Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-90-0449
17. 11 J--90-436 6/7/90 RESOLUTION NO. 9 0 — 449 A RESOLUTION, WITH ATTACHMENT, APPROVING THE CITY MANAGER'S RECOMMENDATION TO REJECT THE PROPOSALS SUBMITTED APRIL 27, 1990 IN RESPONSE TO THE VIRGINIA KEY BASIN PROPERTY REQUEST FOR PROPOSALS AND AUTHORIZING ISSUANCE OF A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS (RFP) ON JUNE 21, 1990, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE DEVELOPMENT OF RESTAURANT AND MARINE SERVICE USES, ON CITY -OWNED PROPERTY LOCATED ADJACENT TO 3601 RICKENBACKER CAUSEWAY, MORE COMMONLY KNOWN AS THE "VIRGINIA KEY BASIN PROPERTY"; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. WHEREAS, the City of Miami Charter Section 29-A(c) allows for Unified Development Projects ("UDP") where an interest in real property is owned or is to be acquired by the City and is to be used for development of improvements; and WHEREAS, on September 14, 1.989, by Resolution No. 89-771, ("Resolution") the City Commission determined that for the development of restaurant and marine service uses, on City -owned property adjacent to 3601 Rickenbacker Causeway, Miami, more commonly known as the "Virginia Key Basin Property", it is most advantageous for the City to use the UDP process; and WHEREAS, pursuant to the Resolution, the City issued a Request for Proposals ("RFP") on January 26, 1990; and WHEREAS, Section 29-B, City of Miami Charter, requires a referendum unless there shall have been at least three (3) written proposals received from prospective purchasers or lessees in regard to the sale or lease of City -owned property; and WHEREAS, on April 27, 1990, the City received only two written proposals, in response to the RFP; and WHEREAS, in the RFP, the City retained the right to reject all proposals; and �ATTE O T H IrD CITY Y COMMISSION MEETING OF _.�.. i U fI 7 1990 90--- 149 k9bo nt" No. — WHEREAS, the City P4anager accordi.ngJ_y recomr,.ipnds t:eject .on of the proposals received thereby necessi.tati.ng the issuance of another RFP; and WHEREAS, Charter. Section 29-A(c) requires that the City Commission hold a public hearing to consider the contents of the RFP; and WHEREAS, pursuant to the Resolution a public hearing was held this date to consider the contents of said RFP for a UDP on this site; and WHEREAS, Charter Section 29-A(c) further provides that at the conclusion of the public hearing, if the City Commission is disposed to proceed, it may authorize the issuance of a RFP, the selection of a certified public accounting firm, and the appointment of members to a review 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 recital 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 City Manager's recommendation to reject the proposals submitted April. 27, 1990 in response to the Virginia Key Basin Property Request for Proposals is hereby approved and they are so rejected. Section 3. The City Manager is hereby authorized to issue a Request for Proposals on June 21, 1990, in substantially the attached form, for the development of restaurant and marine service uses on City -owned property adjacent to 3601 Rickenbacker Causeway, Miami, more commonly known as the "Virginia Key Basin Property" and more particularly described in the RFP. Section 4. Said Unified Development proj':=ct will include the following integrated package: Planning and design, construction, leasing and management. 0-- 449 -2- 0 Section 5. The cert:i-f.i_ed pttbI i-c ac�c rmnt i.ng f it -In of. Shar_pton Brunson and Company in association with Aldo Lastra, Inc., is hereby selected to analyze said proposals and render a written report of its findings to the City Manager. Section 6. The following seven individuals are hereby appointed members of the review committee to evaluate each proposal and render a written evaluation of its findings to the City Manager, including any minority opinions: MEMBERS OF THE PUBLIC Jose Arellano Captain Robert Lewis President Member, City of Miami Miami Rowing Club Waterfront Advisory Board Charles Ankrum Dick Briggs Commodore Director Power Boat Racing Assoc. Marine Council CITY EMPLOYEES_ Ana Gelabert Adrienne Macbeth Planning Department Office of Minority, Women & Business Affairs Albert Ruder Department of Parks and Recreation Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of June ,-'1990. XAVIER L. SU CITY CLERK PREPARED AND APPROVED BY: LINDK K. KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: jOR E FERN DEZ f CITY ATTORNEY- LKK/pb/bss/M1536 9V'&Z1 -3- go- 449 a 0 REQUEST FOR PROPOSALS FOR THE UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BASIN PROPERTY MIAMI, FLORIDA (located adjacent to and immediately west of Miami Marine Stadium on the southerly shoreline of the Marine Stadium Basin) June 21, 1990 CITY OF MIAMI Xavier L. Suarez, Mayor Victor De Yurre, Vice Mayor Miller J. Dawkins, Commissioner M. Athalie Range, Commissioner J.L. Plummer, Jr., Commissioner Cesar H. Odlo, City Manager Prepared by: Department of Development 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 . Tel. (305) 372-4590 Proposals Due: 2:00 p.m., Friday, September 210 1990 90-- 449 11 C TABLE OF CON"BUTS I. PUBLIC NOTICE ................ ....................... II. PROJECT OVERVIEW A. Summary•.., ................................+•••• Figure 1. Regional Lo:ation Map... after page Figure 2. Area Locati:n Map........ after page B. Site Location.- .................. ........•f.. Figure 3. Project Locstion Map,....after page C. Project Parcel Descripti:n...................... D. Unified Development Proj=.ct Schedule............ III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS A. Unified Development Proj-?cts...•....... 0........ Be Commitment of Funds ....................... 0..... C. Commitment of Property . . . . . . . . . . . . . . . • . . . . . . . fee D. Commitment of Services .......................... E. Execution of Contracts .......................... F. Right of Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. Definition of Uses ........................ •o... . IV. PROPOSAL DEVELOPMENT CONSIDERATIONS A. Development Objective ........................... Be Termination of Existing Leases and Restaurant Operations ...................................... C. Lease Term ...................................... D. Annual Lease Payment ..... .............:........ E. Ilse ................. ............................ F. Adjacent Property Consideration ................. G. Site Improvements, . . . . . . . . . . . . • . . . • . . . . Pee . . . . • . He Parking ......................................... I. Access ............... a.......................... J. Permitting ..............:....................... K. Architectural Treatment of Improvements......... L. S i g n ag a .......... . . . . . . . . • . . . M. Estimated Construction Costs .................... N. Project Financing Strategy ...................... 0. Development Schedule . . . . . . . . . . . . . . . . . . . . . . . • . • • . P. Method of Operation ............................. Q. Minority Participation .......................... R. Contract Terms ....... ........................•.• 1 3 3 3 4 4 4 5 6 6 6 7 7 7 7 0 8 9 9 9 9 9 10 10 10 11 11 11 11 11 12 12 12 V . PROPOSAL FORMAT A. Credentials ..................................... 13 Be Project Proposal ................................ 14 C. Additional Requirements ......................... 14 0 TABLE OF CONTENTS S ( CONT' D . ) VII. 'TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT A. Authorization ................................... 19 B. Terms and Conditions ............................ 19 VIII. PROPOSAL SUBMISSION PROCEDURES ....................... 24 APPENDIX A. Virginia Key Master Plan Development Concepts ........................................ 25 APPENDIX B. City of Miami Charter and Code Sections; Referenced Legislation ........................0 26 APPENDIX C. City of Miami Minority and Women Business , Affairs and Procurement Ordinance No. 10538.... 27 APPENDIX D. Current Lessee Letter of Commitment............ 28 EXHIBIT I. Sketch of Property Survey ...................... 29 EXHIBIT II. Declaration, Professional Information and Financial Disclosure Forms ................. 30 L Ll I. PUi3t.1C° N0TiC'9 The City of. Miami is inviting interested parties to submit Unifled Development Project (U.D.P.) proposals for the planning and design, construction, leasing and management of approximately 2.88 acres of City -owned land located adjacent to and immediately west of Miami Marine Stadium along the Marine Stadium basin shoreline in Miami, Florida for restaurant and marine -related commercial and recreational uses. The waterfront parcel includes approximately 280 linear feet of frontage along the basin shoreline. All proposals shall be submitted in accordance with. the Request for Proposals document which may be obtained from.rthe City of Miami Department of Development, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, (305) 372-4590. This document contains detailed and specific information regarding the property being offered for, Unified Development and the City's goals for the use of the property by the successful proposer. The City will conduct a Proposal Pre -Submission Conference on Tuesday, July 10, 1990, 10: 00 a.m., at the City of Miami Department of Development. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are encouraged to Attend. , Proposals must be delivered to Matty Hirai, City Clerk, City Hall, Dinner Key, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Friday, September 21, 1990, and will be publicly opened on that day. No proposals shall be accepted after the date and time specified or at any other City office location. 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. Any proposal deemed by the City Manager to be non- responsive or to not meet the minimum requirements of this Request for Proposals shall be rejected by the City prior to the Unified Development Project evaulation process. 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 project design, 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. Ordinance No. 10538 estabishes a goal of awarding 51% of the City's total dollar volume of all expenditures for all goods and services to Black, Hispanic and Women Minority Business Enterprises on an equal basis. 90- 449 �, 7 Ll lk Minority and women vendors who are interested in ' submitting hids andwho are not registered with the City as minority or women vendors are advised to contact the City of Miami Minority/Women office, Dupont Plaza Center, 300 Biscayne Boulevard Way, Suite 400, phone 579-3366„ Cesar H. od io City Manager Adv. # Z 90- 449 11, PROJECT OVERVIEW A. Summary The City of Miami is extending itvitations to qualified and experienced developers to submit proposals for development of a restaurant and marine -related or dependent commercial and recreational uses on approximately 2.38 acre, of waterfront land on Virginia Key along the Marine Stadiun Basin shoreline. The City - owned parcel is located between the N ami Marine Stadium, a public facility operated by the City of Miami, and a boat ramp and dry rack storage facility operated privately a. a land lease from the City. Virginia Key, a barrier island, is located in 'Biscayne Bay midway between Key Biscayne and the mainland as shown in Figure 1. "Regional Location Map" and the Marine Stadium basin is adjacent to Rickenbacker Causeway as shown in Figure 2. "Area Location Map". On July 23, 1987, the City Commission passed Resolution 87-760 adopting in principle the Virginia Key Master Plan, that among other things, set forth a general development and implementation program for publicly awned properties on Virginia Key, and is included herein as Appendix A. On September 14, 1989 the City Commission adopted Resolution 89-771 declaring that the most advantageous method to develop certain improvements on the Virginia Key Basin parcel offered herein is by the "Unified Development Project" process, as set forth in City Charter Section 29-A(c) and City Code Section 18-52.9. Resolution 89-771 further authorized the preparation of a Unified Development Request for Proposals (RFP). A Public Hearing was held June 7th, 1990 to take testimony regarding the Request for Proposals and to authorize issuance of the RFP. At the conclusion of the Public Hearing on June 7th, 1990, the City Commission adopted resolution 90- which authorized the issuance of this Request for Proposals, appointed a seven member review committee and selected a certified public accounting firm to evaluate proposal submissions and report findings to the City Manager as required by the City Charter and Code for Unified Development Projects. (Referenced legislation is included in Appendix B . ) Proposals shall include planning and design, financing and construction of improvements appropriate to the character of the site and the Miami River waterfront. The property, in public ownership by the City of Miami, is to be redeveloped, leased, operated, managed, and maintained at no cost to the City by the successful proposer under a property lease agreement with the City of Miami. 90- 449 III. ,I� Ill JAIII 111111� .,�IiI 111,i ill,li li 11 ill ilf 111I li'll IlllIIIIII 1,11l�l l IA ild ill0llll l ji ii Il 1.1i lIfli klll]lli lild Ij IiIii., i III rulAYt •6AGN © � � —� �—._``•'— FIGURE 1 REGIONAL LOCATION lil' i, ,•I "PII' Iq 11,I�� a nii I I I I �� •III III 'II I I 'I' 4ii l'ui'I k INf l� I'+II "I" �i� I II"illl'li'IIIIgIIPRq^f iln gi'PI'I'll 'V II!II'�I I!pn n�i'vlllq 11 0 2 8. site Location The Virginia Key Basin site, shown in Figure 3. "Project Location Map," is located along the Marine Stadium Basin shoreline between the Stadium and a public boat ramp and boat yard. The Virginia Key Master Plan, adopted in 1967, recommends a reorganization of the leasehold areas west of the Marine Stadium to provide a more efficient use and higher quality design of the boat yards and recreational facilities. To accomplish this, the plan proposes that the existing restaurant use located within a parking lot be moved to the shoreline, and an area of ground storage of boats and marine equipment be converted to public parking serving the restaurant use and marine stadium. This U.D.P. seeks to implement these specific objectives of the adopted Master Plan. The project site consists of two parcels: Parcel B, approximately 2.27 acres currently used for surface storage of boats and miscellaneous equipment (of which .5 acres consists of entrance drives for Marine Stadium that will remain); and a portion of Parcel 1-B, approximately 1.11 acres, currently a boat ramp and vacant land. Both parcels are currently under lease to Marine Stadium Enterprises. (Refer to Exhibit I. "Sketch of Property Survey" for detailed property description.) C. Project Parcel Description 1. owner: City of Miami 2. Address: adjacent to 3601 Rickenbacker Causeway 3. Legal Description: Restaurant/Marine Service Area (portion of Parcel 1-B of Rickenbacker Marina Survey) - Commence at the Southeast Corner of Section 17, Township 54 South, Range 42 East; Dade County, Florida; thence along the south line of said section 17 north 89 degrees 56149" west for 2,649.84 feet to its intersection with the Center Line of "Rickenbacker Causeway" as shown in "The Metropolitan Dade County Bulkhead Line" according to the plat thereof as recorded in plat book 74, at Page 9, sheet No. 2 of the public Records of Dade County, Florida; thence along said Center line North 45 degrees 22' 07" West for 3,073.07 feet; thence North 44 degrees 37' 53" East for 446.57 feet to the point of beginning of the hereinafter described parcel of land; thence North 44 degrees 37' 53" East for 276.00 feet; -= thence N 75 degrees 22' 07" West for 280.00 feet; thence South 14 degrees 37' 53" West for 24.97 feet; thence South 44 degrees 37' 53" west for 114.37 feet; thence S 45 - degrees 22' 07" East for 230.00 feet to the point of beginning. Containing 1.110 acres more or less. Parking Area - (Parcel B less the southeasterly 120 feet) - Commence at the southeast corner of Section 17, Township 54 South, Range 42 East; Dade County, Florida, thence along 4 VAN�T.�. 9Q-" 449 �I llllllllidrilli tllrlll r�i�Id�liL��llll� illli l� .I�lilllililil IlOill'llllll��� i��lllil�dil �I�IIVili�,lli i6l l�lre�l�l� � liwldl6l I! I�I�Illl�l�i�ill I�il �II1IL Ik IIIIII IJ16 I�u ili I,I, iI ai l , _dlili 1 ft{« FIGURE 2 6, 0 qr,n y I q iplui 91111,1lip I"'I'Ill II Ill pIIJIIIll1°11 II ',III I'!I"'1 111",I rl i'IIII "�I I' III �I�' 'I��I �IlgIII"Ilfl �II�w11 Y � e � r � .a w• •� " Y it t si _ ,Jr� _ wK ��i•i:+� c C,�T�'y1j~ •-.n i. •+ t, .: �, A`x'�:�f :� r � '. �• •�'.�� +.-1.�ti..."Z�- tom.. _ •. • 1 _ _✓' t �... < ... t..., • x+• •�� :a t..- gyp- ..A• t.-.. F �. r • h :f Gr got- ` � t i 1: � �:. M4tn •• .:. a i. i;. "" � • :'w.:ir. � C :� t, • t�..CtlNr <Y. •!+ w•r�±-"l' T.i �.v. r,� •__�ltKtM,t�` mil. • • JW�•f S �!''�'i�� � .i .r 1i'• '1. � t^ - . �. i � q '� .. � `x ` . • ••i- •_., .•„ .•Ib' '�•i•,;� •t .: a -i•.� '�� •i<•s�.7Y.`."s _. :. i f _ ,�41_•_'� �5'�Ml��h.� 1�•'' All leasehold improvements shall revert to the City, In which fee simple title shall vest, upon the expiration of the lease torm. The City Commission is prohibited from favorably considering any lease of property owned by the Aty unless there is a return to the - - City of fair market value. Thy City is prohibited from favorably considering any lease of proper .►, unless, among other things, there shall have been at least thr�? written proposals received from - prospective lessees (refer to SEr pion VIl.B.3.) . D. Commitment of Services Services such as police and fir? protection, equal to those provided any private development within 'he City of Miami, shall be provided by the City. All additio►, 1 security, etc., shall be the responsibility of the developer. As required by subsection (5 of City Charter Section 29-A(c)', "substantial increase" shall tF defined as a 10% increase to the City's proposed commitment of f ends, property and/or services and "material alteration" shall be `fined as failure to comply with all aspects of the proposal except is specifically permitted in writing by the City Manager. E. Execution of Contracts All contracts for Unified De !lopment projects shall be signed by the City Manager or his dul authorized designee after approval thereof by the Commission. :te provisions of Charter Section 29- A(c) shall supersede any oth Charter or Code provision to the contrary. F. Right of Termination Any substantial increase in the City's commitment of funds, property, or services, or any material alteration of any contract awarded for Unified Developme.,: projects shall entitle 'the City Commission to terminate the co•,:ract after a public hearing. Prior to such public hearing, the -ommi.ssion shall seek and obtain a report from the City Manager and from the Review Committee that -_— evaluated the proposals for I.ie project, concerning in part the _ advisability of exercising V t right. The City shall have no liability with regard to it;. exercise of such right and the successful proposer shall bear all of its own costs with respect thereto. G. Definition of Uses Proposals must include a definitive development program, including phasing, if any, a financial strategy and feasibility, and a guaranteed time of completion schedule that can be realistically evaluated under the requirements of this Request for Proposals to -� form the basis for selection by the City. TV. PROPOSAL DEVELOPKENT CONSTI)FRATIONS Respondents to this invitation are advised that the following factors must be coneidered and adhered to in the development of project proposals and will be cr tically evaluated. A. Development Objective Proposals must meet the City's de most active and productive com,iirc waterfront activities for whit; 1 Stadium basin waterfront is res?-v( restaurant as its principal i:a include other water -dependent or recreational uses permissible ui,,er county Code) . Improvements shy 1 environmental and design fact;,s Stadium Basin and the site. ,relopment objective seeking the ial use of the site related to his portion of Miami's Marine d. The project shall include a; and is strongly encouraged to water -related commercial and BU-IA zoning (Metropolitan Dade be responsive to the character, Inherent to the Miami Marine Aesthetics of the development w'll be a prime consideration in the evaluation of proposals. the City expects the proposed architecture to be responsive to the South Florida sub -tropical climate and its waterfront se:ting. Of special concern is the facade and sillouette as viewed from the Basin and parking areas adjacent to Marine Stadium. The project shall relate to the water's edge with respect t: enhancing the general public's increased visual and physical a:cessibility to the basin. It is a primary objective of th'.s project to eliminate the existing restaurant operation (otherwise known as "Bayside") within the parking lot of the adjacent leasehold as a condition for constructing a new restaurant and marine services facility on the waterfront. The objective of the Virginia Key Master Plan, upon which this project is based, is to in -effect move the existing food service facility adjacent to the project site to the higher amenity project site waterfront location and thereby eliminate, as well, the present functional conflicts between the current restaurant and boat storage operations. A secondary objective is to eliminate the surface storage of boats within Parcel a and convert the area to needed automobile parking. B. Termination of Existing Leases and Restaurant Operations The successful proposer must, prior to execution of a lease agreement for the project site, successfully negotiate with the current lessee an agreement to purchase of remaining leasehold interests in the project site including, if necessary, satisfactory compensation of the existing restaurant operator on the adjacent leasehold for removal of the present restaurant operation, structure and equipment (otherwise known as "Bayside"). The existing Lessee of the project site has agreed to negotiate in good faith based on an appraised fair market value, the sale of the remaining leasehold interests in the site to the successful proposer (see Appendix D. - Current Lessee Letter of Commitment). ' s. C. Lease Term The term of a lease agreement to be executed between the City and the successful proposer shall be negotiated to compliment the financing strategy and/or the depreciation schedule'. D. Annual Lease Payment The financial return to the City shall include a minimum annual guaranteed rental payment for lease of the property, plus a percentage of gross revenues throughout the lease term. E. Use The site is located in a zoning district intended for general commercial services and government uses. For purposes of responding to this Request for Proposals, the principal uses of the waterfront property (portion of parcel 1-B) shall be a restaurant oriented to the waterfront and recreational use of the water's edge. Accessory uses that may be realistically configured on the site, in addition to its principal uses, include such commercial marine and recreational service uses permissible under BU--lA zoning. In addition, floating docks for the temporary landing of recreational boats seeking access to the restaurant and marine services may be installed within the adjacent embayment area, provided, however, such docks are permitable under applicable County and State regulations for such structures and all required permits are obtained by the lessee. The sole use of the inland property (parcel B) shall be for public parking to serve the restaurant and for special events at the Miami Marine Stadium. F. Adjacent Property Consideration Between the restaurant site and the Marine Stadium facility exists a 350 foot length of vacant, unimproved public shoreline. It is the City's expectation that the successful proposer shall fund and install improvements to this area for a depth from the shoreline of approximately 100 feet, that will enhance the publics use and access to this area. Such improvements may consist of walkways and landscaping, the nature of which shall be reflected in the proposal submission. This area is not a part of this R.F.P.'s leasehold offering. G. Site Improvements The property including all conditions, topsoil and subsoil on the premises is offered "as is." Required on -site loading and service areas shall be organized, appropriately landscaped, and screened from surrounding streets and adjacent property. Proposals shall include a compatible, safe and effective pedestrian and vehicular circulation system to service the proposed development. 90- 449 All site improvements must comply with all applicable code requirements. All signage shall be reviewed and approved by the City of Miami Planning Department. H. Par kink Minimum off-street parking requirements are to be achieved principally by utilization of the Parcel B leasehold area to be improved as a surface parking lot for the exclusive use of the restaurant except during Marine Stadium events. During such events, the City will require that the Parcel B parking spaces be made available to event patrons, and all vehicles parked on Parcel B will pay the normal event parking fee. If the event's paid seating is only within the stadium grandstands, any parking on Parcel 1-B (restaurant site) may be reserved exclusively for restaurant valet parking and exempt from normal stadium event parking fees. if the event has paid shoreline spectator space (fe. the annual power boat races), standard City policy is to charge an event entrance fee at the main stadium parking gates which will, include restaurant patrons (since they will enjoy a view of stadium basin event activities.) Use of additional parking within the adjacent City's Marine Stadium parking lot as may be required by code or desired by the restaurant / commercial operator may be negotiated and entered into as a separate agreement with the Department of Parks, Recreation and Public Facilities and the City Property/Lease Manager subject to the approval of the City Manager. This additional parking, if desired, will be provided through a special use permit that is revokable and not a lease. I. Access Access to the restaurant site (Parcel 1-B) will be through Parcel B with an easement through the Marine Stadium parking lot to permit full access to Parcel 1-13. Access to Parcel B may,be through the Marine Stadium parking entrance and/or from the existing frontage road parallel to Rickenbacker Causeway. J. Permitting The successful proposer shall be responsible for acquiring all required permits, licenses and approvals from, but not limited to, the Army Corps of Engineers, the State Department of Environmental Regulation (DER), Metro Dade County Department of Environmental Resources Management .(DERM), the Dade County Building Department, the Dade County Shoreline Review Committee and the City of Miami. 90- 44.9 K. Architectural Treatment of Tmpro,s?ments Development of improvements shall he architecturally acceptable and will be critically evaluated in the selection process. The City expects the proposed architecture to be responsive to the local climate and in particular to the waterfront setting'. The City does not Meek an ar.chitectur.! or a setting imitative of any other geographic area. The appropriate context for the waterfront can best be expressed through the use of indigineous building materials and forms and lush landscape treatment responsive to South Florida's natural conditions. Overall height of new structures shall be in accordance with limitations as established by zoning. The design of rooftops should be conducive to Least Tern nesting. L. Signage Signage will be permitted in accordance with the Dade County Zoning Code with design approval by the City Planning Department. Signage may be placed, subject to design review, near the Marine Stadium entrance on City owned land. A fee may be applicable. M. Estimated Construction Cost A detailed construction cost estimate shall be furnished for the entire proposed development including all improvements. Included as separate items, shall be the estimated cost of furnishings, fixtures and equipment. N. Project Financing Strategy The proposer shall provide financing for all building and site improvements including public spaces and amenities associated with the development and, if necessary, for purchaGe of existing leasehold rights and compensation of the existing restaurant operator for loss of lease, building and equipment. O. Development Schedule Respondents shall submit a proposed, development schedule for each significant improvement of the complete project. Development shall substantially commence within six months from the transfer of the leasehold property to the successful proposer. A reversion 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 in the evaluation process. P. method of >eration The operation of the en'.ir.e proposed development shall be described. The description must include an organizational chart, job descriptions of key pcsitions, brief outline of operating procedures, how and where he development will' be advertised, indication of which busine�;,es are intended to be operated by proposer and which businesses are intended to be subleased or to be operated under a management :.retract. If independent management services are to be involved, then the applicable forms included in Exhibit II. of this docur:it must be completed by management contractors. In the event the proposer is not the restaurant operator, the independent and experienced •!staurant operator must be a member of the proposer's team and must 7omplete all applica�Te forms included in Exhibit II. 0. Minority Participation Respondents will be required :o comply with all applicable federal, state and local affirmatiie action and minority procurement legislation and regulations, including City of Miami Ordinance No. 10538 (Appendix C). Minorities are expected to „ an integral part of the development team, participate substantially in construction contract and jobs, and comprise a significant )art of the permanent management team, as well as all business. - , and work force created by the development. For the purpo:� of proposal evaluation, significant minority participation shall 3e defined as 17% black, 17% hispanic, and 17% female. R. Contract Terms Section VII. provides numerous contract terms and conditions that the proposer must consider when making a proposal. Proposers must provide specific suggested clauses for inclusion into the lease agreement with the City. Various standard City clauses are included in Section VII. and must be adhered to. The eventual contract negotiated between the successful proposer and the City may incorporate any other terms, conditions and benefits for the City that the City, in its judgement, may seek to include by way of negotiation. V. PROPOSAL FORMAT Proposals submitted in response to this invitation must include the following information: A. Credentials 1. Identity of proposer, including the development team's organizational structure and names and addresses of principals. 2. Proposer's experience in development, operation and management of specific types of uses proposed, referencing specific projects and proposer's role. 3. Complete and substantiated evidence of proposer's financial capacity to undertake the project proposed. 4. Composition of development team (the proposer, its profes- sional consultants, and operational manager(s)). 5. Development team's professional qualifications and experience in design, construction and operation of types of uses proposed. The development team assembled in response to this invitation shall, at minimum, demonstrate professional expertise in the following disciplines (currently active licenses required): 1. Architectural: shall be registered to practice architecture in the State of Florida as required by FS Chapter 481, Part I. Architecture; 2. Landscape Architectural: shall be registered to practice landscape architecture in the State of. Florida as required by FS Chapter 481, Part H. Landscape Architecture; 3. Engineering: shall be registered to practice engineering in the State of Florida as required by FS Chapter 471, Professional Engineers; 4. General Contracting or Construction Management: shall, be licensed as a general contractor in the State of Florida or Dade County and possess a Certificate of Competency; _ 5. Operations: shall be experianced in the types of uses proposed; 6. Management: shall be experianced in the types of uses _ proposed.; 7. Leasing: shall be experianced in commercial real estate leasing. 13 9®- 449 2 B . Project Pr. o2osa1. 1. Development Plan: Description of all aspects of the plan Architectural character and features of the development Number of buildings and use, square footage, height Methods of construction Number of temporary boat moorings on -site loading and service parking requirements Proposed off -site parking, if any Adjacent site improvements. 2. Illustrative Drawings (Shall be prepared by a registered architect licensed to practice in Florida and shall be board -mounted not to exceed 30"x40"): Illustrative site plan Elevations, sections and floor plans of all proposed new structures While perspective isometric illustrations are not required, submissions will be accepted for review. No model will be accepted for review. 3. Schedule and Type of Project Amenities . 4. A Feasible and Substantiated Financial Strategy 5. A Proposed Lease Term complimenting the financing strategy and/or depreciation schedule 6. A Minimum Annual Guaranteed Rental Payment to the City plus the projected dollar amounts for payment to the City based on a Specified Percentage of Gross Revenues Collected, in accordance with Section IV.D., throughout the proposed Lease Term 7. Project Development and Operating Pro Formas of anti- cipated project income and expenses projected for length of lease term proposed B. Project Implementation Schedule including all steps of planning and design, construction and operation 9. Project Management Plan C. Additional Requirements 1. Completed Declaration, Financial Disclosure and Professional Information forms as detailed and included herein as Exhibit II. 2. A response to all applicable aspects of the contract Terms and conditions as detailed in Section VII. of 90-- 449 0 3. Letters of commitment from financial institutions docu- menting the proposer's ability to finance all aspects of the proposed development. 4. Letters indicating the proposer's ability to obtain required bonds and insurance. 5. Documentation of minority participation pursuant to the goals set forth in City of Miami Ordinance No. 10538. 15 9©- 449 VT. RVALUA'I"TON CRTTFRIA Review procedures and the selection process are set by City Charter and Code of which applicable excerpts are included in Appendix S. of this document. The City of Miami Cormission, consisting of five elected officials, inclu6ing the Mayor, will select the successful proposer based on the recoiimendation of the City Manager. At a public hearing he-d October 12, 1989 and continued to December 14, 1989, the City Commission authorized the City Manager to issue this Request for Proposals, appointed members to a review committee from recommendations submitted by the City Manager, and selected a certified public accounting (CPA) firm to evaluate submitted proposals. The review committee established by the City Commission at the public hearing will render a written report of its evaluation of 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 none of the bids if it deems them not to be in the best interest of the City of Miami. However, the committee shall have to explain its reasons for such a decision. A. Review Committee Evaluation Criteria The following specific evaluation criteria matrix shall be used by the review committee: 1. Experience of the proposer ........................158 2. Capability of the development team................158 3. Financial capability, level of financial commitment........................................20% 4. Financial return to the City......................20� 5. overall project design ............................208 6. Extent of minority participation ..................10% Proposers are encouraged to have their proposals conform to the following factors which will be utilized by the review committee in evaluating the proposals: 1. Experience of the Proposer (15%) (a) Qualifications and capability of the proposer in development of the types of uses proposed (b) Specific experience of the proposer in development and management of the types of uses proposed, _ 16 90-- 449 comparable in ma jnittade and srope 2. Capability of the development Team (15%) (a) Composition of the development team (b) Professional italifications of team members, project manage , and consultants (c) Specific capa lity and range of experience in scope, comp xity and adequacy of personnel to successfully ui ?rtake and complete this project for the types uses proposed (d) Good past pea. -)rmance in project administration and in coopera can with former clients (e) Ability to meet 'ime schedules and budget (f) Quality, orga, zation and experience of opera- tional managem( t team (g) Method of p ividing restaurant operation including type and quality of food preparation service, hour., of operation, advertising and promotion plan: (h) Method of prov king operation and maintenance of other types of ises proposed 3. Financial Capabili�,, Level of Financial Commitment (20%) (a) Demonstrated fj,ancial capability of the proposer to successful'.-, undertake and complete this project (b) Proposer's tr,;,k record of financing projects - comparable in nagnitude and scope sufficient to successfully f•tance this project (c) Financing strai.,!gy (c) Access to construction and permani (d) Development schedule 4. Financial Return to the City (20%) (a) Annual lease payment including a minimum annual rental payment and gross revenues for the duration o term. (b) Dollar value, extent and timi. improvements 17 'l (c) Any additional financial benefit to the City 5. Overall Project Bes'gn (20%) (a) Fulfillment of +.he City's established 'development objective (b) Appropriateness and quality of the design as related to its ! tting on Biscayne Bay (c) Appropriateness and quality of the design as related to the scale, massing, materials, and finishes of the ypes of uses proposed (d) Efficiency of site design and organization, mix and compati-ility of types of uses proposed (e) Imaginative and creative treatment of architec- tural and sits± design of public access to and design of the water's edge, public spaces, exterior spacer, circulation, view corridors, landscaping, graphics, signage, and lighting , 6. Extent of Minority Participation (10%) (a) Minority equity participation (b) Minority participation within the development and management team (c) Contracting and hiring practices (d) Opportunities for minorities, hiring outreach and training opportunities in relation to management, operation and maintenance of facilities B. CPA Firm Evaluation Criteria The certified public accounting firm selected by the City Commission will provide a preliminary evaluation of each proposal submission prior to evaluation by the review committee. Specifically, the certified public accounting firm will evaluate the financial viability of the proposed development teams, their proposed financial strategies, and will assess comparatively the short and long range economic and fiscal return to the City. Additionally, they will assess the economic feasibility of the proposed development. The CPA firm will render an independent final report of its findings to the City Manager. 0 0 MITI. TERMS AND CONDITIONS TO BE CONSIDERED IN TEWE LEASE AGREEMENT A. Authorization Upon authorization of the City Commissions the City Manager or his designee shall negotiate all aspects of a lease agreement including planning, design and engineering, construction, and management with the successful proposer. The City Attorney's Office must approve the lease agreement as to legal form and correctness and will provide assistance to the City in its negotiations to be certain that the City's interests are best served by the inclusion of contractual clauses B. Terms and Conditions The contract shall address, but not be limited to, the following terms and conditions: 1 . Lease Term A proposed lease term to compliment the financing strategy and/or the depreciation schedule. 2. Rent Annual minimum guaranteed rental payment and a percentage of gross revenues for duration of lease term. Payment schedules Right to audit No counterclaim or abatement of minimum rental 3. Conditions for Lease City of Miami Charter Section 29-B (included in Appendix A) The City Commission is prohibited from favorably considering any lease of property owned by the City unless there is a return to the City of fair market value under such proposed lease. The City Commission is prohibited from favorably considering any lease of property owned by the City unless there shall have been proper advertisement soliciting proposals allowing not less than ninety (90) days from the City's receipt of proposals and there shall have been at least three (3) written proposals received from prospective lessees; however, if there are less than three (3) proposals received and the guaranteed return under the proposals whose acceptance is being considered is equal to fair market value and the City Commission determines that the 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 lease may be consummated. 19 90- 449 A Adak Ask VW 4. Insurance Policies of Insurance Certificates of Insurance Types of Insurance (City Insurance Manager to specify the types and amounts of insurance required and retains right of approval of all insurance required) 5. Performance and Payment Bond Prior to commencement of construction on the property by the successful proposer, the successful proposer shall furnish the City with a performance and payment bond in an amount to be specified to insure that the Lessee will promptly make payment to all claimants supplying labor, materials, or supplies used directly or indirectly in the prosecution of the work provided for in the lease agreement, and to pay the City all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that the City sustains because of a default by the Lessee under the Lease Agreement. The bond shall be subject to the approval of the City Insurance Manager and the City Attorney and comply with FS 255.05, Florida Statutes (1987). 6. Indemnification The successful proposer covenants and agrees that it shall indemnify, hold harmless, and defend the City, its employees and officials from and against any and all claims, suits, action, damages or causes of action arising during the term of the lease agreement for any personal injury, loss of life, or damage to property sustained in or about the leased premises, by reason of or as a result of the successful proposer s occupancy thereof, acts or omissions to act, from the acts or omissions to act of the City, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees, debts, obligations, expenses and liabilities incurred in and about the defense of any such claims and the investigation thereof. 7. Assignment of Lease No assignment, of lease agreement or any portion or part thereof, except by and virtue of action taken by the City Commission. 8. Restrictions on Use Authorized principal uses Authorized accessory :uses 20 90- 449 rr 7.: 9. Design, rngi.neeri.ng and Construction of: T_mprovemenf4 Description of Improvements Developer's Obligaticn to Construct Improvements Submission of Construction Documents Review and Approval o.: Construction Documents Changes in Construction Documents Submission for 33uildirtg Permit Contract (s) for Consti uction Conditions Precedent :o Commence Construction Commencement and Comf'.etion of Construction Improvements Progress Reports Payment of Contractor; and Supplies Cancellation or Disch ,rge of Liens Filed Construction Coordina_ion and Cooperation 10. Preparation of Premises for Development Property including all conditions, topsoil and subsoil on the premises are offered for lease "as is" and any work or labor required to conform to applicable laws shall be the successful proposer's responsibility at his sole cost. No warranties express or implied are represented as to such property. All warranties including any warranty of fitness or merchantability are expressly disclaimed. Developer assurance 11. Operation and Management of Leased Premises Description of premises Operation and maintenance standards 12. Equity Capital and Mortgage Financing City —owned property is held in public trust and cannot be mortgaged, liened, encumbered, pledged, hypothecated or subordinated in any way as a part of the lease agreement. Sufficient Funds to Construct Improvements Notification of Securing Sufficient Funds Lessee to Furnish Name and Address of Mortgagee Lessee to Notify City of Other Encumbrances Rights and Duties of Mortgagee 13. Public Charges/Fees/Taxes Covenant for Payment of Public Charges Evidence of Payment of Public Charges Utilities: The successful proposer shall pay for, all utilities consumed on the premises as well as connection and installation charges thereof 21 90- 449 Property and Other Taxes: The successful proposer shall pay all taxes on all improvements which may be levied, as well as sales, use, income and other taxes imposed by any governmental authority 14. Maintenance, Repair and Replacement Maintenance Reserve for Waste Alterations 15. Condemnation and Repair Replacements of Improvements Adjustment of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 16. Default - Termination Default by Lessee Default by City Obligations, Rights and Remedies Cumulative Non -Action or Failure to Observe Provisions Hereof Non -Performance Due to Causes Beyond Control of Parties Surrender of Premises Ownership of Equipment and Furnishings on Termination Party in Position of Surety With Respect to Obligations 17. Examination of Premises The successful proposer agrees to permit the City Manager or his designee to enter the premises at any time for any purpose the City deems necessary to, incidental to or connected with the performance of the successful proposer's duties and obligations hereunder or in the exercise of its rights or functions. 18. Audit Rights The City reserves the right to audit the records of the successful proposer with respect to the lease agreement atany time upon reasonable notice during the performance of the agreement. 19. Award of Agreement The successful proposer warrants that it has not employed or retained any person employed by the City to solicit or secure the lease agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the City LJ U any fee, Commission, percentage, brokerage fee, or gift of any kind contingent. upon or resulting from the award of making the lease agreement. 20. Conflict of Interest The successful proposer- is aware of the conflict of interest laws of the City of Miami, Dade County, Florida, and the Florida Statute, and agrees that it will fully comply in all respects with the terms of said laws. Any such interests on the part of the successful proposer or its employees must be disclosed in writing to the City. The successful proposer, in the performance of the lease agreement, shall, be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 21. Non -Discrimination The successful proposer agrees that there will be no discrimination against any person on account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap in the use of the demised premises and the improvements thereon. :2. Rules and Regulations The successful proposer agrees that it will abide by any and all rules and regulations pertaining to the use of the premises which are not in effect, or which may at any time during the term of the lease agreement be promulgated. 23. Compliance with Federal, State and Local Lags The successful proposer shall comply with all applicable laws, ordinances and codes of federal, state and local governments. 24. Minority Procurement Compliance The successful proposer acknowledges that it has been furnished a copy of Ordinance No. 10538, the Minority and �- Women Business Affairs Procurement Program ordinance of the City of Miami, (Appendix C) and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. p VI T T . PROPOSAL L SUBM TSS TON PROCEWRRB Proposal submissions must be marked: Unified Development Proposal for the Virginia Key Basin Property, Miami, Florida Proposals submissions must be received at: Office of the City Clerk City Hall City of Miami 3500 Pan American Drive Miami, Florida 33133 One (1) original and twelve (12) copies of a complete proposal submission in an 8-1/2"xll" bound format and one set of board - mounted illustrative drawings are required to be submitted by: 2:00 p.m., Friday, September 21, 1990 to the Office of the City Clerk Exhibit II includes forms that must be submitted as a part of the dvelopment proposal submission. The time deadline and .location will be firmly adhered to. No proposals shall be received after 2:00 p.m., Friday, September 21, 1990 or at any other City office location except the office of the City Clerk. A non-refundable cashier's check for $1, 500 shall accompany each proposal submission. These funds are intended to cover actual expenses for advertising, printing, and mailing incurred by the City in preparing and issuing this Request for Proposals. Funding for expenses incurred in evaluating proposal submissions, in excess of the application fees collected, shall be reimbursed the City by the successful proposer as described in Section III.B.2. U APPENDIX A VIRGINIA KEY MASTER PLAN DEVELOPMENT POLICIES FOR MARINE STADIUM VICINITY Idarlso dudlos - n Irnxlat"ble agora /ae lltt. MA Rk,31F, RECREATION The unin•+e dA.*%naSone or VirgAris fey that distingo] ieh it frnm nth•r public lAnlm and recrention ArRre in the region Are its extraordinary nAtura_1 environment, its bay !+etting and unparalleled Recess by we' ,r for marine recreation programs. The fillowing'land use policies reflect the goal of optimizing the islatI's marine recreational opportunities: 1) MARINE STADIUM AND IIASIN The future of powerboat racing An 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 15, however, recommended that the basin be kept open (not converted to a marina or mooring basin) and available for marine competitive boating events and water shows. The recent three year decline in sailboat sales and contrasting rise in South Florida 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 tar 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 Propo9eo,_ ;,and Use graphic). Major event parking T-70,000 attendance at races) or same -day events on the is'lanm will require remote spil:cver parking that could be accomodated on the former Jump site (see preceding 213cu33i0n or Uncontrolled Lar.s Fill 31te.: To enhance spectator viewing for major racing events, it is reccmmended that shoreline viewing areas southeast of the stadium and along the opposite .n.ortnern shoreline be improved througn increased landscaping, remova: of exoti: plant_ 'Brazilian Pepper, Casuarina) and regular maintainance and trash rexaval. The access road 'ha: sow follows the perimeter of the basin from the stadium to ;he northwesterly basin terminus should be relocated to connect with the "treatment plant access road" (see Land Use Plan grapnic), and reouL t north of tnat power beat ewn•rshtp releAe. further nue+tA±ne as tr the vlsbilit.yor need fnr r,ptor re++ rai:bnrt !o^ring AreAr. Additional Concerns shout A rn rpreAon of the teem to a rArAnA Involve water quality are the pre?-ert iniebillty of tides and currentr, to sdegvetely flush tl!e Stadiuv� racing basin, an important factor in Parina design. Furriesne hazards further reduce the Attractiveness of the key for expanded wet or dry boat storage. Alternatives exist in Biscayne Bay, most notably Watson Island, the Miami River, and Dinner Key, for new and expanded wet and dry slip storage, but no such alternative exists for marine racing events and water shows. To maintain the economic viability of the stadium, the stage (barge) should be expanded and permanently moored 1.) front of stadium (to reduce major coats in moving It). Programmed Improvements to the stadium setting area and support facilities must be expedited. If market analysis supports it, expanded bleacher seating should be provided at the sides of the stadium (on land or floating wings) to attract events in the *10,000 seat range that are now lost to other facilities in the area. Parking, a critical need for major events, should be expanded through joint -use,' agreements with the Seaquarium and Planet Ocean, which would yield a potential 3000 total spaces. To better complement with amphitheaters to be built at Metrozoo and Sayfront Park, and In recognition of the proposed facility next door at the A u94+97 IlataEo of tdat,a Sudiow. /t,fal OQaea and the S.Nuhaa .o MoMd. TM aauate ac,wo ar,►o Hue is 6066M IN yacuur •10-46. mint. This would rr€^vP the rn+rd+ mhor-11nP ennflict with thr Anwinp Club nnr, planet OcPAn. and Allnw'fcr buyer And trsrt to bring epectat.orn to the bArin'r oppomite rhnrP for e±elor a-enta. 2) COMMERCIAL MARINE SERVICES Marine Stadium area provides for a variety of commercial aervices that enhance the public's access to and use of the waterfront. The accompanying graphic, Marine Stadium DeveloImentConce t, provides schematic recommen et ons for the future use and organization of this vlte) area. These ineludet A) Reorganization of the boat storage area tot a) condense this arts 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 (tee below). c) relocate present restaurant from the center of the parking lot to the indented shoreline west of Marine Stadium (leasehold expan- s.lon). Add floating docks A 11111 -/17 the. nnu)d he rcv►d for rAcintt ev*nts) for the relncAt-e rPntaiiront.. AddPd rstH!i.nA adjat. to the r t. It d i t)n. wi 11 rPr•,+r tha rPstAurrrt. d) move bcmt ramp to wP!!*erly edge of indented ar!s. e) provide direct vehicular access from the stadium entrance free to the relocated boat ramp and Rusty pelican/Moratios restaurants. f) trove the Morstle're/Aunty ►ellean entrance drive easterly twenty five feet to allow for landscaping and reduced pedestrian conflicts in front of Morstio's. A IWO af(khet oreanlraelea of W ewles NrHa area lA awdaa. MARINE STADIUM DEVELOPMENT CONCEPT r.wru�o ® aa+t araur mo aa+aca raAa4 aawut,o�w-taus ® rase anoiutnaK�rraay ® wAas anaarrc�. 90" 4 4 9 VIRGINIA. KE ,M A S t E R P IL A APPENDIX B CITY OF MIAMI CHARTER AND CODE SECTIONS; REFERENCED LEGISLATION Charter Section 29--A(c) Charter Section 29-B Code Section 18-52.9 Resolution 87-760 Resolution 89-771 Resolution 50- 26 90- 449 0 E3 1 27.8 CIiARTEA AND RELATED LAWS See, 27-9. Assest+or to have power of county assessor; general assessment roll. Note —The uner's attention is directed to the editor a note to 127•B of this charter. Sec. 27-F. Signing and endorsing general as• semsment roll; return and presump- tion of validity. Note —The user's attention Is directed to the editor's note to 1 27.8 of this charter. Sec. 27-di. Copy of mssrssment roll mnnexed to warrant commanding collection. Note —The user's attention ix directed to the editor's note to 1 27.8 of this charter. Sec. 27-I1. State law as to taxes applies. Note —This archon has i mn aubstontinliy changed, by In. ferenco. inaawnw+ as amwwrri ant end collection of iaxrs is now the exchraive reapnnsibititr of Bade County. The user's attention is directed to the editor's note to 1 27.8 of this charter. [Sec. 27-1. Iteserved.l Sec. 27-J. Discounts if taxes paid before cer- tain time. Nate —The iisem"t rate* formt-rly ant out in this Peet inn no lorwer apply; for present rates, Pee Fla. I'Ants.,1 19.1.41. The m rr'a stlonlion is also directed to the editor'* note to 127.13 of this charter. Sec. 27-K. When (axes become delinquent; in. terest rates on delinquent taxes. Note —'tire rarr`s attention is directed to the editor's note to 1 27-D of this charter. Sec. 27-L. Tax certllicates; interest rate there- on. N.rte—The wwr'a attention is directed to the editor's note to 127-B of this charter. Sec. 2& Chief procurement officer. (a) The city manaRer shall appoint it 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 Svpp. No.:9 S07e. A of all real and personal property of the city not needed for public use or that may hsve become unsuitable for time. The chief procurement officer shall have charge of such storerooms and ware- houses of the city ns the commission may by ordi. nonce provide. Before any purchase or sale, the chief procurement officer shall require that all prescribed procurement procedures be followed. :supplies shalt not be furnished to any department unless there be to the credit of such department an nvnilnble npproprintion balance in excess of nil unpaid obligation, sufficient to pay for such supplies. (b) No contract for furnishing supplies or Per. 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, Nandi• cap, or marital status; and that they take affir• mative action to ensure that applicant@ 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) Ilia chief procurement oMcer shall he re• oponsible for developing such minority procure• ment program as may be prescribed by ordinance and permitted by law. Sec. MA. Contracts for personal property, puhiic works or improvements, uni- fied development projects, and real property; safeguards. (a) Personal property. Any personal property. including but not limited to supplies, equipment, materials, and printed matter, may be obtained by contract or through city labor and materials, as provided by ordinance. All contracts for more than four thousand five hundred dollars ($4,5W.00) ahafl be awarded by the commission to the lowest responsible bidder, after public notice and using such competitive sealed bidding methods its may be prescribed by ordinance; provided, however. 90- 449 �k„ F"bpt A CNARTFR t "M A that if the amount of a bid or proposal submitted by a vendor whose primary office is located in the City of Miami is not more than ten (10) percent in excess of the lowest other responsible bidder or proposer, such local vendor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competi- tive sealed bidding is not practicable or not ad- vantageous to the city, which finding 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. Ail contracts for personal property in excess of four thousand rive 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 coat 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 &4 may be prescribed by ordinance; provided, however, that if the amount of a bid or proposal submitted by a contractor whose primary office is incnted In the City of Miami is tint more than ten (10) percent in excess of the lowest other respon- Svpp. No. 29 Bible bidder or proposer, much 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 modirica- 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 ah interest in real property is owned or is to be ac. quired by the city, is to be used for the develop• ment of improvements, and as to which the com. mission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: (1) planning and design, construction, and leas. ing; or (2) planning and design, lensing, and manage. ment; or (:3) planning and design, construction, and mnn- agement; or 90 - 449 1 WA C1IARTFR AND MrI AT1rP► LAWS 91916r"t. A (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- eges provides all of the functions listed for that package, such person need not provide ench I sated function for the entire unified development project nor for the game part of the unified development project. Requests for proposals for unified development projects ,shall generally define the nature of the uses the city is seeking for the unified develop- ment project and the estimated allocations of land for each use. They shall also state the following: (1) the specific parcel of land contemplated to be used or the geographic area the city desires to develop pursuant to the unified develop• ment project; (2) the specific evaluation criteria to Its used by Ow 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; (6) the definitions of the terms "substantial in. crease" and "material alteration" that will apply to the pmjeet pursuant to subsection (eX4) hereof; and (6) a reservntion of the right to reject all propon. als and of the right of termination referred to in subsection (eX4), below. After public notice there shall he a public hear• ing at which the commission shall consider: (1) the contents of the request for propoonals 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 recommendationa of the city manager for the appointment of persons to serve on the review committee. Snid review committee shall Supp. Na 29 consist of an nppropriste number of city oM. cials or employees and an equal number plug 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 I.he public henring the com• mission ghatl authorize the issuance of a request for proposnin, 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. 11te 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 hnsed only on the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public necountioig firm shall render n 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. Snid review com- mittee nhnll render a written report to the city manager of its evaluation of each pro- posal, including any minority opinions. (3) Inking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the city mnnnger ahnll rre. oinmend one or more of the proposals for ne. ceptance by the commission, or alternatively, the city manager may recommend thnt all proposnts he rejected. if there are three or more prolxmnin 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 recnmmendation or rec. nmmendntimis to the commission, the city manager shrill include the written reports, including any minority opinions, rendered to B-3 90 449 1-1 0 CFtARTRR him by the aforementioned certified account- ing firm and review committee. (4) all contracts for »nified development projects shall be awarded to the person whose pro- posal In 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 Cite evaluation criteria specified for the review committee in tho 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 coin mitt"; 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 10 the contrary. (d) Sales and team 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. TD i "-A public to compete for said rent property or inter- ent. Any such salo, conveysnce, nr dinpo"Mim !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 oft -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. for 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-thirds of the commission after a properly advertised public hear. ing. When the requirement of sale, corveyance, or disposition to the highest responsible bidder is waived, other procurement methods at. 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 oilers. All invitations for bids, requests for proposals, or other anlicitationa 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 he required to certify their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and Indemnify the city for any noncompliance by said persons with the above laws. 9©- 449 11 1WA CItARTIrR AND RR).ATED;.AWfJ (2) All persons contracting with the city tinder this section @hall be obligated to pay which. ever is the greater of the following: (1) all applicable ad valorem taxes that are lawfully aaeessed against the property involved or (H) an snmtint to be paid to the city equni to what the ad valorem taxes would be if Elie 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 shnil 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 shnil enti. tle the city commission to terminate Lite 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. 9607, 1 1, 10-28-82; Char. Amend. No. 1, 11.2-82; Char. Amend. No. 1, 114-86; Char. Amend. No. 3,' 11.3-87) WRer's note —Ord. No. 9489. adopted by the commiaalon on Sept. 17. 1982, met forth Charter Amendment No. 1 ray approvaikejeetion at electMn an Nov. 2, 1982. On Oct. 28, 1982, Ord. No. MW amended the lanRnaRe ornubaectiona (a) and (c) of 153 as proposed by Ord. No. 9489. The election wait to opprvw the laniomw of Charter Amendment Na 1, as amenaled by Ord. No. 9507. Suboequently. In light of Charter Amend. i meat No. 2 of Nov. 3, 1967. the city attorney directed the codifier to delete peragraph (ip of ouboaction (d) a superseded by 129.8. Arrnetatioaaa—for case decided prirw to ennetment by Char. ter Amendment No. 3 of 1979 of a competitive bidding re• quhement fear d"tinn of city property, see Mahoney v. Given, 641%. 2d OX Sold ease held that competitive bidding is not Tr4pired to lease city real eRtste. Matorial variance between plans bid upon and plane sub• mItW arA adol ted rr n4m contract void, atatalein v. City of Miami, 3" So. 2A 1006. Sapp. No. 29 B-s A"hrt A See. 29-13. City -owned pre"'irty 0111e or le"" — Generally. Notwithstanding any provision to the contrary contained in this Charter dr the City Code, except for the conveyance or disposition of city -owned property Implementing city-smisted housing pro• grams or projects which are intended to benefit persons or households with tow and/or moderate Income by providing housing for such persons or households, such as, but not limited to, those funded programs or projects undertaken, puraunnt to the Federal I lousing Act of 1937 and the Florida Ilous- ing Act of 1972, as those statutes may be amended or revised from time to time, Implementing city - assisted housing programs as may be authorized by federal or state law, Implementing projects authorised tinder 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 in 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 snid sale or lease published In a daily newspaper of general paid circulation In the city, allowing not lees than ninety (90) days for the city's receipt of proposals from prospective purchasers or les• sees, sgid advertisement to be no learn than one. fourth VA) page and the headline in the adver• tisement to be in a type no smaller than 18-point. and, (b) there shall have been at least three (3) written proposals received from prospective pur. chasers or lessees; however, if there are less than three (3) such proposals received and if the guar• anteed return under the proposal whose accep. tance Is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummat- ed. An a further exception to the above require- ments and any other requirement for competitive 90- 449 SOT,t. A Cl1 A ATFR U I sn bidding procedaares to be used in the dlq"ltion of city -owned property or any interest therein, the city commission in authorized to waive all such disposition requirements where the intended use of such property or Interest therein Is in further- ance of the obiective of providing rental or axles housing within the economic affordability range of low and/or moderate Income families and/or Individuals. In determining low and/or moderate Income households on set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. (Char. Amend. No. 2, 11-M7) Sec. 29-C. Same --Watson Island. Notwithstanding any provision to the contrary contained In the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement, revocable use permit, or license agree- ment may be entered into for the management, occupancy -or use of the area known as Watson Island unless (1) there shall have been, prior to the date 4the city commission'@ 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'@ receipt of pro. pools 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 coat by the electorate at a referendum W be held at the text regularly scheduled general election, The procedures for selection of proposals shall be those provided by Charter section 29A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall effect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently sit, usted 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. since with the provisions of this amendment. This Charter Amendment shall not affect the city'@ Sapp. me. 22 uga or occupancy of the Area, nor shall it apply to contracts for the constructlosa of any city Acilit►es 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) Sea. 30. lAenl improvements. (n) Dernilinim; divisions into classes. in this section the following words and phrases shall have the following meanings, unless some other mesh- ing is plainly intended: The main divi9ions of this section are some. times herein termed parrWwphs, and the divisions of paragraphs are sometimes herein termed subparagraphs. A local improvement is an improvement defined by thin section and made under the provisions thereof. The word commission shall he deemed to refer to the city commission of the City of Miami. A hightuay In a public Bray such no a street, boul9vard, Avenue, lane, alley, parkway, court, terrace, or place. A sidewalk is a path for pedestrians along a highway. A storm newer 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 strenmA or enclosing of strepma where necessary or advisable to carry off storm water. A sanitary sewer is an underground conduit for the pnssnge of sewnae and may include a pump- ing station and outlet where necessary. B--6 90 - 449 0 Ll f I&W7 rights. In the event of such cancellation or rejec- tion, the chief procurement officer shall promptly notify all affected bidders or offerors and make available to them a copy of the written explana- tion for such cancellation or rejection, which shall be a public record. (Ord. No. 9572, 4 1, 2-10.83) 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 sny one (1) reasonable source of supply, sole -source awards may be made as an exception to the other meth- ods prescribed in this section under the following circumstances: (1) Where the compatibility of equipment, acces- sories, or replacement parts permits one (1) reasonable source of supply; (2) Where the goods or ,services available from a single source are needed for trial use or test- ing; and (3) Where the unique and specialized expertise of one (1) source of services is unlikely to be obtained from any other source. (b) Determination and approvaL -The determi- nation that an award shall be ;Wade on a sole• source basis shall be -made by the chief procure- ment officer to the city manager. Such 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 newspnper of gen- eral circulation in the city prior to contract award, Sum. Na 10 4 Is E2,9 but in any event at least firteen (15) calendar days shall intervene between the lest 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 antiafy 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 antiafy city requirements; ` (4) The amount and type of contract; and (5) The identification number for each contract file. (Ord. No. 9672, 5 1, 2.10-83) Sec. 1"2.9. Unified development projects. (a) Definitions. For the purposcs of this article IV, the following terms shall have the following meanings: Unifted 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 fallowing inte- grated packages: (1) Planning and design, construction, and leas- ing; or (2) Planning and design, leasing, and manage- ment; or (3) Planning and design, construction, and man- agement; or mm 90 - 449 r] i M R2.9 FINA1+ CP 11 I Ift 97.0 (4) Planning and design, mnstruction, lensing and management. (b) Conditions for use. A unified development project shall be used in those circumstances in which the city commission by resolution deter- mines that for the development of improvements it is most advantageous to the city that the city procure an integrated entity as defined in section 18-62.9(a). So long as the person from which the city procures one (1) of the above -mentioned inte- grated packages provides all of the functions listed for that package, such person need not provide each listed function for the entire unified devel- opment project nor for the same part of the uni- fied development project. (c) Requests for proposals. A request for pro. posals shall be issued which generally defines the nature of the project, the uses the city is seeking for the project, and the estimated allocations of land for each use. The request for proposals shall 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; (6) 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; su". Na !0 I (7) The "ntrnct terms and conditionot, incle+d- ing warranty and bonding or ether 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 "materiai alteration" that will apply to the project in accordance with .section 63(eXiv) of the Charter of the city; (10) A reservation of the right to reject all pro- posals and of the right of termination re- ferred to in section WOW) of the Charter of the city; (11) The date, time and 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 unified development project; (2) The selection of a certified public accounting firm, which shall include at least one (1) mem- ber with previous experience in the type of development in question; and (3) The recommendations of the city 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 (6) days prior to the above -mentioned public hearing. At the conclusion of the public hearing, the corn - 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. 006 440 t tRa .9 WAM1 CO DF_. (d) Developer ligta. Developer lists may be com- piled to provide the city with the names of devel• opers who may be interested in competing foe various types of city projects. Unless otherwise provided, inclusion or exclusion of the name of u developer does not indicate whether that devel. oper is responsible with respect to a particular procurement or otherwise capable of euccessfull,t performing a particular city project. (e) Public notice Notice inviting proposals shall be published at )east once in a newspaper of gen- eral circulation in the city to provide a reason- able time for proposal preparation considering the content and complexity of the anticipated scope of work. In any event, at least fifteen (16) days shall intervene between the last date of publication and the final date for submitting proposals. Such notices shall state the general description of the scope of work, the place where a copy of the re- quest for proposals may be obtained, and the time and place for receipt of proposals. The city man- ager may, -in addition, solicit proposals from all responsible prospective developers listed on a cur- rent developers list by sending them copies of the public notice to acquaint them with the proposed procurement. (f) Preproposal conferences. Preproposal confer- ences may be conducted to explain the require- ments of the proposed procurement. They shall be announced to all prospective developers known to have received a request for proposals. The confer. ence should be held long enough after the request for proposals has been issued to allow developers to become familiar with it but sufficiently before proposal submission to allow consideration of the conference results in preparing proposals. Noth- ing stated at the prepr+oposal conference shall change the request for proposals unless a change is made by written amendment. A summary of the con- ference shall be supplied to all those prospective developers known to have received a request for proposals. If a transcript is made, it shall be a public record. (g) Receipt of propoaala Proposals shall be opened publicly in the presence of two (2) or more city officials. After the closing date for receipt of pro- posals, a register of proposals shall be prepared by the city manager which shall include, but not Supp. No. 10 J A-91.9 be limited to, the nnme of each offeror snd n summary description sufficient to identify the pmj- ect. The register of proposals shall be open to public inspection. (h) Minority participniiam The city's minority procurement program shall be referred to in the requests for proposals and shall apply to the award. ing of contracts for unified development projects. M Eunluation of propoon1s. The procedure for the selection of an integrated package proposal shall be as follows; (1) All proposals shall be analyzed by a certified public accounting firm appointed by the com- mission based only on the evaluation criteria applicable to Paid 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 proposal based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Said review com- mittee shall render a written report to the city manager of its evaluation of each propo- sal, including any minority opinions. (3) Taking into considerntion the findings of the aforementioned certified public accounting firm, the evaluations of the aforementioned review committee, and the degree of minority pertle- ipation in city contracts, the city manager shall recommend one (1) or more of the pro- posals for acceptance by the commission, or alternatively, the city manager may recom. mend that all proposals be rejected. If there are three (3) or more proposals and the city manager recommends only one (1), or if he recommends rejection of all proposals, the city manager shall state in writing the reasons for his recommendation. In transmitting his recommendation or recommendations to the commission, the city manager shall include the v!•ritten reports, including any minority opinions, rendered to him by the aforemen- tioned certified accounting firm and review committee. 1 t. t 6J 0 1 A-A2_ A FINANCF; (j) Award. All contracts for unilled development. projects shall be awarded to the person whose proposal is most advantageous to the city, as de• termined by the commission. The commission may accept any tacommenc i Lion of the city manager by an affirmative vote of t, majority of ita members. In the event the con mission does not accept a proposal recommende i by the city manager or does not reject all propo! - als, the commission shall seek recommendation i directly from the aforementioned review commi tee, which shall make a recommendation or re ommendationa to the commission taking into ne count the report of the aforementioned certifie: public accounting firm and the evaluation criteri E specified for the review committee in the reque,, . for proposals. After receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a matjority of its members: (1) Accept any recommendation of the review com- mittee; or (2) Accept any previous recommendation of the city manager; or (3) Reject all proposals. All contracts for unified development projects shall be signed by the city manager or his desig- nee after approval thereof as to form and correct- ness by the city attorney and approval by the city commission. (Ord. No. 9572, 4 1, 2-10.83) sty code crave reference —Minority participation in uni- fied devaiopraent contracts,1 18.73. Sec. If383. Types of contracts. (a) Subject to the limitations of this section, any type of contract which will promote the beat interests of the city may be used, except that the use of a cost-plus contract is prohibited. (1) F'ized-prig contract& Fixed -price contracts shall ordinarily be used for those purchases of goods and services or sales and leases where the terms, conditions, specifications and other fac- tors of the contract can be specified with a high degree of certainty and where use of a fIxed•price contract will result in substantial competition between bidders or offerors will- ing to compete for the contract. Incentives Sapp. 14o.10 t )A 1 based on various performance ftsctors and es- calation clauses or other economic adjustments may be included as appropriate to serve the best interests of the city in achieving the most economical contract performance. (2). Cost -reimbursement contracts. Coat -ream• bursement contracts shalt ordinarily be used for those purchases of goods and services or sales and )eases where the terms, conditions, specifications and other factors of the contract cannot be specified with a high degree of cer- tainty or the use of fixed -price contracts is not likely to result in substantial competi- tion between bidders or offerors willing to compete for the contract. Incentives based on various performance factors and escalation clauses or other economic adjustments may be Included as appropriate to serve the best interests of the city in achieving the most economical contract performance. (3) Blanket order& The chief procurement officer or individual purchasing agents may isstie purchase orders for indeterminate amounts of repair parts, supplies and services to the account of any department or office, but only when based uport a definite contract or price agreement which shall be negotiated in the same manner as if the item to be purchased thereunder were to be individually purchased or contracted for under the provisions of arti- cles IV and V of this Code. Such orders shall state a specific monetary limit which may not be exceeded except on written approval by the chief procurement officer. (4) Multiyear contract& (i) Unless otherwise provided by law, a con. tract for supplies or services, sales, or leases may be entered into for any period of time deemed to be in the best interests of the city, provided that the term of the contract and conditions for renewal or extension, if any, are included in the in. vitation for bids or request for proposals, and provided that funds are available for the first fiscal period at the time of con. tract award. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and 3-10 90- 449 J-87-568 6/22/87 RESOLUTION NO, 8 i —7i;0 A RESOLUTION APPROVING, IK PRINCIPLE, TOE VIRGINIA KEY MASTER PLAN (MAY 1967), AS REFLECTED IN THE ATTACHED COPY THEREOF, FOR VIRGINIA KEY, AN ISLAND IN BI$CAYM6 BAY ON THE RICRENBACRER CAUSEWAY, WHICH PLAN CONTAINS RECOMMENDATIONS FOR DEVELOPMENT, INCLUDING ENVIRONMENTAL, NATURAL, OPEN SPACE AND PARE AREAS, BEACH IMPROVEMENTS, PARKING FACILITIES, RIGHTS -OF -WAY, BEAUTIFICATION, $PECIAL FEATURES, SPECIAL ACTIVITIES AND EVENTS, AND WATERFRONT IMPROVEMENTI AND WRICH PLAN I8 IN CONFORMITY WITS THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (SEPTEMBER 1985). WHEREAS, the Miami Planning Advisory Board, at its meeting of June 17, 1987, Item No. 2, following an advertised hearing, adopted Resolution No. FAB 41-87, by a 7 to 0 vote, RECOMMENDING APPROVAL of the Virginia Key Master Plan, as hereinafter set forthi and WHEREAS, the City Commission by Motion M-66-122 on February 13, 1986, Director, Department of Development to prepare A master plan for City owned land on Virginia Rey, with the assistance of the Planning Departments and WHEREAS, the City Commission by Motion M-87-56 on January of 1987, authorised the Planning Department to present the plan for review to numerous city, county and state agencies having jurisdiction over the use and development of Virginia Eayl and WHEREAS, the recommendations for development include environ"ntal, natural, open space and park areas, beach -- improvements, parking facilities, righte-of-way, beautification, special features, special activities and events, and waterfront Improvement. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby approves in principle - — a raster plan for the development of Virginia Rey, an island in Biscayne Bay on the Rickenbacker Causeway. CITY CCiA111''SS1CFd bi:ETLtiG GF JUL �3 1997 11 49 go_ `4 s Section 2. The City Commission hereby finds and determines that the Plan Appropriately considers �(a), access and use to serve public recreational and educational needel (b), views to and from the water and highway edges (c), preservation of natural shorelines) (d), natural forces in shaping unnatural edges: (e), commercial uses suited to the promotion of public access for use and enjoyment of the waterer (f), commercial uses which are water dependent or water relatedt (9), private uses which expand public access to recreational programs. PASSED AND ADOPTED this 23rd day of _ July 1987. ATTEST: /?k A Y H AAI-- 9AVIER Le SOME , MAYOR City Clerk PREPARED AND APPROVED BY: AMA HIARO Assistant City Attorney QR-jt_ga_ PFSOL.UTION NO. J—A9-771 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LJkND I5 13Y A UNIFIED DEVELOPMENT PROJECT (UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST rOR PROPOSALS (RFP) FOR A UDP. AND CONF" RMING THE SETTING OF A PUBLIC HEARING F'1R OCTOBER 12TH, 1909 AT 1100 AM TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF RESTAURANT AND MARINE SERVICE USES ON CITY -OWNED PROPERTY LOCATED ADJACENT TO 3601 RICKENRACKER CAUSEWAY MORE COMMONLY KNOWN AS `MIAMI MARINE STADIUM"; AND AT THE CONCLUSION OF THE PUBLIC HEARING AUTHORIZE THE ISSUANCE OF A RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. WHEREAS, the City of Miami Charter Section 29-A(c) allows for 'Unified Development Projects" where an interest in real property is awned or in to be acquired by the City and is to be used for development of improvements, and WHEREAS, the City Commission determines that for the development of restaurant and marine service uses on the City- ovned, property located adjacent to 3601 Rickenbacker Causeway, more commonly known as "Miami Marine Stadium", it is most advantageous for the City to procure from a private person one or more of the following integrated packages: - 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 nanagenent; and WHEREAS, Charter Section 29-A(c) requires that the City -- Commission hold a Public Hearing to consider the contents of the Request for Proposals, and Aw'. �P41F.RF,nS, r_h*rter section 2s-A(c) rurther requirox that, nt, t.ha ec+nci��*ion of th9 Public Heexina the City Cor+!nirPion, if disposed to proceed, authorize the iesuarce of a RFP, select a Certified public accounting firm and appoint the members of a review committee from persons recommended by the City Manager; WWr THZREFORE, BE 1T RESOLVED BY THE COMMISSION OF THE CITY QF MIAMI, PLORIDAI Section 1. It is most advantageous for the development of restaurant and marine service uses on the City -owned property located adjacent to 3601 Rickenbacker Causeway most cceennonly knwn as "Miami Marine Stadium", that the City procure from a private person the following integrated package: - Planning and design, construction, leasing and management. Section 2. The City Manager is hereby authorized to prepare a Draft Request for Proposals for a Unified Development Project for the development of the improvements as not forth in Section 1 herein above. Section 3. A Public Rearing for October 12, 1989, at IlitS A.M. to consider said RFP for a UDP for the development of restaurant and marine service uses on the City -owned land adjacent to the "Miami Marine Stadium" as specified herein above is hereby confirmed. Section 4. As required by the City Charter and City Code, the City Commission shall, at the conclusion of the Public Hearing, if disposed to proceed, authorise the issuance of a RFP, select a certified public accounting firm and appoint members of a r resew coswittee to evaluate proposals and render a written report to the City Manager. S'sction S. This Resolution shall become effective immediately upon its adoption. ma P --14 RP-80 9®- 449 13 rA4sFn AMD AOnPTFD thin loth JAy of Soptemt+er 1�b89, ATT RAI, I PRE►PAXID A" APPROVED BY t ew""eRs , 1. el,- CAiaf Assistant City Attorney LeSislation/ Special Projects DivtV%" VIER L. B A Z, k oR APPROVED AS TO FORM AkD CORRECTNESSt o rut Z CITY ATTORNEY $-15 fig--80.1 90- 449 APPENDIX C CITY OF MIAMI MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT ORDINANCE NO. 10538 �l 90- 449 qA t ^ont APPENDIX r J-88-1153 1/12/89 ORDINANCE NO. _11"Ea 1. AN ORDINANCE AMF.MF)ING CHAPTER 18, ENTITLED "FINANCE', OF THE. CODE OP THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REDEFINING THE TERM 'MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE AND DEFINING TILE TERM 'VENDOR" IN SECTION 18-68; REQUIRING IN SECTION 18-72 THAT THE GOAL OF AWARDING AT LEAST FIFTY-ONE PERCENT (51%) OF THE CITY'S TOTAL ANNUAL DOLLAR vOLUMF. OF ALL, PROCUREMENT EXPENDITURES TO MINORITY/WOMEN SMALL OUSINESSES BE APPLIED TO ALL CITY or MIAMI BIDS AND CONTRACTS; REVISING SECTION 18-73 TO PROVIDE THAT ALL CITY OF MIAHI INVITATIONS, REQUESTS AND/OR ADVERTISEMENTS FOR 9105, PROPOSALS, QUOTES. LETTERS OF INTEREST AND/OR QUALIFICATION STATEMENTS CONTAIN THE APPROVED MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION REQUIREMENTS PURSUANT TO CITY OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM; REQUIRING THAT ALL RESULTING AWARD AND/OR CONTRACT DOCUMENTS CONTAIN THE REQUIRED COMPLIANCE. FORMS RELATIVE THERETO; REVISING SECTION 18-73(5) TO EXPAND UPON THE AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY BIDS AND CONTRACTS; ADDING SECTION 18-76 AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO ESTABLISH THE REQUIRED ADMINISTRATIVE PROCEDURES TO INSURE COMPLIANCE WITH THE CODE; FURTHER, PROVIDING FOR RESOLUTION OF DISPUTES REGARDING WITHHELD PAYMENTS OF CONTRACTORS AND SUBCONTRACTORS AND FURTHER ADDING SECTION 18-77 DESIGNATING THE DIRECTOR OF THE OFFICE OF M/wBE AFFAIRS AS THE CITY OFFICIAL RESPONSIBLE FOR ESTABLISHING AND IMPLEMENTING MjWBE BID AND CONTRACT PARTICIPATION REQUIREMENTS, COMPLIANCE GUIDELINES, AND MONITORING AND REPORTING PROCEDURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 10062 dealing with Minority/Women Business Affairs and Procurement established the annual goal of procurinq/contracting fifty-one percent (51%) with minority/women owned and managed business enterprises; and WHEREAS, Administrative Policy Manual 4-86 (APM 4-86), issued October I, 1986, provides for the administrative implementation of Ordinance No. 10062; and WHEREAS, it has been determined that there is further need for legislative relief to obtain said goals, particularly as it r"ImtA4 to thq Ci.ty'" hid. r—p"sal. And contract prvca+aR And th4 resulting docur..ant" on A bid/contract by hid/contssct b.,rsir to achieve the annual goals; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIUAs Section 1. Section 18-69, is hereby amended in the following particulars.I ,Sec. 19-60. Definitions. For the purpose of this article, 'the following terms, phrases, words, and their derivations shall have the following meaningst ♦ Minority and women -owned AXp,11 business enterprise means a business enterprise in which at least fifty-one percent (511) of said enterprise is owned by Blacks, Hispenics or women whore management and daily business operations are controlled by one or more Blacks, Hispanics or Women and who etnvlov a mgym of twenty- vendor means any business entity providing goods, services or equipment to the City of Miami through a purchase, field or blanket order or contract.' Section 2. Section 18-72(a), is hereby amended by adding the following languages •(a) The objective of the City is to achieve a goal of awarding a minimum of fifty-one percent (511) of the total annual dollar volume of all procurement' expenditures to Black, Hispanic and women -owned small business enterprises to be apportioned as #o l lows Seventeen percent (171) to Blacks, seventeen percent (171) to Hispanics and seventeen percent (17%) to women; such goal shall died to all city Uds And contracts." Section 3. Section 18-73 is hereby amended by adding the following lanquages 'Sec. 19_73. Required statements for solicitations or ng_Ugr,s: required statements on contracts and awards. a. It irha,ll be`mandatpry for All Cites sollgi ations or notices lnvitina bids, mr000sals. quotes. jotters_ of interest and/or qualificattgns. IQ r,on,f.ajn the approved xegUirements for M/W.BE 1 words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. r- z uu - 8449 �eztt�ia�ta,on____�n.d__._i.o _hary��khe�s�`��czu�xenen�.a inc�aa��a�o.t_�.h�_._.�►�B�cQu�Gs�_emul��a�.s�.._ts�.�me A Into the ranuitino contratwtx--Ind/-QX--hJd tA.I=d tL,L It *hall be mandatory for all City contracts and/or procurement award documents to contain the followings A ♦ e (5) A requirement that each bidder, gr_pgaeer. gy xandgr, submit along with the bid or proposal an affirmative action plan (AAP). Any significant equity participants, joint venture participants, subcontractors, suppliers or other parties to the bid or proposal shall also be required to submit such plans. 1 • r I. 1 • 1= • 1 t• 1• • 1 • 1. 11• =1 •: it • 1 / • • 1 • : It • • ftl ' 1 •1 • 1=. •• It' 1 1' • 1.1 •tl• 1 1 1= ! •1 a •1 1= 11 I i • • • •1 • 1• Section 4. The following new Section 18-76 is added in its entiretyt '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, C— 3 10 5;38 90- 449 0 I The finance nspartsn1nt t" mandttt"d to i"titnto p>tyrent procedures which will Insure, In those Instmncer in which the M/NBE bid or contract requirem*.±nte result in contracts, subcontracts or joint ventures for M/4mt' that compensation provided pursuant thereto shall be in the form of a check made payable to the primary contractor, bidder or proposer, and (if appropriated jointly) to the minority/women business enterprise subconIxector or joint venture partner in an amount not to exceed the subcontracted or joint venture amount, batted 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 paymant of the primary contractor or bidder/proposer or the M/NBR, under the tome and conditions of the City contract or prucurament award document, compensation shall be withheld until ouch time as the dispute is resolved in accordance with the procedures eet forth in this Chapter for resolving such disputes. All Adminletrative Directors shall amend'their existing policies and procedures or to create such new ones as may be required to insure and report on compliance with all aspects of this article." Section S. The following new Section 10-17 is added in its entirety# "Sec. I8-71. Designation of the Director of the office of Minority/Women Business Affairs. The Director of the Office of Minority/women Bttsinese Affairs to designated as the official responsible for establishing M/WBE bid and contract/award requirements, creating and implementing compliance guidelines, monitoring compliance, resolving disputes, and reporting on all of the above to the City Manager." Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 7. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be effected. PASSED ON FIRST READING BY TITLE ONLY this 15th day of December , 19 9Q. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11th day of -.-January , 19 69. A MA Y FI 1 RA I City Clerk ,-•- cxlzr XAVIER L. SUAIkEg, Mayor 90-- 449 C-4 10538 TT � PREPARED AND APPROVED By$ r/� ^-- LINDA K. Kf.AR5O Aesistent City Attorney APPROVED AS TO FORM ANO CORRECTNESSI JOR tEZ Ator LKK/pb/bee/M424 90-- 449 to a 38 Ii lb t APPENDIX D CURRENT LESSEE LETTER OF COMMITMENT WNROtlHIlA rnSf W MARINA, INC., September 21, 1989 Mr. Herbert J. Bailey Department of Development City of !'Miami 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 RE: Proposed Restaurant at Virginia Key Marina Dear Mr. Bailey: The purpose of this letter is to confirm our willingness to negotiate on a fair market value basis with the City of Miami, or with a► successful bidder, the termination of our lease rights to the area where the proposed development is going to occur. Fair market value in this case will be relatively easy to be established based on historical revenues related to the development areas. In addition to direct revenue, we need to consider the expenses incurred in re -zoning this property and the length of time remaining on the lease that we are giving up. Again these two should be relatively easily determined. iyoumhave any questions, please call or write. y a - resident Virginia Key Marina ARZ/amp cc: Jack Luft 3501 Rickenbacker Causeway, Virginia Key/Miami, Florida 33149 (305) 351-3870' 90- 449 ai w w EXHIPIT I, * * * * * * * * * * * 4 r * * * * * * * * * * * * SKETCH OF P:OPERTY SURVEY 29 90- 449 ..3»:�.'�+�;OTC`s='¢-.'�i'-";2��'-'.4YM,' r.l, C .}_s .:f&, u. .:,a'::'-...rz ,-f' .... -•_ �' -_ '. n�:e,�, n < rk�. .k.e. r r.5a.... fi _ .. __' :. dc.e'.are.N:'Y,ui3M'!`..'r4�i�V':%.7-u'sr.-^�'�.N3 #�,ir.-e„d:., .��_.tA �i:A.�ri ,a�!...5r� 1 11 IJ, Ilil I Ill 111 �l ,I �l it l6 i it 111 ltl1I,IIIli 111 111 it iirI III I I�il11li 111Il ,l,. lill II IJII1I1I A 0 sari . Restaurant Site ►mow �= ,� J A (portion of Parcel 1-S) S MO�.RRI ....�►rr w • A tides► , e , - N • 1 if ts��,'t'1R p1• �(�( Y f 4 A00 l i Lao, .A� y x� ,moo •: ,C ILx y'`1 Parking Site • `19 rR ar Ri'11t • Parcel FAO r�s � . fkrdt. to � �ab�� �y�,�ri �;�� ! ram-•^ (. n RICKENBACKER CSWY i Q c1pyA•O"�'�e. 1 SURVEY OF PROPERTY EXHIBIT I 'l�I l l'IiPj ll 111"�'Illll� l'' �y+•P� I'Ilp� �l l�l III I�II11+111119"1I 1�� 1'1'I�lill?i llh�l l �II�� I�� � �� � ill' I III I � � �'II I ° I! II II I" II II ���ur�lE 11"�4slrli�^��li l��yI�II!il�lplI,�il�ll �1� � � , �r �rl fill �I II Pi iil S"- EXHIBIT II DECLARATION, PROFESSIONAL INFORMATION AND FINANCIAL DISCLOSURE FORMS Declaration Organizational Structure Proposer Partnership Statement or Corporation Statement Proposer's Financial Data Proposer's Experience Proposer's Questionnaire Proposer's Financial References• Proposer's Project References Proposer's Professional Consultants Experience of Proposer's Professional Consultants References of Proposer's Professional Consultants , Proposer's General Contractor or Construction Manager Experience of Proposer's General Contractor or Construction Manager Proposer's General Contractor or Construction Manager Questionnaire References of Proposer's Contractor or Construction Manager Proposer's Operational Manager Experience of Proposer's Operational Manager Proposer's Operational Manager Questionnaire References of Proposer's Operational Manager DIECLARATION, PROFESSIONAL INFORMATION, AND FINANCIAL, DISCLOSURE FORMS A proposal for the Unified Development that includes planning and design, construction, leasing, and management of the property shall not be considered unless all the information requested in the attached forms is provided by the proposer. Statements must be complete and accurate. Omissions, inaccuracy or misstatement shall be cause for rejection of a proposal. Statements and answers relating to each question on the attached forms may be answered on the page on which the; question is found or by 'attaching 8-1/2"011' supplemental sheets. 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 name of the form to which the supplemental material is applicable. Board -mounted illustrative drawings, not to exceed 30" x 40,11 shall 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 within the proposal submission and authorizes the release to the City of any and all information sought in such inquiry or investigation. If an independent architectural/engineering firm providing professional consulting services, general contractor or construction manager, and/or operational manager is to be involved, then the applicable forms must be completed for each such entity. 90- 449 DECLARATION Cesar H. Odio City Manager City of (Miami, Florida Submitted o 11990.:_ The undersigned, as proposer, declares that the only persons interested in this proposal are named herein, that no other person has any interest in this proposal or in the agreement of lease to which the proposal pertains, that this proposal is made without connection nor arrangement with any other person and that this proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares that he 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. The proposer agrees, if this proposal is accepted, to execute an appropriate lease agreement for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami, Florida, for the performance of all requirements to which this proposal pertains. The proposer states that this proposal is based upon the proposal documents and addenda, if any. Signature Name of Firm, Individual, or Corporation Signature i t e(Ti tle 90- 449 zI-i ORGANIZATIONAL. STRUCTURE In graphic form, provide the organizational structure of the development team indicating the proposer, the proposer's Professional consultants, general contractor or! construction manager, operational manager, and any subconsultants by name of firm or individual and areas of responsibility. II-2 90- 449 PROPOSER Name: address for purposes of notice or other communication relating to the proposal: Telephone No. The proposer is a Sole Proprietorship•( ); Partnership ( ); Corporation ( ); or In the event this entity is being formed •for the. sole purpose of Virginia Key Basin Property Unified Development Project, provide. information on the firm(s) and/or individual(s) that comprise this new entity on the attached "Proposer" forms. 11-3 90- 449 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 Nook 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. I7-4 90- 449 CORPORATION BTATEMERT If proposer is incorporated, answer the following: 1. When incorporated? 2. Where incorporated? 3. Is the corporation authorized to do business in Florida? Yes ( ) No ( ) 4. The corporation is held: Publicly ( ) Privately ( ) 5. If publicly held, how and where is the stock traded? 6. Dist the following: Authorized Issued Outstanding , (a) Number of voting shares: (b) Number of nonvoting shares: (c) Number of shareholders: (d) Value per share of Common Stock: Par $ Book $ Market $ 7. Furnish the name, title, address and the number of voting and nonvoting shares of stock held by each officer and director and each shareholder owning more than 5% of any class of stock. If more than 5% of any class of stock is held by one or more corporations, then each owner -corporation must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required. If said owner -corporation 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 financial' statement required for proposer 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 pages and If corporation type corporation name on said pages for identification purposes), furnish financial statement required for the individual or corporate guarantor, 11-5 90-r 449 PROPQSER'3 FINANCIAL DATA Proposer, owner -corporations of proposer, and any person or business entity guaranteeing the performance of the proposer shall attack a complete financial statement prepared in accordance with standard accounting principles, reflecting current financial condition. The financial report shall include balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Indicate which entities or persons shall be responsible for financing this project and demonstrate their track record for obtaining financing of projects of similar magnitude and.scope. II-6 90- 449 M PROPOSER'S EXPERIENCE Describe in detail the duration and extent of your business experience with restaurant facilities, marine -related facilities and other commercial development. Also, state in detail the names and pertinent experience of the persons who will be directly involved in development of this project and operational management of the facilities. List the naves and locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by you. In addition, please include photographs or other illustrative material depicting projects that will demonstrate your ability to complete a quality development. The name and address should be given for each project identified as well as persons familiar with the development who will respond to inquiries from the City. You should also identify your specific role in each project. II-7 90- 449 PROPOSER'S QUESTIONNAIRE Surety Information Has any surety or bonding company ever been requir4d 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. Bankruptey Information Have you ever been declared bankrupt? Yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. Pending Litigation Provide attached sheets detailing information regarding pending litigation, liens, or claims involving any participant in the proposal. U-8 90-- 449 PROPOSER'S FINANCIAL REFERENCES List three banks or mortgage companies 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. Reference No. 1 Name: Firm: Title: Address: Telephone: Description of business transactions. If loan, give date, amount, type, repayment history and other comments. Reference No. 2 Name: Firm: Title: Address: Telephone: Description of business transactions. If loan, give date, amount, type, repayment history and other comments. xI--9 PROPOSER'$ FINANCIAL REFERENCES CONT. Reference No< 3 Name: _ Fi rm: Title: Address: Telephone: Description of business transactions. If loan, give date, amount, type, repayment history and other comments. 90-- 449 zx-'10 PROPOSER'S PROJECT REFERENCES List three persons or firms with 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: Ti tle: Address: Telephone: Nature and magnitude of business association: 90- 449 PROPM ER"S PROJECT REFERENCES CONT. Reference No. 3 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: I I-12 90- 449 PROPOSER"S PROFESSIONAL CONSULTANT3 NOTE: if more than one firm is to be Involved in providing professional consulting services, then a separate form shall be completed for each firm. Professional consultants shall be licensed to practice in the State of Florida. Names, address and telephone number of professional consulting firm; Name Street Address Mailing Address City, State, Zip Code Telephone Number Professional discipline (i.e. architecture, landscape architecture, engineering, etc.) and State of Florida professional registration number: Discipline Registration Number Discipline Discipline Registration Number Registration Number Names of principals and their titles who will be chiefly responsible .for the design and engineering of the Virginia Key Basin Project.. Name Name Name Title Title Title ==�13 PROPOSFR`S PROFESSIONAL CONSULTANTS CONT. Names, addresses and telephone number of other design and enginFarina suhcnnsultants who will have a major role in designing the Virginia Rey Basin Project. Name of firm Street Address Mailing Address City, State, Zip Code Telephone Number Name of Contact Name of Firm Street Address Mailing Address City, State, Zip Code Telephone Number Name of Contact 11-14 90- 449 EXPERIENCE OF PROPOSERS PROFESSIONAL CONSULTANTS !NOTE: If more than one firm is to be involved in providing professional consulting services then a separate form shall be completed for each firm. Describe in detail the extent of your experience with special emphasis upon ACE experience related to restaurant and marine - related faci.lit_Les_development of similar magnitude and scope as the proposed Virginia Key -Basin Project. r. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please include photographs or other illustrative material depicting projects that will demonstrate your qualifications to design a quality development for the project. The name and address should be given for each 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. 90-- 449 REFERENCES OF PROPOSERS PROFESSIONAL CONSULTANTS NOTE: If more than one firm is to be involved in providing professional consulting services then a separate form shall ' be completed for each firm. 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: 3l--ls 90— 449 Ij v PROPMER"S GENERAL CONTRACTOR OR CONSTRUCTION MANAGER Name, address and telephone number of general contractor or construction manager: Name Street Address ai ing Address City, State, Zip Coda Telephone Number General Contractor License No.: Specify: Mate of Florida County IZ-17 90- 449 XPERIENCE OF MroSER'S GENERAL CONTRACTOR OR CONSTRUCTION Describe in detail the duration and extent of your experience with Special emphasis upon experience related to restaurant and marine - related commercial facilities developments of similar magnitude and scope as the proposed Virginia Key Basin Project._ 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 to construct a quality development for the -Virginia, Key Basin -Project. The name and address should be given for each 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. rz—ls 99— 449 PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION HAWAGER QUESTIONNAIRE Surety_Information Has any surety or bonding company ever been requir6d 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. Bankruptay Information Have you ever been declared bankrupt? Yes ( ? No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. Pending Litigation Provide attached sheets detailing information regarding pending litigation, liens, or claims involving any participant in the submission. 90- 449 xz-19 LI REFERENCES OF PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTIO U. l List two persons or firms with 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: 90- 449 II-20 PROPOSER'S OPERATIONAL MANAGER MOTE: It more than one firm is to be involved in providing operational management services (i.e. one firm operating/ managing the proposed restaurant and another firm _ operating/managing other types of uses proposed), then a separate form shall be completed for each firm. Name: Street _ Address: Mailing Address: Telephone: ( ) Names of principals and their titles who will be chiefly responsible for operational management of the proposed project. Name Title Name Title Name i t1e Names, addresses, and telephone number of other management contractors who will have a major role in the operational management of the project. Name of Firm reet Address Mailing Address Zip Code elephone Number Name of Principal Contact Name of Firm Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact 9a- 449 Ll EXPERIENCE STATEMENT OF PROPQSEV 3 OPERATIONAL MANAGER NOTE: if more than one firm is to be involved in providing operational management services (i.e. one firm operating/managing the proposed restaurant and another fires operating/managing other types of uses proposed), then a separate form shall be completed for each firm. Describe in detail the duration and extent of your operational management experience with particular emphasis upon restaurant experience and/or commercial marine --related facilities. Also, state in detail the names and pertinent experience of the principals who will be directly involved in operating and managing the restaurant and/or other types of uses proposed. In addition, please include photographs or other illustrative material depicting projects that will demonstrate your qualifications to operate and manage of uses proposed at the Virginia Key and address should be given for each for persons familiar with similar respond to inquiries from the City. specific role. II-22 a restaurant and other types Basin Project..-r' The name project identified as well as facilities managed who could You should also identify your, 90- 449 PROPOSER'S OPERATIONAL MANAGER QUESTIONNAIRE NOTE: If more than one firm is to be Involved in providing operational management services (i.e. one firm operating/managing the proposed restaurant and another firm operating/managing other types of useA proposed), then a separate foray shall be completed for each fire. Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever been declared bankrupt? Yes ( ) No ( ) If yes, 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. IT-23 90- 449 REFERENCES OF PROPO DER "S OPERATIONAL MANAGER NOTE: If more than one firm is to be involved in providing operational management services (i.e. one firm operating/managing the proposed restaurant and another firm operating/managing other types of uses proposed), then a separate form shall be completed for each firm. List two persons or firms with whom you have managed projects during the past three years. Reference No. 1 Name: Firm: Ti tle: Address: Telephone - Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: 1I--24 90-- 449 --1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members T° of the City Commission FROM: Cesar H. Odio City Manager RECOMMENDATION: DATE : MAY Y 2 9 1990 FILE Resolution Authorizing suEUECT : the Issuance of a UDP/RFP for "Virginia Key Basin Property". REFERENCESFor June 7, 1990 City Commission Meeting ENCLOSURES. It is respectfully recommended that the City Commission adopt the attached Resolution, with attachment, authorizing the City Manager to reject the proposals submitted in response to the Virginia Key Basin Property Request for Proposals issued January 26, 1990 and authorizing the issuance of a Unified Development Request for Proposals (RFP) on June 21, 1990, in substantially the form attached, for the development of a restaurant and marine service uses, on City -owned property adjacent to 3601 Rickenbacker Causeway, more commonly known as the "Virginia Key Basin Property"; selecting a certified public accounting firm and appointing members to a review committee to evaluate proposals and report findings to the City Manager as required by the City Charter and Code. BACKGROUND: The Department of Development and Housing Conservation, Development Division recommends that at the conclusion of the Public Hearing, for the unified development of the "Virginia Key Basin Property", the City Commission authorize the issuance of a RFP, select a certified public accounting firm and appoint members of a review committee to evaluate proposals and report findings to the City Manager as required by the City Charter and Code for this Unified Development Project. On September 14, 1989 , the City Commission adopted Resolution 89--771 determining that for the development of restaurant and marine service uses, on City -owned property located adjacent to 3601 Rickenbacker Causeway, more commonly known as the "Virginia Key Basin Property", it is most advantageous for the City to use the Unified Development Project process. On January 11, 1990 the City Commission authorized the issuance of a Unified Development Project request for proposals for the development of a restaurant and marina service uses for Virginia Key Basin Property. m 09 1 Honorable Mayor Members of the Page 2 11 and City Commission 11 On April 27, 1990 the City Clerk's office recorded receipt of three (3) responses to the Request for Proposals. It was determined by the Law Department that one of the responses did not conform with the RFP (see attached memorandum) and does not constitute a written proposal in accordance with City Charter Section 29-A for Unified Development Projects. Accordingly, only two proposals were received for this project. It is therefore recommended that the project be rebid by issuing the attached RFP. Due to the nature of the proposed project and the uses the City is seeking for the site, it is desirable that the City, as defined in the City of Miami Code Section 18-52.9 and in accordance with Section 29-A(c) of the City of Miami Charter, procure from a private person the following integrated package: - Planning and design, construction, leasing and management. Charter Section 29-A(c), requires that the City Commission hold a Public Hearing to consider the contents of the Request for Proposal (RFP). The Public Hearing has been set for the June 7, 1990, City Commission Meeting at 11:00 a.m. and has been duly advertised. At the conclusion of this Public Hearing, the City Commission, if disposed to proceed, authorizes the issuance of a RFP for this UDP, selects a certified public accounting firm and appoints members to a review committee to evaluate proposals and render a written report to the City Manager. The certified public accounting firm of Sharpton Brunson and Company in association with Aldo Lastra, Inc. is recommended as the CPA firm for this project. This firm was previously selected by the City Commission to evaluate proposals for this project. The following individuals, four representatives of the public and three City employees, are recommended for appointment to the _r 2 90- 449 Honorable Mayor Members of the Page 3 and City Commission review committee that will evaluate forthcoming proposal submissions and render a written report of its findings to the City Manager: MEMBERS OF THE PUBLIC Jose Arellano Robert Zullo, Esq. President Operation Manager Miami Rowing Club Firehouse Four Restaurant Charles Ankrum Commodore Power Boat Racing Assoc. CITY EMPLOYEES Dick Briggs Director Marine Council Ana Gelabert Adrienne Macbeth Planning Department Office of Minority, Women & Business Albert Ruder Affairs Parks, Recreation & Public Facilities Department The following reflects the anticipated Unified Development Project Schedule for the "Virginia Key Basin Property" located adjacent to the Miami. Marine Stadium. Issuance of Request for Proposals June 21, 1990 _= Proposal Pre -Submission Conference July 10, 1990 Location: Dept. of Development 10:00 a.m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida Proposal Submission Deadline September 21, 1990 Location: Office of the City Clerk 2:00 p.m. Miami City Hall 3500 Pan American Drive r Miami, Florida CPA Firm Evaluation of Proposals September - October 1990 90- 449 3 11 Honorable Mayor and Members of the City Commission Page 4 Review Committee Meeting Review Committee Interviews with Qualified Proposers Recommendation from the Review Committee and CPA Firm to the City Manager Recommendation from the City Manager to the City Commission for Selection of a Proposer September - October 1990 October 1990 October 1990 November, 1990 It is recommended that the attached Resolution be adopted, in its entirety, authorizing the RFP be issued on June 21, 1990 with proposals due September 21, 1990. Attachments: Proposed Resolution Draft RFP * 4 94e 449 M 11 TO F Fl n "J'. THE HONORABLE MIRIAM ALONSO COMMISSIONER XATTYAI City Clerk i June 8, 1�40, kilF�1 Item_29 _SRggO_44�3Z �assed_�rne_�t,1996 During yesterday's meeting (June 7, 1990) and while discussion of agenda item 29 (namely, consideration of a proposed Resolution to approve rejection of proposals and authorizing issuance of the Virginia Key Basin Property Unified Development Request for Proposals for the development of restaurant and marine service uses at the Virginia Key Basin Property), both you and Commissioner Plummer had initially voted "no" on roll call for approval of the item, as presented. Immediately thereafter, Commissioner Plummer stated on the record that he would vote for the item subject to a one -week lapse of time within which any City Commissioner could veto passage of said Resolution, at which time, the item would automatically be sent back to the Agenda Office' for placement on the next Commission agenda for reconsideration by the City Commission. At that point in time, Commissioner Plummer, on the record, changed his prior negative vote and voted to approve the item subject to the above -cited time parameter within which to exercise the veto. I then asked my Assistant (Walter Foeman) to personally come to you to explain what had just taken place since, at the time, you were distracted talking to a member of the Administration. You expressed to Mr. Foeman that given you all had one week in which to object, you would also change your vote to "yes." You further looked at me and nodded, in consent. The purpose of this memorandum is only to memorialize and have you confirm our recollection of this event, given that there was no formal statement by you, on the record, changing your vote. If still in agreement, kindly so indicate by signing in the space provided hereinbelow. Thank you. Comm i sioner Miriam Als�n MH:sl