HomeMy WebLinkAboutR-93-07330.
J-93-715)
10/1/93
RESOLUTION NO. 9 3 r 733
A RESOLUTION, WITH ATTACHMENTS, REJECTING THE
PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND
BOATYARD AT DINNER KEY INC. FOR THE UNIFIED
DEVELOPMENT OF THE DINNER KEY BOATYARD &
MARINA PROPERTY LOCATED AT 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA.
WHEREAS, on July 16, 1992, by Resolution 92-488, the
City Commission authorized the issuance of a Request for Proposals
("RFP") for Unified Development ("UDP") of a full service boat-
yard facility, marina, and optional ancillary marine -related
retail use for the Dinner Key Boatyard .& Marina property
("Property"), selected a Certified Public Accounting ("CPA") firm
and appointed members of a Selection Review Committee
("Committee") to evaluate the proposals as their duties are
prescribed by local law; and
WHEREAS, the RFP for the Property was issued on August
7, 1993, and contained specific evaluation criteria to be used by
the CPA and Committee; and
WHEREAS, one proposal was received by the City in
response to the RFP on February 16, 1993, the published date for
receipt of proposals; and
WHEREAS, the CPA rendered its written report to the
City Manager analyzing the proposal based on the financial via-
bility of the proposed development team, its proposed financial
strategies, and assessed comparatively, the short and long-range
economic and fiscal return to the City and evaluated the economic
feasibility of the proposed development; and
A T T A C H �AE.HT (S)
I AG NEED
CITY covrmsION
MEETING OF.
NOV 2 3 1993
Aosolutim No.
93-- 733
WHEREAS, the Committee received the presentation of the
proposer and, after extensive analysis and discussion of the one
proposal, rendered a written report to the City Manager contain-
ing an evaluation of the proposal based on the specific evalua-
tion criteria in the RFP document that included, without
limita-
tions, the experience of the development team including,
experience of the proposing entity, the capability of the devel-
opment team, financial capability, financial return to the City,
overall design of the proposed development, extent of minority
i
participation, and local firm(s) participation; and
i
WHEREAS, based on the information presented in the
i
proposal, the developer's ability to secure financing for the
proposed development project was a major concern for both CPA and
Committee; and
WHEREAS, the City Manager, after taking into consider-
ation the findings of the CPA and the recommendation of the
Committee, recommended the rejection of the proposal submitted
by Lighthouse Marina and Boatyard at Dinner Key Inc.; and
WHEREAS, in accordance with the City's UDP process as
outlined in Charter Section 29-A(c) and Code Section 18-52.9, the
City Manager has transmitted to the City Commission his recommen-
dations including the written reports, from the aforementioned
CPA and Committee; and
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93- 733
WHEREAS, on September 7, 1993, the City Commission
rejected the recommendation of the City Manager and sent the
proposal back to the Committee for reevaluation and recommenda-
tion directly to the City Commission; and
WHEREAS, on September 22, 1993, the Committee reevalu-
ated the proposal taking into account the report of the aforemen-
tioned CPA firm and the evaluation criteria specified for the
Committee in the RFP, and adopted a motion to recommend the City
Commission the rejection of the proposal submitted by Lighthouse
Marina and Boatyard at Dinner Key Inc. to develop the Dinner Key
Boatyard and Marina property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
SECTION 1. The Recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
SECTION 2. The proposal submitted by Lighthouse Marina
and Boatyard at Dinner Key Inc. for the Unified Development of
the Dinner Key Boatyard & Marina property is hereby rejected.
SECTION 3. This Resolution shall be effective immedi-
ately upon its adoption.
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93- 733
PASSED AND ADOPTED this 23rd day of November , 1993.
ATTEST:
MATT HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
J .
ASSISTANT CITY ATTORNEY
-4-
Q.
STEPH N P. CLARK, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS%
93-- 733
gibj of �Rianti
HERBERT J. BAILEY
Assistant City Manager
October 1, 1993
Honorable Mayor and Members
of the City Commission
City of Miami
3500 Pan American Drive
Miami, FL 33133
Dear Mayor Suarez:
CESAR H. ODIO
City Manager
In response to the City of Miami's Request for Proposals ("RFP")
for the Unified Development Project ("UDP") of a full service
boatyard facility, marina, and optional ancillary marine -related
retail use for the Dinner Key Boatyard & Marina property, issued
August 7, 1993, one response was received.
In accordance with the request of the City Commission on Septem-
ber 7, 1993, the seven member Selection Review Committee
("Committee") conducted a meeting on September 22, 1993 to re-
evaluate the sole proposal submitted by the Lighthouse Marina and
Boatyard at Dinner Key Inc.
After extensive analysis and discussion, the Committee voted to
recommend to the City Commission the rejection of the proposal
submitted by the Lighthouse Marina and Boatyard at Dinner Key
Inc. to develop the Dinner Key Boatyard and Marina property. The
Committee evaluated the proposal based on the following criteria
outlined in the RFP document and a report prepared by the Certi-
fied Accounting Firm:
1. Experience of the proposing entity
2. Capability of the development team
3. Financial capability
4. Financial return to the City
5. Overall design of the proposed development
6. Extent of minority participation
7. Local firm(s) participation
In accordance with the City of Miami Charter, Section 29--A(c) and
the City of Miami Code, Section 18-52.9, enclosed is the
Committee's Final Report outlining its deliberations and evalua-
tion of the proposal submission.
DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER
300 Biscayne Boulevard Way, Suite 400-401/Miami, FL 33131
DEVELOPMENT DIVISION (305) 579-3366 / HOUSING DIVISION (305) 579-3336 9 3 - 733
PROPERTY AND LEASE MANAGEMENT DIVISION (305) 372-4640 / Telecopier: (305) 371-9710
Honorable Mayor and Members
of the City Commission
Page 2
on behalf of the entire Committee for the Dinner Key Boatyard &
Marina property UDP, we appreciate the opportunity to participate
with you in this City project.
Sincerely,
r
James W. Wellington
Chairman
! Enclosures
93- 733
DINNER BEY BOATYARD & MARINA
UNIFIED DEVELOPMENT PROJECT
SELECTION REVIEW COMMITTEE
FINAL REPORT TO THE
CITY COMMISSION
93- 733
6j
TABLES OF CONTENTS
MEN
PAGE
Selection Review Committee,...... .. 1
..•.••••.`•.••..•••.••.•..
Background 3
Proceedings................................................. 3
EvaluationProcess .......................................... 5
APPENDIX A. Area Location Map/Site Location Map
93- 733
SELECTION REVIEW COMMITTEE
MEMBERS OF THE PUBLIC
JAMES W. WELLINGTON, Chairman
Director
Miami River Information Service
ELI M. FEINBERG
President
EMF & Associates, Inc.
KEVIN F. KOTE
Biologist, Marine Facilities Program
Metro -Dade County - DERM
DAVID D. RAY
President
SeaStar Corporation
s. 0
WARREN BUTLER
Assistant to the City Manager
City Manager's Office
RAUL DE LA TORRE
Manager
Dinner Key Marina
i
ALLAN I. POMS
Chief Architect
Public Works Department
i
I
. upuort Staff
ERDAL DONMEZ
Financial Services Coordinator
Department of Development & Housing Conservation
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93- 733
Support Staff oontinued:
' JACK LUFT .
Development Coordinator
Department of Development & Housing Conservation
JULIE BRU
Assistant City Attorney
Law Department
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93- 733
BACKGROUND
Resolution No. 92-488 adopted on July 16, 1992 authorized the
issuance of a Request for Proposals ("RFP") for the Unified
Development of a full service boatyard facility, marina, and
optional ancillary marine -related retail use on an approximately
10.88 acre of City owned waterfront located at 2640 South
Bayshore Drive, Miami, Florida.
The City Commission, through Resolution No. 92-488, appointed
seven members to a Selection Review Committee ("Committee")
charged with evaluating proposals in response to the City's RFP
and to render a written evaluation of its findings to the City
Manager as required by City of Miami Charter Section 29-A(c) for
Unified Development Projects. Resolution No. 92-488 further
selected Arthur Andersen & Co., Certified Public Accounting
("CPA") firm, with the minority firm of Sharpton, Brunson & Co.
to analyze the financial capability, commitment, and projections
of the proposal submissions.
The RFP document issued August 7, 1992, sought a unified develop-
ment package from a private entity to include planning and de-
sign, construction, leasing and management of a boatyard and
marina and marine -related uses. The Lighthouse Marina and
Boatyard at Dinner Key Inc. proposal was the only response that
the City received on the proposal submission date of February 16,
1993.
Subsequently, the proposal was evaluated by the Committee and the
aforementioned CPA firm, and separate reports were rendered to
the City Manager for his assessment of the proposal.
On September 7, 1993, the City Commission rejected the recommen-
dation of the City Manager to refuse the proposal submitted by
the Lighthouse Marina and Boatyard at Dinner Key Inc. The City
Commission also adopted a motion to send the proposal back to the
Committee for reevaluation and a recommendation directly to the
City Commission.
PROCEEDINGS
Subsequent to the City Commission action of September 22, 1993,
the Committee, appointed by the City Commission, held a total of
one meeting. Throughout the proceedings, the Committee observed
requirements as set forth in the "Government in the Sunshine" Law
and "Public Records" Act. The meeting was advertised and re-
corded.
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93- 733
The meeting was held on September 22, 1993, at which time, the
Committee was briefed with respect to events that took place
since the Committee's Last meeting and its recommendation to the
City Manager. The Assistant City Attorney, assigned to this
project, informed the members of the Committee as to their re-
sponsibilities in evaluating the proposal under the City's Char-
ter and Code.
The members of the Committee conducted an extensive discussion in
reevaluating the proposal submitted by the Lighthouse Marina and
Boatyard at Dinner Key Inc. The Committee directed several
questions to the development team and the representative of the
certified accounting firm which previously analyzed the proposal
for its financial merit. At this time, the Committee also had an
opportunity to evaluate the content of the aforementioned CPA
report, which had not been available for the Committee's review
prior to this meeting.
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93- 733
EVALUATION PROCESS
City of Miami Charter Section 29-A(c), Unified Development
Projects, requires the Committee to "evaluate each proposal based
only on the evaluation criteria applicable to the Selection
Review Committee and contained in the Request for Proposals".
Section VI of the RFP document included an extensive outlay of
the criteria that would be used to evaluate the proposals. The
evaluation criteria was as follows:
1. Experience of the proposing entity .......... 15%
2. Capability of the development team .......... 20%
3. Financial Capability ........................ 20%
4. Financial Return to the City ................ 20%
5. Overall design of the proposed development ...15%
6. Extent of Minority Participation ............ 10%
7. Local firm(s) participation ................. 6%
Total Maximum Points 106%
The above matrix was established to evaluate, rank and recommend
proposals submitted in response to said RFP. Nevertheless, the
Committee had only one proposal to consider, therefore, each
member of the Committee evaluated all relevant components of the
proposal and voted without assigning points according to the
matrix illustrated above.
After an extensive evaluation and discussion and after taking
into consideration the report prepared by the aforementioned CPA
firm, the Committee made the following recommendation to the City
Commission:
The Committee recommends the rejection of the
proposal submitted by the Lighthouse Marina
and Boatyard at Dinner Key Inc. for the
development and management of the Dinner Key
Boatyard & Marina property.
All correspondence between the Committee, City Staff, Arthur
Andersen & Co.; proposal documents; supplemental materials; tape
recordings of the Committee meeting; and any other materials
related to the Dinner Key Boatyard & Marina project are on file
and available at the City of Miami Department of Development and
Housing Conservation, Development Division.
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93-- 733
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BISCAYNE BAY
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COCONUT GROVE
SAILING CLUB
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VIRRICK CORAL REEF
GYM YACHT CLUB
"*-MONTY TRAINERS
2.640 SOUTH BAYSHORE
DRIVE PROPERTY 0
GROVE KEY MARINA
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DINNER KEY
MARINA
APPENDIX A
Site Location Map
V-
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OCT— —r+ TIDE i 4k c r EA STAB L C-71-- .<A�42-2 i 'S8
f=• � 1
A
David D Ra
y
President
DINNER KEY BOATYARD & MARINA
UNIFIED DEVELOPMENT PROJECT (THE 'PROJECT")
SELECTION REVIEW COMMITTEE ME "COMMITTEE")
MINORITY REPORT TO THE CITY COMMISSION
93- 733
POST OFFICE BOX 431251 . MIAMI, FLORIDA 33243-1251
_4Z TUr- i N S SEf-1 'L Tr��' ��a�.. .�#.42— ._?SL P 02
On September 22, 1993, the Committee met to
reconsider the only proposal submitted for the Project,
the proposal (the "Proposal") submitted by Lighthouse
Marina & Boatyard at Dinner Key, Inc., ("Lighthouse") and
report directly to the City Commission.
Based on discussion at the meeting, it appeared that
the majority of the members believed the. Proposal, in
spite of a few short comings, was a good proposal if the
City of Miami Gould assure that the funds were available
to complete the project as proposed. The task of the
Lighthouse Group in submitting the Proposal waa made even
more complex by the effects of Hurricane Andrew.
A number of questions were asked of Lighthouse with
a view towards alleviating the concerns expressed by the
members of the committee. Lighthouse said that they
would give to the City of Miami, upon Commission approval
of the bid, a binding Letter of Credit for look of the
cost of the project, to be drawn against by Lighthouse,
as the project progressed in a manner agreeable to the
City. Lighthouse further said that they would agree to
substantial penalties, to be deducted from the Letter of
Credit, in the case of a partial or complete default.
Unfortunately, the City Attorney :stated that she
93-- 733
1JCi'•- 5-03 T U E: 1 .4 5£3 8eN STAR rt!S 2-2T.=���^-' R . C_'1•4
believed the Committee must either recommend or reject
the Proposal on its face value to the City Commission
with no additional caveats as we had done in the original
meeting. it is our opinion that had we been allowed to
recommend the Proposal with the understanding the a
Letter of Credit be issued to the City, in accordance
with the City's terms, that the majority of the Committee
would have approved the Proposal since the Committee
voted to reject by the slim margin of 4 to 3.
Having suffered throughout the Dinner Key Boatyard
fiasco, it is imperative that the City be extremely
careful in the process of accepting the Proposal, but we
strongly believe and recommend that the Proposal be
accepted with the requirement of a Letter of Credit to
the City of Miami or accepted and the City Manager, in
his negotiations of the contract, be directed to require
a Letter of Credit to the City of Miami.
We strongly believe that the, Proposal is in the best
interest of the entire community of the City of Miami and
in keeping with the Commissions mandate that this
property remain a working boat yard.
David D. Ray
93-- 733
CITY OF MIA MI, FLORIDA
22
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE': OCT 0 iC.1 FILE
of the City Commission
SUBJECT : Rejection of
Lighthouse Marina and
Boatyard at Dinner Key
FROM : REFERENCES: Proposal
Cesa io
Citypager ENCLOSURES: City Commission Meeting
of October 14, 1993
On July 16, 1992, the City Commission, by Resolution 92-488,
authorized the issuance of a Request for Proposals ("RFP") for
Unified Development ("UDP") of a full service boatyard facility,
marina, and optional ancillary marine -related related use on a
City owned waterfront property, selected a Certified Public
Accounting ("CPA") firm and appointed members of a Selection
Review Committee (."Committee") to evaluate the proposals to be
submitted for this project.
The Request for Proposal document was issued on August 7, 1992
and the City received one proposal from the Lighthouse Marina and
Boatyard at Dinner Key Inc. on the proposal deadline date of
February 16, 1993. Subsequently, the proposal was evaluated by
Committee and CPA, and separate reports were rendered to the City
Manager for his assessment of the proposal.
On September 7, 1993, the City Commission rejected the recommen-
dation of the City Manager to refuse the proposal and adopted a
motion to send it back to the Committee for reevaluation and a
recommendation directly to the City Commission.
In accordance with the City Commission request, the Committee met
on September 22, 1993. After extensive analysis and discussion
of the proposal, and after taking into consideration the report
prepared by the aforementioned CPA firm, the Committee adopted a
motion to recommend the City Commission the rejection of the
proposal submitted by the Lighthouse Marina and Boatyard at
Dinner Key Inc. to redevelop the Dinner Key Boatyard & Marina
property.
Attachments:
Proposed Resolution
Selection Review Committee Report
Selection Review Committee Minority Report
93- 733
` D_SECURITY _LIST
DID ITEM: DINNER KEY BOATYARD & MAF1jil--------------------------
DIDNO.a R F P------------------------------------------------
DATE BID(5) OPENED: FEBRUARY 16, 1993 __ 2:00 PZ __________________/-___M.
----- L;,
TOTAL DID_30WD_(or,�
BIDDER SID_AMOUNT CASHIER'S CHECK
-------- --------- --
L LIGHTHOUSE MARINA & BOATYARD
--------------------
REEL DEAL YACHTS — ----- -
-------------
— — — — — — ---
--------------�_-----------ii=7$g�iI��
N_----_---_
--------------
-------------------------
$ 2,000.00 Check -4
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N.A. (Florida) n not obligated provide
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payment a e rive
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manner with 220 1 1 0 7 8 6 V 2 1 2 5 3
an acceptable five year Indemnity and surety bond for twice the face .L
amount of this check.
CITIBANK, N.A. (FLORIDA) FEB 11 ' 93
ICKELL OFFICE-1401 BRICKELL AVENUE—MIAMI, FL 33131 Date
Ay.***TWO THOUSAND DOLLARS AND 00 CENTS DOLLARS $$ssOS2000,O0ssi
DRAWER: CITIBANK, N.A. (FLORIDA)
DTHE. so OF MIAM1t+t
IRDER TELLERS ACCOUNT
OF REtLIGHTHOUSE MARINA AND BOATYARD AT
DINNER KEY, INC. FOR R.F.P.
2640 BAYSHORE DRIVE AUTHO IZED SIGNATURE
IO CITIBANK (NEW YORK !!JATB). RUI FALO, N Y AUTHORIZED SIGNATURE VOID AFTER 90 DAYS
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CITY CLERKELA.
CITY OF MIAMI,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Matty Hirai DATE : January 26, 1993 FILE
City Clerk
SUBJECT : New Proposal Submission
�� � �• � � Deadline for Dinner Key
Boatyard & Marina RFP
FROM � � � REFERENCES: �. -
Herbert J. Bailey �19_ —A °n
Assistant City Manager ENCLOSURES:
�/
Please note that the Proposal Submission Deadline for the Dinner
Key Boatyard & Marina Request for Proposals was reset for
February 16, 1993, 2:00 PM, by the City Commission at its January
14, 1993 meeting. The resolution for the above action is
prepared by the Law Department. Should you have any questions,
please call Erdal Donmez at x-3366.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Matty Hirai DATE : January 8, 1993 FILE
City Clerk
SUBJECT
Proposal Submission
Deadline
FROM : Herbert J. BaileyREFERENCES
Assistant City Manager ENCLOSURES:
This is to inform you that the proposal submission deadline for
the Dinner Key Boatyard & Marina unified Development Request for
Proposals has been extended from Wednesday, January 13, 1993 to
Tuesday, April 13, 1993, 2:00 PM. Should you have any questions,
please contact Erdal Donmez at x-3366.
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LIGHTHOUSE MARINA
O AND BOATYARD AT DINNER KEYS INC.
3495 N. MOORINGS WAY • COCONUT GROVE, FL 33133
TEL.: (305) 443-9596 • FAX: (305) 442.9976
TRANSMITTAL
TO: HERBERT J. BAILEY DATE 2-16-93
ASSISTANT CITY MANAGER
CITY OF MIAMI, CITY HALL
(FIRST FLOOR COUNTER)
3500 PAN AMERICAN DRIVE
j MIAMI, FL 33133
THE FOLLOWING SUBMISSION DOCUMENTS HAVE BEEN DELIVERED
BY HAND.
QUANTITY DESCRIPTION
1 ORIGINAL SUBMISSION DOCUMENT
14 COPIES SUBMISSION DOCUMENT
5 GRAPHIC DOCUMENTS
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