINTMENT OF MEMBERS TO A REVIEW
COMMITTEE 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
any matter to be considered at this hearing, that person shall
ensure that a verbatim record of the proceedings is made
including all testimony and evidence upon which any appeal
may be based.
MATTV HIR.AI
CITY CLERK
CITY OF MIAMI, FLORIDA
95- 414