HomeMy WebLinkAboutR-95-0415J-95-463
5/25/95 r t
RESOLUTION NO.
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 BOTANICAL GARDEN ATTRACTION
AND RELATED USES ON APPROXIMATELY 19 ACRES OF CITY -
OWNED WATERFRONT PROPERTY LOCATED AT WATSON
ISLAND, 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 February 9, 1995, pursuant to Resolution No. 95-99, the City
Commission determined that the development of a botanical garden attraction and related
uses, on approximately 19 acres of City -owned waterfront property, located at Watson
Island, Miami, Florida, would best be accomplished using the UDP process; and
OF
MAY 2 5.
Besolution No.
4
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members
of the City Commission
FROM : Ces 1
City er
RECOMMENDATION:
DATE : MAY 15 1995
FILE :
SUBJECT Resolution Authorizing Issuance of
RFP for Watson Island Botanical
Garden Attraction UDP
REFERENCES: for City Commission
ENCLOSURES: Meeting of 5/25/95
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the issuance of a Request For Proposals ("RFP") on May 29, 1995, in substantially
the form attached, for a Unified Development Project ("UDP") consisting of the development of
a Botanical Garden Attraction and related uses on approximately 19 acres of City -owned
waterfront property located at Watson Island, 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 February 9,1995, by Resolution No. 95-99, the City Commission declared the development
of a Botanical Garden Attraction and related uses on approximately 19 acres of City -owned
waterfront property, located at Watson Island, 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 29, 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- 4.15
3-1
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
95- 415
i
i CITY OF "I.AM1-� 1/
SENT BY:DEV/HOL'S1RG-ASSET MGMT; 5-15-95 � 16:08
i
CI t Y or MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Malty Hirai
City Clerk
r I IoM : Herbert .I. Bailey
Assistant City Manager
Department of Developm
°ATIF ' May 16, 1995 Her
SUBJECT : Request for Advertisement
Public Hearing
for UllP process
REFERENCES :
ENMOSIIIII S
The Department of Development, through Resolution No. 95-99, was authorized to prepare a draft RFP
for the Watson Tsland Botanical Garden Attraction IJDP, part of this authorization scheduled a public
hearing to take testimony regarding the contents of this draft RFP. The public hearing to take testimony,
etc, on this RFP has been rescheduled as of the last Commission meeting on May 1 1, 1995.
The attached "Notice of Public Hearing" for this project schedules the public hearing for the
Commission meeting of May 25, 1995 at 10:00 a.m.. 'Therefore, the Department of Development Is
requesting that your Office issue this advertisement appropriately. The following account can be
charged for the cost of advertisement, No. 590101.287. Thank you for your prompt attention and
cooperation in this matter.
95- 41.5
WHEREAS, pursuant to the aforementioned Resolution, it was determined that
said UDP for a botanical garden attraction and related 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. 95-99 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.m. 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;
t NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
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.
95- 415
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 botanical
garden attraction and related uses on approximately 19 acres of City -owned waterfront
property located at Watson Island, Miami, Florida.
Section 3. This Resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this 25th day of May , 1995.
ATTEST:
PREPARED AND APPROVED BY:
LINDA K. KEARSON -
ASSISTANT CITY ATTORNEY
W 100:csk:LKK
APPROVED AS TO FORM
AND CORRECTNESS:
95-- 415
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REQUEST FOR
UNIFIED DEVELOPMENT PROPOSALS
FOR TIE
WATSON ISLAND
ATTRACTION
WATSON ISLAND
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 Ill., City Attorney
Prepared by:
Department of Development & Housing Conservation
Development Division
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 579-3366
Proposals Due: 2:00 p.m. Tuesday, August 29, 1995 .9 r; — A S. 5
(r�i#fir af 4`tttaiati
CESAR H. Owo
CITY MANAGER
May 30, 1995
Ladies and Gentlemen:
P. O. BOX 330708
MIAM1, FLORIDA 33233-0708
305-250—S400
FAX 305-28S-1835
Thank you for your interest in the Unified Development of a Botanical Garden Attraction, and
related uses on approximately 18.6134 acres of City -owned, waterfront property and adjacent
baybottom land located at Watson Island, 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., Tuesday, August 29, 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.
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May 30, 1995
Page Two
Furthermore, until such time as a lease agreement is executed, the selected proposer shall not
have any vested rights, nor title or interest in the Property or to the development proposed
thereon.
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 proposal entity and/or its consultants
subsequent to the submission deadline.
Contact with the City, except for public hearings and presentations, regarding this RFP or any
aspect of a proposal by a proposer or any representative of a proposer shall be limited to the City
Manager or his designee, Herbert J. Bailey, Assistant City Manager, until such time as the
selected proposer is determined by the City Commission. All questions or requests for additional
information should be addressed in writing to Herbert J. Bailey, Assistant City Manager, City of
Miami, Department of Development & Housing Conservation, 300 Biscayne Boulevard Way,
Suite 400, Miami, Florida 33131. Any response to such questions or requests that could
potentially impact proposals will be furnished to all proposers in the form of an addendum.
The City will conduct a Proposal Pre -Submission Conference on Wednesday, June 28, 1995
10:00 a.m., at the Department of Development offices to explain the requirements of this
RFP and provide an opportunity for prospective proposers to raise questions and/or issues
pertaining to this RFP. While attendance at the Pre -Submission Conference is not a condition for
offering proposals, all prospective proposers are invited to attend.
Proposals must be delivered to Walter J. Foeman, City Clerk, (First Floor Counter), City
Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m. Tuesday, August 29,
1995. A list of proposers will be made public on that day.
Since ly,
Cesar H. Odio
City Manager
95- A- 15
TABLE OF CONTENTS
I. PUBLIC NOTICE
Rue
II. OVERVIEW
A. Introduction.....................................................................................2
B. Location and Characteristics...........................................................3
Figure 1. Regional Location Map .............................
after page 3
Figure 2. Area Location Map ....................................
after page 3
C. Site Description.............................................................................3
Figure 3. Site Location Map ......................................
after page 3
Figure 4. Existing Conditions ....................................
after page 4
D. Current and Proposed Infrastructure Projects.................................5
Figure 5. Infrastructure Projects .................................
after page 5
E. Appraised Value.............................................................................7
F. Lease Term......................................................................................7
G Financial Return to the City.............................................................8
H. Taxes...............................................................................................8
I. Zoning...............................................................................................9
J. Unified Development Proposal
Selection Process........................................................................10
K. Unified Development Schedule......................................................I I
III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS
A. Declaration as a Unified Development Project...............................12
B. Commitment of Funds.....................................................................12
C. Commitment of Property.............................................................
13
D. Commitment of Services.................................................................15
E. Execution of Contracts....................................................................15
F. Right of Termination........................................................................15
IV. DEVELOPMENT PROPOSAL REQUIREMENTS
A. Development Objectives.................................................................16
B. Use...................................................................................................17
C. Proposed Site Improvements and Public Amenities .......................19
Figure 6. MacArthur Causeway Bridge Underpass ....... after page 19
Figure 7. Heliport Master Plan......................................after
page 19
D. Permitting and Licensing................................................................22
E. Estimated Construction Cost...........................................................22
F. Financing Strategy...........................................................................22
G. Development Schedule...................................................................23
H. Composition of the Development Entity........................................23
I. Development Proposal Contents......................................................25
J. Method of Operation........................................................................27
K. Minority Participation.....................................................................27
V. PROPOSAL SUBMISSION REQUIREMENTS
A. Submission Procedures...................................................................28
I
TABLE OF CONTENTS
~� (Continued)
VI. EVALUATION CRITERIA
A. Initial Review..................................................................................29
B. Review Committee Evaluation.......................................................30
C. CPA Firm Evaluation......................................................................33
VII. TERMS AND CONDITIONS TO BE INCLUDED IN
LEASEAGREEMENT.......................................................................34
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 10062 and 10538
APPENDIX C. Watson Island Master Plan (selected excerpts)
EXHIBIT I. Sketch of Survey (includes Legal Description)
EXHIBIT II. Declaration, Professional Information, and Financial Disclosure Forms
EXHIBIT III. Minority Participation Forms
EXHIBIT IV. Biological Assessment of Submerged Lands
EXHIBIT V. Watson Island Deed
9"- 115
I. PUBLIC NOTICE
The City of Miami is seeking Unified Development Project Proposals for the development of a
Botanical Garden Attraction and related uses on as much as approximately 18.6134 acres of
City -owned waterfront property and adjacent baybottom located at Watson Island, 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 total acreage of the Property is approximate& 18.6134
acres approximately 161109 acres ofnland and 2.3025 acres of bay bottom submerged lands.
All proposals shall be submitted in accordance with the Request for Proposals document (RFP)
which may be obtained from the City of Miami Department of Development and Housing
Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, (305) 579-3366.
This document contains detailed and specific information regarding the parcel of land
contemplated for development, the uses the City is seeking, the submission requirements and
selection procedures pertinent to this Unified Development Project.
The City will conduct a Proposal Pre -Submission Conference on Wednesday, June 28, 1995,
10:00 a.m. at the Department of Development offices. While attendance at the Pre -Submission
Conference is not a condition for offering proposals, all prospective developers are invited to
attend.
Proposals must be delivered to Walter J. Foeman, City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133 by 2:00 p.m., Tuesday, August 29, 1995, a list of proposers will be
made public on that day.
The successful proposal will be subject to the provisions of City Charter Section 29-C of the City
of Miami, which states that any subsequent lease of the subject Property shall be approved by a
majority of the votes cast by the electorate at a referendum to be held at the next regularly
scheduled general election.
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
9 5 - 4.15
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 Botanical Garden Attraction and related
entertainment based and ancillary uses. The Property, located at Watson Island, Miami (the
"Property"), is comprised of a total area (upland and baybottom) of approximately 18.6134 acres.
On February 9, 1995 the City Commission adopted Resolution No. 95-99, declaring that the
most advantageous method to develop certain improvements at the Property is through the
Unified Development Project ("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. 95-415 authorizing the
issuance of this Request for Proposals (the "RFP") on May 30, 1995, as required by the City
Charter and Code sections regarding UDPs. Pertinent legislation referenced herein is included in
Appendix A.
Proposals submitted in response to this RFP shalt include planning and design, financing, and
construction of proposed improvements appropriate to the character of the site and the
Downtown/Watson Island waterfront. The Property, owned by the City, is to be developed,
leased, operated, managed, and maintained, at no cost to the City, by the selected proposer who
is chosen by the City Commission to develop the Property under a lease agreement with the City.
Any lease agreement entered into for the development of the Property must comply with the
requirements of Section 3 (f) (iii) of the City Charter included herein for reference in Appendix
A.
The City will conduct a Proposal Pre -Submission Conference on Wednesday, June 28, 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. At the conclusion of
the this meeting City staff will conduct a tour of the site and existing facilities for those who
wish to attend.
Proposals must be delivered to the Office of the City Clerk, (First Floor Counter) City Hall, 3500
Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Tuesday, August 29, 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
95- dis
Unified Development Projects. Any proposal deemed to be non -responsive or not responsible by
not substantiating the financial capability of a prospective proposer, or not meeting the minimum
requirements of this RFP at any time prior to the completion of the Unified Development Project
evaluation process and the signing of a lease agreement, may be rejected. In making such
determination, the City's consideration shall include, but not be limited to, the proposer's
experience, capability of the Development Entity, the dollar amount return offered to the City,
the proposer's financial qualifications, the overall design of the proposed development, the extent
of minority participation, and the evaluation by the City of all information submitted in support
or explanation of the proposed development of the Property. Furthermore, until such time as a
lease agreement is executed, the selected proposer shall not have any vested rights, nor title or
interest in the Property or to the development proposed thereon.
Right To Reject all Proposals
Pursuant to City Charter Section 29-A, sub -section (c), the City reserves the right to reject all
proposals and the right to terminate the UDP process. The City additionally reserves the right to
terminate any 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 such contract
awarded under subsection (c) Unified Development Projects, of Charter Section 29-A.
B. Location and Characteristics
The Property to be developed is located on Watson Island, an 86 acre man-made island, one-half
mile east of the City's mainland, as shown in Figure 1. "Regional Location Map" and Figure 2.
"Area Location Map". Watson Island is entirely publicly owned and consists of a number of
man-made facilities and environments ranging from local marine boating clubs, public park
lands, a Japanese garden, a heliport and Chalk's International Seaplane Base.
Along MacArthur Causeway to the east of the Property is Miami Beach, an area known for its
famous South Beach historic "Deco District" featuring Ocean Drive and some of Miami's most
prominent night spots. Directly to the west is downtown Miami, the largest international
banking center in the southeastern U.S. and largest retail district in South Florida. To the south
of the Property, across the Mac Arthur Causeway and Government Cut waterway is the Port of
Miami, the largest cruise passenger port in the world and fourth largest container cargo port in
North America.
C. Site Description
(a) Location
As shown in Figure 3. "Site Location Map," the Property is bordered on the south by the
MacArthur Causeway (I-395) with direct access to I-95, Miami International Airport,
Miami Beach, and Downtown Miami, and Government Cut, a direct deep water (40'
depth) access channel to the Atlantic Ocean. To the north of the Property is the leasehold
95- 415
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SITE
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site of the Miami Yacht Club and then Biscayne Bay and the Intercoastal Waterway.
Adjacent to the Property on the east is the leasehold site of the Miami Outboard Club. To
the southwest of the Property is the MacArthur Causeway bridge, a bascule bridge being
reconstructed as a high-level, fixed -span bridge with an estimated completion in winter
1996. Across the MacArthur Causeway on the south side of the island is the proposed
leasehold site for the Watson Island Mega Yacht Marina, the Chalk's Airline Seaplane
Base (the oldest airline in the world serving the Florida Keys, the Bahamas and the
Caribbean) and the proposed surface parking facility of approximately 10 acres.
(b) Area
The total acreage !2 the Prouty is approximately 18 6134 acres a.p42roximate1y
16.1109 acres of inland and 2,5025 acres gfay bottom submerged lands Included in
this acreage is the ananese Gardens (agnroximately 1 acre).
A public access roadway will (upon completion of the new causeway bridge) cross under
the bridge and link the north and south sides of the island. The leasehold Site does not
include the roadway right-of-way which will be 35' in width.
(c) Property Improvements
Existing property improvements are shown on Figure 4, Existing Conditions. Some or all
of the existing publicly owned improvements may be included in the future leasehold,
subject to negotiations. Existing facilities include:
• The Ichimura-Miami Japanese Garden, an approximately one acre site featuring
authentic Japanese style site planning and landscaping. Includes a scenic pedestrian
pathway and bridge, benches, statues and wooden pavilion. Please note that the name
of this facility may not be altered and that the City reserves the right to require the
successful proposer to provide separate public access to this facility.
• The Brown House, a designated National Register Historic Structure.
• One small restroom/storage building.
(d) Existing Utilities
A 20" and 12" water main lies 13' south of the centerline of the old causeway right-of-
way (public access roadway adjacent to existing Botanical Garden). A 36" water main
lies adjacent to the south right-of-way line of MacArthur Causeway.
Telephone lines are buried approximately 3' outside the north and south right-of-way
lines of the old causeway on the south side of the island.
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No sanitary sewers currently exist on the island, however, the City is currently designing
a force main that will follow a subaqueous bay crossing from the mainland (north side of
Bicentennial Park) along the south side of the new fixed span bridge to the island in the
vicinity of the north end of the existing Botanical Garden.
(e) Biological Survey of Baybottom
A biological survey of the submerged land area of the north side of the island was
commissioned by the City of Miami and conducted by the Dade County Department of
Environmental Resources Management on July 6 and September 1, 1994. The findings
of the survey revealed that the north side baybottom consists of a number of "epibenthic
communities" or seagrasses and that the area is frequented by manatees. The full text of
the Biological Assessment CC94-176 is included in Appendix Exhibit IV. - Biological
Assessment,
The Property and facilities will be open for inspection to prospective proposers by
appointment only. Contact Eduardo Rodriguez, Director of Asset and Capital
Improvements Management, at telephone (305) 372-4640 for an appointment.
D._Current and Proposed Infrastructure / Improvement Projects
Several major infrastructure and development improvement projects on Watson Island are
currently underway or in the active planning phases. As illustrated on the accompanying map
Infrastructure Prpects, Figure 5, these include:
(a) MacArthur Causeway Fixed Span Bridge - Currently, the MacArthur Causeway
connection to Watson Island from Interstate 395 relies on a bascule bridge over the
Intracoastal Waterway that opens regularly except during rush hours. The traffic delays
from bridge openings are substantial, and on peak weekend periods, traffic to and from
Miami Beach can suffer 30 minute to 1 hour delays. A new fixed span (65' clearance)
bridge will eliminate these delays and is due to be completed in 1996.
Just as significantly for Watson Island, the new bridge is raised on piers for 200 feet into
the island to allow a two lane roadway and surface parking to be placed beneath the
bridge structure (see Figure 6, MacArthur Causeway Bridge Underpass). This roadway
will link the two sides of Watson Island, thus allowing elimination of the existing at -
grade intersection that serves as the traffic access and egress point for the island. With
the two sides of the island linked, all traffic exiting or entering the island will do so on
ramps that require only a right turn merging movement as in an expressway interchange.
Current dangerous and difficult left turn movements crossing opposing lanes of traffic
will be eliminated as would the need for a signalized at -grade intersection.
(b) Sanitary Sewer Force Main - Watson Island has never been linked to the regional
sanitary sewer system. All sanitary facilities on the island are served by septic tanks.
The City of Miami will begin final design, construction drawings and permitting for the
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extension of a sanitary sewer force main to the island in early 1995 with a projected
construction completion date in 1996.
(c) Miami Municipal Heliport -Currently located within the proposed project site for
the Mega Yacht Marina is a heliport consisting of two helipads, offices and hangars. The
City has recently completed, with the assistance of the Federal Aviation Administration, a
master plan (see Heliport Master Plan, Figure 7) for the relocation and improvement of
the heliport to a site immediately east of Chalk's Airline and adjacent to the Government
Cut shoreline. This relocation is proposed for 1996.
(d) Watson Island. Mega Yacht Marina - On the south side of the island adjacent to the
MacArthur Causeway and Biscayne Bay, an approximately 15 acre site (with 14 acres of
baybottom) is planned for a Mega Yacht Marina with shoreside retail and support
services. This project includes, as an option within the available development program,
the construction of a Hotel up to 300 rooms and any ancillary retail services necessary.
The marina is proposed for the use of "mega yachts", vessels that exceed 50 feet or more
in length. The shoreside support services and marine -related retail cannot exceed 50,000
square feet in size, including restaurants up to 30,000 square feet (including at least one
for formal sit down dining). This proposed project is currently in the form of an
issued Request for Proposals document and proposal submissions are due August 1,
1995.
(e) Port of Miami Tunnel - Currently in the preliminary design phase are plans for the
construction of a four lane tunnel from Watson Island to Dodge Island to connect
Interstate 395 directly to the Dade County Seaport. The approximate tunnel alignment
and construction easements are illustrated on Figure 5. Of significance to this project is
the "Maintainance of Traffic" plan for temporarily realigning MacArthur Causeway to
allow for construction of the tunnel. This M.O.T. route crosses the easternmost portion
of Parcel B. Funding for final construction design is presently being applied for by Dade
County. Preliminary schedules project a possible start date for the tunnel project, if
construction funding is obtained, by 1998-2000 and completion within five years of the
start date.
(f) East-West Mass Transit Rail Line
A second phase extension of the existing Metrorail mass transit rail system is currently in
the preliminary design and alignment alternatives phase. A light rail technology is
currently projected to extend to Miami Beach across the MacArthur Causeway. Early
design concepts project a separate structure supporting the rail line adjacent to the south
side of the new fixed -span bridge. The City of Miami has asked that a station be included
on Watson Island and located near the island side bridge terminus. A definitive
alignment, station location and construction timetable is not available at the time of
publication of this RFP.
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(g) Reservation
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.
With respect to (b) Sanitary Sewer, any lease executed pursuant to this R.F.P. will
contain a provision which will at a minimum provide: "Delay - For the purpose of any of
the provisions of this proposed Lease, the City shall not be considered in breach of or in
default in any of its obligations, including but not limited to the preparation of the Leased
Property for development, or the beginning and completion of construction of
infrastructure improvements, or progress in respect thereto, in the event of delay in the
performance of such obligations due to inability to obtain funding or inability to obtain
permits or approvals from governmental entities other than the City, it being the purpose
and intent of this paragraph that in the event of the occurrence of any such delay(s), the
time or times for the performance of the covenants, provisions and agreements of this
lease, including but not limited to the obligations of the Lessee with respect to
construction of improvements, shall be extended for the period of the delay(s), or in the
event the delay(s) exceeds 24 months, the City may terminate the lease and the City shall
not be liable for damages in excess of those verifiable costs of the Lessee in preparing the
response to the initial R.F.P, representing liquidated damages".
E. 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, conducted on May 23, 1995, resulted in the following: an estimated market
value of S2.150.000 and a recommended annual minimum guaranteed base rent of S200.000_ or
5% Qf gross annual income, whichever is greater.
The second appraisal, conducted on May 23, 1995, resulted in the following: an estimated
market value o{ S20.000.000 and a recommended annual minimum guaranteed base rent of
$150, 000 or 7 % of gross annual income, whichever is greater
The appraisals are available for public inspection by appointment only. Contact Eduardo
Rodriguez, Director of Asset Management for an appointment.
F. 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 forty five (45) years, with one 15 year renewal
option.
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G. Financial Return to the City
Proposers are advised that the below listed base rent amounts and percentages of gross are the
minimum required for proposal submissions and will be subject to negotiated increases in the
final lease terms, depending on the extent and quality of improvements proposed.
Minimum annual lease payments shall be an annual minimum guaranteed base rent of
$200,000 (which may be adjusted annually subject to Consumer Price Index increases over
the lease term) OR 5 percent of gross revenues for the general attraction operations plus 5
percent of gross revenues for the retail and banquet operations component, whichever is
greater.
H. Taxes
Excerpt from City Charter Section 29-A, subparagraph (E) 2: "All persons contracting with the
City under this section shall be obligated to pay whichever is the greater of the following: (I)
all applicable ad valorem taxes that are lawfully assessed against the property involved or (ii)
an amount to be paid to the City equal to what the ad valorem taxes would be if the property
were privately owned and used for a profit -making purpose. Such taxes shall not be credited
against any revenues accruing to the City under any contract that may be awarded under this
section."
Estimated Current Ad Valorem Taxes
Assuming an estimated appraised land value of $2,150,000 (see Section I1. E. Appraised
Value), and an estimated improvement cost of $5,000,000 the total assessed value (land and
improvements) would be estimated at $5,720,000 [80 percent of total estimated appraised
value]. The resulting estimated annual property tax, based on a 1994 millage rate of 31.1095,
would be $177,946,
The above estimates are for illustrative purposes only. Ad valorem taxes, if assessed, will
depend on the value of the proposed improvements.
8 � 5 - 45
I. Zoning
Pursuant to the City of Miami Zoning Code, the Property is zoned PR, Parks and Recreation, as
described in the official City of Miami Zoning Regulations and as delineated on the official
Zoning Atlas of the City of Miami. as provided in the City of Miami PR Zoning Code allowable
uses for the specified development include, but are not limited to:
"Conditional Principal Uses:
1. Major structures such as performing arts centers, museums, art galleries, and
exhibition space which change the character of an existing park and other activities which
- , further municipal purposes as determined by the city commission, all after making
findings that the intent of the district is adhered to, by Major Use Special Permit only.
2. Supporting social and entertainment services (such as restaurants, cafes, and retailing)
public health (clinics and daycare centers) and public safety (police facilities), marine and
marina facilities and other entertainment facilities may also be allowed, provided that
such activities and facilities are an integral part of the park's design or of the recreational
function, all be Special Exception with city commission approval only."
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 Parks
and Recreation zoning district, refer to the City of Miami Planning, Building and Zoning
Department, 275 N.W. 2nd Street, 579-6086.
9
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J. 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 (see Appendix A) 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 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 approval of the negotiated lease agreement and either (a)
authorization to schedule the proposed agreement for referendum for the next regularly
scheduled general election or (b) 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. Referendum by the voters of the proposed project in a regularly scheduled general
election.
12. Execution of lease agreement between the City and the selected proposer, contingent
upon voter approval.
10
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III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS
This RFP is being issued in accordance with City Charter Section 29 and City Code Section 1 S-
52.9, incorporated herein by reference and included as Appendix A, the following information
highlights certain requirements contained therein:
A. Declaration as a UDP
The City Commission determined and declared by Resolution that for the development of
improvements on City -owned property or property to be acquired by the City, it is most
advantageous to the City to procure from the private sector one or more of the following
integrated packages: (1) planning and design, construction and leasing; or (2) planning and
design, leasing, and management; or (3) planning and design, construction, and management; or
(4) planning and design, construction, leasing and management from a private entity.
On February 9, 1995, the City Commission adopted Resolution No. 95-99 declaring that the
most advantageous method to develop certain improvements on the Property is by a UDP
process that seeks to procure an integrated development package from the private sector
including planning and design, construction, leasing and management of the Property.
B. Commitment of Funds
1. City
The City shall not provide funds or financing for the development contemplated by this RFP.
2. Selected proposer
The selected proposer is required to provide adequate equity and debt capital to finance all
aspects of the proposed Unified Development of the Property. The selected proposer is required
to provide the City with a minimum guaranteed annual rent as specified in Section II. G.
Financial Return tQ 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.
12 95- 115
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, as stated in section IV.E. of this RFP, but not less than $3,000,000. 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
$100,000 for the development of the Botanical Garden Attraction and all proposed
ancillary uses within the development program. The letter of credit shall be subject to the
review of the City's Finance Director and the Director of the Office of Asset Management and
Capital Improvements.
C. Commitment of Property
The Property and its improvements are offered "as is" by the City for development and long term
management, except as otherwise provided in Section II D(f). No representations or warranties
whatsoever are made as to its condition, state or characteristics. Express warranties and implied
warranties of fitness for a particular purpose or use and habitability are hereby disclaimed.
Testing, audits, appraisals, inspections, etc., desired or necessary to submit a proposal shall be at
the sole expense of the prospective proposer. Reports regarding the Property, including appraisal
reports, that the City may have in its possession are available as public records.
The City intends to enter into a lease agreement for the Property with the selected proposer.
(Refer to Section II.E.) The term of the lease agreement to be entered into between the selected
proposer and the City shall be a maximum term of forty five (45) years with one fifteen (15) year
renewal. The lease agreement shall be structured to provide the City with a minimum guaranteed
annual rent or a percentage of gross revenues, whichever is greater
City -owned property is held in public trust and cannot be mortgaged, pledged, liened or
subordinated in any way as a part of the lease agreement. All leasehold improvements shall
become the sole property of the City upon the expiration of the lease agreement.
13
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(a) Referendum Approval of the Leasehold Contract
- City of Miami Charter Section 29-C - Watson Island provides that before any lease of
lands on Watson Island can be entered into, the proposed transaction shall be approved by
a majority of the votes cast by the electorate at a referendum. The negotiated lease with
the successful proposer shall be submitted to a referendum vote of the electorate of the
City at the earliest convenient Citywide election. Charter provisions are included herein
as Appen� dix A. Charter and Code Provisions. If the proposed transaction is rejected by
referendum vote, the Project shall be terminated. In the event of such a termination, the
proposer has no vested rights, nor title or interest in the Property or to the development
proposed thereon, nor claim upon the City for any expenses incurred in the proposal
process.
If the proposed lease is approved by a majority vote of the electorate, then part (b) below shall be
addressed:
(b) State of Florida - Internal Improvement Fund - DEED RESTRICTIONS
The City of Miami was deeded the lands constituting Watson Island in 1949 by the State
of Florida (see Appendix - Exhibit V, Watson Island Deed 19447, State of Florida to City
of Miami) with the restriction that Watson Island be used solely for public and municipal
purposes only. The deed expressly prohibits the sale or lease of lands to any private
person or corporation for private purpose. The City, however, obtained from the
Trustees (Governor and Cabinet) of the Fund a waiver of this deed restriction in 1981 for
the purposes of constructing specialty visitor attractions on Watson Island and utilized the
same waiver to propose a privately developed specialty marine exposition center on
Watson Island in 1985. Most recently, in 1993, the City of Miami was granted by the
Trustees a finding of public purpose to enter into land leases on Watson Island with two
private boating clubs and Chalk's Airlines.
Before the City of Miami can execute a lease agreement for the proposed Botanical
Garden project with the selected developer, it will be required that a finding of public
purpose or a waiver of the deed restriction be granted by the Trustees. Because the
specified uses are consistent with the City of Miami's Comprehensive Neighborhood
Plan officially adopted by Ordinance 10544 on February 9, 1989, the City will, on behalf
of the project and with the support of the successful proposer, petition the Trustees for
such a finding or a waiver of the deed restriction. Tile City, however, makes no
representations and has no information as to whether such a waiver can be
successfully obtained for this project. If a request for a waiver of the deed restriction
for all aspects of this project is denied by the Trustees, the project shall be terminated.
In the event of such a termination, the proposer has no vested rights, nor title or
interest in the Property or to the development proposed thereon, nor claim upon the
Cityfor any expenses incurred in the proposal process.
14
D. 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.
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.
F. Right of Termination
In addition to any other right of termination available, any substantial increase in the City's
committment of funds, property, or services, or any material alteration of any contract awarded
for UDP's shall entitle the City Commission to terminate the contract after a public hearing.
Prior to such public hearing, the Commission shall seek and obtain a report from the City
Manager and from the Review Committee that evaluated the proposals for the project,
concerning the advisability of exercising that right. The City shall have no liability with regard
to its exercise of such right and the selected proposer shall bear all of its own costs with respect
thereto.
As required by subsection (e) (4) of Charter Section 29-A (c), "substantial increase" shall be
defined as a 10% or more increase to the City's proposed committment of funds, property and/or
services and "material alteration" shall be defined as failure to comply with all respects of the
proposal except as specifically permitted in writing by the City Manager.
15 (Q) it — �, .IL 5
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IV. DEVELOPMENT PROPOSAL REQUIREMENTS
Respondents to this RFP are advised that the following factors must be addressed in the
proposals and will be critically evaluated. Additionally, proposals shall include a market
analysis of all development components to assess the economic feasibility of the proposed
development.
A. Development Objective!
Proposals must provide and maintain a Botanical Garden Attraction, and may include ancillary
entertainment and retail service establishments. The Attraction is intended to serve the local and
tourist population segments of the Greater Miami and South Florida region. Watson Island
offers all of the required access and locational advantages making it an ideal location for this
type of specialty attraction.
The public objectives for attracting a public recreational open space attraction characterized by
the flora and fauna typical of a subtropical environment include:
Enhancement of Public Access Amenities and Activities on Watson Island - Throughout
the world, botanical gardens are public attractions offering a relaxing ambiance and
educational opportunity for the general public and tourists alike. On Watson Island the
public has long enjoyed gathering at the marinas, public parks and open spaces, including
the Japanese Gardens, with Biscayne Bay and the downtown skyline as a backdrop. In
this tradition, and as an extension of these images that are so much a part of Miami's
personality, the botanical garden will complete the sequence of parks and public
baywalks that line much of the island. The attraction will include cafe and entertainment
services oriented to the general public, in addition to the specialty gardens and exhibits.
The addition of retail and entertainment services for the public will encourage longer and
more varied public visits to the island.
Enhancement of Miami as a Local Visitor and Corporate Destination - Watson Island is
located within 10 minutes travel time of Miami International Airport, the hotels and
convention center of Miami Beach, Downtown Miami, and the worlds largest Cruise Port
on Dodge Island. Watson Island is the visitor crossroads of Miami. A visitor attraction
featuring both unique and typical tropical and subtropical plant material in a garden
setting and complemented with tropical and subtropical fauna in a zoological garden type
setting would showcase Miami's unique environmental and ecological qualities for the
enjoyment of residents and visitors alike.
Aesthetics of the development will be an important consideration in the evaluation of proposals.
The City expects all improvements to respect the local environment and be responsive to the
waterfront setting. Of special interest is the optimization of public access via a bayfront
promenade and enhancement of public views on the island and to the bay.
16
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B. Use
The principal use of the Property shall be a Botanical Garden Attraction. Ancillary uses may
include related retail and entertainment services for the users of the attraction and general public.
All uses provided shall be non-exclusive uses.
(a) Principal Use
(1) Botanical Garden Attraction
A Botanical Garden Attraction. A specialty garden attraction
consisting of unique and typical South Florida and Caribbean (tropical
and subtropical) flora and fauna, open spaces, pathways and special
exhibit areas for the display of related themed shows, interactive and
educational environments, animal habitats and other related uses. The
attraction shall offer on -site -services to the local, tourist and corporate
users of the facility as well as space for related retail complementary to
the surrounding parks and open spaces.
It is the City's intent that this botanical garden shall be utilized not only
as a specialty type attraction, but also as an asset to the local and visitor
educational and cultural experience in South Florida. Proposers are
encouraged to forge partnerships with local and national educational
and cultural institutions, at all levels, to create opportunities for these
institutions to take advantage of the facility and to form programs and
events which accomplish this objective.
The planning, design and construction of the attraction shall adhere to
and, if possible, exceed all design standards and guidelines as set forth
in this document and as stipulated by Federal Guidelines related to
Public Attractions and Live Animal Exhibition and Living Space, see
Section IV C(a).
17 vr,_ A- 15
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(b) Ancillary Uses
(1) Attraction -Related Services and Amenities
Retail, Amphitheater, Banquet Facilities and related services are
permitted within the project site provided they are ancillary to the
Botanical Garden Attraction.
(a) Retail Services: Proposals may include as ancillary uses to the
principal use of the premises a related retail gift shop component. All
attraction related retail services shall be located within the project site as
described on the Sketch of Survey, Appendix A. The City reserves the
right to require, as a provision of the proposed lease agreement, review
and approval of all sub -lease agreements for retail space.
(b) Amphitheaters: Proposals may include as an ancillary use to the
attraction, "open air" amphitheater structures for the staging of animal
shows, educational exhibits, private functions and related uses, not to
exceed 1,000 permanent seats each.
(c) Banquet/Special Event Facilities: For the purposes of special events,
corporate fuunctions, parties and similar uses the attraction may include
up to 75,000 square feet of enclosed banquet space, including a kitchen
and staging area for caterers and professional personnel as necessary.
The seating and use of this type of facility is subject to all applicable
codes and restrictions of the City of Miami Zoning Code and Fire Safety
requirements as determined by the City of Miami Department of Fire
and Rescue.
(d) Boat Landing: Proposals should include, as an amenity and to
enhance public access to the island and the site, a boat landing for
commercial or public watercraft (water taxi's, charter/party boats,
private vessels) contingent upon permitting by all applicable local and
state authorities (i.e. Metro Dade Department of Environmental
Resource Management-DERM, and Florida Department of
Environmental Protection-DEP).
(2) Prepared Food Concessions
The project may include prepared food and beverage concessions as
part of the ancillary attraction services. Outdoor convenience food and
beverage concessions for the general public along the shoreline baywalk
and within the littoral beach area are permitted and encouraged.
k,
C. Proposed Site Improvements and Public Amenities
The proposal must describe all proposed site and structural improvements to the Property. All
improvements must comply with all applicable local, state and federal code requirements.
Proposers will be responsible for acquiring all required permits and approvals.
(a) Pedestrian and Vehicular Circulation -
Proposals shall also include a compatible, safe and effective pedestrian and vehicular
I circulation system to service the proposed development in conformance with the
circulation plan as shown on Figure 6. Schematic Circulation and Land Use. All
circulation roads on the north side of the island serving the project site, the boat
clubs and the public boat ramp, shall be reconstructed and reconfigured as necessary
for the development of the attraction (including relocation/reconstruction of
entrances, landscaping, fencing and walkways), at the sole cost of the proposer, to a
minimum of 35' cross section (two moving lanes, curb, gutter, sidewalks and
landscaping) for a two lane, bi-directional roadway, subject to review and approval
by the City of Miami. The roadway will connect to a roadbed (see Figure 7.
MacArthur Causeway Bridge UndgWass) currently being constructed by the Florida
Department of Transportation beneath the new high level bridge. The roadbed will
extend to the south side of the bridge where it will continue parallel to the
MacArthur Causeway to connect with the circulation roadway serving the south side
of Watson Island. Paving and curb and gutter improvements for the full length of the
new roadbed (approximately 8000 lineal feet) shall be at the sole cost and
responsibility of the successful proposer, subject to review by the City.
A public recreational pathway linking the bridge underpass to the public park, open
space and boat ramp area shall be provided.
Reconstruction/Repaving of the public access roadway connecting the Property to
the main traffic intersection with MacArthur Causeway will be required. The City
will attempt to secure transportation funding for such improvements in connection
with other project developments on Watson Island. However, in the event that the
City is unable to secure public funding, the successful proposer will be responsible
for the reconstruction and repavement of said public access.
19
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(b) Parking and Service Areas -
- All general public parking for the site shall be accomodated on a public surface
parking lot located on the south side of the island (see Figure 6. Schematic
Circulation and Land Use). No public parking will be permitted on the leasehold
site, public vehicles (cars, buses, tour vehicles) will be permitted a drop off/pick up
site within the project leasehold site. The proposer shall be responsible for
funding the entire cost of the construction of all parking spaces as required for
the project by zoning regulations within the public parking facility to be
located on the south side of the island, including all necessary landscaping and
buffer zones. The City of Miami will operate the parking facility.
The complex shall include parking facilities within the leasehold site for the use of
handicapped visitors, the attraction employees and a drop off and pick up area for
private vehicles, buses and tour vehicles.
Offsite parking shall be provided for buses. The City will seek to secure an area
underneath the causeway bridge for this purpose, however, the City makes no
representations or assurances that this area will be provided. In any case the
proposer is responsible for accomodating this requirement, and if necessary, off of
Watson Island on the mainland.
The proposer shall provide a tram or shuttle bus service between the public
parking area on the south side of the island and the project site.
Required on and off -site parking and service areas shall be organized, appropriately
landscaped, and screened from surrounding streets and adjacent uses in accordance
with City of Miami design standards.
i
20
Design Standards and Guidelines for Improvements•
1.) Two -Thirds (2/3) of the project site or leasehold area will be dedicated to gardens, open
spaces, and natural exhibits (animal habitats, aviaries, etc.).
2.) The height of any enclosed structures shall not exceed 55 feet above federal flood criteria.
3.) Utility requirements- All utility infrastructure shall be underground. Proposers are
responsible for the full cost of connection to all necessary utilities including but not
limited to water service, sewer, power, and telephone.
4.) The Japanese Garden, the public parks and open spaces adjacent to the project site shall
be maintained/preserved at the expense of the proposer/operator in accordance with
review and approval of the Director of the City of Miami Parks and Recreation
Department. It is the City's intent to preserve and enhance the design of the Japanese
Garden as restored subsequent to Hurricane Andrew. These public areas are to remain
accessible to the general public during reasonable operating hours, subject to the approval
of the City.
5.) The Brown House shall be restored in accordance with Dade Heritage Trust review and
the National Historic Register Preservation Guidelines.
6.) All perimeter fencing shall be appropriately landscaped.
7.) Public pathways, baywalks, shall be a minimum of 10 feet in width.
8.) Paths and walkways shall be designed to ADA standards.
9.) Paths and Walkways shall be provided with low level lighting.
10.) The shoreline areas shall be enhanced with walkways and related facilities to enhance the
vistas, access to and enjoyment of the shoreline environment.
11.) Security for the destination Botanical Garden Attraction shall be provided by the operator
of the Attraction, including twenty four hour patrols and stationed security personnel.
12.) The Attraction shall include a first aid station for general public use.
13.) The littoral sand beach area adjacent to the MacArthur Causeway Bridge shall be
preserved and enhanced as a recreational use amenity to the attraction.
14.) The project site shall include all necessary areas for the maintenance and upkeep of the
environs, including the surrounding public park lands on the north side of the island.
21
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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) Development 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 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.
(b) Development Impact Fees
The City of Miami will exempt the successful proposer from imposition of its
development impact fees. Transportation impact fees will be required by Metropolitan
Dade County based on standard fee schedules for attractions, retail and banquet facility
uses. Hook-up fees will be charged by the Water and Sewer Authority at the prevailing
rates per gallon of rated water usage.
E. Estimated Construction Cost
The proposal must include a detailed construction cost estimate for the entire proposed
development. The total cost of all improvements shall be not less than three million
($3,000,000) dollars.
F. Financing Strategy
J
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.
22
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I
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 for the Botanical Garden must be completed within
24 months from the date of transfer of the leasehold Property to the selected proposer, except as
specifically provided for Sewer relocation, and except if an Application for Development
Approval as a Development of Regional Impact is required, in which case the completion date
will be negotiated as a part of the lease Agreement.
H. Comnosition of the Development Entity (Proposing Entity) & Consultant
Proposals shall include the professional qualifications and credentials that demonstrate the
development entity's ability to successfully undertake and complete development of the Property.
The proposal must contain information sufficient to demonstrate the ability of the development
entity and its consultant(s), if any, to plan, design, construct, lease and mangement of a Botanical
Garden Attraction with any and all related services and amenities proposed in accordance with
the development program outlined herein in this Section.
The Development Entity is hereby defined as being comprised of the proposing entity (the
legal entity: corporation, joint venture, partnership, one or more individuals) with whom
the City will contract with for the leasehold agreement,
The Development Entity, itself or through its consultant(s), if any, shall substantiate its
experience in all aspects of development and management of the Botanical Garden Attractions
proposed, subject to compliance with the qualifying criteria specified in Section V.B.1.
The consultant(s) to the Development Entity, if any, may be one firm possessing all the required
expertise or may be several firms which combined possess all the required expertise.
Consultants may include professional planning and design consultants and sub -consultants,
general contractor and/or construction manager, and operational and management consultant(s).
Consultants and subconsultants may submit with more than one proposing entity. However, the
Development Entity (including individual members thereof) shall only submit as part of one
submission and shall not be part of any other submission in any capacity.
23 95- A 15
1.-
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 listed disciplines. Copies
of currently active licenses (for both individuals and businesses, as applicable) shall be included
in the proposal:
Architectural: shall be registered to practice architecture in the State of Florida as
required by Chapter 481, Part I of the Florida Statutes, Architecture, and shall have
substantiated experience in the design and development of destination visitor attractions;
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 visitor attractions;
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;
Operations and Management: shall have experience in the operations and management of
Visiotr Attractions, including any necessary horicultural or veterinarian skills;
If ancillary services are proposed as part of the development:
Commercial Real Estate Leasing: shall have experience in leasing of visitor attraction -
related commercial Properties;
Operations and Management: shall have experience in the operations and management of
the proposed attraction -related commercial uses.
No additions or modifications may be made to the proposals and the entities and/or consultants
i they represent subsequent to the submission deadline. New and/or current personnel who are not
identified in the proposal may not be introduced as part of the proposal entity subsequent to the
submission deadline. Respondents must notify the City in writing immediately of any firm or
individual presented in its original submission that 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 principals of the Development Entity investors may be subject to a background check by the
Miami Police Department. For the purposes of this RFP, "principal" shall be defined as the
general partners, stockholders owning 5% or more of the corporate stock, and all corporate
officers.
1
24
1 r'
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. For proposal evaluation
purposes, the Review Committee shall award points for local firm participation based on the
PmF p p p
criteria established herein. (Refer to Section VI.B.).
Exhibit II includes forms soliciting detail information which must be completed and submitted
with the proposal.
I. evelopment 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 and use; square footage, height
Retail entity square footage and type, if any
Food and Beverage entity square footage, if any
Architectural features
Methods of construction
On site parking requirements
Description of disposition, renovation and/or reuse of existing
facilities within (or outside) lease area
Number, size, type and description of exhibits and educational
and interactive environments
2. Illustrative Drawings:
(Prepared by a registered architect licensed to practice in Florida and
board -mounted not to exceed 30" x 40")
t
i
Site Plan
Elevations, sections and floor plans of existing buildings to be
renovated and all proposed new structures.
i Perspective isometric illustrations are not required, but
will be accepted for review.
Models will not be accepted for review.
3. Schedule of Amenities
4. Management Plan
i
25
5. Market Analysis
6. Completed Declaration, Financial Disclosure and Professional Information
forms as detailed and included herein as Exhibit II.
7. An stated committment of the annual minimum guaranteed rental
payment to the City and percentages of gross revenues collected.
8. A written statement indicating the dollar amount to be spent on
permanent physical improvements to the Property.
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.
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.
16. The organizational structure presented in graphic form depicting the
proposing entity and its professional consultants, including the names,
affiliation and addresses of principals. This includes any and all general
partners, stockholders owning 5% or more of the corporate stock,
corporate officers, and executives and top management of the Development
Entity.
17. Completed Minority Participation Documentation forms (Exhibit III),
as evidence of minority participation pursuant to the goals set forth in the
City's Minority and Women Business Affairs and Procurement Program.
26
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18. City occupational license(s) demonstrating the participation of local
firm(s) in the Development Entity.
J. Method Of Operation
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
advertised, indication of which businesses are intended to be operated by proposer and which
businesses are intended to be subleased or to be operated under a management contract. If
independent management services are to be involved, then the applicable forms included herein
as Exhibit II. to this document must be completed by management contractors.
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
entity, as well as all businesses and work force created by the development. For the purpose of
proposal evaluation, significant minority participation in the Development Entity shall be defined
as not less than 30% of the proposing entity with each minority group (black, hispanic, and
female) having not less than 5% each. As evidence of minority compliance, proposers are
expected to complete the applicable forms included in Exhibit III.
All firms/sole proprietors seeking to participate as M/WBE's and not already certified with the
City's minority/women business program shall meet all requirements of the above cited
Ordinances. Specifically, such M/WBE's shall not have a net worth in excess of $2,000,000 nor
employ more than twenty-five (25) employees. If not City M/WBE certified, entities claiming
M/WBE status must provide proof that they meet these requirements. All firms/sole proprietors,
regardless of minority status, must submit an affirmative action policy statement, in compliance
with said Ordinances, a sample of which is included in Exhibit III.
27
S
k,
V. PROPOSAL SUBMISSION REQUIREMENTS
Submissions received in response to the RFP shall meet all requirements specified herein in this
Section. Submissions deficient in providing the required information shall be determined non-
responsive by the City and ineligible from any further consideration.
A. Submission Procedures
j
I 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
Watson Island Botanical Garden Attraction, Watson Island, Miami, Florida" and
addressed to:
Herbert J. Bailey
Assistant City Manager
City of Miami
j 3. Proposals must be received at:
Office of the City Clerk
City of Miami, City Hall
(First Floor Counter)
3500 Pan American Drive
Dinner Ivey
Miami,Florida 33133
4. The submission package shall be submitted by:
2:00 P.M.
Tuesday, August 29, 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., Tuesday, August 29, 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 actual expenses
for advertising, printing, and mailing incurred by the City in preparing and issuing the RFP.
Expenses incurred in evaluating proposal submissions, in excess of the total amount collected
shall be reimbursed to the City by the selected proposer upon execution of a lease agreement.
28
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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 review committee established by the City Commission will render a written report of its
evaluation of responsive and responsible proposals to the City Manager. The review committee
shall evaluate each proposal based on the criteria established herein. The committee has the
authority to recommend one or more, or none of the proposals, if it deems them not to be in the
best interest of the City. In any event, the recommendation of the Committee shall be
accompanied by a written justification of its decision.
The certified public accounting firm selected by the City Commission will render an independent
report of its analysis of proposals to the City Manager. The accounting firm shall analyze each
proposal based on the criteria established herein. The accounting firm shall present its
preliminary findings regarding each proposal to the review committee prior to the review
committee completing its deliberations.
A. Initial Review of Proposals for Compliance with the RFP.
Proposals shall be reviewed initially by City staff for compliance with all requirements set forth
in the RFP. Each proposal shall be checked to ensure that:
1. All development proposal elements and documentation listed in Section V. have been
included in the proposal submission.
2. The required number of copies and one original of the proposal, the board -mounted
illustrative drawings, and a $2,000 non-refundable cashier's check have been received by the
deadline date and time and at the correct location.
During this intial review, and prior to official review by the Selection Review Committee,
proposing entities may be contacted to cure proposals which contain non -material, non -
substantive defects as determined solely by staff, such as an out of date certification. If notified
of such deficiency, proposer shall correct such a deficiency within ten (10) working days of
receipt of notification.
95- n 15
29
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)
1. Experience of the proposing entity .........................15
2. Capability of the Development Entity....................15
3. Financial capability of the proposing entity ........... 15
4. Financial return to the City.....................................15
5. Overall design of the proposed development ......... 15
6 Management and Operational Plan ..........................15
7. Extent of minority participation .............................10
8. Local firm(s) participation.......................................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 of similar facilities.
Specific experience of the proposing entity in development, design, leasing and
management of Botanical Garden facilities and ancillary types of uses proposed. A
minimum of 5 years Botanical Garden experience is required.
2. Capability of the Development Entity and Consultants (15 points)
Composition of the Development Entity; professional qualifications and capability of entity
members, project managers, consultants and subconsultants as related to the requirements
and objectives of this RFP.
30
Architectural/engineering capability and range of experience on similar developments
comparable in scope, complexity, magnitude.
Adequacy of personnel to successfully undertake, complete and operate the proposed
development:
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 and/or management
entity members.
Qualifications and specified experience of project managers, entity members and
professional consultants in development and management of Botanical Garden/Visitor
Attraction 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.
Dollar value, extent, and timing of capital improvements.
Structure and term of the proposed lease
31
fit; - J
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Any additional financial benefit to the City.
5. Overall Design of the Proposed Development (15 points)
Fulfillment of the City's established development objective.
Quality and efficency of the Botanical Garden's design, materials and support systems.
Appropriateness and quality of the design as related to the character of the site and the
Watson Island waterfront.
Appropriateness and quality of the design of new structures.
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 Operational Plan (15 points)
Management and Operational policies for Botanical Garden event programming, visitor
services, maintenance and security.
Management program for maintenance, security and use of adjacent public open space.
Staffing Plan for Botanical Garden operations and services.
Strategies for marketing and promotion of Botanical Garden and retail services, including
any proposed banquet facilities.
7. Extent of Minority Participation (10 points)
Significant minority/women participation within the proposing entity.
i
Significant minority/women participation among consultants to the proposing 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.
Affirmative action plans of development entity members.
32
v5- d 15
8. Participation of Local Firm(s) (6 points)
Local firm(s) participation shall be defined as a firm having an established business office
within the City municipal limits. The firm shall have a current occupational license
issued by the City. In addition, in Exhibit III, please find an affidavit form for
confirmation of the primary office location.
a. 3 points shall be awarded to a proposal submitted by a local proposing
entity.
b. 3 points shall be awarded to a proposal utilizing a majority 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, including prior record and experience
• the viability of the financing strategies, source and structure
• assess comparatively the short and long range economic and fiscal return to the City
Additionally, the certified public accounting firm will:
• assess the market analysis and marketing plan
• evaluate the economic feasibility of the proposed development.
• evaluate the financial viability and apprpriateness of the management plan.
The accounting firm shall present its findings regarding each proposal to the review committee
prior to the review committee completing its deliberations. The CPA firm will render an
independent report of its findings to the City Manager.
33
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VII. TERMS AND CONDITIONS TO BE INCLUDED IN THE LEASE AGREEMENT
A. Authorization
Upon authorization of the City Commission, the City Manager or his designee,
shall negotiate all aspects of a lease agreement with the selected proposers. The
City Attorney's office will provide assistance to the City Manager or his designee
during the negotiation of the lease agreement and must approve the lease
agreement as to legal form and correctness prior to its execution. Until such time
as the lease agreement is executed, the selected proposer has no vested 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
12. Equity Capital and Mortgage Financing
13. Public Charges/Fees
14. Maintainance, Repair and Replacement
15. Condemnation and City "Buy -Out" Provisions
' 16. Default - Termination
17. Examination of Premises
18. Audit Rights
19. Award of Agreement
20. Conflict of Interest
21. Non -Discrimination
22. Rules and Regulations
23. Compliance with Federal, State and Local Laws
24. Minority Procurement
25. Force Majeure Clause
26. Taxes
27. Miscellaneous
34
APPENDIX A
City of Miami
Charter and Code Sections
05- 4is
k-
§ 27-E CRARTER AND RELATED LAWS Subpt. A
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 now to
27-B of this charter.
Sec. 27-G. Copy of assessment roll' annexed
to warrant commanding collection.
Note —The user's attention is directed to the editor's note to
§ 27-B of this charter.
Sec. 27-H. State law as to taxes applies.
Note —This section has been substantially changed, by in-
ference, inasmuch as assessment and collection of taxes is
now the exclusive responsibility of Dade County. The user's
attention is directed to the editor's note to § 27-B of this
charter.
(Sec. 27.1. Reserved.]
Sec. 27-J. Discounts if taxes paid before cer-
tain time.
Note —The discount rates formerly set out in this section no
longer apply; for present rates, see Fla. Stars., 1193.41. The
user's attention is also directed to the editor's note to § 27-B of
this charter.
Sec. 27-M When taxes become delinquent; in-
terest rates on delinquent taxes.
Note —The user's attention is directed to the editor's note to
4 27-B of this chatter.
Sec. 27-L. Tax certificates; interest rate there-
on.
Note —The user's attention is directed to the editor's note to
§ 27-B of this charter.
Sec. 28. Chief procurement officer.
(a) The city manager shall appoint a chief pro-
curement, officer who shall supervise all purchases
for the city in the manner provided by ordinance
and who shall, under such procurement methods
as may be prescribed by ordinance, supervise sales
Supp. No. 29
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 aMr-
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.
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,
30
A- ! �a -- l, 15
M
K
Subpt. A
CHARTER
that if the amount of a bid or proposal submitted
by a vendor whose primary office is located in the
City of Miami is not more than ten (10) percent in
excess of the lowest other responsible bidder or
proposer, such local vendor may be awarded the
contract, but the city manager or designee shall
have the power to reject all bids and proposals.
Notwithstanding the foregoing, the city manager
may waive competitive sealed bidding methods
by making a written finding which shall contain
reasons supporting the conclusion that competi-
tive sealed bidding is not practicable or not ad-
vantageous to the city, which finding 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 ($4,500.00) shall be signed
by the city manager or his designee after approval
thereof by the commission. This section shall not
apply to transfers to the United States or any
department or agency thereof, to the State of Flori.
da, or to any political subdivision or agency thereof.
(b) Public works or improvements. Any public
work or improvement may be executed either by
contract or by the city labor force, as may be
determined by the commission. There shall be a
separate accounting as to each work or improve-
ment. Before authorizing the execution by the
city labor force of any work or improvement or
phase thereof," the city manager shall submit to
the commission a description of the anticipated
scope of work and related cost estimates. All con.
tracts for more than ten thousand dollars ($10,-
000.00), which shall include contracts under which
improvements valued in excess of $10,000 are to
be constructed for the city, shall be awarded to
the lowest responsible bidder after public notice
and using such competitive sealed bidding meth-
ods as may be prescribed by ordinance; provided,
however, that if the amount of a bid or proposal
submitted by a contractor whose primary office is
located in the City of Miami is not more than ten
(10) percent in excess of the lowest other respon-
Supp. No. 29
4 29-A
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 modif ca-
tions in a contract for any 'public work or im-
provement, such alterations or modifications shall
be made only when authorized by the commission
upon the written recommendation of the city man-
ager. No such alteration shall be valid unless the
price to be paid for the work or material, or both,
under -the altered or modified contract shall have
been agreed upon in writing and signed by the
contractor and the city manager prior to such
authorization by the commission.
(c) Unified development projects. A unified de-
velopment project shall mean a project where -an
interest in real property is owned or is to be ac-
quired by the city, is to be used for the develop-
ment of improvements, and as to which the com-
mission determines that for the development of
said improvements it is most advantageous to the
city to procure from a private person, as defined
in the Code of the City of Miami, one or more of
the following integrated packages:
(1) planning and design, construction, and leas-
ing-, or
(2) planning and design, leasing, and manage-
ment; or
(3) planning and design, construction, and man-
agement; or
31 e" -- � ,1 5
A-2
y 29.A CHARTER AND RELATED LAWS Subpt. A
(4) planningand design, construction, leasing,
and management.
So long as the person from whom the city pro-
cures one of the above -mentioned integrated packf
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-
meat project and the estimated allocations of land
for each use. They shall also state the. following-
(1) the specific parcel of land contemplated to be
used or the geographic area the city desires
to develop pursuant to the unified develop-
ment project;
(2) the specific evaluation criteria to be used by
the below -mentioned certified public account-
ing firm;
(3) the specific evaluation criteria to be used by
the below -mentioned review committee;
(4) the extent of the city's proposed commitment
of funds, property, and services;
(5) the definitions of the terms "substantial in-
crease" and "material alteration" that will
apply to the project pursuant to subsection
(eX4) hereof, and
(6) a reservation of the right to reject all propos-
als and of the right of termination referred to
in subsection (e)(4), 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
consist of an appropriate number of city offi.
cials or employees and an equal number plus
one of members of the public, whose names
shall be submitted by the city manager no
fewer than five days prior to the above.
mentioned public hearing.
At the conclusion of the public hearing the com-
mission shall authorize the issuance of a request
for proposals, select a certified public accounting
firm, and appoint the members of the review com.
mittee only from among the persons recommended
by the city manager.
The procedure for the selection of an integrated
package proposals shall be as follows:
(1) all proposals shall be analyzed by a certified
public accounting firm appointed by the com-
mission based only on the evaluation criteria
applicable to said certified public accounting
firm contained in the request for proposals.
Said certified public accounting firm shall
render a written report of its findings to the
city manager.
(2) the review committee shall evaluate each pro-
posal based only on the evaluation criteria
applicable to said review committee contained
in the request for proposals. Said review com-
mittee shall render a written report to the
city manager of its evaluation of each pro-
posal, including any minority opinions.
(3) taking into consideration the findings of the
aforementioned certified public accounting firm
and the evaluations of the aforementioned
review committee, the city manager shall red-
ommend one or more of the proposals for ac-
ceptance by the commission, or alternatively,
the city manager may recommend that all
proposals be rejected. If there are three or
more proposals and the city manager recom-
mends only one, or if the city manager rec-
ommends rejection of all proposals, the city
manager shall state in writing the reasons
for such recommendation.
In transmitting his recommendation or rec-
ommendations to the commission, the city
manager shall include the written reports,
including any minority opinions, rendered to
32— ;! 5
A-3
Subpt. A
CHARTER
him by the aforementioned certified account-
ing firm and review committee.
(4) all contracts for unified development projects
shall be awarded to the person whose pro-
posal is most advantageous to the city, as
determined by the commission.
The commission may accept any recommenda-
tion of the city manager by an affirmative vote of
a majority of its members. In the event the com-
mission does not accept a proposal recommended
by the city manager or does not -reject all propos-
als, the commission shall seek recommendations
directly from the aforementioned review commit-
tee, which shall make a recommendation or rec-
ommendations to the commission taking into ac-
count the report of the aforementioned certified
public accounting firm and the evaluation criteria
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
§ 29-A
public to compete for said real property or inter-
est. Any such sale, conveyance, or disposition shall
be conditioned upon compliance with: the provi-
sions of this section; such procurement methods
as may be prescribed by ordinance; and any re-
strictions that may be imposed by the city, the
department of off-street parking, or the downtown
development authority, as appropriate. Further,
no right, title, or interest shall vest in the trans-
feree of such property unless the sale, conveyance,
or disposition is made to the highest responsible
bidder, as is determined by the city commission,
or the off-street parking board, or the downtown
development authority board of directors. The city
commission or the off-street parking board or the
downtown development authority board of direc-
tors, as appropriate, may by resolution waive the
requirement of sale, conveyance, or disposition to
the highest responsible bidder by means of the
following procedure: the city manager, the direc-
tor of the off-street parking authority, or the di-
rector of the downtown development authority, as
appropriate, must make a written finding that a
valid emergency exists, which finding niust be
ratified by an affirmative vote of two-thir.{s 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 riglit -to
reject all offers. This section shall not apply to
transfers to the United States or any department
or agency thereof, to the State of Florida, or to
any political subdivision or agency thereof.
33
A-4
(e) Safeguards.
(1) All persons contracting with the city under
this section shall be required to certify their
compliance with the antitrust laws of the
United States and of the State of Florida and
to hold harmless, defend, and indemnify the
city for any noncompliance by said persons
with the above laws.
Qr�_ Z'
1.—
§ 29-A CHARTER AND RELATED LAWS Subpt. A
(2) All persons contracting with the city under
this section shall be obligated to pay which-
ever is the greater of the following: (i) all
applicable ad valorem taxes that are lawfully
assessed against the property involved or (ii)
an amount to be paid to the city equal to
what the ad valorem taxes would be if the
property were privately owned and used for a
profit -making purpose. Such taxes shall not
be credited against any revenues accruing to
the city under any contract that may be
awarded under this section.
(3) Any proposal by a potential bidder or con-
tractor that contemplates more than the es-
timated extent of the city's proposed commit-
ment of funds, property, or services shall be
ineligible for acceptance by the city commission.
(4) Any substantial increase in the city's com-
mitment of funds, property, or services,- or
any material alteration of any contract awarded
under subsection (c) of this section shall enti-
tle the city commission to terminate the con-
tract after a public hearing. Prior to such
public hearing, the commission shall seek and
obtain a report from the city manager and
from the review committee that evaluated
the proposals for the project, concerning the
advisability of exercising that right. (Char.
Amend. No. 3, 11-6-79; Ord. No. 9507, § 1,
10-28-82; Char. Amend. No. 1, 11-2-82; Char.
Amend. No. 1, 11.4-86; Char. Amend. No. 3,
11-3$7)
Editor's note —Ord. No. M9, 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. 9561 amended the language of subsections (a)
and (c) of § 53 as proposed by Ord. No. 9489. The election was
to approve the language of Charter Amendment No.1, as amended
by Ord. No. 9507. Subsequently, in light of Charter Amend.
went No. 2 of Nov. 3, 1967, the city attorney directed the
codifier to delete paragraph (ii) of subsection (d) as superseded
by § 29-B.
Annotations —For case decided prior to enactment by Char.
ter Amendment No. 3 of 1979 of a competitive -bidding re-
quirement for disposition of city property, see Mahoney v.
Givens, 64 So. 2d 926. Said case held that competitive bidding
is not required to lease city real estate.
Material variance between plans bid upon and plans sub-
mitted and adopted renders contract void, Glatstein v. City of
Miami, 399 So. 2d 1005.
Supp. No. 29
Sec. 29•-B. City -owned property sale or lease —
Generally. _
Notwithstanding any provision tb the contrary
contained in this Charter or the City Code, except
for the conveyance or disposition of city -owned
property implementing city -assisted housing pro-
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 cominission'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'0ne-
fourth (34) page and the headline in the adver-
tisement to be in a type no smaller than 18-point
and, (b) there shall have been at least three (3)
written proposals received from prospective pur-
chasers or lessees; however, if there are less than
three (3) such proposals received and if the guar-
anteed return under the proposal whose accep-
tance is being considered is equal to fair market
value the city commission determines that the
contemplated sale or lease will be in the city's
best interest then, subject to the approval of a
majority of the votes cast by the electorate at a
referendum, the sale or lease may be consummat-
ed. As a further exception to the above require-
ments and any other requirement for competitive
34
A-5
1K
Subpc. A CHARTER § 30
bidding procedures to be used in the disposition of
city -owned property or any interest therein, the
city commission is authorized to waive all such
disposition requirements where the intended use
of such property or interest therein is in further-
ance of the objective of providing rental or sales
housing within the economic affordability range
of low and/or moderate income families and/or
individuals. In determining low and/or moderate
income households as set forth above, the criteria
shall be those provided for by federal and/or state
law or by the city commission. (Char. Amend. No.
2, 11-3.87)
Sec. 29-C. Same —Watson Island.
Notwithstanding any provision to the contrary
contained in the Charter or Code of the City of
Miami, no sale, conveyance lease, management
agreement, revocable use permit, or license agree-
ment may be entered into for the management,
occupancy or use of the area known as Watson
Island unless (1) there shall have been, prior to
the date of the city commission's consideration of
such sale, lease, management agreement, revo-
cable permit or license agreement, an advertise-
ment soliciting proposals for said sale, lease, man-
agement agreement, revocable permit, or license
agreement published in a daily newspaper of gen. '
eral paid circulation in the city, allowing not less
than ninety (90) days for the city's receipt of pro-
posals from prospective purchasers or lessees, said
advertisement to be no less than one-fourth page
and the headline in the advertisement to be in a
type no smaller than 18-point; and, (2) the pro-
posed transaction be approved by a majority of
the votes cast by the electorate at a referendum.
to be held at the next regularly scheduled general
election. The procedures for selection of proposals
shall be those provided by Charter section 29A(c)
br (d) as appropriate and/or by applicable City
Code provisions. Nothing herein shall effect the
existing rights or privileges, if any, of any lessee,
permittee, licensee or concessionaire currently sit-
uated in said area; however, any enlargement,
amendment, transfer, or increase in those rights
or privileges as may be in existence at the time
this amendment is adopted shall require compli-
ance with the provisions of this amendment. This
Charter Amendment shall not affect the city's
Supp. No. 29
use or occupancy of the area, nor shall it apply to
contracts for the construction of any pity facilities
or improvements in .the area; further, nothing
contained herein shall apply to projects of any
governmental agency or instrumentality. (Char.
Amend. No. 1, 11-3-57)
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
A-6
' 5
kI
§ 1852.7 MIANU CODE § 18.52.9
rights. In the event of such cancellation or rejec-
tion, the chief procurement officer shall promptly
notify all affected bidders or offerors and make
available to them a copy of the written explana-
tion for such cancellation or rejection, which shall
be a public record. (Ord. No. 9572, § 1, 2-10-83)
Sec. 18.52.8. Sole.source contracts.
(a) Conditions for use. Since it is not practica-
ble for the city to use competitive bidding meth-
ods to secure goods or services if there is any one
(1) reasonable source of supply, sole -source awards
may be made as an exception to the other meth-
ods prescribed in this section under the following
circumstances:
(1) Where the compatibility of equipment, acces-
sories, or replacement parts permits one (1)
reasonable source of supply;
(2) Where the goods or services available from a.
single source are needed for trial use Or test-
ing, and
(3) Where the unique and specialized expertise
of one (1) sourceof services is unlikely to be
ebtained from arty Other source.
(b) Determination and approual Me determi-
nation that an award shall be made on a sole -
source basis shall be made by the chief prware-
mentoffioertothe4tymumager.Su,-aetermina ion
shall be made in writing and provide complete
justification as to why no other sources of goods
or services could be obtained to meet the city's
requirements. The determination shall also cer-
tify that the terms and conditions of the award
have been negotiated so as to obtain the most
favorable terms and conditions, including price,
as may be offered to other customers or clients by
the proposed contractor. The city manager may
waive competitive bidding after he makes a writ-
ten finding, supported by reasons, that only one
(1) reasonable source of supply exists. Such find-
ing must be ratified by an affirmative two-thirds
(%) vote of the city commission after a properly
advertised public hearing.
(c) Public notice and disclosure. Notice that the
city intends to award a sole -source contract shall
be published at least once in a newspaper of gen-
eral circulation in the city prior to contract award,
Supp. No. 10
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;
4) The amount and type of contract; and
(5) Tte identification number for each contract
file. (Ord- No. 9572, § 1, 2.10.83)
See— ISZ2.9. Unified development projects.
(a) De flnitiona 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, ariil as to
which the city commission determines that for
the development of said improvements it is most
advantageous to the city that the city procure
from a private person, as defined in the Code of
the city, one (1) or more of the following inte-
grated packages:
(1) Planning and design, construction, and leas-
ing, or
(2) Punning and design, leasing, and manage-
ment; or
(3) Planning and design, construction, and man-
agement; or
1208
A-7
1
' 4 1852.9
FINANCE
(4) Planning and design, construction, leasing
and management.
(b) Conditions for sass A unified development
project shall be used in those circumstances in
which the city commission irg resolution deter-'
mines that for the development of improvements
it is most advantageous to the city that the city
procure an integrated entity as defined in section
1852.9(a). So long as the person from.which the
city, procures one (1) of the above -mentioned inte-
grated pis provides all of the functions listed
for that page, such person need not provide
each listed function for the entire unified level
opment project nor for the same part of•the uni
fied development project.
(c) Requests for proposals. A regpest for pro,
posals shall be issued -which generailp•defines tIL
nature of the project, the uses the ciity is seeming
for the project, and the estimated allbcatioml of
land for each use. The request for proposals sFuff
also include the following.
(1) Instructions and information to offerors con-
cerning the proposal submission require-
ments, including the time and date set for
receipt of proposals, the address of the of.
flee to which proposals are to be delivered,
the maximum time for proposal acceptance
by the city, and any other special information;
(2) The specific parcel of land contemplated to
be used or the geographic area the city
desires to develop;
4 1852.9
(7) The contract terms and conditions, includ-
ing warranty and boading-or other secu-
rity requirements as may be fixed and
applicable;
(8) The extent of the city's proposed commit-
ment of funds, property, and services;
(9) The definition of the terms "substantial
increase" and "material alteration" that
will apply to thepuajes in, accordance with
section 53(eXi�t)•ofthe Cbnrtas of the city;
(10) A reseraatiaa of the rift to: rq*t all pro-
posak anti ofthe- right of* termination re-
ferred to • fin sectibm =eXiv)• of the Charter
of the cif
(11)• The date, time aeaxi'• pi'Ace at which any
preproposal conferences may be held and
whether attendance at such conferences is
a condition for offering proposals; and
(12) The place where any documents incorpo-
rated by reference may be obtained.
Before issuing a request for proposals, there shall
be a public hearing, after public notice, at which
the commission shall consider.
(1) The contents of the request for proposals for
the subject united development project;
(2) The selection of a certified public accounting
firm, which shall include at least one (1) mem-
ber with previous experience in the type of _
development in question; and
(3) The specific criteria which shall be used to (3)
evaluate competing proposals by the below -
mentioned certified public accounting firm;
(4) The specific evaluation criteria which shall
be used to evaluate competing proposals by
the below -mentioned review committee;
(5) A statement that written and oral discus-
sions may be conducted with offerors who
submit proposals determined to be reason-
ably susceptible of being selected for award,
but that proposals may be accepted as sub-
mitted without such discussions;
(6) A statement of when and how financial
considerations and return to the city should
be submitted;
Supp. Na 10
The recommendations of the city manager
for the appointment of persons to serve on
the review committee. Said review commit-
tee shall consist of an appropriate number of
city officials or employees and an equal num-
ber plus one (1) of members of the public,
whose names shall be submitted by the city
manager no fewer than five (5) days prior to
the above -mentioned public hearing.
At the conclusion of the public hearing, the com-
mission shall authorize the issuance of a request
for proposals, select a certified public accounting
firm, and appoint the members of the review com-
mittee only from among the persons recommended
by the city manager.
1209
A-g
C Cj - �. �: tl a 5
4 1852.9 WAMI CODE 4 1852.9
(d) Developer lists. Developer lists may be com-
piled to provide the city with the names of devel-
opers who may be interested in competing for
various types of city projects. Unless otherwise
provided, inclusion or exclusion of the name of a ;
developer does not indicate whether that devel-
oper is responsible with respect to a particular
procurement or otherwise capable of successfully
performing a particular city project..
(e) Public notice. Notice inviting proposals shall
be published at least once in a newspaper of gen-
eral circulation in the city to provide a reason-
able time for proposal preparation considering the.
content and complexity of the anticipated scope of
work. In any event, at least fifteen (15) days shall
intervene between the last date of publication
and the final date for submitting proposals. Such
notices shall state the general description of the
scope of work, the place where a copy of the re-
quest for proposals may be obtained, and the time
and place for receipt of proposals. The city man-
ager may, in addition, solicit proposals from all
responsible prospective developers listed on a cur-
rent developers list by sending them copies of the
public notice to acquaint them with the proposed
procurement.
(f) Preproposal e:onferencm Preproposal confer-
ences may be conducted to explain the require-
ments of the proposed procurement. They shall be
announced to all prospective developers known to
have received a request for proposals. The confer-
ence should be held long enough after the request
for proposals has been issued to allow developers
to become familiar with it but sufficiently before
proposal submission to allow consideration of the
conference results in preparing proposals. Noth-
ing stated at the preproposal conference shall change
the request for proposals unless a change is made
by written amendment. A summary of the con-
ference shall be supplied to all those prospective
developers known to have received a request for
proposals. If a transcript is made, it shall be a
public record.
(g) Receipt o f proposals Proposals shall be opened
publicly in the presence of two (2) or more city
officials. After the closing date for receipt of pro-
posals, a register of proposals shall be prepared
by the city manager which shall include, but not
Supp. No.10
be limited to, the name of each offeror and a
summary description sufficient to identify the proj-
ect. The register of proposals shall be open to
.public inspection.
(h) Minority participation. The city's minority
procurement program shall be referred to in the
requests for proposals and shall apply to the award-
ing of contracts for unified development projects.
(i) Evaluation of proposals. The procedure for
the selection of an integrated package proposal
shall be as follows:
(1) All proposals shall be analyzed by a certified
public accounting firm appointed by the com.
mission based only on the evaluation criteria
applicable to said certified public accounting
fiat contained in the request for proposals.
Said certified public accounting firm shall
render a written report of its findings to the
city manager.
(2) The review committee shall evaluate each
proposal based only on the evaluation criteria
applicable to said review committee contained
in the request for proposals. Said review com.
mittee shall reader a written report to the
city manager of its evaluation of each propo-
sal, including any minority opinions.
(3) Taking into consideration the findings of the
aforementioned certified public accounting firm,
the evaluations of the aforementioned review
committee, and the degree of minority partic--
ipation in city contracts, the city manager
shall recommend one (1) or more of the pro-
posals for acceptance by the commission, or
alternatively, the city manager may recom-
mend that all proposals be rejected.. If there
are three (3) or more proposals and the city
manager recommends only one (1), or if he
recommends rejection of all proposals, the city
manager shall state in writing the reasons
for his recommendation. In transmitting his
recommendation or recommendations to the
commission, the city manager shall include
the written reports, including any minority
opinions, rendered to him by the aforemen-
tioned certified accounting firm and review
committee.
1210
A-9
05- 1715
a
$ 1852.9 FINANCE
§ 1853
(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 off'erois 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
interests of the city in achieving the most
the review committee, the commission shall, by
economical contract performance.
an affirmative vote of a majority of its members:
(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
agreement which shall be negotiated in the
All contracts for unified development projects
same manner as if the item to be purchased
shall be signed by the city manager or his desig-
thereunder were to be individually purchased
nee after approval thereof as to form and correct-
or contracted for under the provisions of arti-
ness by the city attorney and approval by the city
cles N and V of this Code. Such orders shall
commission. (Ord. No. 9572, § 1, 2-10-83)
state a specific monetary limit which may
City code cross reference —Minority participation in uni-
not be exceeded except on written approval
fied development contracts, § 18-73.
by the chief procurement officer.
Sec, 18-53. Types of contracts. (4)
Multiyear contracts.
(a) Subject to the limitations of this section,
(i) Unless otherwise provided by law, a con -
any type of contract which will promote the best
tract for supplies or services, sales, or
interests of the city may be used, except that the
leases may be entered into for any period
use of a cost-plus contract is prohibited.
of time deemed to be in the best interests
(1) Fixe&price contracts. Fixed -price contracts shall
of the city, provided that the term of the
ordinarily be used for those purchases of goods
contract and conditions for renewal or
and services or sales and leases where the
extension, if any, are included in the in -
terms, conditions, specifications and other fac-
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-10
r_ A 5
Subpt. A
CHARTER
§3
other evidence of city indebtedness shall be
(ii) To acquire or dispose of services inside
imposed on the bonds of the city.
or outside the city, by purchase, gift,
(b)
Streets, parks, bridges, sewers, grade cross-
or otherwise for any purposes of the
ings, speed of uehicks; services and rates of
city.
(iii) To lease to or contract with private
motor vehicle carriers: To pave, grade, curb,
fu•ms or persons for the commercial use
repave, macadamize, remacadamize, lay out,
open, close, vacate, discontinue, widen, and
or management of any of the city's wa-
otherwise improve streets, alleys, avenues,
terfront property, but only in compli-
boulevards, lanes, sidewalks, parks, prom-
ance with the other requirements of
-
enades, and other public highways or any
this charter and on condition that:
part thereof, and to hold liens thgrefor as
(A) the terms of the contract allow rea-
hereinafter provided; to construct and main-
sonable public access to the water
tain bridges, viaducts, subways, tunnels,
and reasonable public use of the
sewers, and drains, and regulate the use of
property, and comply with other
all such highways, parks, public grounds,
charter waterfront setback and
and works; to prevent the obstruction of
view -corridor requirements; and
such sidewalks, streets, and highways; to
the terms of the contract result in
abolish and prevent grade crossings over
a fair return to the city based on
the same by railroads; to regulate the' op-
two independent appraisals; and(C)
eration and speed of all vehicles using the
the use is authorized under the then
streets, highways, and railroads within the
existing master plan of the city;
city; to regulate the service rendered and
(D) the procurement methods prescribed
rates charged by busses, motor cars, cabs,
by ordinances are observed.
and other vehicles for the carrying of pas-
Any such lease or management agree-
sengers and by vehicles for the transfer of
meat or proposed extension or modifi-
baggage.
cation of an existing such lease or man-
agement agreement which does not com-
(c)
Special or local assessments.• To impose spe-
ply with each of the above conditions
cial or local assessments for local improve-
shall not be valid unless it has first
ments as hereinafter provided and to en-
been approved by a majority of the vot-
force payment thereof.
ers of the' city.
(d)
Contracting debts and borrowing money.
_
Nothing herein contained shall in any
Subject to the provisions of the Constitu-
manner affect or apply to any project
tion of Florida and of this charter, to con-
the financing of which has been pro-
!
tract debts, borrow money, and make and
vided by the authorization of bonds to
issue evidences of indebtedness.
be issued by the city.
(e)
Expenditures: To expend the money of the
(g) Public' property and improvements: To make
city for all lawful purposes.
and maintain, inside and outside the city,
public improvements of all kinds, includ-
M
Acquisition and disposition of property and
ing municipal and other public buildings,
services.
armories, markets, and all buildings and
(i) To acquire by purchase, gift, devise,
structures necessary or appropriate for the
condemnation or otherwise, real or per-
use of the city; to acquire by condemnation
sonal property or any estate or inter-
or otherwise all lands, riparian and other
est therein, inside or outside the city,
rights, and easements necessary for such
for any of the purposes of the city; and
improvements; and to rent or lease from
to improve, sell, lease, mortgage, pledge,
any person any land or building within or
or otherwise dispose of such property
without the city or any part thereof for any
or any part thereof.
municipal purpose.
Supp. No. 27
3
A-11
ky J � JL
§ 3 CHARTER AND RELATED LAWS Subpt.
to be contributed for maintenance of the
0i) In order to preserve the city's natural
fund.
scenic beauty, to guarantee open spac-
(11) Airports and landing fields. To acquire by
es, and to protect the waterfront, any-.
purchase, lease, condemnation, or otherwise,
thing in this charter or the ordinances
lands inside or outside the city limits for
of the city to the contrary notwithstand•
use as landing fields or airports; to con-
ing, neither the city nor any of its agen
struct and equip thereon or on other prop
cies shall issue building permits for
erty of the city such improvements as may
any surface parking or enclosed struc-
be necessary for that purpose; to operate
tares located on Biscayne Bay or 'the
and maintain such facilities; to provide rules
Miami River from its mouth to the N.W.
5th Street Bridge,
and regulations governing their use and
(A) which are not set back at least 50
the use of other property or means of trans-
portation within or over the same; and to
enter into contracts or. otherwise cooperate
depth of the lot is less thant 00
with other government entities or other pub-
fe et, the setback shall least
f25 e
lic or private agencies in all matters relat-
percent of the lot depth), and
(B) which do not have average side
ing to such facilities; otherwise to exercise
yards equal in aggregate to at least
such powers as may be required or conve-
25 percent of the water frontage of
nient for such establishment, operation, and
each lot based on average lot width.(iii)
maintenance; to levy taxes for any such
purpose; unless such facilities shall have
The above setback and side -yard re -
been acquired by lease, to issue bonds to
quuements may be modified by the city
pay the cost of such facilities; and to grant,
commission after design and site -plan
deed or dedicate lands, with or without con-
review and public hearing only if the
sideration, to other governmental entities
commission determines that the modi-
for use as landing fields or airports. (Laws
fications requested provide public bene•
of Fla. (1929), ch. 14234)
fits such as direct public access, public
walkways, plaza dedications, covered
(mm) Building and zoning-
parking up to the floodplain level, or
(i) To provide by brdinance building, plan-
comparable benefits which promote a
ning, and zoning regulations and re-
better urban environment and public
strictioas governing the height, num-
advantages or which preserve natural
ber of stories, method of construction,
features. Wherever setback, side -yard,
type, and size -'of buildings and other
or site -plan review requirements of,zon-
structures; the percentage and portion
ing ordinances are greater than the
of the lot or site that may be occupied;
foregoing requirements, such greater
the size of the f mnt, rear, and side yards,
requirements shall govern.
(iv) These requirements shall not apply to
courts, and other open spaces; the lo.
cation, use of buildings, structures, and
docks and appurtenant structures, single -
land for trade, industry, residences,
family residences and appurtenant strnc-
apartment houses, and other purposes;
tures, and waterfront industrial uses
and the widening and future widening
along the Miami River and at the Port
of streets in zoned street areas that the
of Miami. Nothing herein contained shall
city may establish. Such regulations
in any manner affect or apply to: the
may provide that a board of appeals or
City of Miami/University of Miami
the city commission may determine and
James L. Knight International Center
" vary the application of building, plan-
and hotel facility, including all improve-
ning, or zoning ordinances in harmony
meats thereon, or to lands and projects
with their general purpose and -intent.
which the at' commission has approved
Supp. No. 27
A-12 - - -
Subpt. A CHARTER
prior to September 18, 1979, by devel-
opment order pursuant to chapter 380
of Florida Statutes of a planned area
development pursuant to article XXI-
1, City of Miami Comprehensive Zon-
ing Ordinance or which have received
site and development plan approval,
including Plaza Venetia, Phase II, Reso-
lution No. 72-113, April 20, 1972; Res-
olution No. 72-114, April 20; 1972; and
Resolution No. 72-416. July 20, 1972.
(nn) Borrowing to erect and add to public build-
ings To borrow money for the erection, con-
struction, and furnishing of public build-
ings, including hospitals, city office build-
ings, city halls, and other municipal struc-
tures; to borrow money for the purpose of
building additions to public buildings now
owned by the city; to execute notes and
other evidences of indebtedness, and to se-
cure the same by a mortgage upon said
buildings and the land upon which the build-
ings may be located; to pledge and hypoth-
ecate the net. revenue, after the payment of
all operating expenses and fixed charges,
including interest on the debt so created
and on all other debt created in the con-
struction of such building, as well as to
pledge and hypothecate the net revenue
derived from such buildings and the land
upon which they stand, all for the purpose
of securing the repayment of money bor-
rowed to be used in such construction; to
issue certificates of indebtedness secured
by the net receipts from the use or rental of
the buildings or additions to present exist-
ing buildings erected or to be erected for
public purposes. Notwithstanding the fore-
going, no tax shall ever be levied nor money
taken or diverted from the general funds of
the city for the payment of the indebted-
ness authorized by this section. (Laws of
Fla. (1933), ch. 16561)
(oo) Borrowing to provide adequate waterworks
system To borrow money for the purpose of
providing an adequate waterworks system,
including new water lines, and for the pur-
pose of repairing, improving, and extend-
Supp. Na 27
S3
ing the existing waterworks system; to issue
promissory notes and certificates of indebt-
edness, and to secure same. by an assign-
ment of all net rentals and net revenues,
after the payment of all operating expenses
and fixed charges, including interest on the
debt so created, and all debt created for the
construction of such work, derived from said
waterworks system or any portion thereof,
until moneys so borrowed shall have been
fully paid, to mortgage the entire water.
works system or any portion thereof to make
necessary repairs; and to pledge the net
revenue derived from said system, until said
money shall have been fully repaid. Not-
withstanding the foregoing, no tax shall
ever be levied nor money taken or diverted
from the general funds of the city for the
payment of the indebtedness authorised by
this section.
(pp) Borrowing to purchase, hire, maintain, op-
erate, or lease public utilities: To borrow
money for the purpose of constructing, pur-
chasing, hiring, maintaining, operating, or
leasing local public utilities, including street
railways, electric light lines, and equipment
necessary for supplying the city and its in-
habitants with transportation, illumination,
power, water, ice, and gas for heating and
illuminating; to mortgage the public utili-
ties so constructed, purchased, hired, main-
tained, operated; to issue promissory notes _
and certificates of indebtedness evidencing
the existence of the indebtedness created
by the borrowing of said money-, to pledge
and hypothecate the net revenue, after the
payment of all operating expenses and fixed
charges, including interest on the debt so
created and all other debt created for the
construction of such works, derived from
the operation of such public utilities so con-
structed or purchased, including said net
revenue derived from such street railway,
electric light plant, telephone and telegraph
system, and water, ice, and gas plants; to
pledge such net revenue until the money so
borrowed shall have been fully repaid. Not-
withstanding the foregoing, no tax shall
A-13
j
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 10062
and
Ordinance 10538
§ 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, §§ 1-6, adopted Jan. 19, 1984, codi-
fied as § 18.72, concerning the minority procurement program.
At the discretion of the editor, §§ 1-7 of Ord. No. 10062 have
been codified as art. IV.5, I 18-67-18-74.
City code cross reference—Lesse of city -owned property
to require minority procurement clause, § 2-363.
County code cross reference —Procedure to increase par-
ticipation of Black vendors of commodities and services in
county contracts. § 2-8.2.
Supp. No. 32
§ 18-68
Facilities means all totally or partially publicly
financed projects including, but without limita.
tion, unified development projects, municipal pub.
lic works and municipal improvements to the ex-
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 filly -one (61) percent of said enterprise is
owned by Blacks, Hispanics or women whose man-
agement and daily business operations are con-
trolled by one (1) or more Blacks, Hispanics or
women and who employ a maximum of twenty-
five (25)'employees or have a net worth not in
excess of two million dollars ($2,000,000.00).
Procurement expenditures shall mean a purchase,
payment, distribution, loan or advance for the
purpose of acquiring or providing goods and services.
Set -aside is the term which will be used to des-
ignate a given purchase or contract or a portion of
a given purchase or contract award for Black,
Hispanic and/or women -owned businesses. Set -asides
may only be utilized where it is determined, prior
to the invitation to bid or request for proposals,
that there are a sufficient number of certified
Black, Hispanic and/or women -owned businesses
to afford effective competition for the purchase.
Vendor means any business entity providing
goods, services or equipment to the city through a
purchase, field or blanket order or contract. (Ord.
No. 10062, § 2, 12-19-86; Ord. No. 10538, § 1,
1-12-89)
1217
B-1
95- �1 15
k�_
§ 18 69 MIAMI CODE
Sec. 18-69. Established; components.
(a) A minority and women business affairs and
procurement program for the city is hereby estab-
lished. The city manager's office shall be held
accountable for the full and forceful implementa-
tion of the minority and women business affairs
and procurement program by providing appropri-
ate recommendations for action by the city com-
mission.
- (b) For the purpose of assisting the city man-
ager in the implementation of said program, a
minority and women business affairs and procure-
ment committee is hereby established, consisting
of an appropriate number. of members, to be ap-
pointed by the city manager, with full represen-
tation of Hispanics, Blacks and women to be re-
sponsible for monitoring the implementation of
the program and making recommendations for
achieving the requirements of this article. The
committee shall be responsible for generating yearly
progress reports to the city commission and the
community at large.
- (c) The city manager shall, utilizing existing
resources, create an office of minority and women
business affairs and procurement; and shall pro-
vide the appropriate staff and resources necessary
for the performance of all such administrative
duties; authorize and implement the administra-
tive guidelines and procedures required; and en-
sure compliance with the functions required to
promote the achievement of the program's goals
and objectives of increasing the volume of city
procurement and contracts with Black, Hispanic
and women -owned businesses. (Ord. No. 10062, §
3, 12-19-85) •
Cross reference —Department of general services adminis-
tration to contain ofFice of minority and women business af-
fairs and procurement, § 2-263.
Sec. 18-70. Duration of program.
The minority and women business affairs and
procurement program established herein shall be
in effect only until such time as the effects of
prior unwarranted discrimination against Blacks,
Hispanics and women have been compensated for,
at which time the goals and set -asides provided
for herein shall no longer be observed. Such need
shall be reviewed every two (2) years by the city
Supp. No. 32
§ 18-73
commission, upon the recommendation of the city
manager. (Ord. No. 10062, § 7, 12-I9.85)
Sec. 18-71. Applicability.
V,xcept 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, § " 12-19-85; Ord. No. 10538, § 2,1-1.2489)
Sec. 18.73. Required statements for solicita-
tions or notices; required state-
ments on contracts and awards.
(A) It shall be mandatory for all city solicita-
tions or notices 'inviting bids, proposals, quotes,
letters of interest and/or qualifications, to contain
the approved requirements for M/WBE participa-
tion and to have these requirements incorporated
by reference, along with the inclusion of the ap-
propriate compliance forms, into the resulting con-
tracts and/or bid award documents. The city office
of minority/women business affairs is to be con-
sulted prior to the issuance of any such adver-
tisements or solicitations for the purpose of de-
termining the recommended goals or set -asides to
be included, and again prior to the signing of
1218
$-2
§ 18.73
FINANCE
resulting contractrAid awards for the purpose of
verifying compliance thereto.
(B) It shall be mandatory for all city contracts
and/or procurement award documents to contain
the following:
(1) A specific reference to the applicability of the
minority and women business affairs and pro-
curement program established by this article.
(2) A provision stating the right of the city to
terminate and cancel any contract or,contrac-
tual agreement entered into, including elim-
ination of the individual and/or business en-
terprise from consideration and participation
in future city contracts, on the basis of hav-
ing submitted deliberate and willful, false or
misleading information as to his, her or its
status as a Black, Hispanic and/or women -
owned business enterprise and/or the quan-
tity and/or type of minority and women -owned
business participation.
(3) A requirement that each successful bidder or
offeror agree to provide a sworn statement of
compliance with the provisions of this article
and its specific applicability to the purchase
or contract award under consideration; such
statement shall certify that the bidder or of-
feror, during the course of time involved in
the performance of the contract sought by
such bidder or offeror, shall not discriminate
against any business, employee or applicant
for employment because of age, ethnicity, race,
creed, color, religion, sex, national origin, handi-
cap or marital status.
(4) A statement of the extent to which the busi-
ness enterprise has as one (1) or more of its
partners or principals persons who are Black,
Hispanic or women, or is a joint venture com-
prised of a nonminority and minority busi-
ness and/or women -owned enterprise.
(5) A requirement that each bidder, proposer, or
vendor submit along with the bid or proposal
an affirmative action plan (AAP). Any signif-
icant equity participants, joint venture par-
ticipants, subcontractors, suppliers or other
Supp. No. 32
§ 18-74
parties to the bid or proposal shall also be
required to submit such plans. The objective
of the city is to require that bidders, propos.
ers, and vendors doing business with the city
take certain actions designed to assure equi-
table participation of Blacks, Hispanics and
women in their hiring and promotion activi-
ties. In view of this objective:
(a) All city vendors and contractors shall im-
plement specific affirmative action plans
as approved by the director of the office
M/WBE affairs and shall demonstrate a
good faith effort to ensure equal employ-
ment opportunities for Blacks, Hispanics
and women on each purchase or contract.
Vendors and contractors shall document
these efforts fully and shall provide re-
ports as may be required by the city.
(b) Vendors and contractors shall permit ac-
cess to their books, records and accounts
by the office of MJWBE affairs -or her
designee for the purpose of investigation
to ascertain compliance with the forego-
ing requirements.
(c) In the event of vendors' or contractors'
noncompliance with the affirmative ac-
tion requirements of this section, the city
manager may suspend in whole or part,
cancel or terminate the bid or contract
award and/or impose other sanctions as
may be determined to be appropriate.
(6) A provision specifying the requirements -.for
continued bidder or offeror eligibility includ-
ing minority and female involvement. (Ord.
No. 10062, § 4B, 12-19-85; Ord. No. 10538, §
3, 1-12-89)
Cross reference —Affirmative action division, § 2.236.1.
Sec. 18-74. Good -faith effort required.
Bidders or offerors shall be required to demon-
strate a reasonable and good faith effort to solicit
and obtain the participation of qualified minority
and women -owned businesses in all bid and pro-
posal documents. (Ord. No. 10062, § 5, 12-19-85)
1219
B-3
§ '18.75 RIIAM CODE § 18.78
Sec. 18.75. Contractor's certificate of compe-
tency.
(a) For the purpose of this section, the follow-
ing terms, phrases, words, and their derivations
shall have the following meanings:
(1) Business enterprise means any corporation,
partnership, individual, sole proprietorship,
joint stock company, joint venture, professional
association or any other legal entity.
(2) Construction contract means agreements,for
the erection, alteration, demolition, or repair
of any public building or any other kind of
public work or improvement.
(3) Minority and women -owned business enterprise
means a business enterprise in which at least
fifty-one f51) percent of said enterprise is owned
by Blacks, Hispanics or women whose man-
agement and daily business operations are
controlled by one (1) or more Blacks, Hispan-
ics or women.
(b) The owners of minority or women business
enterprises submitting bids for construction con-
tracts to be let by the city must be certified in the
field for which the contract is to be let pursuant
to chapter 489, Florida Statutes or Chapter 10,
Code of Metropolitan Dade County in order to
qualify for the minority or women preference on
such contract. (Ord. No. 10332, § 4 1, 2, 10-22-87)
Editor's note —Sections 1 and 2 of nonamendatory 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, 1969.
Sec. 18.76. Administrative procedures.
The departments of finance, public works and
general services administration are authorized to
establish the required administrative procedures
to insure compliance with the provisions as set
forth herein.
The finance department is mandated to insti.
tute payment procedures which will insure, in
those instances in which the M/WBE bid or con.
tract requirements result in contracts, subcontracts
or joint ventures for M/WBEs, that compensation
provided pursuant thereto shall be in the form of
Supp. No. 32
1220
B-4
a check made payable to the primary contractor,
bidder or proposer, and (if appropriated jointly) to
the minority/women business enterprise subcon-
tractor or joint venture partner in an amount not
to exceed the subcontracted or joint venture amount,
based upon approved invoices submitted by the
prime contractor, proposer or joint venture, to the
city.
In the event a dispute should arise as to the
performance or payment of the primary contrac-
tor or bidder/proposer or the MIWBE, under the
terms and conditions of the city contract or pro-
curement award document, compensation shall
be withheld until such* time as the dispute is re-
solved in accordance with the procedures set forth
in this chapter for resolving such disputes.
All administrative directors shall amend their
existing policies and procedures or to create such
new ones as may, be required to insure and report
on compliance with all aspects of this article. (Ord.
No. 10538, § 4, 1-12-89)
Sec. 18-77. Designation of director as respon-
sble 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-
trac tlaward requirements, creating and implement-
ing compliance guidelines, monitoring compliance,
resolving disputes, and reporting on all of the
above to the city manager. (Ord. No. 10538, § 5,
1-12-89)
95- 415
J-85-944
lA/11/BS ORDINANCE No. 10 0 6 2
so-..
AN ORDINANCE REPEALING ORDINANCE NO. 977S.
THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF
THE CITY OR 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.
FLORIDA,' 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 31 PERCENT OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
'TO BUSINESSES OWNED BY BLACKS (17%1.
HISPANICS (172); AND WOMEN (175); AUTHORIZING
IMF. 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,
COALS AND OBJECTIVES;. AND CONTAINING A
SEVERABILITY CLAUSE.
WHEREAS; Ordinance No. •4775 dealing. with minority
procurement has been 'found to be in need of revision and
modification to strengthen the effectiveness of the City of
Miami's Minority Procurement Policy and Prograis; and
WHEREAS; the City Commission; in repealing Ordinance No.
9775 and in adopting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
authorised pursuant to the Charter of the City of Miami.
Sections 52 and 83; and the Municipal Home Rule Powers Act of
1973. Chapter 166.001 et seq., Florida Statutes, as amended; and
WHEREAS; the U.S. Supreme Court has upheld Dade County
Ordinance No. 82-67; adopted July 20, 1904; restricting bidding
on construction projects to Black -owned firms when prior
unwarranted discrimination has boon 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
1
D C
QQJ5- L115
heretofore impaired; limited or foreclosed procurement and
contracting opportunities for businesses owned by Blacks;
Hispanics and Women with'the City of Miami; and
WHEREAS; the City of Miami has established a policy of
constructive affirmative action to eliminate substantially the
effects of prior discrimination; and
WHEREAS; the proposed Minority and Women Business Affairs
and Procurement Progran,and Policy contains requirements: (a)
that those who contract with the City of Miami in the areas of
procurement shall not discriminate against any business,
employee or-appllcant for employment because of age; ethnicity.
race, creed; color; religion; sex; national origin; handicap, or
marital status; and (b) that such city contractors have and
implement an Affirmative Action or -Equal Employment Opportunity
policy to ensure that such businesses; employees or applicants
for employment are treated equally without regard to age,
ethnicity; race, creed, color; religion; sex, national origin,
handieap or •arital status, and
WHEREAS, implementatiG#F-cf this ordinance will serve the
best interest of the City and will gaximist the opportunity for
smail business concerns owned and controlled by Blacks,
Hispanics -and Women to procure or contract with the City of
Miami in the area of procurement; and
WHEREAS, to be effective it is necessary and desirable to
establish for the City of Miami a Minority and Women Business
Affairs Procurement Program with the appropriate goals,
obJectives; administrative procedure and resources; and. adopt
legislation remedying the affected Hispanic, black and Women.
owned businesses- ,
NOW, THEREFORE; BE 1T ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI; FLORIDA:
Section 1. This Ordinance shall be known and may be cited
as *The Minority -4 nd Women Business Affairs and Procurement
Program Ordinance of the City of Miami.'
Section 2. ' For the purpose of this Ordinance, tho
following terms phrases. words, and their derivations shall have
the following meanings;
2 Q� 2 !!
L
A. Business •Enttrpr_ ist means any corporation;
partnership; individual, sots proprietorship. joint stock
company, joint venture; professional association or any other
legal entity that is properly licensed to do business with the
City of Miaatii and/or Dade County and/or the State of Flarida.
B. Minority and Women -awned Business_ Enterprise.aeans
a business enterprise in Which ,at least 51 percent of said
enterprise is owned by slacks. Hispanics or Women whose
management and daily business operation$'.are* control Iad by one
or more Blacks; 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 Worts and municipal
improvements to the extant they are financed wit9r City stoney.
utilise City property;-ar require City Services -
to Goods and •services include; Without limitation.
public works, improvements; facilities; professional services.
commodities; supplies, materials and e4uipment.
F. Coal means the percentages of the annual dollar
volume of procurement expenditu,rts determined by this ordinance
to be offered for Minority and Women business participation.
4. Set -aside is the terra which Will bt used to
designate a given purchase or contract or a portion of a given
purchase or contract award for Black. Hispanic and/or Women -
owned businesses. Set asides may only be utilized where it is
determined; prior .to the 1AvI tattom to bid or re4uest for
proposals, that there are a sufficient number of cortifIad
Black, Hispanic and/or Warren -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 to and carry out a
single business enterprise for profit.
#3062
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Y. Procurement Ekb*"(, rem shall ■Aan a purchase-
payment- distribution; loan or advance for the purpose of
acquiring or providing goods and services-
Je Affirmative, Action Pfau shall include the
projected 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. employment and 'the utilization of
minority and female -owned businesses.
Section 3. A Ifinoritz and Women gas iness. Affairs and
Procurement Program for the City of Mlamt is hereby established.
The City Manager's Office shall be hold accoontable for the full
and forceful Implementation of the Minority and women business
Affairs and Procurement Program by providing approprlat*
recommendations for action by the City Commission -
A. for the purpose of assisting the City Manager in
the implementation ur. saY%o ocagreme a minority And women
justness Affairs and Procurement Committee is hereby
establishedo consisting of an appropriate austber of members.• to
be appointed by the City Manager; with full representation of
Hispanics. llacks'ted Women to be responsible for monitoring the
implementation of the program and making recommendations for
achieving the requirements of this Ordinance. The Committee
shall be responsible for generating yearly progress reports to
the City Commission and the community at large-
B. The City manager Shall. utiltzimg existing
resourcese create an Office of Minority and wasen Business
Affairs and Procurement; and shall provide the appropriate staff
and resources necessary for the performance of all such
&dot at strati ve duties;, authorize and - implement the
administrative guidelines and procedures required; and ensure
campltance 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 womtn-own,ed businesses.
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Section t: The objective of the City is to achieve a goal
of awarding a minimum of $IS of the total annual dollar votuee
of all procurement expenditures, to Blacks, Hispanics and Komen-
owned business enterprises to be apportioned as follows:
seventeen percent (17%) to Blacks; seventedn percent (17S) to
Hispanics and seventeen percent (17S) to 1lomen.l
.A. 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 woaen-
owned business enterprise procurement set -aside is hereby
established for use by the City Manager as he or she may deem
advisable or necessary to increase the participation of Black,
Hispanic• and Women -owned businesses in City procurement
contracts*
i. it shall be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(i.) A specific reference to the applicability
of the Minority rnd Homen Business Affairs... -sad Procurement
Program established by this ordinance;
(2.) A provision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into; including elimination of the individual(s) and/or
business enterprises) from consideration and participation in
future City contracts; on the basis of having submitted
deliberate and willful; false or misleading information as to
his, her or its status as a Stack, Hispanic and/or Women -awned
businesi enterprise and/or the quantity and/or type of minority
and women -owned business participation;
(3.) A -requiremeat that each successful bidder
or offeror agree to.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 self-selection, shall be
listed in only one (1) of the categories: race, ethnicity,
gender.
1a082
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court* of time involved in Performance of the contract
sought by such bidder or offeror; shalt not discriminate against
any business; *mployes. or applicant for employment because of
age. ethnicity; 'race, creed; color. religion; sex. national
origin, handicap or marital status;
(4o) A statement of the extent to which the
business enterprise has as one or more of Its partners or
principals persons who are Black, Hispanic or Women; or is a
joint venture comprised of a non -minority and minority business
and/or women -owned enterprise.
(3.9 A requiremwent that each bidder submit along
with the bid or proposal as Affirmative Action Plan (AAP). Any
significant equity participants; joint venture participants,
sub-cantraetors; suppliers or ether parties to the bid or
shall also be required to submit such plans.
:Z.) A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
female involvosent.
Section S. bidders or offerors sitall be required to
demonstrate a reasonable and good faith effort to solicit and
obtain the participation of amaliflod minority and women -owned
businesses in all bid and proposal documents.
Section 6. Except where federal . or state law or
regulationi mandate to the contrary; the provisions of this
section will be applicable to all City of Miami, prebid, bid,
contract or other agreements negotiated by the City%
Section 7. The Minority amd Woman lusiness Affairs and
Procurement Program established herein shalt be in effect only
until such time as the effects of prior vowarranted
discrimination against tiaeks9 Hispanics and Women have been
compensated for, at which time the goals and set-asides,provlded
for herein shall no longer be observed. Such need shall be
reviewed every two yeari by -the City Commission, upon the
recommendation of the City Manager.
Section a. Ordinance No. 9775, the Minority Procurement
Program Ordinance of the City of Miami, Florida, is hereby
repealed.
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Section 9. Should any part or provision of this Ordinance
be ►declared by a Court of Fofapeteat Jurisdiction to be invalid.
Same shall not affect the validity of the Ordinance as a what*.
PASSED' ON FIRST READING BY TITLE ONLY this 26th day of
November , 1985.
PASSED AND ADOPTED ,ON SECOND AND FINAL READING BY TITLE
ONLY this 19th day of December 1985.
ATTEST:
ATH
r
City Clerk
PREPARED AND APPROVED BY
A. QUIVN
Deputy City —Attorney
APPROVED AS TO FORM AND CORRECTNESS$
Aza ;�' C✓L e�-'t-�
1 City Attorney
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1/12/89
ORDINANCE NO. :1.0538
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED
"FINANCE", OF THE CODE OF THE CITY OF MTAMI,
FLORIDA, AS -AMENDED, BY REDEFINING THE TERM
"MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE
AND DEFINING THE TERN "VENDOR" IN
SECTION 18-68; 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 18-77 DESIGNATING THE DIRECTOR
OF THE OFFICE. OF M/WBE AFFAIRS AS THE CITY
OFFICIAL RESPONSIBLE FOR ESTABLISHING AND
IMPLEMENTING M/WBE BID AND CONTRACT
PARTICIPATION REQUIREMENTS, COMPLIANCE
GUIDELINES, AND MONITORING AND REPORTING
PROCEDURES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
FF6 13 P �9
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 (APP. 4-86),
issued October 1, 1986, provides for the administrative
implementation of Ordinance No. 10062; and
WHEREAS, it has been determined that there is further need
for legislative relief to obtain said goals, particularly as it
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relates to the City's bid, proposal and contract process and the
resulting documents on a bid/contract by bid/contract basis to
achieve the annual goals;
NOW, THEREFORE, -BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 18-68, is hereby amended in the
following particulars.I
"Sec. 18-68. Definitions.
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have
the following meanings:
• a
Minority and women -owned 8mgu 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 maximud of twenty-
five (25L employeeg or have a net worth not in excess
of two million dollars."
• t •
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
the following language:
"(a) The objective of the City is to achieve a goal of
awarding a minimum of fifty-one percent (51%) of
the total annual dollar volume of all procurement
expenditures to Black, Hispanic and women -owned
small business enterprises to be apportioned as
follows:
Seventeen percent (17%) to Blacks, seventeen
percent (17%) to Hispanics and seventeen percent
( 17%) to women; such coal shall beapplierl to all
city bids and contracts."
Section 3. Section 18-73 is hereby amended by adding the
following language:
'Sec. 18-73. Required statements for solicitations or
notices: required statements on contracts
and awards.
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and �c� anged
material. y -- 1L
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kU538
participation and to have these requirements
j co nce along with the
inclusi,9n of the appropriate compliance forms.
into the esultina contracts and/or bid award
documents, The City of Miami Ia officQ of
Mino_itty/Women_Business Affairs is to be consulted
prior to the issuancS of_ any such adve isements
or solicitations for the purpose of d!terminina
the recommended aoal(ej or set -asides to be
included and again prior to the signina of
resulting contracts/bid awards for the pilrp2se of,
verifying compliance thereto,
b, It shall be mandatory for all City contracts
and/or procurement award documents to contain the
following:
(5) A requirement that each bidder, proposer, or
vendor, submit along with the bid or proposal an
affirmative action plan (AAP). Any significant
equity participants, joint venture participants,
subcontractors, suppliers or other parties to the
bid or proposal shall also be required to submit
such plans.
The objggtive of the City is to require that
bidders proposers and vendors doing business
W th the City of Miami take certain actions
designed to assure eitable participation of
qu
Blacks Higpanigs and women in their hiring and
promotign nrtiyjtiaa_ in view of this objective
Section 4. The following new Section 18-76 is added in its
entirety:
"Sec. 18-76. Administrative Procedures.
The Departments of Finance, Public works and General
Services Administration are authorized -to establish the
required administrative procedures to insure compliance
with the provisions as set forth herein.
—3— 1U� 38
B-14
The Finance Department is mandated to institute payment
procedures which will insure, in those instances in
which the M/WBE bid or contract requirements result In
contracts, subcontracts or joint ventures for M/WBEs,
that compensation provided pursuant thereto shall be in
the form of a check made payable to the primary
contractor, bidder or proposer, and (if appropriated
jointly) to the minority/woman business enterprise
subcontractor or joint venture partner in an amount not
to exceed the subcontracted or joint venture amount,
based upon approved invoices submitted by the prime
i
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 S. 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 19 88.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of _ January 19 89.
j
AaL*
XAVIER L. EZ, Mayor —
MA Y HIRAI
City Clerk
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B=15- �"�
PREPARED AND APPROVED BY:
LINDA K. KEARSO
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
ct
JOR E L. FER ANDEZ
Cit Attorne
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APPENDIX C
Watson Island Master Plan
(selected excerpts)
WATSON ISLAND MASTER PLAN
u
INTRODUCTION
Watson Island is an entirely man-made spoil island,
located in Biscayne Bay, 86 acres in area, consisting
of dredge material from Government Cut. Watson Island
was originally deeded to the City of Miami by the
State of Florida in 1919. The island has remained
largely undeveloped for seventy years, serving
primarily as open recreational space and a
transportation terminal for seaplanes, helicopters,
and until 1980, an airship.
The island has been the subject of repeated efforts to
develop major public facilities from a 1935 proposal
for a Pan American Merchandise Mart to more recent
concepts for a theme amusement park in 1980 and a
Marine Exposition Center/marina and hotel in 1986.
None of the past proposals had been preceded by a
public policy plan for the island that gave direction
to these private initiatives.
PURPOSE OF PLAN
in accordance with Commission Motion No. 88-253, the
Watson Island Master Plan presented herein offers a
set of public purpose goals for the island and
addresses policies for the use, development,
enhancement, and infrastructure support needed to
achieve those goals. Standards for the type, amount,
area, and management of the proposed activities are
set forth to assure fulfillment of policy objectives.
Watson Island is thought of by many as a "clean
slate". No leases are in force and no significant
improvements exist except the Japanese Gardens, which
are being improved and must be kept. The only
significant constraint governing the future use and
development of the island is the 1949 deed of
conveyance from the State of Florida to the City of
Miami. The deed expresses certain limitations on the
use of the island, which, if violated, will render the
deed null and void. The language of the deed
restriction is as follows:
"...this deed is given and granted upon the
express condition subsequent that the Grantee
herein or its successors and assigns shall never
sell or convey or lease the above described land
or any part thereof to any private person, firm
or corporation for any private use or purpose, it
being the intention of this restriction that the
said lands shall be used solely for public
purposes, including municipal purposes and not
otherwise."
In 1980 and again in 1986, the city of Miami sought a
waiver of these provisions from the Trustees of the
Internal improvement Fund of Florida (the Governor and
Cabinet members) to permit the leasing of portions of
the island to private interests. The waiver was
granted on the basis that the proposed leasehold uses
were in substantial conformance with the public
interest and purpose of the island and in furtherance
of municipal purposes.
Thus, past experience suggests the Watson Island
Master Plan has the flexibility to consider private
and corporate leasehold activities, provided such uses
demonstrate a relationship to public purpose. This
leads to a wide range of use options that has induced
past development efforts to "clean the slate" and
impose on the island a major redesign and conversion
of uses.
The "clean slate" approach is appropriate, however,
only if historical and existing use patterns as well
are to be disregarded in a new plan. It is here the
public purpose question comes into clear focus. What
has seventy years of constant and extensive use told
us about the role this island plays in the life of the
city?
It is the particular challenge of this plan to fashion
a clear and compelling statement of public purpose for
Watson Island. "Public purpose" must embrace a
diversity of interests; open space, recreation,
maritime, tourism, downtown, center -city
neighborhoods, government and environmental. The
ideal master plan accommodates all of these interests
with a balance that the public can sense is in proper
proportion. Finding, defining and balancing these
"public purpose" interests would be for most plans, a
very difficult task. For Watson Island the job has
been simplified, for one unique and compelling reason:
FOR SEVENTY YEARS, THE PUBLIC HAS BEEN FREE TO
ADOPT AND ADAPT WATSON ISLAND TO ITS NEEDS, MUCH
AS IT SEES FIT. THE PATTERNS AND PATHWAYS OF
PUBLIC USE AND THE MERITS OF THOSE USES ARE WELL
ESTABLISHED AND UNDERSTOOD. AS A PROVING GROUND
FOR PUBLIC PURPOSE, NO BETTER PROCESS CAN BE
DEVISED. IT REMAINS TO TRACE THESE PATHWAYS OF
PUBLIC USE TO FIND WHICH LEAD TO A USEFUL FUTURE
AND WHICH HAVE TURNED AND FADED.
0
Existing Use Patterns - The following description of
the historical and existing uses of Watson Island
reflects assessments of both planning staff and public
opinion (as'expressed in informal field surveys):
RECREATION/OPEN SPACE - Public gathering,
strolling in the Japanese Gardens, swimmin
unstructured play (softball on the green , ,
sunbathing, ethnic festivals, polishing the car,
picnicking, jogging, celebrating birthday
parties, etc. - Watson island is to the center
city what Kennedy Park is to Coconut Grove. The
key ingredients in this recreation profile appear
to be the spaciousness and openness of the
island. It feels safe because it is so easy to
see what is going on around you and it rarely
feels crowded; plenty of room to do your own
thing, publicly yet anonymously. This is a
constant and active element in the island's use
and generally perceived by the public to be its
most valuable activity, one that must be
maintained and emphasized.
Existing Uses
Public Park (central open space) .. .. .. .. 10 acres
Shoreline recreation (cruise ship viewing) .. 3 acres
Public Beach - 12/02/88 .. ....... .... ..... 2 acres
Open field areas (north and east shores) .... 6 acres
Open field areas (south of causeway)......... 10 acres
Total 31 acres
OBSERVATION - Watching the cruise ships, waiting
for Chalk's amphibians to splash down in
Government Cut, driving across the island to see
the panorama of downtown, the port and Miami
Beach (60,000 People each day), strolling the
docks to see the days charter boat -fish catch,
watching the sunset silhouette the city's
skyline, enjoying Bayside's fourth of July
fireworks and pausing to catch the spiral
landings of helicopters. Many still recall vivid
images of the blimp drifting to earth, several
men tugging on trailing ropes as though landing a
giant celestial tuna. People have discovered
there is no better place to see the city and the
swirl of activity that surrounds the island. for
many, Watson Island is the observation deck of
the city; a fishbowl that seems to magnify the
spectacle of city life that leans in on all
sides.
BOATING - Charter fishing at the old city marina,
refueling at Phillip's 66 docks, sailing in club
regattas along the Venetian Isles, power boats
slicing through the intercoastal waters, surfing
catamarans onto the shore, jockeying trailers for
the right angle at the ramps, a yacht in from the
islands trailed by the marine patrol, kids
bobbing along in prams and parading motor boats
draped with festival lighting. Watson island is
the bay's only public island (excluding spoil
banks) with full 360 degree access by boat.
Eight thousand lineal feet of public shoreline
make the island a natural resource for marine
recreation and public boating. Without
exception, however, the shorelines are a
crumbling and decayed vestige of the islands long
boating tradition.
Existing Uses
Miami Yacht Club ....................... 3 acres
Miami Outboard Club ....................... 3 acres
Public Boat Ramp 4 acres
Public Marina ..................... 2 acres
Phillips 66 fuel docks .................... l acre
Total 13 acres
TRANSPORTATION/SIGHT-SEEING - Catching a Chalk's
flight to the Nassau casinos or an out -island
resort, chartering a sailing cruise to the Keyys
or spinning off in a helicopter for a tour of the
bay or a quick hop to a meeting in Broward
County. For fifty years until 1980, a blimp
offered a lazy glide over our subtropical
landscape, if you were willing to wait hours in
line for a 30 minute trip. No other city could
boast of this unique combination of exotic
devices for personal transport. Still today,
Chalk's remains one of the world 's onlyy scheduled
seaplane services. it has been said tluat Chalk's
Airline since 1919, the world's oldest, is to
Miami what the cable cars are to San Francisco.
Existing Uses
Chalks Airline ......................... 2 1/2 acres
Dade Helicopters 5 acres
Airship field (not in use) .............. 7 acres
Total 14 1/2 acres
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Rglationshies to the Citv - How does Watson Island
presently fit into the larger scheme of the Bay,
downtown, other waterfront parks, and adjacent cities?
Watson Island is:
The Largest Public Open Space In The City - Its
86 acres are twice the size of Bicentennial Park and
larger than Manor, Moore, Curtis and Peacock Parks put
together. It is our "Central Park" and one of the
most important resources in the City of Miami
available to meet future resident and visitor needs
for quality public open space.
The Only Undeveloped Biscayne Bay Island - All
other lands within the Bay are defined and improved
either for public or private purpose (with the
exception of parts of Virginia Key), Watson Island
represents the last great opportunity to completely
reshape lands among the most inherently valuable in
South Florida.
Detached from City Life - As an island, it enjoys
a degree of isolation from urban activity patterns.
The island is self-contained and not easily integrated
with mainland uses. Its almost complete dependence on
auto -access further complicates relationships to
mainland, especially downtown, developments that rely
heavily on pedestrian and transit interconnections.
The City's Best Resource for Maritime
Improvements - Miami has, despite its extensive
slioreline, few opportunities for expanding facilities
to serve fast growing marine recreation interests
(Virginia Key's beaches, shallow waters and mangroves
limit boating access). Especially since it has good
access to the superior boating environment of the
south bay, Watson Island has significant market as
well as physical capacity for wet slip construction
and land side boating services. The Biscayne Day
Management Plan projects a demand for 1000 additional
wet and dry public boat slips (primarily power boats)
by the year 2000. Adding to the concern for finding
new boat slips is the decline in Miami River marina
space. The well established maritime economy of the
river (boat yards, sales, supplies, services,
manufacturing) is dependent on marina space to
generate consumer demand. There is a mounting need
for new boating facilities near the river to sustain
the thousands of maritime jobs at risk in Miami from
competitive and superior marina facilities in Broward
and Monroe Counties.
A Superior Location for Tourism Related
Development - Within sight of downtown, Bayside and
South Miami Beach and only ten minutes from the
Airport and the Seaport, Watson island is an
attractive location for almost any development concept
that seeks to expand the tourist base of our regional
economy. So attractive, in fact, that past concepts
have consumed the island to the exclusion of local
recreational space. Termed "attractions", these
tourism concepts sought to add new dimensions to the
package of local visitor offerings. The leading
question now, however, is whether any "attraction"
that doesn't draw repeat local resident visits can
survive. Recent fundamental rethinking in the
national "attractions" industry (in the wake of
numerous financial failures) is now favoring
activities that are oriented to the local residents,
of high quality and permanence, with educational
value, and an authentic part of local culture and
life-styles.
■
MASTER DEVELOPMENT PLAN
Objectives for the public use and improvement
of Watson Island are%
• Enhance and expand public use,
particularly recreation.
Attract a diversity of user groups.
0 Protect and enhance desirable existing
patterns of public use.
• Enhance the island's natural and historic
assets of views, water, and historic uses.
• Expand and improve the island's
interrelationship with the bay.
• Provide a Use Program relevant to
Downtown, Miami Beach, the Port of Miami, and
Miami River maritime community's needs as
well as regional resident recreational needs.
O Provide a public use and development
program that will be economically self-
sustaining.
Co
c;n
eanemrn p�AN GONGEP_TS
It is recommended that Watson Island
incorporate six principal uses (see map -
Future Use Conceots)s
r OPEN SPACE RECREATION
The plan places a major emphasis on
preserving the island as a resource for
passive recreation and public gathering
by retaining the popular and valuable
large central open space and Japanese
Gardens and enhancing traditional
public activities of viewing cruise
boats and swimming.
n ACTIVE FIELD GAME RECREATION
Expanding the public use of the island,
particularly for youth groups can be
accomplished through the addition of
much demanded athletic fields for
active recreation.
AMARINE RECREATION
Increasing demands for marina and
organized boating activities from a
rapidly growing population of boaters
plus Watson Island's attractive and
accessible shorelines makes the use of
particularly the north and eastern
shores for marinas, clubs, and boat
launching a natural activity to be
enhanced.
■TRANSPORTATION SERVICES
Historic use of Watson Island as a
"Jumping-off" point for travelers to
the Bahamas, Keys, the Carribean and
increasingly, other gold coast
communities, has contributed a unique
dimension to the image and function of
the city. Steady and growing demand
for these services makes it important
to retain and enhance them, but in a
more efficient and concentrated use of
land.
EXHIBIT I.
SKETCH OF SURVEY
�5- �,.5
V,--
CITY OF MIAMI WATSON ISLAND
PROPOSED LEASE AREA FOR THE BOTANICAL
��I� I S c a , .y Tl, GARDENS ATTRACTION
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MlwoullaKum;Y.nom••+tatxx 3
MIAMI, FLORIDA,
EXHIBIT II.
DECLARATION
PROFESSIONAL INFORMATION
FINANCIAL DISCLOSURE FORMS
k.-^
EXHIBIT II
DECLARATION, FINANCIAL DISCLOSURE, AND
PROFESSIONAL INFORMATION FORMS
(CONTENTS)
i
Financial Disclosure and
Professional Information Requirements
Declaration
i
Organizational Structure
Proposer's Questionnaire
Partnership Statement
1 Corporation Statement
Financial Data of Proposer
Experience Statement of Proposer
References of Proposer
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
Architect/Landscape Architect/Engineer's Subconsultants'
Questionnaire
Experience Statement of Architect/Landscape Architect /Engineer's
Subconsultants
Background Data of Architect/Landscape Architect/Engineer's
Subconsultants
References of Architect/Landscape Architects/Engineer's
Subconsultants
cL�
EXHIBIT II
DECLARATION, FINANCIAL DISCLOSURE, .AND
PROFESSIONAL.INFORMATION FORMS
(CONTENTS)
PAGE TWO
Proposer's General.Contractor or Construction Manager's
Questionnaire
Experience Statement of Proposer's General Contractor or
Construction Manager
Background Data of Proposer's General Contractor or
Construction Manager
References of Proposer's General Contractor or
Construction Manager
Proposer's Operational Manager's Questionnaire
Experience Statement of Proposer's Operational Manager
Background Data of Proposer's Operational Manager
References of Proposer's Operational Manager
Proposer's Operational Manager's Subconsultants' Questionnaire
Experience Statement of Operational Manager's Subconsultants
Background Data of Operational Manager's Subconsultants
References of Proposer's Operational Manager Subconsultants
Q' 1 5
G � — .1,
k--
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 4011, should be identified by the proposer's name and address.
By submission of a proposal, the proposer acknowledges and agrees
that the City of Miami has -the right to make any inquiry or
investigation it deems appropriate to substantiate or supplement
information contained in this section of the RFP and agrees to
execute any appropriate release and/or authorization form if
requested by the City.
• � Ca '� L'� 11
krt
DECLARATION
Cesar H. Odio
City Manager
City of Miami, Florida
Submitted
1995
The undersigned, as proposer, declares that the only persons interested in this proposal
are named herein, that no other person has any interest in this proposal or in the
agreement of lease to which the proposal pertains, that this proposal is made without
connection nor arrangement with any other person and that this proposal is in every
respect fair, in good faith, and without collusion or fraud.
The proposer further declares that he/she has complied in every respect with all of the
instructions to proposers, that he/she has read all addenda, if any, and that he/she has
satisfied him/herself fully with regard to all matters and conditions with respect to the
lease to which the proposal pertains.
The proposer agrees, if this proposal is accepted, to execute an appropriate lease
agreement for the purpose of establishing a formal contractual relationship between the
proposer and the City of Miami, Florida, for the performance of all requirements to which
this proposal pertains.
The proposer states that this proposal is based upon the proposal documents issued May
30, 1995, entitled Request For Proposals for the Unified Development of the Watson
Island Botanical Garden Attraction, Miami, Florida and addenda, if any.
Signature
Title
Name of Firm, Individual or Corporation
Signature
Title
II-2
9r- ':�5
ORGANIZATIONAL STRUCTURE
In graphic form, provide the organizational structure -of the
development team indicating the proposer, the proposer -Is
architect/landscape architect/engineer, the architect/engineer's.
subconsultants, general contractor or construction manager,
operations and management consultants/subconsultants and any
additional consultants/subconsultants by name of firm or
individual, and areas of responsibility.
QM5 415
TT. '2
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)
II-4
9 5 - A n. 5
A
i
i
PARTNERSHIP STATEMENT
If proposer is a partnership, answer the following:
I. Date of organization
2. General Partnership ( )
i
Limited Partnership ( )
I 3. Statement of Partnership recorded Yes ( ) No ( )
Date Book Page County State
1 4. I3as the partnership done business in the State of Florida?
Yes ( ) No ( ) When?
Where?
5. Name, address, and partnership share of each general and
limited partner. (If partnership is a corporation, complete
the following page for corporation.)
General/
Limited Name Address _ Share
6. Attach a complete copy of the Partnership Agreement.
II-5
15
I--
CORPORATION STATEMENT
If proposer is incorporated, answer the following:
1. When incorporated?
2. Where incorporated?
3. Is the corporation authorized to do business in Florida?
Yes ( ) No ( * )
4. The corporation is held: Publicly ( ) Privately ( )
5. If publicly held, how',and where is the stock traded?
6. List the following: Authorized Issued Outstanding
(a)Number of voting shares;
(b)Number of nonvoting shares:
(c)Number of shareholders:
(d)Value per share of
Common Stock:
Par $
Book $
Market $
7. Furnish the name, title, address. and. the number of voting
and nonvoting shares of stock held by each officer and
director and each shareholder owning more than 5% of any
class of stock. If more than 5% of any class of stock is
held by one or more corporations, then each owner -
corporation must also complete separate pages `(type
corporation name on said pages for identification purposes.)
and furnish the audited financial statement required on each
page.
If said owner -corporations are owned by other corporations,
then these other corporations must also complete separate
pages (type corporation name on said pages for
identification purposes) and furnish the audited financial
statement required on each page. The City requires
information on all corporations that directly or indirectly
have an ownership interest in the proposer -corporation.
8. If an individual or corporation will be guaranteeing
performance of the proposer -corporation, state name here
and also complete corresponding
pages. If a corporation, provide name of corporation on
corresponding pages for identification purposes and furnish
audited financial statement(s) as required on the page for
the individual or corporate guarantor.
0 1i
II-6 r
k_
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
by the statement must be prepared to substantiate all information shown.
- Surety Information
Has any surety or bonding company ever been required to perform upon your default ?
Yes ( ) No ( )
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 Litiggfim
Provide on attached sheets detailed information regarding pending litigation, liens, or
claims involving any participant in the proposal.
II-7
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 visitor attractions, botanical
gardens 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.
i
In addition, please also provide photographs or other illustrative material depicting
projects that will demonstrate your ability to complete a quality development. The name
and address should be given for each project identified as well as persons familiar with
the development who will respond to inquiries from the City. You should also identify
your specific role in each project.
II-8
i
REFERENCES QF 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:
i
i
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
Reference No. 2
Name:
Firm:
Title:
Address: ,
Telephone: (,I
Nature and magnitude of purchase, sale, loan, business
association, etc.:
II-9
� 5 �- � -" 5
--
Reference No. 3
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
Reference No. 4
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
Q5_ �15
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
Name
Title
Title
0
v .�
EXPERIENCE STATEMENT OF
PROPOSER'S ARCHITECT/LANDSCAPE ARCHITECT/ENGINEER
Describe in detail the duration and extent of your experience
with special emphasis upon experience related to the proposed
j 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.
�.r
BACKGROUND DATA OF PROPOSER' S ARCHITECT,/LANDSCAPE ARCHITECT
/ENGINEER
Surety Information _.
Has any surety or bonding company ever been required to perform.
upon your default? Yes ( ) ,No ( )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
Bankruptcv Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving- any participant in the
proposal.
REFERENCES OF PROPOSER' S ARCHTTFCT.ILANDSCAPE ARCHITF[`T�FNC'TNFFR
List two. persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
A-
G-
ARCHITECT LMDSCA_pE ARCHITECT/ENGINMR'S
,SUBCONSULTANTS' QUESTIONNAIRE
For each subconsul.tant or subconsulting firm, please provide
the following information.
Name:
Address:
Telephone:
Discipline:
Name of principals and their titles who will be chiefly
responsible for the project:
Name
Name
Title
Title
EXPERIENCE STATEMENT OF ARCHITECTILANDSCAPE
ARCHITECT/ENGINEER'S SUSCONSULTANTS
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to the development of visitor attractions, botanical gardens 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
k--
BACKGROUND DATA OF
ARCH ITECTTILANDSCAPE ARCHITECT R' S . BCONSULTANTS
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.
Ii-i 7
REFERENCES OF
ARCHITECT/LANDSC_AnE A-CHITECT/ENGINEER'S SUBCONSULTANTS
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
ey �.
0
Name:
Street
Address:
Mailing
Address:
Telephone:
Professional Regitration Number:
Name of principals and their titles who will be chiefly
responsible for the general contracting or management of the .
construction project:
Name
Name
II-19
Title
Title
k>-
EXPERIENCE STATEMENT OF PROPOSER'S GENERAL CONTRACTOR OR
CONSTRUCTION MANAGER
Describe in detail the duration and extent of your experience with special emphasis upon
experience related to the development/construction of visitor attractions, botanical
gardens 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-20
BACKGROUND DATA OF PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION
MANAGER
Surety Information -
Has any surety or bonding company ever been required to perform
upon your default? Yes ( ) ;No ( )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
REFERENCES OF PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION
MANAGER
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
9C_
TT-22
P OPOSER'S OPERATIONAL MANAGER'S QUESTIONNAIRE
Name:
Street
Address:
Mailing
Address:
Telephone:
Name of principals and their titles who will be chiefly
responsible for the' operations and overall management of the
project:
Name
Name
II-23
Title
Title
9J 415
1,-
EXPERIENCE STATEMENT OF PROPOSER'S OPERATIONAL MANAGER
nay
Describe in detail the duration and extent of your business experience in the operations
and management of visitor attractions, botanical gardens 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
ZI 5
k-.
BACKGROUND DATA OF PROPOSFR'S OPERATIONAL -MANAGE
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.
11-25
�U - - J
4✓
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- L! 15
OPERATIONAL MANAGER'S
,,9UF3CnNSUr TANTS' OU STIONNAIRE
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 Title
Name Title
II-27 v fir.' L
EXPERIENCE STATEMENT OF PROPOSER'S OPERATIONAL MANAGER'S
SUBCONSULTANTS
Describe in detail the duration and extent of your business experience in the operations
and management of visitor attractions, botanical gardens 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
I
BACKGROUND DATA OF
OPERATIONALEANAGER'S SUBCONSULTANTS
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 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
'r
Provide on attached sheets detafleS-.information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
II-29
REFERENCES OF
OPERATIONAL MANAGER'S SUBCN SULTANTS
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- 30
95- AI5
4,r.
EXHIBIT III.
MINORITY PARTICIPATION FORMS
AND
OFFICE LOCATION AFFIDAVIT
95- �116
MINORITY PARTICIPATION DOCUMENTATION
NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(S):
a) List principal business addreas: (street address)
b) List all other offices located in the State of Florida:
(street address)
Name of individual holding license in this profession (if
applicable):
MINORITY PROCUREMENT COMPLIANCE
The undersigned proposer acknowledges that (s)he has received a
copy of Article IV. 5 Sections 18-67. - 18-77 of the -City Code
_ (see Appendix'G)•,a.nd agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
Proposer:
Signature:
(company name)
Print name: Date: - -
Indicate if Business is 51% Minority -owned: (Check one box only)''
[ ] Black [ ] Hispanic [ ) Female
AFFIRMATIVE ACTION PLAN-
If firm has an existing plan, effective date of
implementation If firm does not have an
existing plan, the Successful Proposer(s) shall be required to
establish an Affirmative Action Policy, pursuant to Article. IV.
5f Sections 18-67 -18-77 of the City of Miami Code.
Proposer:
Signature:
(company name)
95— � ib
CITY OF MIAMI , .FLORI►,,i.
MINORITY STATUS INFORMATION SHEET
MTINQ CLASSIFICATION AND PARTICIPATION
Please check one box only and complete any and all sections applicable to
your firm.
1. Indicate Minority/Women Classification of Proposer Entity
[ ] B=BLACK [ ] H=HISPANIC [ ] F=FEMALE { ] NM=NON-MINORITY
2. If ONE OF THE FOLLOWING, give details of Minority/Women Participation
within firm(s), or as it may apply. Indicate
Minority/Women Classification of each company:
A. JOINT VENTURE: Provide information regarding Minority/Women firms
participating and the extent of participation.
Dollar
Firm Name Business Address _ Amount
[1 -
[J
B. SUBCONSULTANTS: : Provide information regarding Minority/Women firms
participating and the extent of participation.
Dollar
Firm Name Business Address Amount
[ 1 --
r1
[ 1
[1
;fir- 1!:�
III-2
MINORITY PROCUREMENT COiMPLIANCE/AFFIRMATIVE ACTION FORM
NAMES OF COMPANY OWNER(S)t NAMES OF COMPANY OFFICER(S)S
a) List principal business address; (street address)
b) List all other offices located in the State of Florida.:
(street address)
Name of individual holding license in this profession (if
applicable)t _
MINORITY Pk20Ci!Fi1:MEF�2 GOHLI'LIAf1�
The undersigned* proposer acknowledges that. (s)he has received a copy of
ordinance #10062 as amended, the Minority Procurement Ordinance of the City of
Miami and agrees to comply with all applicable substantive and procedural
provisions therein, including any amendments thereto.
Proposer:
Signature;- ..
name)
Date: Print Nante:
Indicate if Business is 51% Minority -owned: (Check s2ne box only)
[ ] BLACK [ ) HISPANIC [ ] FEMALE
AIi EIRMATIVE ACT2011 Pl,,[1Ci
If firm hays an existing plan, effective date oC implementation:
Must be included as part of submission.
If firm does not have an existing plan, the Successful Proposers) shall be
required to establish an Affirmative Action Policy, pursuant to Ordinance
110062 as amended. See sample.
Proposer:
Sign9tllzet_._. M
( company name)
III-3
AFFIRMATIVE ACTION POLICY
for
EQUAL EMPLOYMENT OPPORTUNITY
AFFIRMATIVE ACTION
EQUAL EMPLOYMENT OPPORTUNITY -- POLICY STATEMENT
It is the policy of (Company Name) to base its hiring. and
promotions on merit, qualifications and competency and that its
personnel practices will not be influenced by an applicant's or
employee's race, color, place of birth, religion, national origin, -
sex, age, marital status, veteran and handicapped status.
One of the management duties of all principals at (Company Name) is
to ensure that the, following personnel practices are being
satisfied:
1. Take every necessary affirmative action to attract and
retain qualified employees, regardless of race, color,
place of birth, religion, national origin, sex, age,
marital status, veteran and handicapped status.
2. Maintain equitable principles in the recruitment, hiring,
training, compensation and promotion of employees.
3. Monitor and review personnel practices to guarantee that
equal opportunities are being provided to all employees,
regardless of race, color, place. of birth, religion,
national origin, sex, age, marital status, veteran and
handicapped status.
(Company Name) is committed to take affirmative action and
aggressively pursue activities that will serve to enable all
employees and. applicants opportunities available throughout this
organization.
Clearly, the above actions cannot be accomplished as. a secondary
duty for any individual, despite the full support of management.
And so, to monitor our efforts, (Company Name) has assigned one of
its principals as the Affirmative Action Director to monitor all
activities of this program.
Employees may contact (Name of assigned principal) at (telephone
number) regarding this Affirmative Action Policy.
DATE: -
(Signature/Title)
III-4 9 5 - i15
CITY OF MIAMI
Please Check One Box Only
[ ] Hispanic [ ] Woman [ ] Black
I (We), the undersigned agree to the following conditions:
I) that we have read City of Miami's Ordinance No. 10062 as amended and meet the
fifty-one percent (519.) ownership and management requirement for
minority/women registration status and will abide by all of the policies and
regulations governing the City of Miami Minority and Women Business Enterprise
Procedures;
2) that if at any time information submitted by the undersigned applicant in
his/her Vendor Application should prove to be false, inaccurate, or
misleading, applicant's name will be struck from the City of Miami's Master
Vendor list with no further consideration given to this applicant;
3) that the City of Miami maintains the right, through award of bid/contract, to
revoke the award, should it be found that false, inaccurate or misleading
information or a change in the original information have occurred;
4) to notify the City of Miami within thirty (30) days of any change in the
firm's ownership, control, management or status as an ongoing minority/women
business concern as indicated on the Vendor Application, and that the City of
Miami, upon a finding to the contrary, may render a firm's registration with
the City null and void and cease to include that firm in its registered list
of minority and women -owned businesses;
5) that the City of Miami has a right to diligently verify all information
submitted by applicant in his/her Vendor Application to monitor the status of
the Minority/Women Business Enterprise, once registered;
6) that the City of Miami may shAre a firm's registration information, concerning
its minority/women status and its capability, with other municipal or state
agencies for the sole purpose of accessing the firm to their procurement
opportunities, unless otherwise specified by the firm in writing.
I (We) certify under the penalties of perjury that the information contained in any and all
application documents submitted to the City of Miami is correct as per Ordinance No. 10062 as
amended.
Firm Name:
(If signing as a corporate officer, kindly affix corporate seal)
(Name, Title & Date)
(Name, Title & Date)
This application must be signed by at least one general partner of a partnership or the
proprietor of a sole proprietorship or all partners of a joint venture.
COUNTY, SS
NOTARIZATION
COUNTY OF DADE
Date:
That personally appeared before me and
acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced
as identification.
NOTARY PUBLIC:
My Commission Expires:
r;T r
kl_
f"rttr of hAiclmi
PRIMARY OFFICE LOCATION
W 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,e& one box only) Q partnership
Sole Proprietorship 0 Corporation
Corporation Doc. No:
Date Established:
Occupational License No:
Date of Issuance:
Y,Pnrnary Office Locatron'(Pr?nerpa1 esfablrs en o the btdde�/proposer):t
Street Address:
z
LU
LU
City:
State:
How long at this location:
Street Address:
o
Cr
a
city.State:
How long at this location:
According to the City of Miami's Charter 29-A as amended:
'All contracts -.shall be awarded by the commission to the lowest responsible bidder,... provided, however, that if the amount of a bid or proposal
submitted by a vendor whose primary office is located in the City of Miami is not more than ... 10% in excess of the lowest other responsible bidder or
proposer, such local vendor may be awarded the contract..
The Intention of this section is to benefit local bona fide vendors/proposers to promote economic development within the City of Miami.
I (we) certify, under penalty of perjury, that the primary office location of our firm has not been established with the sole purpose of obtaining the
advantage granted bona fide local vendors/proposers by this 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 DADS
0 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
Printed Name of Notary Public My Commission Expires �� N — Le .0
Please submit with your bid, copies of occupational License, professional and/or trade License to verify local status. The City of Miami,,
also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other document(s) to verify
the location of the frrm's primary office.
EXHIBIT IV.
BIOLOGICAL ASSESSMENT CC94-176
MEGA -YACHT BOTANICAL GARDEN SUBMERGED LANDS
9 ra -- Le 15
METROPOLITAN DADE COUNTY, FLORIDA
METROfDADE DENIM
ENVIRONMENTAL. RESOURCES MANAGEMENT
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372.6789
October 5, 1994
Mr. Courtney D. Allen
Assistant Development Coordinator
City Of Miami
300 Biscayne Boulevard Way
Suite 400-401
Miami, FL 33131
Re: Biological Assessment CC94-176: City of Miami, Watson Island,
MacArthur Causeway, Miami, Dade County, Florida.
Dear Mr. Allen:
A biological assessment of the above referenced site was conducted by
Department biologists on July 6 and September 1, 1994 at your request.
The purpose of this assessment was to determine the feasibility of
constructing a megayacht marina on the western edge of Watson Island
and a conventional marina on the northern edge of the island which
would extend into Biscayne Bay approximately 200 feet and 150 feet from
the shoreline, respectively.
Inspection of the proposed location for the megayacht marina revealed
no significant epibenthic communities. The water clarity was moderate
during the inspection. The water depth in the proposed project area
ranged from approximately 6 feet to 17 feet at mean low water.
Inspection of the proposed location for the conventional marina
revealed the presence of seagrasses throughout a significant portion of
the area. Again, the water clarity was moderate during the inspection.
The water depth in this area ranged from a shallow shelf along the
shoreline to a maximum of approximately 8 feet at mean low water.
Pursuant to Section 24-58 of the Metropolitan Dade County Environmental
Protection Ordinance, a Dade County Class I Permit is required for any
work in, on, over or upon tidal waters, submerged bay -bottom lands or
coastal wetlands in Dade County. A proposal for the construction of
more than fifty (50) boat slips at a new or existing facility requires
a standard form Class I Permit application. Please note that standard
form applications require approval from the Dade County Board of County
Commissioners, which must be obtained through a public hearing, prior
to the issuance of a Class I Permit.
Please be advised that the proposed conventional marina may not be
consistent with Dade County's Interim Manatee Protection Guidelines
(copy enclosed). Said guidelines generally prohibit the new
construction or expansion of commercial powerboat docking facilities
IV-1
'5- �1,15
v
unless it can be demonstrated 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. At the
proposed megayacht marina, the existing powerboat slips would be'
grandfathered, and the reconstruction of these slips would not conflict
with the interim guidelines. A proposal for expansion beyond this
number of slips would be reviewed by DERM and a permitting
determination would be subject to whether or not it was demonstrated
that the use of the facility would be consistent with these guidelines.
Please be advised that navigational concerns may exist at both of the
proposed project sites. On the western side of the island a federally
maintained navigational channel is present. The Army Corps of
Engineers generally prohibits any structures that are within 100 feet
of such a channel. In waterways not maintained by the federal
government (including the north side of Watson Island), DERM generally
restricts the size and configuration of docking facilities such that
they do not extend into the waterway more than 200 of the waterway
width.
Although it is believed that the City of Miami owns the submerged land
in the project area, DERM recommends that you contact the State of
Florida Department of Environmental Protection (DEP) to confirm that
the proposed projects are consistent with the terms and conditions of
the submerged lands conveyance and that they do not extend onto State
owned land.
Please keep in mind while planning for marina projects and other
coastal development that structures considered non -water dependent
[pursuant to the following definition, as contained in Section
24-3(107), Dade County Code: "Water dependent use shall mean a use
which cannot exist or occur without association with marine,
freshwater, or estuarine water masses"], are prohibited by Sections
24-59 and 24-59.1 of this Ordinance. It is most probable that DERM
would recommend denial to the Board of County Commissioners for a
variance to this Section of the Ordinance for any portion of the
project that was not water dependent. DERM therefore strongly
recommends that the City avoid including any non -water dependent
structures, such as dock masters offices, restaurants, gazebos, etc. to
be constructed over the water in any marina proposals.
In addition to a DERM Class I Permit, the proposed project would
require approvals from the Army Corps of Engineers, the Florida
Department of Environmental Protection and the South Florida Water
Management District and may require review by Dade County's Shoreline
Development Review Committee [contact Alex David at (305) 375-2589 for
further information]. A DERM Class I Coastal Construction Application
Package is enclosed. In addition to the above restrictions, the City
of Miami would need to provide zoning and structural approvals prior to
the issuance of a Dade County Class I Permit.
In summary, the main concerns held by the Department regarding the
expansion of marina facilities at the aforementioned locations on
Watson Island are manatee and manatee habitat impacts, seagrass impacts
IV-2
N
and potential navigational concerns. DERM believes that a megayacht
marina could be constructed along the western shoreline provided the
above concerns are adequately addressed, but that construction of a new
marina along the north end of Watson Island is not likely due primarily
to seagrass and endangered species concerns. Please review carefully
the enclosed Interim Manatee Protection Guidelines for guidance with
your proposals.
Because applicable regulations and site conditions are likely to change
over time, the conditions and restrictions contained herein shall be
valid for a period of two (2) years from the date of this letter.
Please note that the required $525.00 fee for this assessment has not
been paid and must be submitted within thirty (30) days of the date of
this letter. Please be advised that DERM will not process any further.
requests for biological assessments until all applicable fees have been
received. If you have any questions please do not hesitate to call
Christy L. Waite at (305) 372-6575.
Si
Craig K
Coastal
Grossenbacher, Chief
Resources Section
enclosures: Class I Permit Application Package
Interim Manatee Protection Guidelines
CKG:cw.980
IV-3
15
1
EXHIBIT V.
WATSON ISLAND DEED 19447
STATE OF FLORIDA INTERNAL IMPROVEMENT FUND
95- �>15
B1 TFES1' PRL'SZ::TS: Tar, the ..,.n.'d-+rsignea, the
_-u3zeas of the Internal imp^ovement Fund of the State of Florida,
un'3r and by virtue of the authority of Section 253.12, Florida
Statutes, 1941.., and according to the provisions provided for in
Section 2.53.13, Florida Statutes, 19,1, and for and in considera-
tion of the sure of Ten and 00/100 Dollars and other good and
valuable considerations, to them in hand paid by CITZ OF MIn;:I,
Dade County, Florida, receipt of which is her eb�:�cknowledged,
have granted, bargained, sold and conveyed to the said CI'lr 0?
i'iTiiiT and Its successors and assigns forever, the follovdng de-
scribed //la_n.ds, to -wit:
/=e-innin^, at the point of intersection of the
Easterly production of the Center Line'of Richrners
Street (now kno:m as N. E. 13t_z Street) as shown on
the Amended Plat of ADDITION" as recorded
in °let Boon 3, Para 2, with. the u. S. Harbor Line
o the Was, side of Biscayne Bay; thence run Nortli-
erlt along said J. S. Harbor Line to a point on a
ling =our said
and fifty,feet _Torth of and parallel
to the Easterly production of the said Center Line of
Rici,_ners Street (now known as 1. E. 13th Street);
thence rut.Easterly along said lire 450 feet ?,orth
of and parallel to the Easterly production of the
Center Line of said Rickmers Street (now known as
N. E. 13th Street) to the point of intersection with
t::at course described in Deed Book 361, Page 353, as
follows: "Thence in a Southeasterly direction to
t e Southeast corner of the Southwest zuarter of
the Southwest Quarter (S:;1 or S7;. )' of Section 32,
�
;
_o•:rns^.i? 53 South, Ran-�a �2 ^ast,T . 1_.ence South-
-easterly alon; the said last described course to
t e said Southeast corner of the S':r'- of S';; � of
Section 32, To:rns _p 53 South, Range L12 mast; Thence
Sat tin alon; the. :Jest line of t e of ;;:1 o h
Sact_on 5, To:rnshi� .)4 Sout. R anga 1,2 Iast to a
point eizhty feet ::ort erl;,r from and measura:l at
r' ":nt an^1?s to the Center Line of the ia::li i.iuni-
Ci •n_l ...^_^_n.^.el; Thence
run Sout'aa-tsto .�oUcl-air—
V-ut co.2_ -T•3 described in Dead 300.i i.47.?., ? z,e
.n "011ows: "Co= .z.ricin" at th i; tarsaction of t;le
,zt Lino: of the T.i' J = of ofSection3, '_1ovrnship
5 South, Ra nZe 42 ast, I and a line parallel to
nn.1 ei; "Mt^ feat i ortzorl• fr^a, and measured at
r_ - an0les to tha Center Line of the :,:iami Kuni-
c_ )al Channel", to the mast boundary of the .i9st
3/� of said Section 5; =henea run Sout';1 along ut
Last bcurdar^ of th ,Jest 3/Lr of said Section 5
and Section3, Toe -Ts: -yip 51,South, ;sr.�e !T2 rest,
to the ;iortharl;,r Line of the _ .^.0 =ai1•ra; Co- r "z
al as descri5�:1 i^ afc-re-lip ?oo": l-ri- j'',
Th:1 nce run ..ss �. 'a •••�� alon.' t.^.3 s3: :'
.:O�..;]srl " 1_na of t'ae _.;i, Rail1C:=y Co.^..?an—r Channel
,e h-: East lire of the^:.:i' `of
3- .) 54 South, Ran.-- 42 Z'a t; _h-!"ce r!,n
V-1
k-
a;on" that line described in Chapter 13555 (:;o. 102)
Laws of ?lorida - 1929 as follows: "~hence Westerly
to the Intersection of the P. Ze 0. S.S. Charnel and
the Channel extending from the mouth of the :v;iwai
River in a Southeasterl- direction", to the ^ast
line of Section 7, Township 54 oouth, Rar.�e !;2 East;
Thence run South along to said Last line of Section
7, Township 54 South,JRange 42 East to a point 2000
feet :North of the South line of Section 7,- Township
5iT South, R,ange 42 East, bainz that point at the
termination of the line described in Deed Book 1900,
.Pa-e 355 Parcel "B" as follows: "Thence _North along
the mast Line of said Section 7 for a distance of
2000 feet to a point"; Thence along the course de-
scribed in DeedNook 1900, Page 355, as follows:
"Thence Southwest 2823 feet to a point on the South
boundary of said Section 7", to a point 2000 feet
West of the Southeast corner of said Section 7;
Thence run ':lest along the South line 'of said Section
7 and the South line of said Section 7 produced :rest,
to the point of intersection ::ith the U. 5. harbor
Line on the West side of Biscayne Bay; thence run
Northerly along the said U. S. Harbor Line to the
point of beginning.
Except therefrom the following described BAY BOTTOM
LAND AREA FOR DREDGING T_eI CO - 1ECTION '?JITH PROPOSED
85 ACRE BURLINGAIrIE ISLAVD.
Beginning at the point of intersection of the South-
easterly production of the Northerly side of S. E.
loth Street, the same being the Southerly line of
Hig:ile-mzn' s Subdivision as recorded in Plat Book 1,
, abe !�l of the Public Records of Dade' County. Florida,
with the U. S. Harbor Line on the 71esterly side of
Biscayne Say; thence l+ortnerly along the said U. S.
fiarbor Line and the Northerly extension thereof 3800
feet, more or less, to the point of intersection
with the Southerly line of :.:ia l River Channel, as
shorn and established on Sheet No. 2 of plan pre-
pared by U. S. Ent-ineer Office, Jacksonville, Florida,
November 193l', showin; w-Jai River, Florida, condi-
tions on completion of Dredging of Channel Project;
i thence ?Northeasterly aloe- the said Southerly line
of Miami River Channel and the Northeasterly pro-
duction thereof 2500 feat to a point; thence Southerly
5300 feet, more or less, along a line parallel to the
Southerly (production of the dividing lire between
To^mship 53 South, Range ;1 Nast and To�,mship 53 South,
Range 1.4.2 East to the point of intersection with the
aforesaid Southeasterly production of th3 Northerly
side of S. Z. l)th Street; thence Northwesterly
2900 feet, more or less, along the said South-easterly
Production of the ?Northerly side of S. E. 14th Street
to the U. S. Harbor Line, the point of be -,inning.
And further excepting therefrom all land title to
which is in private parties.
TO fL-VE Ai;D TO HOLD the said above -mentioned and described
land and ?remises, and all the title and interest of the Trustees
therein as -ranted to them by Section 253.12, Florida Statutes,
1911 , untc the said C!7- f O^ :::I ::EI and its successors and assi-ns
for giver.
A
v-2
A5
+ :�j —
SAVI:;G -%:,D RES-7RVING unto the Trustees of t.ze Internal Improve-
ment Fund of Florida, and their successors, an. undivided three -
fourths interest in and title in and to an undivided t rea-fourths
_ interest in all the phosphate, minerals and ;petals that are or may
be in, on or under the said above described lands, and an undivided
one-half interest in and title in and to an undivided one-half in-
terest in all the petroleum that is or may be in or under the said
above described land, with the privile::e to mine and develop the
sane.
- PROVIDED, HOWEVER, anything herein to the contrary notwith-
standing, this deed is given and granted upon the express condition,
subsequent that the Grantee herein or its successors and assigns
shall never sell or convey or lease the above described land or
any part thereof to any private person, firm or corporation for
any private use or purpose, it being the intention of this re-
striction that the said lands shall be used solely for public
purposes, includXng municipal purposes and not otherwise.
i
PROVIDED, FUR'111 R, anything herein to the contrary notwith-
standing, this deed is given and -ranted upon the further express
condition subsequent that the Grantee herein or its successors or
assigns shall not give or grant any license or permit to any pri-
vate person, firm or corporation to construct or mace by any means,:
any islands, fills, embahlepents, structures, buildings or other
similar thln.,s within or upon the above described lands or any
pa-Tt thereof for any private use or purpose, as distinguished from
any public or mnicipal use or purpose.
It is covenanted and agreed that the above conditions subse-
quent shall run with the land and any violation thereof shall
renter this deed null and void and the above described lands shall,
in such event,, revert to the Grantors or: thei.r successors.
I?� ; IT:?SS 7;H�R�OF, the Trustees of the Internal I-:proverpent
Fund of the State of Florida have hereunto subscribed their navies
and affixed their seals, and have caused the seal of the "DEP:;RT-
iA?:;T OF AGR_ICUL_uRE OF TiE STATE OF KLORIDA", to be hereunto
affixed, at the Cap,itol, in the City of Tallahassee, on this the
2st^, day of February , A. D. Nineteen Hundred and
Forty-nine
��✓%✓��(SEAL)
Goy rnor
Compttro 1 e�
Treasurer
S 7aL )
Attorney General
1>'__.i e _ / i / . (IS E : L )
Comm ss•loner of ASricui sre
SE.ic cf f �^_rig._. C;: n:y of Dar!•e. ..... ..� .,
�I:f }i l.Ii GLG ,„ail
BY
a. v is .11
k__
WATSON ISLAND DEED RESTRICTIONS
1) June 2, 1919 Grant by Florida Legislature to City of Miami (Chapter 8305
No. 523).
FOR MUNICIPAL PURPOSES ONLY
2) February 24, 1949 Grant by Internal Improvement Fund to City of Miami
superceding previous grants (Deed No. 19447).
THE GRANTEE HEREIN OR ITS SUCCESSORS
AND ASSIGNS SHALL NEVER SELL OR CONVEY
OR LEASE THE ABOVE DESCRIBED LAND OR
ANY PART THEREOF TO ANY PRIVATE PERSON,
FIRM OR CORPORATION FOR ANY PRIVATE USE
OR PURPOSE, IT BEING THE INTENTION OF THIS
RESTRICTION THAT THE SAID LANDS SHALL BE
USED SOLELY FOR PUBLIC PURPOSES, INCLUDING
MUNICIPAL PURPOSES AND NOT OTHERWISE.
THE GRANTEE HEREIN OR ITS SUCCESSORS OR
ASSIGNS SHALL NOT GIVE OR GRANT ANY LICENSE
OR PERMIT TO ANY PRIVATE PERSON, FIRM OR
CORPORATION TO CONSTRUCT OR MAKE BY ANY
MEANS, ANY ISLANDS, FILLS, EMBANKMENTS,
STRUCTURES, BUILDINGS OR OTHER SIMILAR
THINGS WITHIN OR UPON THE ABOVE DESCRIBED
LANDS OR ANY PART THEREOF FOR ANY PRIVATE
USE OR PURPOSE, AS DISTINGUISHED FROM ANY
PUBLIC OR MUNICIPAL USE OR PURPOSE.
41r;-