HomeMy WebLinkAboutR-94-0046CT-94-64
1/20/94
94- 46
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WHEREAS, City of Miami. Charter Section 29-A(o) allows for "Unified
Development Projects" where an interest in real property owned or is to be
acquired by the City and is to be used for development of improvements; and
WHEREAS, on November 23, 1993, pursuant to Resolution No. 93-749, the
City Commission determined that the development of approximately 4.3 acres of
City -owned waterfront property, located at 3501 Rickenbacker Causeway, Miami.,
Florida, would best be accomplished using the UDP process for a boatyard
facility, marina, and optional ancillary ma ine-related retail use; and
WHEREAS, pursuant to the aforementioned. Resolution, it was determined
that for the unified development of a boatyard facility, marina, and optional
ancillary marine -related retail use, the City procure from the private sector
an integrated package that includes planning and design, oonstruotion, leasing
and management; and
WHEREAS, Resolution No. 93-749 further authorized the City Manager to
prepare a Request for Proposals and scheduled a public hearing for
December 16, 1993 at 3:00 P.M. to consider the contents of sa
LCL REP: anC
CITY COMMISSION
MEETING OF
JAI 2 7 1994
I�eootutlan�a
WHEREAS, the City Commission rescheduled the publio hearing from
December 16, 1993 at 3:00 P.M. to January 27, 1994 at 4:00 P.M.; and
WHEREAS, City Charter Section 29-A(o) 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 publio accounting firm, and
appointment of members to a review committee from persons rimed by the
City Manager;
04CO)ZAN•
• 191' 8i •' �• �I• : 1' ••1 I •1 • 1 •Nil M
Section 1. The recitals and findings contained in the Preamble to this
Resolution are hereby adopted by reference thereto and inoorporated herein as
if fully set forth in this Seotion.
Section 2. The City Manager is hereby authorized to issue a Request for
Proposals, in substantially the attached form, on February 4, 1994, for a
Unified
Development
Project
("UDP") consisting
of the development of a
boatyard
facility,
marina,
and optional ancillary
marine -related uses on
approximately 4.3 acres of City -owned waterfront property, located at 3501
Rickenbacker Causeway, Miami, Florida.
Seotion 3. Said unified development project shaL1 consist of the
following integrated package:
- Planning and design, construction, leasing and management.
Section 4. The certified publio accounting firm of Arthur Andersen &
Co. in association with the minority -owned firm of Watson & Co., is hereby
selected to analyze the proposals received in response to said RFP and reader
a written report of its findings to the City Manager.
Seotion 5. The following individuals are hereby appointed members of
the review oon &ttee which is to evaluate each proposal and render a written
report of its findings to the City Manager, including any minority opinions:
-2- Pi 4- 46
Kevin Coty
Ward Grafton
Bob Lewis
Bill Harrington
Christina Cuervo
Erdal Donmez
Warren Butler
Section 6. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this _27th day of January 1 1994.
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-3-
N
REQUEST FOR
UNIFIED DEVELOPMENT PROPOSALS
FOR
THE VIRGINIA KEY BOATYARD
3501 RICKENBACKER CAUSEWAY
MIAMI, FLORIDA
TO BE ISSUED: February 4,1994
CITY OF MIAMI
Stephen P. Clark, Mayor
Miller J. Dawkins, Vice Mayor
Victor H. De Yurre, Commissioner
Wifredo (Willy) Gort, Commissioner
J.L. Plummer, Jr., Commissioner
Cesar H. Odio, City Manager
A. Quinn Jones III., City Attorney
Prepared by:
Department of Development & Housing Conservation
Development Division
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 579-3366
Proposals Due: 2:00 p.m. Friday, May 6, 1994
94- 46
Ki
(4ftLt of 'Miami
- V oR
Z� M�
d * * P. O. BOX 330708
11 CESAR H. Owo 9 � �� MIAMI, FLORIDA 33233-O7O8
CITY MANAGER O�CO.4�� 305-579-6366
January 27, 1994
i
Ladies and Gentlemen:
Thank you for your interest in the Unified Development of a boat
yard facility, and optional ancillary marine -related retail use
t on approximately 4.3 acres of City -owned, waterfront property
located at 3501 Rickenbacker Causeway, Miami, Florida.
Enclosed is the City of Miami's Request for Proposals (RFP) which
contains detailed and specific information regarding the parcel
j of land contemplated for development, the uses the City is
seeking, the submission requirements and selection procedure
i pertinent to this Unified Development Project.
Responses to this RFP are due no later than 2:00 p.m., Friday,
May 6, 1994. The City retains the option to require a more
1 extensive and detailed submission prior to final selection of a
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
1 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.
I
In accordance with the City Charter and Code sections for Unified
Development Projects, any proposal deemed to be non- responsive
y 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 team, the dollar amount
return offered to the City, the proposer's financial
j qualifications, the overall design of the proposed development,
the extent of minority participation, and the evaluation by the
f City of all information submitted in support or explanation of
r
j�
� � 34- 46
January 27, 1994
Page Two
the development of the property. Furthermore, until
proposed P
i such time as a lease agreement is executed, the selected proposer
shall not have any vested right, title, or interest in the
property.
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 teams they represent subsequent to the submission deadline.
New and/or current personnel who are not identified in the
proposal may not be introduced as part of the proposed team
subsequent to the submission deadline.
i Contact with the City, except for public hearings and
f 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
i J. Bailey, Assistant City Manager, City of Miami, Department of
4 Development & Housing Conservation, 300 Biscayne Boulevard Way,
Suite 400, Miami, Florida 33131. Any response to such questions
or requests that could potentially impact proposals will be
! furnished to all proposers in the form of an addendum.
The City will conduct a Proposal Pre -Submission Conference on
Tuesday, February 22, 1994, 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
Floor Counter)
Florida 33133
proposers will
be' delivered to Matty Hirai, City
City Hall, 3500 Pan American
by 2:00 p.m. Friday, May 6, 1994
be made public on that day.
Sinc ely,
ZK
Cesar H. Odio
City Manager
Clerk, (First
Drive, Miami,
A list of
94- 46
TABLE OF CONTENTS
I
Page
I.
PUBLIC
NOTICE. .................................. .
1
II.
OVERVIEW
._
A.
Introduction ...........................
2
3
B.
Location and Characteristics..........
Figure 1. Regional Location Map....after page
3
Figure 2. Area Location Map........ after page
3
C.
Site Description ................................
4
Figure 3. Site Location Map........ after page
4
D.
Appraised Value ................................
4
E.
Lease Term ......................................
5
F.
Financial Return to the City ....................
5
G.
Zoning .........................................
5
H.
Unified Development Proposal••..••••.•••.•..••-•
Selection Process.
5
I.
Unified Development Schedule ....................
7
III.
REQUEST FOR PROPOSALS LEGAL REQUIREMENTS
A.
Declaration as a Unified Development Project....
8
B.
Commitment of Funds .............................
8
C.
Commitment of Property ..........................
9
iD.
Commitment of Services ..................6.......
9
E.
Execution of Contracts ..........................
9
F.
Right of Termination ............................
10
IV'.
PROPOSAL DEVELOPMENT REQUIREMENTS
A.
Development Objective ...........................
11
lB.
Use ............................................
11
13
i
C.
Proposed Site Improvements .....................
D.
Permitting and Licensing ........................
14
E.
Estimated Construction Cost .....................
15
F.
Financing Strategy ..............................
15
f
G.
Development Schedule ............................
15
H.
Composition of the Development Team .............
15
I.
Development Proposal Contents.
17
J.
Method of Operation .............................
19 t
K.
Minority Participation ..........................
19
V.
PROPOSAL SUBMISSION REQUIREMENTS
A.
Submission Procedures ...........................
20
VI.
EVALUATION CRITERIA
A.
Initial Review ..... .... .......................
22
B.
Review Committee Evaluation ....................
23
C.
CPA Firm Evaluation ............................
26
VII.
TERMS
AND CONDITIONS TO BE INCLUDED IN LEASE AGREEMENT
27
94-
46
TABLE OF CONTENTS
(CONTINUED)
APPENDIX A. City of Miami Charter and Code Sections;
Pertinent Legislation
APPENDIX B. City of Miami Minority and Women Business
Affairs and Procurement Program
(Article IV.5., Sections 18-67 - 18-77
of the Code of the City of Miami)
APPENDIX C. Virginia Key Master Plan (selected excerpts)
APPENDIX D. Metro Dade County Resolution Z-173-79, 11/9/79
EXHIBIT I. Sketch of Survey (includes Legal Description)
EXHIBIT II. Declaration, Professional Information, and
Financial Disclosure Forms
EXHIBIT III. Minority Participation Forms
94- 46
I ,
i
i
I. PUBLIC NOTICE
The City of Miami is seeking Unified Development Project
Proposals for the commercial development of a boat yard
facility, marina, and optional ancillary marine -related retail
use on approximately 4.3 acres of City -owned, waterfront
i property located at 3501 Rickenbacker Causeway, Miami, Florida.
The City through this offering is procuring from the private
sector an integrated package of services consisting of planning
and design, construction, leasing and management of the
proposed commercial development. The property being offered
for development includes 4.294 acres of upland
j contiguous to Biscayne Bay (Marine Stadium basin).
All proposals shall be submitted in accordance with the Request
for Proposals document (RFP) which may be obtained from the
City of Miami Department of Development and Housing
Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami,
Florida 33131, (305) 579-3366. This document contains detailed
and specific information regarding the parcel of land
contemplated for development, the uses the City is seeking, the
submission requirements and selection procedures pertinent to
this Unified Development Project.
i
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 right, title, or interest in the subject property.
Cesar H. Odio
Adv. No. 0274 City Manager
94-- 46
i
II. OVERVIEW
i
A. Introduction
The City of Miami (the "City") is seeking Unified Development
Project Proposals from qualified and experienced developers for
the commercial development of a boat yard facility. Proposals
may include ancillary marine -related retail uses and services.
The property located at 3501 Rickenbacker Causeway, Miami (the
"Property"), is comprised of a total land area of 4.294 acres.
From 1978 to May 31, 1993, the Property was leased to Marine
Stadium Enterprises, Inc.
On November 23, 1993, the City Commission adopted Resolution No.
93-749 declaring that the most advantageous method to develop
certain improvements at the Property is through the Unified
Development Project (the "UDP") process that seeks to procure an
integrated development package from the private sector including
planning and design, construction, leasing and management of the
Property.
On January 27, 1994, the City Commission adopted Resolution No.
94-46 authorizing the issuance of this Request for Proposals
(the "RFP") on February 4, 1994, appointing a seven (7) member
Review Committee and selecting a certified public accounting
firm to evaluate proposal submissions and report findings to the
City Manager as required by the City Charter and Code sections
regarding UDPs. Pertinent legislation referenced herein is
included in Appendix A.
Proposals submitted in response to this RFP shall include
planning and design, financing, and construction of proposed
improvements appropriate to the character of the site and the
Virginia Rey waterfront. The Property, owned by the City, is to
be redeveloped, leased, operated, managed, and maintained, at no
cost to the City, by the selected proposer who is chosen by the
City Commission to develop the Property under a property lease
agreement with the City. Any lease agreement entered into for
the development of the Property must comply with the
requirements of Section 3 (f) (iii) of the City Charter included
herein for reference in Appendix A.
The City will conduct a Proposal Pre -Submission Conference on
Tuesday, February 22, 1994, 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
94- 46
�1
condition for offering proposals, all prospective proposers are
invited and encouraged to attend.
Proposals must be delivered to the Office of the City Clerk,
..j (First Floor Counter) City Hall, 3500 Pan American Drive, Miami,
Florida 33133 by 2:00 p.m., Friday, May 6, 1994. A list of
proposers will be made public on that day.
^� The City of Miami reserves the right to accept any proposals
deemed to be in the best interest of the City, to waive any
irregularities in any proposals, or to reject any or all
proposals and to re -advertise for new proposals, in accordance
with the City Charter and Code sections regarding Unified
Development Projects. Any proposal deemed to be non- responsive
or not responsible by not substantiating the financial
capability of a prospective proposer, or not meeting the minimum
requirements of this RFP at any time prior to the completion of
the Unified Development Project evaluation process and the
signing of a lease agreement, may be rejected. In making such
determination, the City's consideration shall include, but not
be limited to, the proposer's experience, capability of the
development team, the dollar amount return offered to the City,
the proposer's financial qualifications, the overall design of
j 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 right,
title, or interest in the Property.
B. Location and Characteristics
The Property to be developed is located on Virginia Rey, a 1000
acre island, one and one half miles east of the City's mainland,
as shown in Figure 1. "Regional Location Map" and Figure 2.
"Area Location Map". Virginia Rey is entirely publicly owned
and consists of diverse natural and man-made environments
ranging from mangrove forests to regional tourist marine
attractions, a public high school, rowing clubs and public
beaches. Adjacent to the Site is Marine Stadium, a 6700 seat
grandstand facility for staging of marine shows, concerts and
boat races.
Along Rickenbacker
Key Biscayne, an
recreational beat
Biscayne.
Causeway to the southeast of the Property is
island known for its large regional public
ies and parks and the community of Key
3
94- 46
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BEACH
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Virginia
.t
Ivey.
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Figure
3 }
VIRGINIA KEY BOATYARD
Regional Location
94- 46
Figure 2
VIRGINIA KEY BOATYARD
Area Location
94- 46
1} C. Site Description
i As shown in Figure 3. "Site Location Map," the Property is
+ bordered on the southeast by Marine Stadium, on the northeast by
the Marine Stadium Basin waterfront, on the northwest by
Rickenbacker Marina and on the southwest by a parking lot and
Rickenbacker Causeway.
The total acreage of the property is 4.294 acres.
Existing property improvements are shown on the Sketch of
i Survey included as Exhibit 1. Existing facilities include:
o Office and retail structure of 2000 square feet of
enclosed floor area..
t o Restaurant concession consisting of 4000 square feet of
outdoor deck dining area and 2000 feet of enclosed
kitchen and dining area.
+ o Boat ramp
o 294 dry rack slips (rack structures are not included in
+ this leasehold offering - new racks to replace the
existing rack structures or a negotiated purchase of the
"? existing racks from the current operator will be a
j requirement of the successful proposer)
The Property and facilities will be open for inspection to
prospective proposers by appointment only. Contact Eduardo
-! Rodriguez, Director of Asset and Grants Management, at
telephone (305) 372-4640 for an appointment.
i
D. Appraised Value
City Charter Section 29-B prohibits the City Commission from
favorably considering any sale or lease of property owned by the
City unless there is a return to the City of fair market value
under such proposed sale or lease.
r
j The Property was appraised on November 23, 1993 at an estimated
market value of $2,150,000 and an annual market rent value of
$215,000. A second appraisal of the property conducted on
i November 1, 1993 estimates its market value at $3,040,000 and an
annual market rent value at $270,000. The appraisals are
available for public inspection by appointment only. Contact
Eduardo Rodriguez, Director of Asset Management for an
appointment.
E. Lease Term
• The City will enter into a lease agreement with the selected
proposer for the development of the Property described herein
for a term of ten (10) years with one f ive (5) year renewal at
the CITY's option and subject to renegotiated terms.
4
94- 46
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F. Financial Return to the City
Minimum annual lease payments shall be $270,000 (which may be
adjusted annually subject to Consumer Price Index increases
over the lease term) OR the combined minimum percentages of
;.� gross revenues as follows: 15% of gross boatyard revenues, 12%
of gross retail sales including fuel and commercial sublease
revenues, and 10% of gross prepared food and beverage sales,
whichever is greater. Proposers are advised that the above
listed percentages are the minimum required for proposal
j submissions and will be subject to negotiated increases in the
final lease terms, depending on the extent and quality of
improvements proposed.
' G. Zoning
Pursuant to Metropolitan Dade County Zoning Code, the Property
is zoned GP - Governmental Property and GU - Interim District,
as described in the official Dade County Code District
Regulations and as delineated on the official Zoning Atlas of
Dade County. By Resolution Z-173-79, the Dade County Commission
on September 11, 1979 permitted as an Unusual Use of this
Virginia Key site, the maintenance, and continued use of a
marina and marina support facilities including:
a) outdoor boat racks
b) outdoor boat and boat trailer storage
c) boat hoist
' d) boat ramp
e) fueling services
f) general repairs and servicing of boats
I g) concession restaurant with outdoor patio area
h) sale of marine hardware and supplies
i) launching services of all kinds
j) sale of new and used boats and motors
k) rentals of motorized and sail craft, including jet skis
1) sale of nautical gifts and sundries
m) other related services
All prospective proposers must ensure that their proposed
development complies with all applicable zoning laws. For
details of allowable uses and applicable requirements of the GP
and GU zoning districts, refer to the Dade County Building and
Zoning Department at 111 NW 1st Street, 375-1806.
E. Unified Development Proposal Selection Process
The proposal selection process is set forth in Section 29-A(c)
of the Charter of the City and Section 18-52.9 of the Code of
the City and provides as follows:
1. Solicitation of development proposals from qualified
developers
94- 46
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.
I
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
j submitted to City Manager by CPA firm and Review Com-
mittee.
6.
City Manager recommendation to the City Commission of
one or more of the proposals, based on the findings of
the CPA firm and recommendations of the Review
Committee, or alternatively, the City Manager's
recommendation that all proposals be rejected.
7.
City Commission acceptance/rejection of City Manager's
recommendation.
8.
City Commission authorization to.negotiate lease
'
agreement with the selected proposer whose proposal is
determined most advantageous to the City by the City
Commission.
9.
Negotiation of lease agreement between the City and
the selected proposer.
10.
City Commission authorization to execute the
negotiated lease agreement with the selected proposer.
(The selected proposer shall have no vested right,
title or interest in the Property until such time as a
lease agreement is executed.)
11.
Execution of lease agreement between the City and the
selected proposer.
94- 46
I. Unified Development Schedule
(Anticipated)
Issuance of the RFP
February 4,
1994
Proposal Pre -Submission Conference
February 22,.1994
Location: Dept. of Development
10:00
a.m.
300 Biscayne Blvd. Way
Suite 400
Miami, Florida
Proposal Submission Deadline
May 6,
1994
Location: Office of the City Clerk
2:00
p.m.
(First Floor Counter)
Miami City Hall
3500 Pan American Drive
Dinner Key
Miami, Florida
Initial Review of Proposals
May,
1994
Review Committee Meeting
May,
1994
Review Committee Meeting
May,
1994
CPA Firm Initial Evaluation of
Proposals Available to Committee
Review Committee Interviews
with Qualified Proposers &
CPA Firm Presentation of its
Finding to the Committee
June,
1994
Recommendation from the Review
Committee and CPA Firm to the
City Manager June, 1994
Recommendation from the City Manager
to the City Commission for
Selection of One or More Proposals
or Rejection of all Proposals/2nd Meeting in June, 1994
7
.71
i
i III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS
j In accordance with City Charter Section 29-A(c) and City Code
Section 18-52.9, incorporated herein by reference and included
in Appendix A, the legal requirements for UDPs include:
A. Declaration as a UDP
The City Commission determines and declares 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
j 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 November 23, 1993, the City Commission adopted Resolution
No. 93-749 declaring that the most advantageous method to
develop certain improvements on the Property is by a UDP
process that seeks to procure an integrated development package
from the private sector including planning and design,
construction, leasing and management of the Property.
B. Commitment of Funds
1. City
The City shall not provide funds or financing for the
development contemplated by this RFP.
2. Selected proposer
The selected proposer is required to provide adequate equity and
debt capital to finance all aspects of the proposed Unified
Development of the Property. The selected proposer is required
to provide the City with a minimum guaranteed annual rent as
specified in section II. F. Financial Return to the Cit 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
L process. (Refer to Section IV.D.). The City shall deposit in
local banking institutions all monies collected as a result of
this UDP/RFP.
i
i 8
94- 46
upon execution of the lease agreement, the selected proposer
shall be required to furnish the City with a Performance and
Payment Bond in the amount equal to the total estimated cost of
the PROJECT improvements, but not less than $1,000,000 as stated
in section IV.E. of this RFP. In addition, upon execution of
the lease agreement the selected proposer shall be required to
furnish the City a security deposit equal to the one half (50%)
of the first year's negotiated minimum rent.
Submission of the proposal shall include a letter of credit in a
minimum amount of $500,000 for development of the boatyard
facilities plus an amount necessary to guarantee all other
aspects of the proposer's commitment including its financial
performance and the performance of all work required to complete
the proposed development. The letter of credit shall be subject
to the approval of the City's Finance Director and the Director
of the Office of Asset Management and Capital Improvements.
j C. Commitment of Property
The Property and its improvements are offered "as is" by the
City for development and long term management. No
representations or warranties whatsoever are made as to its
-+ condition, state or characteristics. Express warranties and
} implied warranties of fitness for a particular purpose or use
and habitability are hereby disclaimed.
j 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 will enter into a lease agreement for the Property with
the selected proposer. (Refer to Section II.E.) The term of the
lease agreement to be entered into between the selected proposer
and the City shall be ten (10 ) years with one (1) five (5) year
renewal at the City's option and subject to renegotiated terms.
The lease agreement shall be structured to provide the City with
a minimum guaranteed annual rent or a percentage of gross
revenues, whichever is greater.
City -owned property is held in public
mortgaged, pledged, liened or subordinated
of the lease agreement. All leasehold
become the sole property of the City upon
lease agreement.
D. Commitment of Services
and cannot be
in any way as a part
improvements shall
the expiration of the
trust
All City services such as police and fire protection,
routinely provided to any private development within
shall be provided to the selected proposer by the City.
0
which are
the City,
9 4- 46
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 right, title or interest in the property until such
time as the leasehold agreement is executed.
94- 46
IV. PROPOSAL DEVELOPMENT REQUIREMENTS
Respondents to this RFP are advised that the following. factors
must be addressed in the proposals and will be critically
evaluated. Additionally, proposals shall include a market
analysis of all development components to assess the economic
feasibility of the proposed development.
A. Development Objective
Proposals must meet the City's development objective of
compatible public/private utilization of the Property.
Proposals must preserve, provide and maintain full marine boat
yard services for the boating community, and enhance public
access to and enjoyment of the Biscayne Bay waterfront at
Virginia Rey.
Aesthetics of the development will be an important consideration
in the evaluation of proposals. Whether a proposal is to
refurbish and expand existing facilities or to build new
} facilities, the City expects the improvements to respect the
local environment and be responsive to the waterfront setting.
Of special concern is the view of the boat rack storage
facilities from the waterfront and from Rickenbacker Causeway
and proposed landscape treatment to screen such views.
B. Use
The principal use of the Property shall be a dry rack storage
boat yard facility. Ancillary uses of the facility include
marine -related retail space and convenience services for
recreational boat users as options. All uses provided for
shall be non-exclusive uses.
S
(a) Principal Use
(i) Boat Yard Facility
! A boat yard facility which offers boat hauling,
dry rack storage of up to 294 vessels,
cleaning, minor repair and basic maintenance
services for recreational boats. Minimum or
maximum boat sizes and weights are not limited
by this RFP, but will be affected by local
water depths.
Proposers are advised that improvements to be made to the
existing boat yard and rack storage facilities must comply with
11
r 94- 46
i
i
current Federal, State and local code
requirements including life safety needs and
any other applicable regulation.
(b) Ancillary Uses
(i) Optional Marine -Related Retail Space and User
Convenience Services
Proposals may include as ancillary uses to the
principal use of the premises a maximum of 4000
sq.ft. of retail space to provide marine -
related retail services. Marine -related retail
space may include, but not be limited to such
activities as a ships store, marine parts
shop, marine electronics shop, yacht brokerage,
boat dealers, fishing supplies, marine apparel,
windsurfing rentals and sales and scuba diving
equipment shop.
Jet Ski rentals (currently existing) will be
permitted only on an interim month -to -month
basis. Proposers are advised that long term
use of the stadium basin waters for jet skis is
considered inconsistent with recent Dade County
imposed bans on jet ski use in surrounding
Biscayne Bay waters due to jet ski conflicts
with recreational boaters, swimmers,
windsurfers, manatees and the adjacent Virginia
Key Critical Wildlife Preserve. The City may
at any time impose a ban on jet ski use of the
Marine Stadium basin and with 30 days notice,
terminate all rentals or sales of jet skis on
the subject property.
Up to a maximum of 1,000 sq.ft. of convenience
market food and beverage sales (packaged, not
prepared) will be permitted.
Fuel storage and pumping facilities for
servicing the general boating public will be
permitted.
(ii) Prepared Food Concession
A prepared food concession of up to 8000 square
feet in combined indoor and outdoor floor area
will be permitted (in addition to the above
described 4000 square feet of permitted retail
space.) It is desirable that the existing food
) 2
94` 46
concession be relocated to the shoreline where
the existing public boat ramp is located.
A
(iii) Public Boat Ramp
If the ramp is closed to general public use,
the lessee shall be required to provide
launching services for private boats trailered
to the site £or a reasonable fee. Such fee
shall be subject to approval by the Director of
Asset Management.
C. Proposed Site Improvements
! The proposal must describe proposed improvements to the
Property and construction of new structures planned, if any.
Any proposed improvements to existing structures must comply
1 with current building code requirements in accordance with the
South Florida Building Code and life safety needs in accordance
with the City Fire Code.
I Construction of new structures and/or refurbishing of existing
structures must be architecturally acceptable and will be
critically evaluated in the selection process. Overall height
of new structures shall be limited to 55 feet above grade,
including flood criteria. Roofing of not less than 80% of all
storage racks for protection of stored vessels is required and
siding to visually screen the racks is considered desirable.
All proposals which include plans to construct new structures
must comply with the view corridor and public access
+ } requirements as set forth in the Section 3 (mm) of the City
Charter included herein for reference in Appendix A.
Required on -site parking and service areas shall be organized,
appropriately landscaped, and screened from surrounding streets
and adjacent property. Proposals shall also include a
compatible, safe and effective pedestrian and vehicular
circulation system to service the proposed development.
1 Existing paved surfacing of the boat yard, driving lanes and
parking areas is in poor condition. All paved areas will
require resurfacing and drainage improvements.
Layout of rack structures for boat storage shall be given
particular attention to optimize the efficient use of the site,
a minimize fork lift equipment conflicts with other vehicular and
pedestrian traffic and public usage of the boat ramp, and
# provide minimum travel distances for hauling of boats. Existing
1 rack layouts on the site are not efficient and proposers should
• give specific consideration to reconfiguring all rack storage
and parking areas.
13
94- 46
;A
All site improvements must comply with all applicable code
requirements. All signage shall be reviewed and approved by
the Department of Development and Housing Conservation.
i Proposers will be responsible for acquiring all required
permits and approvals.
No permanent wet slips or overnight docking of vessels will be
permitted. Floating docks to facilitate public access and
launching of stored vessels will be permitted.
i
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.
Proposers are herein alerted to certain provisions of the the
Dade County Interim Boating Facility Expansion Guidelines which
state that "New construction or expansion of multi -family or
commercial powerboat docking facilities (including dry storage)
is prohibited, unless the permit applicant can clearly
demonstrate that the docking facility and the operation of boats
using the facility will not adversely impact the manatee or its
habitat on an individual or cumulative basis or unless the
applicant proffers a covenant restricting the usage of all slips
to sailboats."
Metropolitan Dade County, Department of Environmental Management
(DERM) has determined the maximum number of existing powerboat
slips that could be currently allowed at the Property under the
Interim Boating Facility Expansion Guidelines in conjunction
with the issuance of a Class I Permit is 294 dry rack slips.
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
i
law, at the proposer's sole cost and expense.
E. Estimated Construction Cost
The proposal must include a detailed construction cost estimate
for the entire proposed development. The total cost of- all
improvements shall be not less than one million dollars,,_
($1,000,000).
14
94- 46
1
F. Financing Strategy
The proposer shall provide, as part of the proposal, a
description of the financing strategy for all building and site
improvements including public spaces and amenities associated
with the development. Prior to the execution of a lease
agreement the City will require written evidence of a firm and
irrevocable commitment of all funds necessary to construct,
equip and initiate operation of the proposed Project.
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 tAe site. All
proposed development must be completed within the time period
specified in the schedule in the proposal. Any and all proposed
physical improvements to the property must be completed within
18 months from the date of transfer of the leasehold Property to
the selected proposer.
H. Co osition of the Development Team (Proposing
Entity) & Consultants
Proposals must include professional qualifications and
credentials that demonstrate the development team's ability to
successfully undertake and complete development of the
Property. The proposal must contain information sufficient to
demonstrate the development team's and their consultant's, if
any, ability to plan, design, construct, lease and manage a
boat yard facility with any retail use proposed in accordance
with the development program outlined herein in this Section.
The Development Team is hereby defined as being comprised of the
proposing entity with whom the City will contract with for
the leasehold agreement.
The consultants to the Team Development
p , if any, may come from
one firm possessing all the required expertise or may be from
among several firms constituting all the required expertise
including its professional planning and design consultants
1 15
' 94- 46
=w,
I
i
:wq
and sub -consultants, its general contractor or construction
manager and its operational and management consultant.
Consultants and subconsultants may submit on more than one
team. However, the Development Team shall only submit as part
of one submission and shall not be part of any other submission
~-7
in any capacity.
The Development Team and/or their consultants shall
substantiate experience in all aspects of development and
management of boat yard and marina facilities proposed.
The general contracting or construction management firm shall be
licensed as a general contractor in the State of Florida.
The Development Team and their consultants assembled in response
to this RFP shall, at minimum, demonstrate professional
expertise in each of the following disciplines (copies of
currently active licenses are required and must 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 esa.gn an
development of boat yards and marinas;
Engineering: shall be registered to practice engineering
in the State of Florida as required by Chapter 471 of the
Florida Statutes, Professional Engineers, and shall have
substantiated experience in the Zesign ana development of
boat yards and marinas;
Landscape Architectural: shall be registered to practice
landscape architecture in the State of Florida as required
by Chapter 481, Part II, Landscape Architecture, of the
Florida Statutes;
General Contracting or Construction Management: shall be
licensed as a general contractor in the State of Florida
and shall have substantiated experience in the management
of marina and boat yard constructions;
Operations and Management: shall have experience in the
operations and management of boat yards and marinas;
If ancillary retail uses are proposed as part of the
development:
Commercial Real Estate Leasing: shall have experience in
` leasing of marine -related commercial properties;
Operations and Management:
operations and management of
commercial uses.
16
shall have experience in the
the proposed marine -related
94- 46
i
No additions or modifications may be made to the proposals
and the teams they represent subsequent to the submission
deadline. New and/or current personnel who are not
identified in the proposal may not be introduced as part of
the proposed team subsequent to the submission deadline.
Respondents must notify the City in writing immediately of
any firm or individual presented in its original submission
who is unavailable to continue on the team. Any such
change may result in the removal of the proposal from
consideration. All principal investors (over 5% interest)
on the development team may be subject to a background
check by the Miami Police Department.
j Respondents are encouraged to include in the composition of the
Development Team, 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
- 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. Development Proposal Contents
-, Prospective proposers shall address and include, as part of
their proposals the following items:
1. Development Plan:
Description of all aspects of the plan
Overall site development
Number of new buildings, if any, and use;
square footage, height
Retail entity square footage and type, if any
Food and Beverage entity square footage, if any
Architectural features
a Methods of construction
Number of dry boat storage spaces for
powerboats/sailboats
! On site parking requirements
2. Illustrative Drawings:
(Prepared by a registered architect
A licensed to practice in Florida and
board -mounted not to exceed 30" x 4011)
Site Plan
L
Elevations, sections and floor plans of existing
buildings to be renovated and all proposed new
structures
17
n
94-
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
5. Market Analysis
6. Completed Declaration, Financial Disclosure and
Professional Information forms as detailed and
included herein as Exhibit II.
7. An annual minimum guaranteed rental payment to the
City and percentages of gross revenues collected.
8. A dollar amount to be spent on permanent physical
improvements to the Property and boatyard
facilities.
9. A schedule including all phases of the development
including planning and design, construction, and
operations.
10. Letters from financial institutions documenting
the proposer's ability to finance all aspects of the
proposed development.
11. Audited Financial Statements for each principal of
the proposing entity.
12. All required bonds or letters of credit.
13. Documentation of the proposer's and Development
Team'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.
r
16. The organizational structure presented in graphic
"1 form depicting the proposing entity and the
professional consultants forming the Development
Team, including the names, affiliation and
addresses of principals. This includes any and all
{ general partners, stockholders owning 5% or more of
the stock, the president, vice-president, etc.
17. Completed Minority Participation Documentation
j 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.
i
18. City occupational license(s) demonstrating the
participation of local firm(s) in the Development
Team.
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.
J
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.
1
Minorities are expected to be an integral part of the
development team, participate substantially in construction
contracts and jobs, and comprise a significant part of the
{ permanent management team, as well as all businesses and work
1 force created b the development. For the
Y P purpose of proposal
evaluation, significant minority participation in the
Development Team shall be defined as 30% of the proposing entity
with each minority group ( black, hispan ic, and female)
comprising not less than 5% each. As evidence of minority
compliance, proposers are expected to complete the applicable
forms included in Exhibit III.
19
94- 46
V. PROPOSAL SUBMISSION REQUIREMENTS
Submissions received in response to the RFP shall meet all
requirements specified herein in this Section. Submissions
:.� deficient in providing the required information shall be
determined non -responsive by the City and ineligible from any
further consideration.
A. Submission Procedures
} A complete proposal submission package shall be delivered to
the City as follows:
1. One (1) original and fourteen (14) copies of bound
proposals in an 8-1/211x 11" format and one set of
board- mounted illustrative drawings not to exceed 30"
x 40".
2. Proposal submissions must be marked "Unified
Development Project Proposal for 3501 Rickenbacker
Causeway, Virginia Key, Miami, Florida" and addressed
to:
Herbert J. Bailey
Assistant City Manager
City of Miami
3. Proposals must be received at:
Office of the City Clerk
City of Miami, City Hall
(First Floor Counter)
3500 Pan American Drive
j Dinner Key
Miami, Florida 33133
j 4. The submission package shall be submitted by:
I
2:00 P.M.
i Friday, May 6, 1994
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., May 6, 1994 or at any other City office location,
other than the City Clerk's Office (First Floor Counter).
1 20
�1
,. 94- 46
Funds accompanying the proposal submission will be used by the
City to cover actual expenses for advertising, printing, and
mailing incurred by the City in preparing and issuing the RFP.
Expenses incurred in evaluating proposal submissions, in
excess of the total amount collected shall be reimbursed to the
City by the selected proposer upon execution of a lease
agreement.
VI. EVALUATION CRITERIA
i
1
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 January 27, 1994 the City Commission
authorized the City Manager to issue the RFP, appointed a review
committee from recommendations submitted by the City Manager and
further selected a certified public accounting (CPA) firm, both
to evaluate submitted proposals.
The review committee established by the City Commission at the
public hearing, will render a written report of its evaluation
y of responsive and responsible proposals to the City Manager.
The review committee shall evaluate each proposal based on the
criteria established herein. The committee has the authority to
recommend one or more, or none of the proposals if it deems them
not to be in the best interest of the City. However, the
committee shall have to explain its reasons for such a decision.
j 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.
r The accounting firm shall present its preliminary findings
regarding each proposal to the review committee prior to the
s review committee completing its deliberations.
j
A. Initial Review of Proposals for Compliance with the
RFP.
I
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
i listed in Section V. have been included in the proposal
i 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.
r
22
94-
I
B. Review Committee Evaluation Criteria
The following specific evaluation criteria and its respective
s
assigned values shall be used by the review committee for
purposes of rating and ranking the proposal submissions:
j Criteria Value(Points)
Experience of the proposing entity ...............20
Capability of the Development Team................15
Financial capability of the proposing entity ...... 20
i
Financial return to the City......................20
? Overall design of the proposed development ........ 15
i
Extent of minority participation ..................10
`f
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
I committee in evaluating the proposals:
1. Experience of the Proposing Entity (20 points)
Qualifications and experience.of the proposing entity
j in planning and design, constrution, leasing and
management.
Specific experience of the proposing entity in
j development, design, leasing and management of boat
yard and marina facilities and ancillary types of uses
proposed. A minimum of 5 years marina experience is
required.
t 2. Capability of the Development Team (15 points)
Composition of the Development Team; professional
qualifications and capability of team members, project
managers, consultants and subconsultants.
rA
Architectural/engineering capability and range of
experience on similar developments comparable in scope,
complexity, magnitude.
Adequacy of personnel to successfully undertake and
complete the development proposed:
23
i
y
94- 46
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
j
developments and cooperation with former clients.
Demonstrated ability to meet time schedules and
budget.
Qualifications, organization and experience of
` operational, leasing management team.
Qualifications and specified experience of project
' managers, team members and professional consultants
in development and management of boat yard and marina
facilities.
i
Specific experience of the Development Team in
relationship to development and management of the
types of ancillary uses proposed.
i
3. Financial Capability (20 points)
Demonstrated financial capability of the proposing
entity sufficient to successfully undertake and
complete this development.
i
Proposing entity's track record of financing
developments comparable in magnitude and scope to
j successfully finance this development.
Viability of financing strategy, financing mechanism,
and funding sources.
-i Demonstrated feasibility of all aspects of the
proposed development substantiated by a market
analysis.
4. Financial Return to the City (20 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.
Any additional financial benefit to the City.
24
94- 46
5. Overall Design of the Proposed Development (15 points)
°? Fulfillment of the City's established development
j objective.
Appropriateness and quality of the design as
related to the character of the site and the
Virginia Key waterfront.
j
Appropriateness and quality of the design of new
structures and/or refurbishing of existing dry rack
storage structure and buildings.
Treatment of dry rack boat storage
Imaginative and creative treatment of architectural
and site design of public access to and design of
public spaces, exterior spaces, circulation, view
corridors, landscaping, graphics, signage and
lighting.
Efficiency of site design and organization,
and compatibility of uses.
i
4
6. Extent of Minority Participation (10 points)
Minority/women participation within the proposing
entity.
Minority/women participation within the Development
Team.
Subcontracting and hiring practices during
i
construction.
Opportunities for minorities/women, hiring outreach and
training opportunities in relation to leasing,
management, operation and maintenance of facilities.
7. Participation of Local Firm(s) (6 points)
Local firm(s) participation shall be defined as a firm
having a established business office within the City
municipal limits. The firm shall have a
j
current occupational license issued by the City.
a. 3 points shall be awarded to a proposal submitted
by a local proposing entity.
i
,a
25
94- 46
b. 3 points shall be awarded to a proposal whose
Development Team consists of local consultants in
the design, general contractor, management
and operations fields.
C. CPA Firm Evaluation Criteria
f The certified public accounting firm selected by the City
I Commission will evaluate each proposal submission prior to
evaluation by the review committee. Specifically, the
certified public accounting firm will evaluate the financial
viability of the proposing entity, the viability of the
financing strategies, source and structure; and will assess
comparatively the short and long range economic and fiscal
return to the City. Additionally, the certified public
accounting firm will assess the market analysis and evaluate
the economic feasibility of the proposed development. The
accounting firm shall present its findings regarding each
proposal to the review committee prior to the review committee
completing its deliberations. The CPA firm will render an
independent report of its findings to the City Manager.
!
VII. TERMS AND CONDITIONS TO BE INCLUDED IN THE LEASE
AGREEMENT
i
A. Authorization
j
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
I
City Manager or his designee during the negotiation of
the lease agreement and must approve the lease
s}
.agreement as to legal form and correctness prior to
its execution. Until such time as the lease agreement
is executed, the selected proposer has no vested
right, title or interest in the subject property.
1
1
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 Premesis for Development
11. Operation and Management of Leased Premises
12. Equity Capital and Mortgage Financing
13. Public Charges/Fees/Taxes
14. Maintainance, Repair and Replacement
„i
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
a
22. Rules and Regulations
tia
23. Compliance with Federal, State and Local Laws
24. Minority Procurement
25. Miscellaneous
27
94- 46
.,J
APPENDIX A
city of Miami
Charter and Code Sections
Pertinent Legislation
MHOMMOP
127-E
CHARTER AND RELATED LAWS
Sec. 27-E. Assessor to have power of county
assessor; general assessment roll.
Note —The user's attention is directed to the editor's note to
$ 27-B of this charter. ;
Sec. 27-F. Signing and endorsing general as-
sessment roll; return and presump-
tion of validity.
Note —The user's attention is directed to the editor's note to
127-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
127-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 127-B of this
charter.
[Sec. 27-1. Reserved.)
Sec. 27-J. Discounts if taxes paid before cer-
tain time.
Note —The discount rates formerly set out in this section no
longer apply; for present rates, see Fla. Stats., 1193,41. The
user's attention is also directed to the editor's note to 127-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
127-B of this charter.
Sec. 27-L. Tax certificates; interest rate there-
on.
Note —The user's attention is directed to the editor's note to
4 27-B of this charter.
Sec. 28. Chief procurement officer.
(a) The city manager shall appoint a chief pro-
curement officer who shall supervise all purchases
for the city in the manner provided by ordinance
and who shall, under such procurement methods
as may be prescribed by ordinance, supervise sales
Supp. No. 29
Subpt. A ,
of all real and personal property of the city not
needed for public use or that may have become
unsuitable for use. The chief procurement officer
shall have charge of such storerooms and ware-
houses of the city as the commission may by ordi-
nance provide. Before any purchase or sale, the
chief procurement officer shall require that all
prescribed procurement procedures be followed.
Supplies shall not be furnished to any department
unless there be to the credit of such department
an available appropriation balance in excess of
all unpaid obligation sufficient to pay for such
supplies.
(b) No contract for furnishing supplies or ser-
vices for the city, except as otherwise provided in
this charter, shall be made for a period of more
than one year.
(c) The chief procurement officer shall see to it
that all persons seeking to do business with the
city not discriminate against any employee or
applicant for employment because of age, race,
creed, color, religion, sex, national origin, handi-
cap, or marital status; and that they take affir-
mative action to ensure that applicants are em-
ployed and that employees are treated during em-
ployment without regard to their age, race, creed,
color, religion, sex, national origin, handicap, or
marital status.
(d) The chief procurement officer shall be re-
sponsible for developing such minority procure- -
ment program as may be prescribed by ordinance
and permitted by law.
30
A-1
Sec. 28-A. Contracts for personal property,
public works or improvements, uni-
fied development projects, and real
property; safeguards.
(a) Personal property. Any personal p rty,
including but not limited to supplies, equipme
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,
O'4- 46
i
i
1
Subpt. A
I
I
CHARTER
that if the amount of a bid or proposal submitted
by a vendor whose primary office is located in the
City of Miami is not more than ten (10) percent in
excess of the lowest other responsible bidder or
proposer, such local vendor may be awarded the
contract, but the city manager or designee shall
have the power to reject all bids and proposals.
Notwithstanding the foregoing, the city manager
may waive competitive sealed bidding methods
by making a written finding which shall contain
reasons supporting the conclusion that competi-
tive sealed bidding is not practicable or not ad-
vantageous to the city, which finding must be
ratified by an affirmative vote of two-thirds of the
commission after a properly advertised public hear-
ing. When competitive sealed bidding methods
are waived, other procurement methods as may
be prescribed by ordinance shall be followed. All
invitations for bids, requests for proposals, or other
solicitations shall contain a reservation of the
foregoing right to reject all offers. All contracts
for personal property in excess of four thousand
five hundred dollars ($4,500.00) shall be signed
by the city manager or his designee after approval
thereof by the commission. This section shall not
apply to transfers to the United States or any
department or agency thereof, to the State of Flori-
da, or to any political subdivision or agency thereof.
(b) Public works or improvements. Any public
work or improvement may be executed either by
contract or by the city labor force, as may be
determined by the commission. There shall be a
separate accounting as to each work or improve-
ment. Before authorizing the execution by the
city labor force of any work or improvement or
phase thereof,_ the city manager shall submit to
the commission a description of the anticipated
scope of work and related cost estimates. All con-
tracts for more than ten thousand dollars ($10,-
000.00), which shall include contracts under which
improvements valued in excess of $10,000 are to
be constructed for the city, shall be awarded to
the lowest responsible bidder after public notice
and using such competitive sealed bidding meth-
ods as may be prescribed by ordinance; provided,
however, that if the amount of a bid or proposal
submitted by a contractor whose primary office is
located in the City of Miami is not more than ten
(10) percent in excess of the lowest other respon-
Supp. No. 29
31
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 for bids, requests for proposals, or
other solicitations shall contain a reservation of
the foregoing right to reject all offers. Contracts
for public works or improvements shall be signed
by the city manager or his designee after approval
thereof by the commission.
When it becomes necessary in the opinion of
the city manager to make alterations or modifica-
tions in a contract for any public work or im-
provement, such alterations or modifications shall
be made only when authorized by the commission
upon the written recommendation of the city man-
ager. No such alteration shall be valid unless the
price to be paid for the work or material, or both,
under the altered or modified contract shall have
been agreed upon in writing and signed by the
contractor and the city manager prior to such
authorization by the commission.
(c) Unified development projects. A unified de•
velopment project shall mean a project where 'an
interest in real property is owned or is to be ac-
quired by the city, is to be used for the develop-
ment of improvements, and as to which the com-
mission determines that for the development of
said improvements it is most advantageous to the
city to procure from a private person, as defined
in the Code of the City of Miami, one or more
the following integrated packages:
(1) planning and design, construction, and leas-
ing; or
(2) planning and design, leasing, and manage.
ment; or
A-2
(3) planning and design, construction, and man-
agement; or
°4- 46
`4
I
i
i
4
i 29-A
CHARTER AND RELATED LAWS
(4) planning and design, construction, leasing,
and management.
So long as the person from whom the city pro-
cures one of the above -mentioned integrated pack;
ages provides all of the functions listed for that
package, such person need not provide each listed
function for the entire unified development project
nor for the same part of the unified development
project.
Requests for proposals for unified development
projects shall generally define the nature of the
uses the city is seeking for the unwed develop-
ment project and the estimated allocations of land
for each use. They shall also state the. following:
(1) the specific parcel of land contemplated to be
used or the geographic area the city desires
to develop pursuant to the unified develop-
ment project;
(2) the specific evaluation criteria to be used by
the below -mentioned certified public account-
ing firm;
(3) the specific evaluation criteria to be used by
the below -mentioned review committee;
(4) the extent of the city's proposed commitment
of funds, property, and services;
(5) the definitions of the terms "substantial in-
crease" and "material alteration" that will
apply to the project pursuant to subsection
(eX4) hereof; and
(6) a reservation of the right to reject all propos-
als and of the right of termination referred to
in subsection (eX4), below.
After public notice there shall be a public hear-
ing at which the commission shall consider:
(1) the contents of the request for proposals for
the subject unified development project;
(2) the selection of a certified public accounting
firm, which shall include at least one mem-
ber with previous experience in the type of
development in question; and
(3) the recommendations of the city manager for
the appointment of persons to serve on the
review committee. Said review committee shall
Supp. No. 29
Subpt. A
consist of an appropriate number of city 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 altern vely, kk
the city manager may recommend tha il
proposals be rejected. If there are three of"\
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 94- 46
i
Subpt. A
CHARTER
§ 29•A
him by the aforementioned certified account-
ing firm and review committee.
(4) all contracts for unified development projects
shall be awarded to the person whose pro-
posal is most advantageous to the city, as
determined by the commission.
The commission may accept any recommenda-
tion of the city manager by an affirmative vote of
a majority of its members. In the event the com-
mission does not accept a proposal recommended
by the city manager or does not reject all propos-
als, the commission shall seek recommendations
directly from the aforementioned review commit-
tee, which shall make a recommendation or rec-
ommendations to the commission taking into ac-
count the report of the aforementioned certified
public accounting firm and the evaluation criteria
specified for the review committee in the request
for proposals.
After receiving the direct recommendations of
the review committee, the commission shall, by
an affirmative vote of a majority of its members:
(1) accept any recommendation of the review com-
mittee; or
(2) accept any previous recommendation of the
city manager; or
(3) reject all proposals.
All contracts for unified development projects
shall be signed by the city manager or designee
after approval thereof by the commission. The
city manager or designee shall be responsible for
developing a minority procurement program as
may be prescribed by ordinance and permitted by
law in conjunction with the award of contracts for
unified development projects. The provisions of
this charter section shall supersede any other char-
ter or code provision to the contrary.
(d) Sales and leases of real property, prohibi-
tion. Except as otherwise provided in this charter
section, there shall be no sale, conveyance, or
disposition of any interest, including any lease-
hold, in real property owned by the city, the de-
partment of off-street parking, or the downtown
development authority, unless there has been prior
public notice and a prior opportunity given to the
Supp. No. 29
public to compete for said real property or inter-
est. Any such sale, conveyance, or disposition shall
be conditioned upon compliance with: the provi-
sions of this section; such procurement methods
as may be prescribed by ordinance; and any re-
strictions that may be imposed by the city, the
department of off-street parking, or the downtown
development authority, as appropriate. Further,
no right, title, or interest shall vest in the trans-
feree of such property unless the sale, conveyance,
or disposition is made to the highest responsible
bidder, as is determined by the city commission,
or the off-street parking board, or the downtown
development authority board of directors. The city
commission or the off-street parking board or the
downtown development authority board of direc-
tors, as appropriate, may by resolution waive the
requirement of sale, conveyance, or disposition to
the highest responsible bidder by means of the
following procedure: the city manager, the direc-
tor of the off-street parking authority, or the di-
rector of the downtown development authority, as
appropriate, must make a •written finding that a
valid emergency exists, which finding must be
ratified by an affirmative vote of two-thiris of the
commission after a properly advertised public hear-
ing. When the requirement of sale, co-.aveyance,
or disposition to the highest responsible bidder is
waived, other procurement methods as may be
prescribed by ordinance shall be followed. The
city or the department of off-street parking or the
downtown development authority shall have the
power to reject all offers. All invitations for bids,
requests for proposals, or other solicitations shall
contain a reservation of the foregoing right to
reject all offers. This section shall not apply to
transfers to the United States or any department
or agency thereof, to the State of Florida, or to
any political subdivision or agency thereof.
(e) Safeguards.
(1) All persons contracting with the city under
this section shall be required to certify their
compliance with the antitrust laws okthe
United States and of the State of Florida a
to hold harmless, defend, and indemnify the
city for any noncompliance by said persons
with the above laws.
33 94- 46
A-4
CHARTER AND RELATED LAWS
(2) All persons contracting with the city under
this section shall be obligated to pay which.
ever is the greater of the following- (i) all
applicable ad valorem taxes that are lawfully
assessed against the property involved or (ii)
an amount to be paid to the city equal to
what the ad valorem taxes would be if the
property were privately owned and used for a
profit -making purpose. Such taxes shall not
be credited against any revenues accruing to
the city under any contract that may be
awarded under this section.
(3) Any proposal by a potential bidder or con-
tractor that contemplates more than the es-
timated extent of the city's proposed commit-
ment of funds, property, or services shall be
ineligible for acceptance by the city commission.
(4) Any substantial increase in the city's com-
mitment of funds, property, or services, or
any material alteration of any contract awarded
under subsection (c) of this section shall enti-
tle the city commission to terminate the con-
tract after a public hearing. Prior to such
public hearing, the commission shall seek and
obtain a report from the city manager and
from the review committee that evaluated
the proposals for the project, concerning the
advisability of exercising that right. (Char.
Amend. No. 3, 11-6.79; Ord. No. 9507, § 1,
10-28-82; Char. Amend. No. 1, 11-2-82; Char.
Amend. No. 1, 11-4-86; Char. Amend. No. 3,
11-3-87)
Editor's note —Ord. No. 9489, adopted by the commission
on Sept. 17, 1982, set forth Charter Amendment No. 1 for
approval/rejection at election on Nov. 2, 1982. On Oct. 28,
1982, Ord. No. 9509 amended the language of subsections (a)
and (c) of § 53 as proposed by Ord. No. 9489. The election was
to approve the language of Charter Amendment No. 1, as amended
by Ord. No. 9507. Subsequently, in light of Charter Amend-
ment No. 2 of Nov. 3, 1987, the city attorney directed the
codifier to delete paragraph (ii) of subsection (d) as superseded
by § 29-B.
Annotations —For case decided prior to enactment by Char-
ter Amendment No. 3 of 1979 of a competitive -bidding re-
quirement for disposition of city property, see Mahoney v.
Givens, 64 So. 2d 926. Said case held that competitive bidding
is not required to lease city real estate.
Material variance between plans bid upon and plans sub.
mitted and adopted renders contract void, Glatstein v. City of
Miami, 399 So. 2d 1005.
Supp. No. 29
i
A
Subpt. A
Sec. 29-B. City -owned property sale or lease —
Generally.
Notwithstanding any provision to the contrary
contained in this Charter or the City Code, except
for the conveyance or disposition of city -owned
property implementing city -assisted housing pro-
grams or projects which are intended to benefit
persons or households with low and/or moderate
income by providing housing for such persons or
households, such as, but not limited to, those funded
programs or projects undertaken, pursuant to the
Federal Housing Act of 1937 and the Florida Hous-
ing Act of 1972, as those statutes maybe amended
or revised from time to time, implementing city -
assisted housing programs as .may be authorized
by federal or state law, implementing projects
authorized under the Florida Community Rede-
velopment Act of 1969, and implementing pro-
jects of any governmental agency or instrumen-
tality, the city commission is hereby prohibited
from favorably considering any sale or lease of
property owned by the city unless there is a re-
turn to the city of fair market value under such
proposed sale or lease. The city commission is
also hereby prohibited from favorably consider-
ing any sale or lease of city -owned property un-
less (a) there shall have been, prior to the date of
the city commission's consideration of such sale
or lease, an advertisement soliciting proposals for
said sale or lease published in a daily newspaper
of general paid circulation' in the city, allowing
not less than ninety (90) days for the eity's receipt -
of proposals from prospective purchasers or les-
sees, said advertisement to be no less than *dne-
fourth (V4) 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 ur-
chasers or lessees; however, if there are less t
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 °4- 46
A-5
f
Subpt. A
CHARTER
bidding procedures to be used in the disposition of
city -owned property or any interest therein, the
city commission is authorized to waive all such
disposition requirements where the intended use
of such property or interest therein is in further-
ance of the objective of providing rental or sales
housing within the economic affordability range
of low and/or moderate income families and/or
individuals. In determining low and/or moderate
income households as set forth above, the criteria
shall be those provided for by federal and/or state
law or by the city commission. (Char. Amend. No.
2, 11-3-87)
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)
or (d) as appropriate and/or by applicable City
Code provisions. Nothing herein shall effect the
existing rights or privileges, if any, of any lessee,
permittee, licensee or concessionaire currently sit-
uated in said area; however, any enlargement,
amendment, transfer, or increase in those rights
or privileges as may be in existence at the time
this amendment is adopted shall require compli-
ance with the provisions of this amendment. This
Charter Amendment shall not affect the city's
Supp. No. 29
34.1
A-6
4 30
use or occupancy of the area, nor shall it apply to
contracts for the construction of any city facilities
or improvements in the area; further, nothing
contained herein shall apply to projects of any
governmental agency or instrumentality. (Char.
Amend. No. 1, 11-3-87)
Sec. 30. Local improvements.
(a) Deftnitions, 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.
004 —
VEM
A t
71 4 18.52.7 MIAMI CODE § 18•62.9
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, 2-10-63)
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, aooes-
sories, or replacement parts permits one (1)
reasonable source of supply;
(2) Where the goods or services available from a
single source are needed for trial use or test-
ing; and
(3) Where the unique and specialized expertise
of one (1) source of services is unlikely to be
obtained from ally dther source.
(b) Determination and approval The determi-
nation that an award shall be made on a so2e-
source basis shall be made by the :chief irmare-
ment officertethecitymanager. Suck -determination
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;
X4) The amount and type of contract; and
(5) The identification number for each contract
file. <OOrd. No. 9572, 11, 2-10-83)
Sec. 18 b2.9. Unified development projects.
(a) Definitions. For the purposes of this article
IV, the following terms shall have the following
meanings:
Unified development project shall mean a proj-
ect in which an interest in real property is owned -
or is to be acquired by the city, which is to be used
for the development of improvements, and as to
which the city commission determines that for
the development of 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 i te-
grated packages:
(1) Planning and design, construction, and leas-
ing, or
(2) Punning and design, leasing, and manage-
ment; or
1208
A-7
(3) Planning and design, construction, and man-
agement; or
94- 46
i "]
ti
1 1"2.9
FINANCE
(4) Planning and design, construction, leasing
and management.
(b) Conditions for Brae: A unified development
project shall be used in those circumstances in
which the city commission by resoltition 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
18-52.9(a). So long as the person from which the
city procure& we (1) of the above -mentioned inte.
grated pattwa provides all of the functions listed
for that package, such person need not provide
each listed function for the entire unified level=
opment project nor for the same part of tr,2 uni-
fied development project.
(c) Requests for proposals. A r(.gpest for pro,.
posals shall be issued- which geneirallydefines the,
nature of the project,. the uses the city is seeking
for the project, and the estimated allbcatioa& of
land for each use. The request for proposal's sliali'
also include the following:
(1) Instructions and information to offerors con-
cerning the proposal submission require-
ments, including the time and date set for
receipt of proposals, the address of the of-
fice to which proposals are to be delivered,
the maximum time for proposal acceptance
by the city, and any other special information;
(2) The specific parcel of land contemplated to
be used or the geographic area the city
desires to develop;
(3) The specific criteria which shall be used to
evaluate competing proposals by the below.
mentioned certified public accounting firm;
(4) The specific evaluation criteria which shall
be used to evaluate competing proposals by
the below -mentioned review committee;
(5) A statement that written and oral discus-
sions may be conducted with offerors who
submit proposals determined to be reason-
ably susceptible of being selected for award,
but that proposals may be accepted as sub-
mitted without such discussions;
(6) A statement of when and how financial
considerations and return to the city should
be submitted;
8upp. Na 10
1 1"2.9
(7) The contract terms and conditions, includ-
ing warranty and bonding or other secu.
rity requirements as may be fixed and
applicable;
(8) The extent of the city's proposed commit.
ment of funds, property, and services;
(9) The definition of the terms "substantial
increase" and "material alteration" that
will apply to the.paoject.in.accordance with
section 53( )• af'the C> ader of the city;
(10) A reservation of the right to: rq*t all pro-
posak and of thv right of'termination re-
ferred to. im serti;oa. 83l X*), of the Charter
of the aityr„
(11), The date, time sad place at which any
preproposal conferences may be held and
whether attendance at such conferences is
a condition for offering proposals; and
(12) The place where any documents incorpo.
rated by reference may be obtained
Before issuing a request for proposals, there shall
be a public hearing, after public notice, at which
the commission shall consider:
(1) The contents of the request for proposals for
the subject unwed development project;
(2) The selection of a certified public accounting
firm, which shall include at least one (1) mem-
ber with previous experience in the type of _
development in question; and
(3) The recommendations of the city 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.
1209
A- g
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.
<,r
1 1"2.9 MIAMI CODE 4 1852.9
1
I
(d) Developer lists. Developer lists may be com•
be limited to, the name of each offeror and a
piled to provide the city with the names of devel.
summary description sufficient to identify the proj-
opers who may be interested in competing for
ect. The register of proposals shall be open to
various types of city projects. Unless otherwise
public inspection.
provided, inclusion or exclusion of the name of a
(h) Minority participation. The city's minority
developer does not indicate whether that devel•
procurement program shall be referred to in the
oper is responsible with respect to a particular
requests for proposals and shall apply to the award -
procurement or otherwise capable of successfully
ing of contracts for unified development projects.
performing a particular city project.
(e) Public notice Notice inviting proposals shall
(i) Evaluation of proposals. The procedure for
the selection of an integrated package proposal
be published at least once in a newspaper of gen-
shall be as follows:
eral circulation in the city to provide a reason-
able time for proposal preparation considering the
(1) All proposals shall be analyzed by a certified
content and complexity of the anticipated scope of
public accounting firm appointed by the com.
work. In any event, at least fifteen (16) days shall
mission based only on the evaluation criteria
intervene between the last date of publication
applicable to said certified public accounting
and the final date for submitting proposals. Such
firm contained in the request for proposals.
notices shall state the general description of the
Said certified public accounting firm shall
scope of work, the place where a copy of the re-
render a written report of its findings to the
quest for proposals may be obtained, and the time
city manager.
and place for receipt of proposals. The city man-
(2) The review committee shall evaluate each
ager may, in addition, solicit proposals from all
propel based only on the evaluation criteria
responsible prospective developers listed on a cur-
applicable to said review committee contained
rent developers list by sending them copies of the
in the request for proposals. Said review com-
notice to acquaint them with the proposed
mittee shall render a written report to the
-: procurement.
city manager of its evaluation of each propo-
(f) Preproposal conferences. Preproposal confer-
sal, including any minority opinions.
ences may be conducted to explain the require-
(3) Taking into consideration the findings of the
menta of the proposed procurement. They shall be
aforementioned certified public accounting firm,
announced to all prospective developers known to
the evaluations of the aforementioned review
have received a request for proposals. The confer-
committee, and the degree of minority partic--
ence should be held long enough after the request
ipation in city contracts, the city manager
for proposals has been issued to allow developers
shall recommend one (1) or more of the pro -
to become familiar with it but sufficiently before
posals for acceptance by the commission, or
proposal submission to allow consideration of the
alternatively, the city manager may recom=
conference results in preparing proposals. Noth-
mend that all proposals be rejected. If there
ing stated at the preproposal conference shall change
are three (3) or more proposals and the city
i the request for proposals unless a change is made
manager recommends only one (1), or if he
j by written amendment. A summary of the con-
recommends rejection of all proposals,
p �ls' the
' ference shall be supplied to all those prospective
manager shall state in writing the reasons'
developers known to have received a request for
q
for his recommendation. In transmitting his
proposals. If a transcript is made, it shall be a
recommendation or recommendations to the
,..; public record.
commission, the city manager shall include
(g) Receipt of proposals Proposals shall be opened
the written reports, including any minority
fpublicly in the presence of two (2) or more city
opinions, rendered to him by the aforemen-
officials. After the closing date for receipt of pro-
tioned certified accounting firm and review
posals, a register of proposals shall be prepared
committee.
by the city manager which shall include, but not
r
Supp. No.10
1210 94- 46
A-4
118.52.9 FINANCE
4 18.53
1
Q) 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
j 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 racommenda-
most economical contract performance.
j 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
j by the city manager or does not reject all propos.
sales and leases where the terms, conditions,
als, the commission shall seek recommendations
specifications and other factors of the contract
directly from the aforementioned review commit-
cannot be specified with a high degree of cer.
tee, which shall make a recommendation or rec-
tainty or the use of fixed -price contracts is
ommendations to the commission taking into ac-
not likely to result in substantial competi.
count the report of the aforementioned certified
tion between bidders or offerors willing to
public accounting firm and the evaluation criteria
compete for the contract. Incentives based on
l specified for the review committee in the request
various performance factors and escalation
for proposals.
clauses or other economic adjustments may
After receivingre the direct commendations of
be included as appropriate to serve the best
interests of the city in achieving the most
i 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 IV and V of this Code. Such orders shall
commission. (Ord. No. 9572, $ 1, 2-10-83)
state a specific monetary limit which may
City code cross reference —Minority participation in uni-
not be exceeded except on written approval
� feed development contracts, � 18.73.
by the chief procurement officer.
Sec. •18-53. Types of contracts. (4)
Multiyear contracts.
i
(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 peri
use of a cost-plus contract is prohibited.
of time deemed to be in the best interests
(1) Fixea6-price cbntracta Fixed -price contracts shall
of the city, provided that the term of the
contract and conditions for renewal or
ordinarily be used for those purchases of goods
and services or sales and leases where the
extension, if any, are included in the in-
`� _ terms, conditions, specifications and other fac-
vitation for bids or request for proposals,
sad Provided that funds are available for
tors of the contract can be specified with a
( high degree of certainty and where use of a
high
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
C�d4_.6
A-10
-1
i
I
Subpt. A
t
CHARTER
other evidence of city indebtedness shall be
} imposed on the bonds of the city.
(b) Streets, parks, bridges, sewers, grade cross-
ings, speed of vehicles; services and rates of
motor vehicle carriers: To pave, grade, curb,
repave, macadamize, remacadamize, lay out,
open, close, vacate, discontinue, widen, and
otherwise improve streets, alleys, avenues,
boulevards, lanes, sidewalks, parks, prom-
enades, and other public highways or any
part thereof, and to hold liens thgrefor as
hereinafter provided; to construct and main-
tain bridges, viaducts, subways, tunnels,
sewers, and drains, and regulate the use of
all such highways, parks, public grounds,
and works; to prevent the obstruction of
such sidewalks, streets, and highways; to
abolish and prevent grade crossings over
the same by railroads; to regulate the op-
eration and speed of all vehicles using the
streets, highways, and railroads within the
city; to regulate the service rendered and
rates charged by busses, motor cars, cabs,
and other vehicles for the carrying of pas-
,- sengers and by vehicles for the transfer of
baggage.
(c) Special or local assessments To impose spe-
cial or local assessments for local improve-
ments as hereinafter provided and to en-
force payment thereof.
(d) Contracting debts and borrowing money:
Subject to the provisions of the Constitu-
tion of Florida and of this charter, to con-
tract debts, borrow money, and make and
issue evidences of indebtedness.
(e) Expenditures: To expend the money of the
city for all lawful purposes.
(f) Acquisition and disposition of property and
services.
xr (i) To acquire by purchase, gift, devise,
condemnation or otherwise, real or per-
sonal property or any estate or inter-
est therein, inside or outside the city,
for any of the purposes of the city; and
to improve, sell, lease, mortgage, pledge,
or otherwise dispose of such property
or any part thereof.
Supp. No. 27
i
§3
(ii) To acquire or dispose of services inside
or outside the city, by purchase, gift,
or otherwise for any purposes of the
city.
(iii) To lease to or contract with private
firms or persons for the commercial use
or management of any of the city's wa-
terfront property, but only in compli-
ance with the other requirements of
this charter and on condition that:
(A) the terms of the contract allow rea-
sonable public access to the water
and reasonable public use of the
property, and comply with other
charter waterfront setback and
view -corridor requirements; and
(B) the terms of the contract result in
a fair return to the city based on
two independent appraisals; and
(C) the use is authorized under the then
existing master plan of the city;
(D) the procurement methods prescribed
by ordinances are observed.
Any such lease or management agree-
ment or proposed extension or modifi-
cation of an existing such lease or man-
agement agreement which does not com-
ply with each of the above conditions
shall not be valid unless it has first
been approved by a majority of the vot-
ers of the city.
Nothing herein contained shall in any
manner affect or apply to any project
the financing of which has been pro-
vided by the authorization of bonds to
be issued by the city.
(g) Public'property and improvements: To make
and maintain, inside and outside the city,
public improvements of all kinds, includ-
ing municipal and other public buildingNIN
armories, markets, and all buildings and
structures necessary or appropriate for the
use of the city; to acquire by condemnation �a
or otherwise all lands, riparian and other
rights, and easements necessary for such
improvements; and to rent or lease from
any person any land or building within or
without the city or any part thereof for any
municipal purpose.
3
A-11 94- 46
u.�
t
i
1
g 3 CHARTER AND RELATED LAWS Subpt. A
I
I
to be contributed for maintenance of the
(ii) In order to preserve the city's natural
fund.
scenic beauty, to guarantee open spac•
1 (11) Airports and landing fields: To acquire by
es, and to protect the waterfront, any
thing in this charter or the ordinances
purchase, lease, condemnation, or otherwise,
of the city to the contrary notwithstand•
lands inside or outside the city limits for
ing, neither the city nor any of its agen•
use as landing fields or airports; to con-
cies shall issue building permits for
struct and equip thereon or on other prop-
any surface parking or enclosed struc•
erty of the city such improvements as may
tures located on Biscayne Bay or the
be necessary for that purpose; to operate
River from its mouth to the �1.W.
and maintain such facilities; to provide rules
5thMiami
Street Bridge,
and regulations governing their use and
(A)
(A) which are not set back at least 50
the use of other property or means of trans-
feet from the seawall (where the
poetation within or over the same; and to
depth of the lot is less than 00
enter into contracts or otherwise cooperate
feet, the setback shall least
with other government entities or other pub-
, and
lic or private agencies in all matters relat-
B) which do not have average side
ing to such facilities; otherwise to exercise
yards equal an 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.
maintenance; to levy taxes for any such
(iii) The above setback and side -yard re -
purpose; unless such facilities shall have
quirements may be modified by the city
been acquired by lease, to issue bonds to
commission after design and site -plan
pay the cost of such facilities; and to grant,
review and public hearing only if the
deed or dedicate lands, with or without con-
commission determines that the modi-
sideration, to other governmental entities
fications requested provide public bene-
- for use as landing fields or airports. (Laws
fits such as direct public access, public
of Fla. (1929), ch. 14234)
walkways, plaza dedications, covered
(mm) Building and zoning:
parking up to the floodplain level, or
W To provide by ordinance building, plan-
comparable benefits which promote a
better urban environment and public
ning, and zoning regulations and re-
advantages, or which preserve natural _
strictions governing the height, num•
features. Wherever setback, side -yard,
ber of stories, method of construction,
or site -plan review requirements of,zon-
type, and size of buildings and other
mg ordinances are greater than the
1 structures; the percentage and portion
of the lot or site that may be occupied;
foregoing requirements, such greater
the size of the font, rear, and side yards,
requirements shall govern.
(iv) These requirements shall not apply to
courts, and other open spaces; the lo-
docks and appurtenant structures, single.
cation, use of buildings, structures, and
family residences and appurtenant snruc-
land for trade, industry, residences,
-
apartment houses, and other purposes;
tures, and waterfront industrial uses
and the widening and future widening
along the Miami River and at the Port
���. Nothing herein contained shall
of streets in zoned street areas that the
is any manner affect or apply to: the
city may establish. Such regulations
City of Miami/University of Miami
may provide that a board of appeals or
James L. Knight International Center
the city commission may determine and
and hotel facility, including all improve-
vary the application of building, plan-
ments thereon, or to lands and projects
ning, or zoning ordinances in harmony
ning,
which the city commission has approved
with their general purpose and -intent.
pp. SuNo. 71
ly
. in 19 4 — 46
�a+
i
Subpt. A CHARTER
43
i
prior to September 18, 1979, by devel•
ing the existing waterworks system, to issue
opment order pursuant to chapter 380
promissory notes and certificates of indebt-
of Florida Statutes of a planned area
edness, and to secure same by an assign-
development pursuant to article XXI•
ment of all net rentals and net revenues,
1. City of Miami Comprehensive Zon- ;
after the payment of all operating expenses
ing Ordinance or which have received
and fixed charges, including interest on the
1 site and development plan approval,
debt so created, and all debt created for the
including Plaza Venetia, Phase II, Reso-
construction of such work, derived from said
lution No. 72-113, April 20, 1972; Res-
waterworks system or any portion thereof,
olution No. 72.114, April 20,1972; and
until moneys so borrowed shall have been
Resolution No. 72.416, July 20, 1972.
fully paid; to mortgage the entire water-
- (nn) Borrowing to erect and add to public build-
works system or any portion thereof to make
ings: To borrow money for the erection, con-
necessary repairs; and to pledge the net
struction, and furnishing of public build•
revenue derived from said system, until said
ings, including hospitals, city office build-
money shall have been fully repaid. Not•withstanding the foregoing, no tax shall
ings, city halls, and other municipal struc
tures; to borrow money for the purpose of
ever be levied nor money taken or diverted
building additions to public buildings now
from the general funds of the city for the
owned by the city; to execute notes and
payment of the indebtedness authorized by
other evidences of indebtedness, and to se-
this section.
cure the same by a mortgage upon said (pp)
Borrowing to purchase, hire, maintain, op.
buildings and the land upon which the build•
ecatA or lease public utilities: To borrow
ings may be located; to pledge and hypoth-
money for the purpose of constructing, pur-
ecate the net revenue, after the payment of
chasing, hiring, maintaining, operating, or
all operating expenses and fixed charges,
leasing local public utilities, including street
including interest on the debt so created
railways, electric light lines, and equipment
and on all other debt created in the con-
necessary for supplying the city and its in-
struction of such building, as well as to
habitants with transportation, illumination,
a pledge and hypothecate the net revenue
power, water, ice, and gas for heating and
j derived from such buildings and the land
illuminating; to mortgage the public utili•
upon which they stand, all for the purpose
ties so constructed, purchased, hired, main•
of securing the repayment of money bor-
tained, operated; to issue promissory notes _
j rowed to be used in such construction; to
and certificates of indebtedness evidencing
i issue certificates of indebtedness secured
the existence of the indebtedness created
? by the net receipts from the use or rental of
by the borrowing of said money; to pledge
{ the buildings or additions to present exist-
and hypothecate the net revenue, after the
ing buildings erected or to be erected for
payment of all operating expenses and fixed
public purposes. Notwithstanding the fore-
charges, including interest on the debt so
going, no tax shall ever be levied nor money
created and all other debt created for the
taken or diverted from the general funds of
construction of such works, derived from
the city for the payment of the indebted-
the operation of such public utilities so n-
ness authorized by this section. (Laws of
structed or purchased, including said n
T- Fla. (1933), ch. 16561)
revenue derived from such street railway,
(oo) Borrowing to provide adequate waterworks
electric light plant, telephone and telegraph
system: To borrow money for the purpose of
system, and water, ice, and gas plants; to
providing an adequate waterworks system,
pledge such net revenue until the money so
:i including new water lines, and for the pur-
borrowed shall have been fully repaid. Not -
pose of repairing, improving, and extend-
withstanding the foregoing, no tax shall
Supp. Na 27
' A-13
O
U4_ 46
J-93-
11/30/93
RESOLUTION NO. 99 - 7
A RESOLUTION DECLARING THAT THE MOST
ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CERTAIN CITY -OWNED WATERFRONT
LAND IS BY A UNIFIED DEVELOPMENT PROJECT
("UDP"); AUTHORIZING THE CITY MANAGER TO
PREPARE A DRAFT REQUEST FOR PROPOSALS,("RFP")
FOR A UDP; SCHEDULING A PUBLIC HEARING FOR
DECEMBER 16, 1993 .AT 3:00 PM TO TAKE
TESTIMONY REGAPJZING SAID RFP FOR DEVELOPMENT
OF IMPROVEMENTS• TO THE MARINA WATERFRONT
PROPERTY AT VIRGINIA KEY KNOWN AS "VIRGINIA
KEY MARINA", SAID PROPERTY CONSISTING OF
APPROXIMATELY 4.3 ACRES OF UPLAND; AND AT THE
CONCLUSION OF THE PUBLIC HEARING, IF THE CITY
COMMISSION IS DISPOSED TO PROCEED, AUTHORIZE
THE ISSUANCE OF AN RFP, THE SELECTION OF A
CERTIFIED PUBLIC ACCOUNTING FIRM AND THE
APPOINTMENT OF MEMBERS TO A REVIEW COMMITTEE
TO EVALUATE PROPOSALS AND. REPORT THEREON TO
THE CITY MANAGER AS REQUIRED BY CITY CHARTER
SECTION 29-A(C), AND CITY CODE SECTION 18-
52.9.
WHEREAS, City of Miami Charter Section 29-A(c) and City of
Miami Code Section 18-52.9 allows for "Unified Development
Projects" 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, the City Commission has determined that for the
development of improvements to the marina waterfront property at
Virginia Key known as "Virginia Key Marina", it is most
advantageous for the City to procure from a private source of or
more of the following integrated packages:
A-14
94- 46
i
- Planning and design, construction and leasing; or
' - Planning and design, leasing and management; or.
- Planning and design, construction and management; or
Planning and design,., construction, leasing and
management; and
WHEREAS, the City Commission directed thg City Manager to
i initiate the process for a Unified Development Project for the
I
improvements to the marine waterfront property at Virginia Key
i
known as the "Virginia Key Marina"; and
WHEREAS, Section 29-A(c) of the City Charter requires that
the City Commission hold a public hearing to consider the
' contents of the RFP; and
WHEREAS, Section 29-A(c) further authorizes, at the
conclusion of the public hearing, if the City Commission is
i disposed to proceed, issuance of a RFP, selection of a certified
Public accounting firm, and appointment of members to a review
j committee from persons recommended by the City Manager;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference,
thereto and incorporated herein as if fully set forth in this
Section.
1
A-15 94- 46
2
Section 2. It is most advantageous for the development of
improvements to the marina waterfront property at Virginia Key
known as the "Virginia Key Marina" that the City procure from a
private source the following integrated package:
- Planning and design, construction, leasing and
management.
Section 3. The City Manager, as authorized herein, shall
prepare a draft Request ft.)r Proposals for a Unified Development
Project for the development of the improvements as set forth in
Section 2 hereinabove.
Section 4. A public hearing to consider a Unified
Development Request for Proposals for the development of
improvements to the marina waterfront property at Virginia Key
known as the "Virginia Key Marina", Miami, Florida, .is hereby
scheduled for December 16, 1993 at 3:00 PM.
Section 5. As required by the City Charter and Code, the
City Commission shall, at the conclusion of the public hearing,
if disposed to proceed, authorize the issuance of a Request for
Proposals, select a certified public accounting firm and appoint
members of a review committee to evaluate proposals and render a
written report to the City Manager.
Section 6. This Resolution shall become effecti e
immediately upon its adoption.
A-16 04- 46
3
PASSED AND ADOPTED this 23rd day of November, 1993.
STEPHEN P. CLARK
MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
LINDA KEARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
A-17
4
°4- 46
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
f
i
§ 18.58
FINANCE
ARTICLE IV.5. MINORITY AND WOMEN
BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM'
Sec. 18.67. Short title.
§ 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-
tant 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.
This article shall be known and may be cited as Goods and services include, without limitation,
public works, improvements, facilities, professional
"The Minority and Women Business Affairs and services, commodities, supplies, materials and
Procurement Program Ordinance of the City of equipment.
Miami." (Ord. No. 10062, § 1, 12-19-85)
Sec. 19-68. 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
he 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, § § 1-8, 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, §§ 18-67-18-74.
City code cross reference —Lease 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
Joint venture shall mean an association of per-
sons or legal entities with the intent to engage in
and carry out a single business enterprise for
profit.
Minority and women -owned small business en-
terprise means a business enterprise in which at
least fifty-one (51) percent of said enterprise is
owned by Blacks, Hispanics or women whose man-
agement and daily business operations are con-
trolled by one (1) or more Blacks, Hispanics or
women and who employ a maximum of twenty-
five (26) 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 N11
purchase, field or blanket order or contract. (Ord.
No. 10062, § 2, 12-19-85; Ord. No. 10538, § 1,
1-12-89)
1217
1"9
Sec. 18-69. Established; components.
MIAMI CODE
(a) A minority and women business affairs and
procurement program for the city is hereby estab-
lished. The city manager's office shall be held
accountable for the full and forceful implementa-
tion of the minority and women business affairs
and procurement program by providing appropri-
ate recommendations for action by the city com-
mission.
(b) For the purpose of assisting the city man-
ager in the implementation of said program, a
minority and women business affairs and procure-
ment committee is hereby established, consisting
of an appropriate number. of members, to be ap-
pointed by the city manager, with full represen-
tation of Hispanics, Blacks and women to be re-
sponsible for monitoring the implementation of
the program and making recommendations for
achieving the requirements of this article. The
committee shall be responsible for generating yearly
progress reports to the city commission and the
community at large.
(c) The city manager shall, utilizing existing
resources, create an office of minority and women
business affairs and procurement; and shall pro-
vide the appropriate staff and resources necessary
for the performance of all such administrative
duties; authorize and implement the administra-
tive guidelines and procedures required; and en-
sure compliance with the functions required to
promote the achievement of the program's goals
and objectives of increasing the volume of city
procurement and contracts with Black, Hispanic
and women -owned businesses. (Ord. No. 10062, §
3, 12-19-85),.
Cross reference —Department of general services adminis-
tration to contain office of minority and women business af-
fairs and procurement, § 2.263.
Sec. 18.70. Duration of program.
The minority and women business affairs and
procurement program established herein shall be
in effect only until such time as the effects of
prior unwarranted discrimination against Blacks,
Hispanics and women have been compensated for,
at which time the goals and set -asides provided
for herein shall no longer be observed. Such need
shall be reviewed every two (2) years by the city
Supp. No. 32
§ 18.73
commission, upon the recommendation of the city
manager. (Ord. No. 10062, § 7, 12.19.85)
Sec. I8.71. Applicability.
Except where federal or state law or regula-
tions mandate to the contrary, the provisions of
this article will be applicable to all city pre -bid,
bid, contract or other agreements negotiated by
the city. (Ord. No. 10062, § 6, 12-19-85)
Sec. 18-72. Objectives; use of set -asides.
(a) The objective of the city is to achieve.a goal
of awarding a minimum of fifty-one (51) percent
of the total annual dollar volume of all procure-
ment expenditures to Blacks, Hispanics and women -
owned small business enterprises to be apportioned
as follows: seventeen (17) percent to Blacks, sev.
enteen (17) percent to Hispanics and seventeen
(17) percent to women; such goal shall be applied
to all city bids and contracts.
(b) To further the goal of increasing the total
annual volume of all procurement expenditures
to minority and women -owned business enterprises,
authority for a minority and women -owned business
enterprise procurement set aside is hereby estab-
lished for use by the city manager as he or she may
deem advisable or necessary to increase the parti.
cipation of Black, Hispanic and women -owned busi-
nesses in city procurement contracts. (Ord. No.
10062, § " 12.19M; Ord. No. 10538, § 2,1-12-89)
Sec. 18-73. Required statements for solicita-
tions or notices; required state-
ments on contracts and awards.
(A) It shall be mandatory for all city solicita-
tions or notices inviting bids, proposals, quotes,
letters of interest and/or qualifications, to contain
the approved requirements for M/WBE participa-
tion and to have these requirements incorporated
by reference, along with the inclusion of the ap-
propriate compliance forms, into the resulting con-
tracts and/or bid award documents. The city office
of minority/women business affairs is to be con-
sulted prior to the issuance of any such adver-
tisements or solicitations for the purpose of de•
termining the recommended goals or set -asides to
be included, and again prior to the signing of
1218
I-2
94- 46
1
18.73 FINANCE § 18.74
_ resulting contracts/bid awards for the purpose of
parties to the bid or proposal shall also be
verifying compliance thereto.
required to submit such plans. The objective
(B) It shall be mandatory for all city contracts
of the city is to require that bidders, propos.
and/or procurement award documents to contain
ers, and vendors doing business with the city
the following:
take certain actions designed to assure equi-
table participation of Blacks, Hispanics and
(1) A specific reference to the applicability of the
women in their hiring and promotion activi.
minority and women business affairs and pro-
ties. In view of this objective:
curement program established by this article.
(a) All city vendors and contractors shall im.
(2) A provision stating the right of the city to
plement speck affirmative action plans
terminate and cancel any contract or,contrac-
as approved by the director of the office
tual agreement entered into, including elim-
M/WBE affairs and shall demonstrate a
ination of the individual and/or business en-
good faith effort to ensure equal employ-
terprise from consideration and participation
ment opportunities for Blacks, Hispanics
in future city contracts, on the basis of hav-
and women on each purchase or contract.
ing submitted deliberate and willful, false or
Vendors and contractors shall document
misleading information as to his, her or its
these efforts fully and shall provide re -
status as a Black, Hispanic and/or women-
ports as may be required by the city.
owned business enterprise and/or the quan-
(b) Vendors and contractors shall permit ac.
tity and/or type of minority and women -owned
cess to their books, records and accounts
business participation.
by the office of MfWBE affairs or her
(3) A requirement that each successful bidder or
designee for the purpose of investigation
offeror agree to provide a sworn statement of
to ascertain compliance with the forego-
,. compliance with the provisions of this article
ing requirements.
and its specific applicability to the purchase
(c) In the event of vendors' or contractors'
or contract award under consideration; such
noncompliance with the affirmative ac-
statement shall certify that the bidder or of-
tion requirements of this. section, the city
feror, during the course of time involved in
manager may suspend in whole or part,
the performance of the contract sought by
cancel or terminate the bid or contract
such bidder or offeror, shall not discriminate
award and/or impose other sanctions as
against any business, employee or applicant
may be determined to be appropriate.
for employment because of age, ethnicity, race,
creed, color, religion, sex, national origin, handi-
(6) A provision specifying the requirements-Sor
` cap or marital status.
continued bidder or offeror eligibility includ-
ing minority and female involvement. (Ord.
(4) A statement of the extent to which the busi-
No. 10062, § 4B, 12-19-85; Ord. No. 10538, §
ness enterprise has as one (1) or more of its
3, 1-12-89)
partners or principals persons who are Black,
Cross reference —Affirmative action division, § 2.236.1.
Hispanic or women, or is a joint venture com-
prised of a nonminority and minority busi-
ness and/or women -owned enterprise.
Sec. 18-74. Good -faith effort required.
(5) A requirement that each bidder, proposer, or
Bidders or offerors shall be required to demon -
vendor submit along with the bid or proposal
strate a reasonable and good faith effort to solicit
an affirmative action plan MAP). Any signif-
and obtain the participation of qualified minority
icant equity participants, joint venture par-
and women -owned businesses in all bid and p�a`
ticipants, subcontractors, suppliers or other
posal documents. (Ord. No. 10062, § 5, 12-19-85)
i
- i Supp. No. 32
1219 9 4 — 46
r
�w+y
i
�'18.75
MIAMI CODE
Sec. 18.75. Contractor's certificate of compe-
tency.
(a) For the purpose of this section, the follow-
ing terms, phrases, words, and their derivations
shall have the following meanings:
(1) Business enterprise means any corporation,
partnership, individual, sole proprietorship,
joint stock company, joint venture, professional
association or any other legal entity.
(2) Construction contract means agreements, for
the erection, alteration, demolition, or repair
1 of any public building or any other kind of
public work or improvement.
(3) Minority and u ontten-owned business enterprise
means a business enterprise in which at least
fifty-one .(51) percent of said enterprise is owned
by Blacks, Hispanics or women whose man-
agement and daily business operations are
controlled by one (1) or more Blacks, Hispan.
ics or women.
(b) The owners of minority or women business
enterprises submitting bids for construction con-
tracts to be let by the city must be certified in the
field for which the contract is to be let pursuant
to chapter 489, Florida Statutes or Chapter 10,
Code of Metropolitan Dade County in order to
qualify for the minority or women preference on
such contract. (Ord. No. 10332, § § 1, 2, 10-22-87)
Editor's note —Sections 1 and 2 of nonamendatory Ord. No.
10332, adopted Oct. 22, 1987, have been codified as 1 18-75 at
the editor's discretion. Section 6 of the ordinance provides an
effective date of January 1, 1989.
Sec. 18-76. Administrative procedures.
The departments of finance, public works and
general services administration are authorized to
establish the required administrative procedures
to insure compliance with the provisions as set
forth herein.
The finance department is mandated to insti-
tute payment procedures which will insure, in
those instances in which the M/WBE bid or con-
tract requirements result in contracts, subcontracts
or joint ventures for M/WBEs, that compensation
provided pursuant thereto shall be in the form of
§ 18.78
a check made payable to the primary contractor,
bidder or proposer, and (if appropriated jointly) to
the minority/women business enterprise subcon.
tractor or joint venture partner in an amount not
to exceed the subcontracted or joint venture amount,
based upon approved invoices submitted by the
prime contractor, proposer or joint venture, to the
city.
In the event a dispute should arise as to the
performance or payment of the primary contrac.
tor or bidder/proposer or the M/WBE, under the
terms and conditions of the city contract or pro-
curement award document, compensation shall
be withheld until such time as the dispute is re-
solved in accordance with the procedures set forth
in this chapter for resolving such disputes.
All administrative directors shall amend their
existing policies and procedures or to create such
new ones as may be required to insure and report
on compliance with all aspects of this article. (Ord.
No. 10538, § 4, 1-12-89)
Sec. 18-77. Designation of director as respon-
sible official for bid requirements,
guidelines, etc.
The director of the office of minority/women
business affairs is designated as the official re-
sponsible for establishing M/WBE bid and con-
tractlaward requirements, creating and implement-
ing compliance guidelines, monitoring compliance,
resolving disputes, and reporting on all of the
above to the city manager. (Ord. No. 10538, § 5,
1-12-89)
Supp. No. 32
1220
ri
&4
APPENDIX C
Virginia Key Master Plan
(selected excerpts)
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V I R G I N I A K E Y
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M
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M I
P L A N
P L A N N. I N G D E P A R T M E. N T
SYSTEMS, INC. - SOUTHEAST
6954 N.W. 12 STREET MIAMI, FLORIDA 33126
(305) 477-9149 FAX(305) 477-7526 (800) 287-4799
a photocopy 0
in poor
condition
FC 017
IN,
Marine Stadium - an irreplaceable sports facility.
33
MARINE RECREATION
The unique dimensions of Virginia
Key that distinguish it from other
public lands and recreation space in the
region are its extraordinary natural
environment, its bay setting and
unparalleled access by water for marine
recreation programs. The following land
use policies reflect the goal of
optimizing the island's marine
recreational opportunities:
1) MARINE STADIUM AND BASIN
The future of powerboat racing in
Miami is uncertain, but has enjoyed
some renewed interest with the recent
surge in recreational motorboat
sales. Given this uncertainty, there
has been consideration of
transforming all or a part of the
basin into a marina and mooring basin
for sailboats. Projected demand for
boat slips (1986 Biscayne Bay Aquatic
Preserve Management Plan) shows need
for an additional 1000 wet and dry
slips (beyond those now planned) by
the year 2000. South Biscayne Bay is
a desired location for new slips
making Virginia Key an attractive
location. It is, however,
recommended that the basin be kept
open (not converted to a marina or
mooring basin) and available for
marine competitive boating events and
water shows. The recent three year
decline.' in sailboat sales and
contrasting rise in South FloriGa
Power boat ownership raises further
questions as to the viability or need
for major new sailboat mooring areas.
Additional concerns about a
conversion of the basin to a marina
involve water quality and the present
inability of tides and currents to
adequately flush the Stadium racing
basin, an important factor in marina
design. Hurricane hazards further
reduce the attractiveness of the key
for expanded wet or dry boat storage.
Alternatives exist in Biscayne Bay,
most notably Watson Island, the Miami
River, and Dinner Key, for new and
expanded wet and ,dry slip storage,
but no such alterll'ative exists for
marine racing events and water shows.
To maintain the economic
viability of the stadium, the stage
(barge) should be expanded and
permanently moored in front of
stadium (to reduce major costs in
moving it). Programmed improvements
to the stadium sdating area and
support facilities must be expedited.
If market analysis supports it,
expanded bleacher seating should be
provided at the sides of the stadium
(on land or floating wings) to
attract events in the +10,000 seat
range that are now lost to other
facilities in the area. Parking, a
critical need for major events,
should be expanded through Joint -use
agreements with the Seaquarium and
Planet Ocean, which would yield a
potential 3000 total spaces. T
better complement with amphitheaters
to be built at Metrozoo and Bayfront
Park, and in recognition of the
proposed facility next door at the
IN
r
r
TJ
7M
i
Seaquarium, it is recommended that a
private management/promotion service
be contracted to operate the stadium.
Stadium management should join with
the Seaquarium to better schedule
events and gain advantage of natural
promotion opportunities to package
Stadium events and visits to the
Seaquarium and Planet Ocean. This
would further reinforce the proposal
for shared parking between the three
facilities. A logical extension of
the joint promotion/shared parking
arrangement would be the physical
linkage of the three facilities (4000
feet from Marine Stadium to the
Seaquarium) with an overhead tramway
or people mover (see Proposed Land
Use graphic). Major event parking
+20,000 attendance at races) or
same -day events on the island will
require remote spillover parking that
could be accomodated on the former
dump site (see preceding discussion
of Uncontrolled Land Fill Site.)
To enhance spectator viewing for
major racing events, it is
recommended that shoreline viewing
areas southeast of the stadium and
along the opposite northern shoreline
be improved through increased
landscaping, removal of exotic plants
(Brazilian Pepper, Casuarina) and
regular maintainance and trash
removal. The access road that now
follows the perimeter of the basin
from the stadium to the northwesterly
basin terminus should be relocated to
connect with the "treatment plant
access road" (see Land 'Use Plan
graphic), and rebuilt north of that
A tramway linkage of Marine Stadium, Planet Ocean
and the Sesquarlum is needed.
The northern shore or the basin Is needed for spectator viewing.
1A
point. This would remove the roads
shoreline conflict with the Rowing
Club and Planet Ocean, and allow for
buses and trams to bring spectators
to the basin's opposite shore for
major events.
2) COMMERCIAL MARINE SERVICES
Marine Stadium area provides for a
variety of commercial services that
enhance the public's access to and
use of the waterfront. The
accompanying graphic, Marine Stadium
DevelopmentConcept. provides
schematic recommendations for the
future use and organization of this
vital area. These include:
A) Reorganization of the boat
storage area to:
a) condense this area by
converting the surface
storage of boats (Marine
Stadium Enterprises) to more
efficient rack storage.
b) utilize the easterly portion
of area now in surface boat
storage (adjacent to stadium
entrance drive) for parking
to serve Marine Stadium and
relocated food service (see
below).
c) relocate present restaurant
from the center of the
parking lot to the indented
shoreline west of Marine
Stadium (leasehold expan-
sion). Add floating docks
(that could be moved for
racing events) for the
relocated restaurant. Added
parking adjacent to the
stadium will serve the
restaurant.
d) move boat ramp to westerly
edge of indented area.
e) provide direct vehicular
access from the stadium
entrance area to the
relocated boat ramp and
Rusty Pelican/Horatios
restaurants.
f) move the Horatio's/Rusty
Pelican entrance drive
easterly twenty five feet to
allow for landscaping and
reduced pedestrian conflicts
in front of Horatio's.
A mote efficient OfSAM2811041 of the marine service area is needCA'
= 35
g) prov.ide landscaping of basin
shoreline along entrance
drive and parking lot for
the Rusty Pelican
restaurant.
h) limit additional restaurant
facilities from the area
that would utilize boat
service parking or restrict
the space or functioning of
boat storage, maintenance,
and service activities.
Restaurants should locate next to watera'edsa —
not causeway.
B) Expansion of food service
facilities along the basin
shoreline easterly of the
stadium toward the Miami Rowing
Club. Within the stadium area
there is demand for a greater
variety of food services,
particularly lower cost fare.
Such facilities should not be
located along the RickenTacker
Causeway frontage. The
aforementioned principles of use
and treatment argue against
"strip, highway commercial" as
inconsistant with the islands
public park character. The
temptation to "take advantage"
of considerable traffic and a
roadside exposure on the
causeway would not enhance the
public's "access to and use of
the waterfront", a basic
rationale for service commercial
uses. The appropriate location
would be to set them back fifty
feet from the basin edge with a
public landscaped walk and
viewing lawn along the water,
connecting a sequence of food
services to the stadium.
Spacimg of structures would have
to allow for required views
through to the water (County
Shoreline Ordinance). Parking
during non-event times would be
plentiful with direct pedestrian
access to the commercial uses
from the parking lot, and during
marine racing events the food
service areas can become an
extension of event seating and
concessions.
36
APPENDIX D
METRO DADE COUNTY
RESOLUTION Z-173-79
qnsil m1q,
17-54-42/78-536
RESOLUTION NO. Z-173-79
The following resolution was offered by Commissioner Harvey
Ruvin, seconded
�{
by Commissioner Ruth Shack,
iii
and
upon poll of members present, the
vote was as
follows:
Neal Adams
absent
Harvey Ruvin
aye
Clara Oesterle
aye
Barry D. Schreiber
nay
William G. Oliver
nay
Ruth Shack
aye
Beverly B. Phillips
aye
Stephen P. Clark
aye
James F. Redford, Jr.
nay
I
WHEREAS, the City
of Miami
had applied for the following:
REQUEST: (1) UNUSUAL USE to permit the maintenance and continued use of the
Marine Stadium.
(2) UNUSUAL USE to permit a recreational facility; to wit: a velodrome.
i (3) SPECIAL EXCEPTION to permit night lighting for the abovementioned
velodrome.
✓ (4) NUN -USE VARIANCE OF ZONING REGULATIONS requiring accessory uses to be
a behind the principal building; to waive same to permit the proposed
velodrome in front of the principal building (stadium).
(5) NUN -USE VARIANCE OF ZONING REGULATIONS as applied to off-street parking
requirements to permit1,072 parking spaces (2,953 spaces required).
(6) NON-USE VARIANCE OF ZONING REGULATIONS requiring no parking withing 25'
of an official right-of-way; to waive same to permit 72 parking spaces
within 25' of the official right-of-way of the Rickenbacker Causeway.
(7) UNUSUAL USE to permit the outdoor storage of rowing hulls for a rowing '
club on the northeasterly portion of subject property.
-! (8) UNUSUAL USE to permit the maintenance and continued use of a marina and
marina support facilities including:
a) outdoor boat racks
b) outdoor boat and boat trailer storage
c) boat hoist
d) boat ramp
e) fueling services
f) general repairs and servicing of boats
g) concession restaurant with outdoor patio area
h) sale of marine hardware and supplies
i) launching services of all kinds
j) sale of new and used boats and motors
k) rentals of motorized and sail craft, including jet skis
1) sale of nautical gifts and sundries
I
m) other related services
(9) NON-USE VARIANCE OF ZONING REGULATIONS requiring all off-street parking
areas to be hard surfaced or paved; to waive same to permit a parking
area on the northwesterly portion of subject property to be on natural
terrain.
Plans indicating the Marine Stadium, Marina and proposed velodrome are on file
and may be examined in the Zoning Department entitled: "Marine Stadium Site
Plan - Showing Proposed 'Velodrome'" prepared by applicant and dated May,
1979; "Velodrome Plan• prepared by applicant and dated May, 1979; "Marine
Stadium Parking Lot Lighting - 1973" prepared by Department of Public Works,
JCity of.Miami and dated 3-2-73.
I Z-17,:5 -79
004- 46
TJ SUBJECT PROPERTY: Commenc ``at the SE corner of Section 17, To, '\ip 54
South, Range 42 East; thet—e along the south line of said Set —on 17
N89'56149.5'W 1,709.52' to its intersection with the SE/ly prolongation of the
corporate boundary between the City of Miami and Dade County which is parallel
with and 660' NE/ly of the center line of Rickenbacker Causeway; thence along
said corporate boundary N45'22'07"W 1,954.40' to the Point of beginning of the
hereinafter described parcel; thence N45'22107"W 1351; thence S44'37'53"W
i 200'; thence run N45022'07"W 200'; thence run N44'37153"E 200'; thence run
N45022107"W 2,728.121; thence run SO'04156"E 647.31' to a point being on the
NE/ly right-of-way line of the Rickenbacker Causeway which is parallel with
and 200' NE/ly of the center line of the Rickenbacker Causeway; thence along
said right-vf-way S45'22'07"E 2,607.68'; thence N45'22107"E 4601; to the Point
of beginning.
LOCATION. 3601 Rickenbacker Causeway, Dade County, Florida, and
i
WHEREAS, a public hearing of the Board of County Commissioners, Dade County,
Florida, was advertised and held, as required by law, and all interested parties
i
concerned in the matter were heard, and upon due and proper consideration having
been given to the matter and to the recommendation of the Developmental Impact
j Committee, it is the opinion of this Board that the requested application on a
modified basis would be compatible with the area and its development and would
conform with the requirements and intent of the Zoning Procedure Ordinance and
would *be in harmony with the general purpose and intent of the regulations;
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners, Dade
County, Florida, that the requested unusual use to permit the velodrome and the
special exception to permit night lighting for the velodrome and the requested
non-use variance of zoning regulations to permit the velodrome in front of the
principal building be and the same are hereby denied with prejudice;
BE IT FURTHER RESOLVED that the balance of the application (Items 1, 5, 6,
7, 8 and 9) be and the same are hereby approved.
1
The Zoning Director is hereby directed to make the necessary changes and
notations upon the maps and records of the Dade County Building and Zoning
Department.
PASSED AND ADOPTED this 5th day of July, 1979.
Heard July, 1979 DADE COUNTY, FLORIDA, BY ITS
No. 79-7-CC-1 BOARD OF COUNTY CO"ISSIONERS
vp Richard P. Brinker, Clerk
Typed 9/1/79
By RHYMOND REED
Deputy Clerk
This resolution transmitted to the Clerk of the Board of County Commissioners on
the I1.0 day of September 1979.
f
am
M
I
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
1', RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dade County,
Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County,
DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
Resolution No. Z-1T3-T9 , adopted by the said Board of County Commis-
sioners at its meeting held on July 5 19 79
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this 12th day of September A. D. 19 .
RICHARD P. BRINKER, Ex-Officio Clerk
Board of County Commissioners
Dade County, Florida
By P "4& 08 F.�P�)
Deputy Clerk
JAVy/SRO
SEAL o .
I COUNTY uAi
Board of County Commissioners
Dade County, Florida
EXHIBIT I -
SKETCH OF SURVEY
94- 46
` l0[A f10N YA/
y LEGAL DESMI10H
MONA AEY YARNk 1011 LEASE AREA
MKNa At A[ SCAIMASI CORNEA or ACT" it. lomsi1P 51 SPAN•
BOUNDARY SURVEY —`:_ _ SANG 17 [ASI; OAa WIW11Y, f10MA; MKHa AEl 10 nK SgAM L,[ a
'—'--•= — - SASE f7, NAt SEATS;A rOr'M=C:? t C IO If5
•' •' •' '�_..- MRR2:0Ot MM At QYTEAIM a 'RICM:IOAG:CA C:USE'AAl•, AS
OIDYI 01 'MK L[TROPOUTAN OAa CON IY ek"C D LMl' ACCw0K 10
MK PIAI NtNta AS IKCOIDm N PLAT 80% 11. At PACE 1, Slat NO
VIRGINIA KEY MARINA 1993 LEASE AREA I I 131
CR 200.00 110L AC SRROO ml to lit Tl�a OF .MSAID
[ AKXENIACXU( CJLS Vkf; AM MONO SAID NOII Cra RAY (SENT
+� �Y^ r(AIOI NG DESOM ,PRAM a LAND, noNGt CO" MU ALOIC SAID
R101I a WAY UK IL 1171'/7' W. to 11000 FEET; 110CE N.
SI i 9� / - ^ 11'11'!7' L ro t1T.00 rEEI t0 1t% 11101SECININ WI A, A LK
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rm—
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Is
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mom DEPARANEIIt UCX Ofr PPUBI�X VMSNS A1101 a a0 1tA5Cs AN0 ytttOl
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C(RIr1CATE No. 1111
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EXHIBIT II.
DECLARATION
PROFESSIONAL INFORMATION
FINANCIAL DISCLOSURE FORMS
a
1
EXHIBIT II
DECLARATION, FINANCIAL DISCLOSURE, AND
-� PROFESSIONAL INFORMATION FORMS
' (CONTENTS)
Financial Disclosure and
Professional Information Requirements
Declaration
Organizational Structure
Proposer's Questionnaire
jPartnership Statement
Corporation Statement
Financial Data of Proposer
Experience Statement of Proposer
References of Proposer
Proposer's Architect/Landscape Architect/Engineer's Questionnaire
i
Experience Statement of Proposer's
Architect/Landscape Architect/Engineer
Background Data of Proposer's
Architect/Landscape Architect/Engineer
References of Proposer's Architect/Landscape Architect/Engineer
Xs
Architect/Landscape Architect/Engineer's Subconsultants'
Questionnaire
I Experience Statement of Architect/Landscape Architect/Engine
Subconsultants
Background Data of Architect/Landscape Architect/Engineer's
` Subconsultants
References of Architect/Landscape Architects/Engineer's
Subconsultants
1 94- 46
S
h�
x� 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
' I 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
i
94- 46
FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION REQUIREMENTS
i
j 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 301,
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.
fi
I
�M
9 4 - 46
w DECLARATION
Cesar H. Odio
� City Manager
City of Miami, Florida Submitted , 1994
:.l 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
j without connection nor arrangement with any other person and that
j this proposal is in every respect fair, in good faith, and
without collusion or fraud.
{ The proposer further declares that he has complied in every
respect with all of the instructions to proposers, that he has
read all addenda, if any, and that he has satisfied himself fully
with regard to all matters and conditions with respect to the
lease to which the proposal pertains.
a 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
f documents issued December 23, 1993 entitled Request for Proposals
- ; for the Unified Development of the Virginia Key Boatyard
Property, 3501 Rickenbacker Causeway, Miami, Florida and addenda,
if any.
i
1
1 Name of Firm, Individual, or
Corporation
i
j Signature
Title
i
Signature
Title
om
M
Y
EXPERIENCE STATEMENT OF PROPOSER
Describe in detail the duration and ex
tent of your business
experience in development of boat yard facilities, marina
facilities and other commercial development. Also state in
4 detail the names and pertinent experience of the persons who will
be directly involved in development and management of the
facilities. List the names and locations of currently owned or
' managed facilities and your percentage ownership, and any such
facilities which you currently manage.
In addition, please also provide photographs or other
illustrative material depicting projects that will demonstrate
your ability to complete a quality development. The name and
address should be given for each project identified as well as
q persons familiar with the development who will respond to
inquiries from •the City. You should also identify your specific
role in each project.
9
y
I • Y,�
f 94- 46
zz-a
REFERENCES OF PROPOSE
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. I
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of purchase, sale, loan, business
association, etc.:
94- 46
Reference N
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.:
94- 46
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
Describe in detail the duration and extent of your experience
with special emphasis upon experience related to the proposed
uses. Also, state in detail the names and pertinent experience
of the principals who will be directly involved in the project.
In addition, please also include photographs or other
illustrative material depicting projects that will demonstrate
your qualifications for the project identified as well as for
persons familiar with the development who could respond to
inquiries from the City. You should also identify your specific
role in each project.
9 i w
BACKGROUND DATA OF PROPOSER' S ARCH ITECT.ILANDSCAPE 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.
i
Bankruptcy Information
Have you ever declared bankruptcy? Yes ( ) No ( )
Have you ever been declared bankrupt? Yes ( ) No ( )
' If yes to either of the preceding questions, state date, court
jurisdiction, amount of liabilities and amount of assets.
i
i
Pending Litigation
} Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
.i
REFERENCES OF PROPOSER'S AR NTTFrT r.AMnSCAv�
„L AR HTTFrT/=TNFEb
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:
94- 46
II-14
ARCHITECTILANDSCAPE ARCHITECTIENGINEER'S
SUBCONSULTANTS' QUESTIONNAIRE
For each subconsultant or subconsulting firm, please
provide
;.�
the following information.
Name:
i
Address:
Telephone:
Discipline:
Name of principals and their titles who will be
chiefly
I
responsible for the project:
i
Name Title
I
Name Title
i
I,
l
r ;
1
1
i
�4_
46
jI-15
1
EXPERIENCE STATEMENT OF ARCHITECT/LANDSCArPE ARCHITECT/ENGINEER S
SUBCONSULTANTS
Describe in detail the duration and extent of your experience
with special emphasis upon experience related to development of
boat yards and marina facilities. Also, state in detail the
names and pertinent experience of the principals who will be
'1 directly involved in the project.
I
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.
i
i
{
1 _
i
y
a
,1
94- 46
II-16
�'J
ARCHITECT./LANDSCAPE CHITECTIENCTNEER'S SUBCONSULTANTS
Surety Information
1 Has any surety or bonding company ever been required to perform
=? upon your default? Yes ( ) No ( )
I•
i
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
i
Bankruptcy Information
l
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
i
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
f
i
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address: '
Telephone:
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone:
Nature and magnitude of business association:
II-18
ORGANIZATIONAL STRUCTURE
In graphic form, provide the organizational structure of the
development team indicating the proposer, the proposer's
architect/landscape architect/engineer, the architect/engineer's
subconsultants, general contractor or construction manager,
operations and management consultants/subconsultants and any
additional consultants/subconsultants by name of firm or
individual, and areas of responsibility.
94- 46
TT_Z
PROEQSER'S QUESTIONNAIRE
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)
94- 46
TT-4
PARTNERSHIP STATEMENT
If proposer is a partnership, answer the following:
1. Date of organization
2. General Partnership ( )
Limited Partnership ( )
3. Statement of Partnership recorded Yes ( ) No ( )
Date Book Page County State
4. Has the partnership done business in the State of Florida?
Yes ( ) No ( ) When?
Where?
5. Name, address, and partnership share of each general and
limited partner. (If partnership is a corporation, complete
the following page for corporation.)
General/
Limited Name Address Share
6. Attach a complete copy of the Partnership Agreement. w
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?
j
Yes ( ) No ( )
}
} 4.
The corporation is held: Publicly ( ) Privately ( )
I 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:
i
(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
Y audited financial statement(s) as required on the page for
the individual or corporate guarantor.
1 94- 46
t^_,y
A_�vc AL
FIN � T DATA OF PROPOSER
Audited 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 audited 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.
Bankruntcv Information
I
-I 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.
,1.
i
p
i
i
a
i
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
proposal.
94- 46
E!J1 a • DI ZI&RODI_UDI :A •► 1- •: •: •► COW". : • •►►�_:
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:
II-19 9 4 46
MERIENCE 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 development of
boat yards and marina 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.
94- 46
TT_7(1
urety Information
Has any surety or bonding company ever been required to perform
upon your default? Yes ( ) -,No ( )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the circumstances surrounding said
default and performance.
Bankruotcv 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.
94- 46
II-21
REFERENCES OF PROPOSER C;FNFRAT nNTRAOTQP OR CON4TRt1CTTnN
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: (,L
Nature and magnitude of business association:
TT-22
i
PROPOSER'S OPERATIONAL MANAGER'S QUESTIONNAIRE
I
Name:
Street
Address:
Mailing
j Address:
i
Telephone:
Name of principals and their titles who will be chiefly
responsible for the operations and overall management of the
project:
Name Title
Name Title
i
.wl
a
94- 46
�� II-23
EXPERIENCE STATEMENT OF
PROPOSER'S OPERATIONAL MANAGER
Describe in detail the duration and extent of your' experience
with special emphasis upon experience related to the boat yard
and marina facilities operantions and management. Also, state in
detail the names and pertinent experience of the principals who
will be directly involved in operating and managing the facility.
1
In addition, please also include photographs or other
illustrative material depicting projects that will demonstrate
t 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
1 role in each project.
i
i
1 .
i
i
}
1
-1
I
..1
1
i
I
4
f)f
i
i
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t
cc�
II-24 9 4 - 46
i
UhrVnDAT1Mn nRMA nr nnnnnonn l r+ wzaa' r. -
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.
Bankruotcv 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-25
94- 46
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:
eference No. 2
Name:
Firm:
Title:
Address:
Telephone: ( _
Nature and magnitude of business association:
1I_26 9 4 - 46
OPERATIONAL MANAGER'S
SUBCONSULTANTS' QUESTIONNAIRE
For each ssbconsultant or subconsulting firm, please provide
the following information.
Name:
Address:
Telephone: '
Name of principals and their titles who will be chiefly
responsible for the project:
Name
Name
II-27
Title
Title
94- 46
uretv Information
Has any surety or bonding company ever been required to perform
upon your default? Yes ( ) ,No ( )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the 6ircumstances surrounding said
default and performance.
Bankruotcv 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- 29
r
i
94- 46
REFERENCES OF
OPERATIONAL MANAGER'S SUBCONSULTANTS
{
List two persons or firms
for whom you have managed projects
during the past three years.
Reference No 1
Name:
�
e
Firm:
.�
i
Title:
xi
Address:
jTelephone:
Nature and magnitude of
business association:
i
Reference No. 2.
Name:
Firm:
Title:
l
Address:
y
Telephone:
I
Nature and magnitude of
business association:
94- 46
II-30
EXHIBIT III.
MINORITY PARTICIPATION FORMS
MINORITY PARTICIPATION DOCUMENTATION
NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(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):
MINORITY PROCUREMENT COMPLIANCE'':'
The undersigned proposer acknowledges that (s)he has received a
copy of Article IV. 5 Sections 18-67 - 18-77 of the City Code
_ (see Appendix,t,.)-,a.nd agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
I
Proposer:
Signature:
(company name)
Print name: Date: - -
t ,
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)
94- 46
}
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : A. DATE : FILE :
QUINN JONES, III March 9, 199
City Attorney
SUBJECT : Amendments to R 94A6
(RFP/UDP Virgi-nka Cray)
FROM : REFERENCES:
MATTY HIRAI `�
r1 C Un C_
City Clerk ENCLOSURES: `°
—r
In contacting your office in connection with the above -captioned
issue concerning floor modifications approved by the City
Commission at its meeting of January 27, 1994, Beverly informed
us that said approved floor modifications were all contained in
the RFP.
My only concern, Quinn, is that should the RFP ever be detached
from the pertinent Resolution, there would be no way of
ascertaining that we complied with the City Commission's
directive as to incorporation of the floor modifications into 'the
adopted instrument. In any event, this is just my feeling, but
if you still feel that by amending the RFP we have complied with
the City Commission's directive, kindly so stipulate by signing
in the space provided hereinbelow, and we will attach this
memorandum to the Resolution.
May I please also share with you that we are still missing: (1)
Resolution 94-22 (on Virginia Key Marina, Inc.), which was passed
and adopted at the meeting of January 13th; and (2) Resolution
94-96 (on the Virginia Key project) which was passed and adopted
at the meeting of February 17th.
We thank you for your continued courtesies and cooperation.
MH:vg
APPROVED:
A. Quin#' Jonos� III, City Attorney
;U
N
1=1
03
A
q14-1*6
IN
We should issue this RFP today, with the condition that if the City does not get three
ualified responses to the RFP the City Rill be ready to take over the boat yardand
operate it.
Advantages of this option: the private sector would be financing the
capital improvements to the property. The competition among proposers
mill produce a better facility and better amenities for the public.
Amendments that must be made if the RFP is approved:
a. The boat rack structures required must be covered racks. This will
allow the operator to charge more for the docking service. No open
racks should be allowed. (page 18 of the packet)
b. The minimum guarantee under the RFP should be , per year.
The RFP states that one of the appraisals we did on the property !
indicates a rent potential of $270,000 and our own calculations say
we could make $290,000 if we operate the facility ourselves.
i
Therefore, a RA_6,W only seems reasonable and fair: (page 18 of the
packet) $41OtGOO
C. The RFP must have a provision which would allow the City to reserve
the right to buy out the lease upon 60 days notice in the case that the
City would like to develop the property for another use along with the
Marine Stadium property. The cost of the buyout should be the cost of
improvements and the average annual profit amount up to that point in
the lease. (page 18 of the packet)
d. The percentage rent for the food operation should be increased from
7% to 9%. And the percentage on the retail operation should be
increased from 10% to 12%. (page 20 of the packet)
e. There should be a penalty to the successful proposer if they do not
94- 46
make the improvements to the property within 18 months as is
required in the RFP (page 30 of the packet).
E The Boat Ramp at the site should be included in the property that is
leased to the successful proposer, so that the proposer may be able to
move the restaurant site to the water, instead of in the parking lot
where it is currently.
136
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Nw�S"t' ajc. ?0 �.c.Q U a.c.VL yOUj C,ec L,
94- 46
I CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 1
TO Honorable Mayor and Members DATE : JAN 1 8 1994 FILE
of the City Commission
SUBJECT Resolution Authorizing
Issuance of RFP for
Virginia Key Marina
FROM : P_FERENCES : Property
Ces io for City Commission
Cit ager ENCLOSURES: Meeting of 1/27/9.4
It is respectfully recommended that the City Commission adopt the
attached Resolution, authorizing the issuance of a Request for
Proposals ("RFP") on February 4, 1994, in substantially the form
attached, for a Unified Development Project ("UDP") consisting of
the development of a boatyard facility, marina, and optional
ancillary marine -related uses on approximately 4.3 acres of City
owned, waterfront property located at 3501 Rickenbacker Cause-
way, Miami, Florida; selecting a certified public accounting firm
and appointing members to a review committee to evaluate pro-
posals and report findings -to the City Manager as required by the
City Charter and Code.
The Department of Development recommends that the City Commission
adopt the attached Resolution, authorizing the issuance of an
RFP, selecting a certified public accounting firm and appointing
members of a review committee.
On November 23, 1993, by Resolution 93-749, the City Commission
declared the development of approximately 4.3 acres City owned
waterfront property, located at 3501 Rickenbacker Causeway,
Miami, Florida, a unified development project.
Charter 29-A(C), requires that the City Commission hold a pub is
hearing to consider the contents of the RFP document. At the
conclusion of the public hearing, which was set for January 27,
1994, 4:00 p.m., the City Commission may authorize the issuance
of an RFP, select a certified public accounting firm, and appoint
members to a review committee from persons recommended by the
City Manager.
/' /
`4- 46
Honorable Mayor and Members
of the City Commission
Page: 2
The certified public accounting team, composed of Arthur Andersen
& Co. in association with the minority -owned firm of Watson &
Co., is recommended as the for this UDP project. Arthur Andersen
& Co. was ranked as number one out of a total of two submissions
of qualifications evaluated by the City.
The following individuals are recommended for the review commit-
tee:
Members of the Public:
- Kevin Cote, Metro -Dade, DERM
- Ward Grafton, Grafton Architects Inc.
- Ed Swacon, GMCC-Miami River Coordinating Committee
- Bill Herrington, Waterfront Board
Members of the City:
- Christina Cuervo, City Manager's Office
- Vivian Legido, Dinner Key Marina
- Erdal Donmez, Department of Development
It is recommended that the attached Resolution be adopted by the
City Commission, in its entirety, authorizing the RFP be issued
on February 4, 1994 for the unified development of the 3501
Rickenbacker Causeway property, in accordance with City Charter
and Code requirements.
Attachment
Proposed Resolution
Draft RFP
2
94- 46
L
To : Honorable Mayor & Members of the
City Commission
FROM :Cesar H. Odic,
City Manager
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : January 26, 1994
SUBJECT :
Virginia Key Boatyard
City Operation Option
REFERENCES:
ENCLOSURES: Itemized Financial Analysis
Attached for your review and consideration is a pro -forma analysis of a City operated boatyard on Virginia Key as
requested by the City Commission at its January 13, 1994 meeting.
FILE :
SUMMARY FINDINGS - City Operation of the Virginia Key Boatyard
Assuming a City funded, developed and operated dry -rack storage boatyard on Virginia Key in place of the existing
expired leasehold operation, projections of anticipated expeditures and revenues are as follows (see attached detailed
financial analysis for itemized cost breakdowns):
Estimated Construction Costs:
Replacement of 294 dry rack slip structures (wJroof covering) $235,200
Repaving, Refurbishment of Boat Yard, Sea Wall & Equipment $940,000
Fees, Professional Services, Contingency $182,616
Total $1,3 57,816
Estimated Annual Revenues:
Dry Rack Storage Rentals
Fuel Sales
Estimated Annual Operating Expenses:
Wages & Fringe Benefits (7 staff persons)
Debt Service (5% over 15 years)
Other Operational Expenses
Total
Total
Estimated Boat Yard Annual Profit (Loss)
Food & Concession Revenues (10% of Gross)
Year I
$671,731
37,500
$709,231
Year 1
$215,000
$128,850
197 000
$540,850
$1 bg.381
$100,000
Year 5
$980,184
45.581
$1,025,765
Year 5
$261,334
$128,850
239 455
$629,639
$396" 127
121 550
Combined Annual Profit (Loss) $268,381 $517,678
RECOMMENDATIONS
If the City were to develop and operate a boatyard as an alternative to a private leasehold Unified Development
Project, it is recommended that a professional management firm be contracted with to provide initial project design,
and operational planning assistance to the City to develop a staffing and business plan for the boatyard and provide
employee training prior to the City assuming full operational responsibility.
94- 46
VKEY.XLS
ESTIMATED CONSTRUCTION COST
Virginia Key Boatyard
DRY STORAGE
Building Renovation
(2,000x$10.00)
$20,000
Travel Lift Piers
$0
Fork Lifts
$380,000
Racks
(294x$800.00)
$235,200
$635,200
FUEL
Docks/building
$25.000
§ys em
$100,000
$125.000
BUM
Boa and
$100.000
Parking Area
$50.000
$150,000
COMMON AREAS
Seawall
$200,000
Landscaping
$50.000
Lighting
$15.000
$265.000
OTHER COSTS
Architectural/Engineering
(C& 14%)
$65,000
Permits
$20,000
Signage
$10,000
Contingency (Ccb 8%)
$87.616
$182.616
TOTAL
94- 46
1
VKEY.XLS
ESTIMATED REVENUES AND EXPENSES
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
1NS�dE
DRY STORAGE
$671,731
$800,150
$889.056
$933.509
$980,184
GAS & DIESEL
$37.500
$39.375
$41.344
$43.411
$45.581
TOTAL
$709.231
$839.525
=Q.400
$976.920
$1.025.766
EXPENSES
WAGES & FRINGES
$215.000
$225.750
$237.038
$248.889
$261.334
SECURITY
$30.000
$31.500
$33.075
$34.729
$36,465
UTILITIES
$10.000
$10,500
$11,025
$11.576
$12.155
FUEL
$50.000
$52.500
$55.125
$57,881
$60.775
INSURANCE
$45.000
$47.250
$49.613
$52,093
$54.698
MAINTANENCE & REPAIR
$50.000
$52.500
$55.125
$57.881
$60,775
OFFICE SUPPLIES/PHONES
$5,000
$5,250
$5,513
$5.788
$6.078
UNIFORMS
$2.000
$2,100
$2.205
$2.315
$2.431
MISCELLANEOUS
$5.000
$5,250
$5.513
$5.788
$6.078
DEBT SERVICE
$128.850
$128,850
$128.850
$128.850
$128.850
TOTAL
25AQ 850
$ tSt1.9$Q
$583,080
$605.792
S629,639
ESTIMATED PROFIT/LOSS
$168.381
$278,075
$347.320
$371.128
$396.127
OTHER INCOME
RESTAURANT
$50.000
$52.500
$55,125
$57.881
$60.775
CONCESSION
$50,000
$52,500
$55,125
$57,881
$60,775
e'a��•Y;:4'+°.:�k:".i'y`.:::tCt,N,.:tpv.•hw...r.:t..tvhy:.f'4ii..va,v^.:>7.iii.3>•o:ee,.,:,,.»;:`,"x
2'4'..'fifi:..`a�%S
?2?{/.t;5�3:.c•..4f.�.'�
t
a=::
:r'=
YEAR END BALANCE
94- 46
IN
PROFORMA
VIRGINIA KEY BOATYARD PROPERTY
Assumptions
I. Dry Storage:
A. Number of Racks: 294
B. Average boat length: 28 feet
C. Occupancy Rates:
1st Year 85%
2nd Year and after 90%
D Suggested Rates:
1st Year $8.00 linear foot/month
2nd Year $9.00 linear foot/month
3rd Year $10.00 linear foot/month
escalates at 5% per year thereafter.
II. Gas/Diesel Sales:
A. Profit margin $.25 per gallon.
B. Assumed sales of 150,000 gallons per year. Escalates at 5% per year thereafter.
III. Restaurant:
A. 10% of annual gross sales or $50,000, whichever is higher. Escalates at 5% per
year thereafter.
IV. Concession:
A. Approximately $50,000 per year.
V. Wages & Fringes:
A. 7 full time employees.
94- 46
B. Total salary and fringe benefits: $215,000. Escalates at 5% per year.
VI. Maintenance:
A. $50,000 per year. Escalates at 5% per year.
VII.Other Expenses:
Security
Utilities
Fuel
Insurance
Office Supplies/Telephones
Uniforms
Miscellaneous
A. Escalates at 5% per year.
VIII. Debt Service:
Total Project Cost: $1,357,816
Amount financed: $1,357,816
Tenn: 15 years, Interest Rate: 5%
Annual Debt Service: $128,850
25-Jan-94
05:25 PM
94- 46