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HomeMy WebLinkAboutR-90-0049J-89-947 1/3%90 RESOLUTION NO. 90-0049 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE ISSUANCE OF A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS (RFP) ON JANUARY 26, 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, MIAMI, FLORIDA, 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, 1989, by Resolution No. 89-804, the City Commission determined that for the development of restaurant and marine service uses, on City -owned property adjacent to 3601 Rickenbacker Causeway, Miami, Florida, more commonly known as the "Virginia Key Basin Property", it is most advantageous for the City to use the UDP process to acquire the following integrated packages - Planning and design, construction, leasing and management; 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 (RFP); 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 shall 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 tsanager; and CITY COMMISSION MEETING OF JAN 11 WHEREAS, pursuant to the said Resolution a public hearing - has been held on January 11, 1990 at 11:10 A.M. to consider the above actions; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: _ Section 1. The City Manager is hereby authorized to issue a Request for Proposals'l/ on ,January 26, 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, Florida, more commonly known as the "Virginia Key Basin Property" and more particularly described in the RFP. Section 2. The certified public accounting firm of Sharpton 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 3. 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 Robert Zullo, Esq. President Operation Manager Miami Rowing Club Firehouse Four Restaurant Charles Ankrum Commodore Power Boat Racing Assoc. Ana Gelabert Planning Department Albert Ruder Parks, Recreation & Public Facilities Department Dick Briggs Director Marine Council Adrienne Macbeth Office of Minority, Women & Business Affairs The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not: limited to those prescribed by applicable City Charter and Code provisions. --2� Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this lith day ofJanuary , 1990. t K20�i4 VIER L. SUAREZ, MAYOfr A s Y HIRAI, CITY CLERK PREPARED AND APPROVED BY: / l/ C r LINDA K. KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -3- f tF12ATF1 I REQUEST FOR PROPOSALS FOR THE UNIFIED DEVELOPMENT d OF THE VIRGINIA KEY BASI11T PROPERTY MIAMI, FLORIDA (located adjacent to and immediately west of Miami Marine Stadium on the southerly shoreline of the Marine Stadium Basin) January 26, 1990 CITY OF M Alti I Xavier L Suarez, Mayor Miller J. Dawkins, Vise Mayer Dr. Miriam Alonso, Commissioner Victor De Yurre, Commissioner J.L Plummer, Jr., Commissioner Cesar H. Cklio, City Manager Jorge L Fernandez, City Attorney Prepared by: Department of Development & Housing Conservation b Development Division 300 Biscayne Blvd. Way, Suite 400 Miami, Florida 33131; Tel. (305) 372-459=0 Proposals Due: 2:00 p.m., Friday, April 27, 1990 Location: City"s Clerk's Office, Miami City Hall 3560 Pan American Drive Miami, Florida 33133 Q t1l of �Ifinlni, a Ta XAVIER L, SUARE7 MAYOR Gentlemen: P. 0. Box 330708 MIAMI. FLOPIDA 33933-0709 305 - 579 - 6010 January 26, 1990 Thank you for your interest in the Unified Development of an approximately 2.88 acres City -owned site located adjacent to and immediately west of Miami Marine Stadium on the southerly shoreline of the Marine Stadium Basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property." Enclosed is the City of Miami's Request for Proposals (RFP) that details the project's goals and proposal submission requirements, significant project reports and pertinent legal and obligatory documents. Responses to this RFP are due no later than 2:00 p.m., Friday, April 27, 1990. The City retains the option to require a more extensive and detailed submission prior to final selection of a developer should the selection process warrant a second stage review, as well as the right to reject all proposals through and including up to the time the City Commission selects a proposer and approves the execution of a lease agreement. Please carefully review all of the enclosed documents. Proposals must comply with all requirements detailed in the RFP to be eligible for consideration. 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 or during the Unified Development Project evaluation process. All information and material submitted will be carefully analyzed and independently verified. Proposals must present a definitive development program; project definition, site plan and design concept; development and implementation schedules, financial strategy, management plan and respecting all requirements of this Request for Proposals to form the basis for selection by the City. 90- 0049 Contact with City employees, except for public hearings and presentations, regarding this project or any aspect of a proposal by a proposer or any representative of a proposer shall be limited to the City Manager or his designee, Herbert J. Bailey, Assistant City Manager, and City staff assigned to this project. Discussion of any aspect of a proposal with City staff not so designated, City agencies, members of the appointed review committee or the accounting firm selected to evaluate proposals may disqualify a proposer in the sole and exclusive discretion of the City Manager. Written and oral discussions between the City Manager, his designee or City staff assigned to this project and offerors who submit proposals may be conducted, but proposals may be accepted as submitted without such discussions. All questions or requests for additional information should be addressed in writing to Herbert J. Bailey, Assistant City Manager, City of Miami, Department of Development, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. Any response that could potentially impact proposals will be furnished to all offerors in the form of an addendum. The City will conduct a Proposal Pre -Submission Conference on Wednesday, February 7, 1990 at 10:00 a.m. at the Department of Development, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are invited to attend. Proposals must be delivered to Matty Hirai, City Clerk, (First Floor Counter), City Hall, 3500 Pan American Drive, Miami, Florida 33133 by no later than 2:00 p.m., Friday, April 27, 1990 and will be publicly opened on that day. Si nc ely, Cesar H. Odio City Manager 90-0049 'FABLE OF CONTENTS Page I. PUBLIC ...................... 1 II. PROJECT OVERVIEW A. Summary ............... .......................... 2 Figure 1. Regional Location Map .............. 3 Figure 2. Area Location Map .................. 4 B. Site Location ................................... 5 Figure 3. Project Location Map ............... S C. Project Parcel Description ...................... 5 D. Unified Development Project Schedule............ 7 III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS A. Unified Development Projects .................... 8 B. Commitment of Funds ............................. 8 C. Commitment of Property .......................... 8 D. Commitment of Services .......................... 9 E. Execution of Contracts .......................... 9 F. Right of Termination.......... .................. 9 G. Definition of Uses .............................. 9 IV. PROPOSAL DEVELOPMENT CONSIDERATION'S A. Development Objective ........................... 10 B. Termination of Existing Leases and Restaurant Operations ...................................... 10 C. Lease Term ...................................... 11 D. Annual Lease Payment ............................ 11 E. Use ..................... ........................ 11 F. Adjacent Property Consideration ................. 11 G. Site Improvements ............................... 11 H. Parking ......................................... 12 I. Permitting ...................................... 12 J. Architectural Treatment of Improvements......... 12 K. Estimated Construction Costs .................... 12 L. Project Financing Strategy ...................... 13 M. Development Schedule ............................ 13 N. Method of Operation ............................. 13 O. Minority Participation .......................... 13 P. Contract Terms .................................. 13 V. PROPOSAL FORMAT A. Credentials ..................................... 15 B. Project Proposal ................................ 16 C. Additional Requirements......................... 16 VI. EVALUATION CRITERIA A. Review Committee Evaluation Criteria............ 18 B. CPA Firm Evaluation Criteria .................... 20 TABLE OF CONTENTS ( CONT' D . ) VII. TERMS AND CONDITIONS TO BE CONSIDERED IN THE TEASE AGREEMENT A. Authorization ................................... 21 B. Terms and Conditions ............................ 21 VIII. PROPOSAL SUBMISSION PROCEDURES ......... ....... o... ..: 26 APPENDIX A. Virginia Key Master Plan Development Concepts APPENDIX B. City of Miami Charter and Code Sections; Referenced Legislation APPENDIX C. City of Miami Minority and Women Business Affairs and Procurement Ordinance No. 1.053E APPENDIX D. Current Lessee Letter of Commitment EXHIBIT I. Sketch of Property Survey EXHIBIT II. Declaration, Professional Information and Financial Disclosure Forms I. PUBLIC NOTICE The City of Miami is inviting interested parties to submit Unified 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 the 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, February 7, 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, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Friday, April 27, 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 y. 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 511 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. Minority and women vendors who are interested in submitting bids and wro 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 fi . Od io City Manager 90��� a Adv. #318 so"itux WW t9 'Y7 --I 11 0 11. PROJECT OVERVIEW A. Summary The City of Miami is extending invitations to qualified and experienced developers to submit proposals for development of a restaurant and marine -related or dependent commercial and recreational uses on approximately 2.88 acres of waterfront land on Virginia Key along the Marine Stadium Basin shoreline. The City - owned parcel is located between the Miami- Marine Stadium, a public facility operated by the City of Miami, and a boat ramp and dry rack storage facility operated privately as 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 owned 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) and scheduled a Public Hearing for October 12, 1989 that was continued to January 11, 1990 to take testimony regarding the Request for Proposals and to authorize issuance of the RFP. At the conclusion of the Public Hearing on January 11, 1990, the City Commission adopted a resolution 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 uriCar a property lease agreement with the City of Miami. 2 IE 1 -1 FIGURE 1 IEGIONAL CATION 4b - v FIGURE 2 a B. 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 1987, 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 56'49" 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 5 90-0049 90--0049 .� 4 f r .. !'.s°sL' 'RL5 , ., '�eA:+��. Y '• . y .• �+..'�? � A�"I�' - - -+� ^'^ - . .a'*:..: , :.�;' yMIAMI 9n@ie� CITY ww �. LIMITS .1 a p PAR(r'0F.- jA PARCEL 1-B_ - - - ,� �.. r °. '�Ra •,kC0U1� T Y.-:., -,. .y MIAMI MAA. STADIUM_ PROK t� r p 4t REsf ANT SITE66, r exlstin a��..�a. :;w F xr $S au.ran -aliOF PA4RCEt,, 6 4 , s ►+ ' Phi O P 4 S E •"�' „�x� ° we �..� ,RING f .+,: y�`J. - -, (axIstIn9 boa# Ito r as $) -� is ��• ��L '• - 'Y.n��.n,„--"!_� ` , _. .�_- �. SITE LOCATION MAP the south line of said section 17, N 89 degrees 56' 17" W 2,649.84 feet to its intersection with the centerline of Rickenbacker Causeway as shown on the Plat of the Metropolitan Dade County Bulkhead tine as recorded in Plat Book 74 at Page 9 of the Public Records of Dade County, Florida; thence along said centerline N 45 degrees 22' 07" West 2523.0 feet to a point, thence N 44 degrees 37' 53" East 241 feet feet to the Point. of Beginning of the herein described tract of land; thence N 44 degrees 37' 53" West 180 feet to a point, thence S 45 degrees 22' 07" West to the Point of Beginning. Containing 2.27 acres more or less. 4. Area: Restaurant/Marina Services - 1.110 acres Parking - 1.774 acres (not counting southeasterly 120 .feet of Parcel B to remain as Stadium entrance). 5. Zoning: Restaurant area - BU-lA (Metropolitan Dade Co.) Parking area - GU (Metropolitan Dade Co.) 6. Present Use: Restaurant area - vacant Parking area - boat and miscellaneous storage 7. Existing Improvements: none 8. Water Frontage: Approximately 280 linear feet D. Unified Development Project Schedule (Anticipated) Issuance of Request for Proposals Proposal Pre-Subirtission Conference Location: Dept. of Development 300 Biscayne Blvd. Way Suite 400 Miami, Florida 33131 Proposal Submission Deadline Location: office of the City Clerk Miami City Hall 3500 Pan American Drive Miami, Florida 33133 CPA Firm Evaluation of Proposals Review Committee Meetings 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 January 26, 1990 February 7, 1990 10;00 a.m. April 27, 1990 2:00 p.m. April - June 1990 April - June 1990 April - June 1990 June 1990 July 1990 0 LA III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS A. Unified Development Projects The City of Miami Commission has determined that for the development of improvements sought by this Request for Proposals, it is most advantageous to the City that the City procure an integrated package including planning and design, construction, leasing, and management from a private person, as provided for in the City of Miami Charter Section 29-A. (c) and defined in the City of Miami Code Section 18- 52.9 for Unified Development Projects, incorporated herein by reference and included in Appendix B. B. Commitment of Funds 1 . City The City shall provide no direct or indirect financing to the development. 2. Successful Proposer The successful proposer is required to provide equity and debt capital adequate to finance all aspects of the proposed Unified Development of the property. The successful proposer shall provide funding for the purchase of remaining leasehold rights in the subject sites and for compensation to the operator of the existing adjacent restaurant operation for its removal (see section IV.B.). The successful proposer shall provide funding for the improvement of the adjacent public site to enhance its public use (see section IV.F.) The successful proposer shall provide funding to reimburse the City for direct costs incurred in evaluating all proposal submissions, including, but not limited to advertising, printing, appraisal fees and the professional services cost of a certified public accounting firm selected by the City Commission. C. Commitment of Property The City will enter into a property lease agreement with the successful proposer for the parcels particularly described in Section II.C.3. The proposed term of the lease agreement shall be negotiated to compliment the financing strategy and/or the depreciation schedule. The lease agreement will be structured to provide the City with an annual rental payment that is comprised of a minimum annual guaranteed rent and a percentage of gross revenues (refer to Section IV.C.). City owned property is held in public trust and cannot be mortgaged or subordinated in any way as a part of the lease agreement. j All leasehold improvements shall revert to the City, in which fee simple title shall vest, upon the expiration of the lease term. 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. The City is prohibited from favorably considering any lease of property, unless, among other things, there shall have been at least three written proposals received from prospective lessees (refer to Section VII.B.3.). D. Commitment of Services Services such as police and fire protection, equal to those provided any private development within the City of Miami, shall be provided by the City. All additional security, etc., shall be the responsibility of the developer. As required by subsection (5) of City Charter Section 29-A(c), "substantial increase" shall be defined as a 10% increase to the City's proposed commitment of funds, property and/or services and "material alteration" shall be defined as failure to comply with all aspects of the proposal except as specifically permitted in writing by the City Manager. F. Execution of Contracts All contracts for Unified Development projects shall be signed by the City Manager or his duly authorized designee after approval thereof by the Commission. The provisions of Charter Section 29- A(c) shall supersede any other 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 Development projects shall entitle the City Commission to terminate the contract after a public Nearing. 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 in part the advisability of exercising that right. The City shall have no liability with regard to its 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. 9 90-0049 IV. PROPOSAL DEVELOPMENT CONSIDERATIONS Respondents to this invitation are advised that the following factors must be considered and adhered to in the development of project proposals and will be critically evaluated. A. Develorment Objective Proposals must meet the City's development objective seeking the most active and productive commercial use of the site related to waterfront activities for which this portion of Miami's Marine Stadium basin waterfront is reserved. The project shall include a restaurant as its principal use and is strongly encouraged to include other water -dependent or water -related commercial and recreational uses permissible under BU-IA zoning (Metropolitan Dade county Code). Improvements shall be responsive to the character, environmental and design factors inherent to the Miami Marine Stadium Basin and the site. Aesthetics of the development will 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 setting. 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 to enhancing the general public's increased visual and physical accessibility to the basin. It is a primary objective of this 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 B and convert the area to needed automobile parking. B. Termination of Existing Leases and Restaurant Operations The successful proposer must, prior to execution of execution of a —j lease agreement for the project site, successfully negotiate with the current lessee the purchase of remaining leasehold interests in the project site, and must nogotiate 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"). A binding written commitment of the existing adjacent restaurant operator and restaurant site lessee to cease restaurant operations at the existing site and remove the restaurant structure within 30 days of the opening of the new project restaurant shall be provided by the successful proposer as a condition of the project lease. Failure 10 90--0049 go-- i49 0 proposer, prior to lease negotiations with the existing leasehold interests in the project site binding written committment to eliminate the t shall cause termination of this project. .e of the project site has agreed to negotiate in n an appraised fair market value, the sale of the id interests in the site to the successful radix D. - Current Lessee Letter of Commitment). se agreement to be executed between the City and -oposer shall be negotiated to compliment the and/or the depreciation schedule. anent irn to the City for lease of the property shall annual guaranteed rental payment of $200,000, negotiated by -out of the existing leasehold arcentage of gross revenues throughout the lease greater. ted in a zoning district intended for general s and government uses. responding to this Request for Proposals, the the waterfront r.1roperty (portion of parcel 1-B) -ant oriented to the waterfront and recreational edge. Accessory uses that may be realistically site, in addition to its principal uses, include trine and recreational service uses permissible In addition, floating docks for the temporary ional boats seeking access to the restaurant and ay be installed within the adjacent embayment sever, such docks are permitable under applicable -egulations for such structures and all required ied by the lessee. The sole use of the inland R) shall be for public parking to serve the special events at the Miami Marine Stadium. cty Consideration rant site and the Marine Stadium facility exists of vacant, unimproved public shoreline. It is tion that the successful proposer shall fund and .s to this area for a depth from the shoreline of feet, that will enhance the publics use and t. Such improvements may consist of walkways and tture of which shall be reflected in the proposal area is not a part of this R.F.P.'s leasehold 11 f)O 49 0 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. 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. Parking 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. 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. I. 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. J. Architectural Treatment of Improvements Development of improvements shall be 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 seek an architecture 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. K. 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. 12 L. 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 purchase of existing leasehold rights and compensation of the existing restaurant operator for loss of lease, building and equipment. M. 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. N. Method of Operation The operation of the entire proposed development shall be described. The description must include an organizational chart, job descriptions of key positions, brief outline of operating procedures, how and where the development will be advertised, indication of which businesses are intended to be operated by proposer and which businesses are intended to be subleased or to be operated under a management contract. If independent management services are to be involved, then the applicable forms included in Exhibit II. of this document must be completed by management contractors. In the event the proposer is not the restaurant operator, the independent and experienced restaurant operator Faust be a member of the proposer's team and must complete all applicable forms included in Exhibit II. 0. Minority Participation Respondents will be required to comply with all applicable federal, state and local affirmative action and minority procurement legislation and regulations, including City of Miami ordinance No. 10538 (Appendix C). Minorities are expected to be an integral part of the development team, participate substantially in construction contract and jobs, and comprise a significant part of the permanent management team, as well as all businesses and work force created by the development. For the purpose of proposal evaluation, significant minority participation shall be defined as 17% black, 17% hispanic, and 17% female. 13 w P. 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. 14 .0. 8: 11 V. PROPOSAL FORMAT Proposals submitted in response to this invitation must include the following information: A. Credentials I. 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): I. 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 II. 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. s 94—{04 9 a L] B. Project Proposal 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 S. 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 8. 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 of this document. 16 90-0049 3. Letters of commitment .from financial institutions docu- menting the proposer's ability to finance all aspects of the proposed development. 4. betters .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. 17 VI. EVALUATION CRITERIA Review procedures and the selection process are set by City Charter and Code of which applicable excerpts are included in Appendix B. of this document. The City of Miami Commission, consisting of five elected officials, including the Mayor, will select the successful proposer based on the recommendation of the City Manager. At a public hearing held October 12, 1989 and continued to January 11, 1990, 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 ........................15% 2. Capability of the development team................15$ 3. Financial capability, level of financial commitment .................................... ...20% 4. Financial return to the City......................20� S. Overall project design ............................20% 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: I. 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, 18 90-0049 90- 49 .J "7 °'"' - s 2. Capability of the Development Team (15%) (a) Composition of the development team (b) Professional qualifications of team members, project managers, and consultants (c) Specific capability and range of experience in scope, complexity and adequacy of personnel to successfully undertake and complete this project for the types of uses proposed (d) Good past performance in project administration and in cooperation with former clients (e) Ability to meet time schedules and budget (f) Quality, organization and experience of opera- tional management team (g) Method of providing restaurant operation including type and quality of food preparation service, hours of operation, advertising and promotion plans (h) Method of providing operation and maintenance of other types of uses proposed 3. Financial Capability, Level of Financial Commitment (20%) (a) Demonstrated financial capability of the proposer to successfully undertake and complete this project (b) Proposer's track record of financing projects comparable in magnitude and scope sufficient to successfully finance this project (c) Financing strategy (c) Access to construction and permanent financing (d) Development schedule 4. Financial Return to the City (20%) (a) Annual lease payment including a guaranteed minimum annual rental payment and a percentage of gross revenues for the duration of the lease term. (b) Dollar value, extent and timing of capital improvements 19 90-°1)049 9 .49 (c) Any additional financial benefit to the City 5. Overall Project Design (20%) (a) Fulfillment of the City's established development objective (b) Appropriateness and quality of the design as related to its setting on Biscayne Bay (c) Appropriateness and quality of the design as related to the scale, massing, materials, and finishes of the types of uses proposed (d) Efficiency of site design and organization, mix and compatibility of types of uses proposed (e) Imaginative and creative treatment of architec- tural and site design of public access to and design of the water's edge, public spaces, exterior spaces, 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. 20 90-0049 = 90-U049 VII. TERMS AND CONDITIONS TO BE CONSIDERED Ili THE LEASE AGREEMENT A. Authorization Upon authorization of the City Commission, the City Manager or his designee shall negotiate all aspects of a lease agreement 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 29-8 (included in Appendix B) 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. CJ +. 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, than, 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 22 9OM-10049 Fir 9. Design, Engineering and Construction. of Tmprovements Description of Improvements Developer's Obligation to Construct Improvements Submission of Construction Documents Review and Approval of Construction Documents Changes in Construction Documents Submission for Building Permit Contract(s) for Construction Conditions Precedent to Commence Construction Commencement and Completion of Construction Improvements Progress Reports Payment of Contractors and Supplies Cancellation or Discharge of Liens Filed Construction Coordination 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 23 } 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 - 24 90 49 3 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, r 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 la,4 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. 22. 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 Laws 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. 25. Miscellaneous As applicable 25 . .III ,.. VIII. PROPOSAL SUBMISSION PROCEDURES 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 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"xl1" bound format and one set of board - mounted illustrative drawings are required to be submitted by: 2:00 p.m., Friday, April 27, 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, April 27, 1990 or at any other City of_Eice 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. 26 90-00 `9 `3 1 Matins sadiu - as itfglaes" aoeta facility. MARINE RECREATION The unique dimensions of Virginia Key that distinguish it from other public lands and recreation space in the region are its extraordinary natural environment, its bay setting and urparalleled access by water for marine recreation programs. The following land use policies reflect the goal of optimizing the island's marine recreational opportunities: 1) MARINE STADIUM AND BASIN The future of powerboat racing in Miami is uncertain, but has enjoyed some renewed interest with the recent surge in recreational motorboat sales. Given this uncertainty, there has been consideration of transforming all or a part of the basin into a marina and mooring basin for sailboats. Projected demand for boat slips (1986 Biscayne Bay Aquatic Preserve Management Plan) shows need for an additional 1000 wet and dry slips (beyond those now planned) by the year 2000. South Biscayne Bay is a desired location for new slips making Virginia Key an attractive location. It is, however, recommended that the basin be kept open (not converted to a marina or mooring basin) and available for marine competitive boating events and water ghouls. The recent three year decline in sailboat sales and contrasting rise in South Florida Seaquarius, it is recommended that a private management/promotion service '.e contracted to operate the stadium. Stadium management should join with the Seaquarium to better schedule events and gain advantage of natural promotion opportunities to package Stadium events and visits to the Seaquarium and Planet Ocean. This would further reinforce the proposal for shared parking between the three facilities. A logical extension of the joint promotion/shared parking arrangement would be the physical linkage of the three facilities (4000 feet from 4arine Stadium to the Seaquarium) with an overhead tramway or people mover ;see ?rcoosea ;.and Use graphic). 9alor event parking 77 attendance at racest or same -day events on the :stand ._. require remote spi.:over parking what :culd be acccmodated on the for--er w iunp sire (see preced:.ag iisccss:on of Uncontrolled Lana I Site. :o enhance spectator viewing for major racing events, it is recommended that shoreline viewing areas southeast of the stadium and along the opposite nortnern shoreline be improved through increased landscaping, removal of exotic plants (Brazil.ian Pepper, Casuarina) and regu=ar maintainance ana :rash removal. The access r,ac that now follows the perimeter of lie aasin rom the stadium to the northwesterly ®__,(lo basin terminus shou:.d be rp relocated to .7 -0 J p connect with the "treatment plant access road" (see Land Use Plan graphic), and rebuilt north cf that A-1 power boat ownership raises further questions as to the viability or need for major new sailboat mooring areas. Additional concerns about a conversion, of the basin to a marina involve water quality and the present inability of tides and currents to adequately flush the Stadium racing basin, an important factor in marine design. Hurricane hazards further reduce the attractiveness of the key for expanded wet or dry boat storage. Alternatives exist in Biscayne Bay, most notably Watson Island, the Miami River, and Pinner Key, for new and expanded wet and dry slip storage, but no such alternative exists for marine .racing events and water shows. To maintain the economic viability of the stadium, the stage (barge) should be expanded and permanently moored in front of stadium (tc reduce major coats in moving it). Programmed improvements to the stadium seating area and support facilities must be expedited. If market analysis supports it, expanded bleacher seating should be provided at the sides of the stadium (on land or floating wings) to attract events in the *10,000 seat range that are now lost to other facilities in the area. Parking, a critical need for major events, should be expanded through joint -use agreements with the Seaquarium and Planet Ocean, which would yield a potential 3000 total spaces. To better complement with amphitheaters to be built at Metrozoo and Bayfront Park, and in recognition of the proposed facility next door at the ♦ tnawy linkage of Mattes Stadiws. Miles Ocean and site Saaasanua o andae. The aottkets these of the beat* is needed fat tasctatet neviq. — a point. This would remove the roads shoreline conflict with the Rowing Club and Planet Ocean, and allow for buse* and trams to bring spectators to the basin's opposite shore for major events. 2) COMMERCIAL MARINE SERVICES Marine Stadium area provides for a variety of commercial services that enhRnee the public's access to and use of the waterfront. The accompanying graphic, Marine Stadium Development _____Concept, provides schematic recomee-- nd—ations for the future use and organization of this vital area. Thesc include: A) Reorganization of the boat_ storage area to: a) condense this area by converting the surface storage of boats (Marine Stadium Enterprises) to more efficient rack storage. b) utilize the easterly portion of area now in surface boat storage (adjacent to stadium entrance drive) for parking to serve Marine Stadium and relocated food service (see below). c) relocate present restaurant from the center of the parking lot to the indented shoreline west of Marine Stadium (leasehold expan- sion). Add floating docks (that could be moved for racing events) for the relocated restaurant. Added parking adjacent to the stadium will serve the restaurant. d) move boat ramp to westerly edge of indented area. e) provide direct vehicular access from the stadium entrance area to the relocated boat ramp and Fusty Pelican/Horatioa restaurants. f) move the Horatio's/Rusty Pelican entrance drive easterly twenty five feet to allow for landscaping and reduced pedestrian conflicts in front of Horatio's. A awe off swat wPslaslar of the autos awsles as is arid(. MARINE STADIUM DEVELOPMENT CONCEPT 90--W49 A-2 114 J7" VI RG INIA KEY .` M A S T E R -P ..;L ;A wore 90 49 Cm OF HIM, CHMTER ASD coon LiZL' RSLS1SS CED LttA7I-WATION Charter section 29-A('c) Charter section 29-3 Code Section 18i-52.9 y� q Resolution 87-760 u� Resolution 89--804 Resolution 89-- 127•E CHARTER AND RMATED LAWS Sec. 27-1E. Assessor to have power of county assessor,, general assessment roil. NM@-.Ths twr'm Attention is directed to the editor's note to 127.E of this charter. Sec. 27-F. Signing and endorsing general as- oesontent roll; return and presump- tion of validity. Nate —The ww'n Attention is directed to the editor's note to 127.0 of this charter. Sec. 27-G. Copy of assessment roll annexed to warrant commanding collection. Elate -The umer'm Attention is directed in the editor's note to 127.8 of this charter. Sec. 27.11. State law as to taxes applies. Mote —Thin median ham haen mnb"minily changed, by in- ference, inammuch as nww". Mont sad Collection for tax" Im now the eitchisivP reml+nnAhility of Dnde County. The u1M'r'e attention is directed to the editor's note to t 21.0 or this charter. ISec. 27.1. lteserved.j Sec. 274. Discounts if taxes paid before cer- tain time. Noie—The dimemint ralem form"Iy met not in thin meet inn no longer apply; (nr present rates, Pee FIR. Stets.. 1 191.41. The inwr'm attention in almo directed to the edii»r'm note to 6 27-A of this charter. Sec. 27-K. When taxes become delinquent; in- terest rates on delinquent taxes. Note —The owr'm nttention is directed to the editor's note to 127-B of this charter. Sec. 27-L. Tax certificates; interest rate them on. Note —The iner's attention is directed to the editor's note to 127.8 of this charter. Sec. 28. Chief procurement officer. (a) The city manager shall appoint a chief pro- curement officer who shall supervise all purchases for the city in the manner provided by ordinance and who shall, tinder such promirement methods as may be prescribed by ordinance, supervise sales Supp. No. 28 9abpt. A of All real Anil personal property of the city not needed for public use or that may have become unsuitable for use. The chief procurement officer shall have charge of such storerooms and were. houses of the city as the commisWon may by ordi• nance provide. Be('ore any purchase or sale, the chief procurement officer shall require that all prescribed procurement procedures be followed. Supplies shall not be furnished to any department unless there be to the credit of such department an available appropriation hnlnnce in exec." of nil impnid obligation sufficient to pay for such supplies. (b) No contract for furnishing nnpplies or ser. vices for the city, except an 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 persona 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 aff ir- mative action to ensure that applicants are em- ployed and that employees are treated during em- ployment without regard to their age, race, creed, color, religion, sex, stational origin, handicap, or marital status. (d) The chief procurement officer shall he re- "mnsihie for developing such minority procure- meat program an may be prescribed by ordinance and permitted by law. Sec. 29-A. Contract.+ for personal property. public works or improvements, uni- fled 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 thoumnil five hundred dollars ($4,15M.00) shall be awarded by the commission to the lowest responsible bidder, after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance; provided, however, B-1 �11111= Subpt. A CHARTER. that if the amount of a bid or proposal submitted by a vendor when 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 method's by making a written finding which shall contain reasons supporting the conclusion that competi- tive sealed bidding is not practicable or not ad. vantageous to the city, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hear- ing. When competitive sealed bidding methods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. All contracts for personal property in excess of four thousand five hundred dollars ($4,500.00) shall be signed by the city manager or his designee after approval thereof by the commission. This Section shall not apply to transfers to the United States or any department or agency thereof, to the State of Flori- da, or to any political subdivision or agency thereof. (b) Public works or improvements. Any public work or improvement may be executed either by contract or by the city labor force, as may be determined by the commission. There shall be a separate accounting as to each work or improve- ment. Before authorizing the execution by the city labor force of any work or improvement or phase thereof, the city manager shall submit to the commission a description of the anticipated scope of work and related cost estimates. All con- tracts for more than ten thousand dollars ($10,- 000.00), which shall include contracts under which improvements valued in excess of $10,000 are to be constructed for the city, shall be awarded to the lowest responsible bidder after public notice and using such competitive sealed, bidding meth- ods as may be prescribed by ordinance; provided, however, that if the amount of a bid or proposal submitted by a contractor whose primary office is Incntctl in the City of Miami is not more than ten (10) percent in excess of the lowest other respon. Rupp. No. 29 B-2 6 29-A Bible bidder or proposer, such local contractor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding thie foregoing, the city manager may waive competitive sealed bid- ding methods by making a written finding that a valid emergency exists or that there is only one (1) reasonable source of supply, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing, When competitive sealed bidding meth- ods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. Contracts for public works or improvements shall be signed by the city manager or his designee after approval thereof by the commission. When it becomes necessary in the opinion of the city manager to make alterations or modifica. tions in a contract for any public work or im- provement, such alterations or modifications shall be made only when authorized by the commission upon the written recommendation of the city man- ager. No such alteration shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the city manager prior to such authorization by the commission. (c) Unified development project& 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, leasing, and manage. ment; or (3) pinnning and design, construction, and mnn- agenient; or 05 1now I Ll i WA CIIARTF,R AND RMATED i.AwS (4) planning and design, construction, leasing, and management. So long as the person from whom Lite city pro- cures one of the above -mentioned Integrated pack- ages provides ail of the functions listed for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development projects - Requests far 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 Cite unified develop- ment project; (2) the specific evaluation criteria to he aged by the helow-mentioned certified public account ing firm; (3) the wpecif is 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 project pursuant to subsection (eX4) hereof; and (6) a reservation of the right to reject sail propon. als and of the right of termination referred to in subsection (04), below. After public notice there shall he a public hear. ing at which the commission shall consider: (1) Lite contents of the request for proposals for Lite subject unified development project; (2) the selection of a certified public accounting firm, which shall include at leant one mem. her with previous experience in the type of development in question; and (3) the recommendations of the city manager for the appointment of persons to serve on the review committee. Said review committee shall Supp. No. 29 B-3 8ubpt. A consist of an appropriate number of city aM- cials or employees and an equal numimr plus one of members of the public, whore names shall he submitted by the city manager no fewer than five days prior to the above - mentioned public hearing. At the concinsion of the public hearing the com- mission shall authorise the issuance of a request for proposals, selimt A certified public accounting firm, and appoint the members of the review com- mittee only from among the persons recommended by the city manager. 77te procedure for the selection of an integrated package proposals shall be as follows: (1) all proposals shall be analysed by a certified public Accounting firm appointed by the corn• mission hngrid only on the evehrstion criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public necount.irtg farm shall render a written report of Its findings to the city manager. (2) the review committee shall evaluate each pro - pawl based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Said review com. mittee shall render a written report to the city manager of its evaluation of each pro- posal, including any minority opinions. (3) taking intn consideration the findings of the aforementioned certified public accounting firm and the evaluations of Lite aforementioned review committee, the city manager ahnll roe- otnmend one or more of the propagate for no. ceptnnee by the commission, or alternatively, the city manager may recommend that all proposals he rejected. If there are three or more pro"nis and the city manager recom- mends only one, or if the city, manager rec- ommends rejection of nil proposals, the city manager Shnit state in writing the reasons for such recommendation. In transmitting his recommendation or rec• ornmendationa to the commiasion, Lite city manager shall include the written reports, including any minority opinions, rende'red to SvbpL A CHARTER him by the aforementioned certified account- ing firm and review committee. (4) all contracts for unified development projects shall be awarded to the person whose pro- posal is most advantageous to the city, as determined by the commission. The commission may accept any recommenda- tion of the city manager by an affirmative vote of a majority of its members. In the event the com- mission does not accept a proposal recommended by the city manager or does not reject all propos- als, the commission shall seek recommendations directly from the aforementioned review commit. tee, which shall make a recommendation or rec. ommendations to the commission taking into ac- count the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committee, the commission shall, by an afTrrmative vote of a majority of its members: (1) swept any recommendation of the review com- mittee; or (2) accept any previous recommendation of the city manager; or (3) reject all proposals. All contracts for unified development projects shall be signed by the city manager or designee after approval thereof by the commission. The city manager or designee shall be responsible for developing a minority procurement program as may be prescribed by ordinance and permitted by law in conjunction with the award of contracts for unified development projects. The provisions of this charter section shall supersede any other char- ter or code provision to the contrary. (d) Sales and leases of real property: prohibi- tiom 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 StApp. No. 29 B-4 I WA Public to compete for said real property or Inter. est. Any such sale, conveyance, or diapeaition shall be conditioned upon compliance with: the provi. sions of this section; such procurement methods+ as may be prescribed by ordinance; and any re- strictions that may be imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right, title, or interest shall vest in the trans• feree of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission, or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of direc- tors, an 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 i hat a valid emergency exists, which finding must be ratified by an affirmative vote of two-thirne 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 ar. may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. (e) Safeguards. (1) All persons contracting with the city under this seection shall be required to certify their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for any noncompliance by said persons with the above laws. 0 0 129.A CHARTER AND RELATED LAWS gobtrt, A (2) All persons contracting with the city under this section shall he obligated to pay which- ever is the greater of the following, (1) all applicable ad valorem taxes that are lawfully assessed against the property involved or fill an amount to he paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit -making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (3) Any proposal by a pntentiai bidder or con. tractor that contemplates more than the es. timated extent of the city's proposed commit. ment of funds, property, or services ahall he ineligible for acceptance by the city commission. (4) Any substantial increase in the city's com- mitment of funds, property, or services, or any material alteration of any contract awarded under subsection (c) of this section shall enti- tle the city commission to terminate the con- tract after a public hearing. Prior to such public hearing, the commission shall seek and obtain a report from the city manager and from the review committee that evaluated the proposals for the project, concerning the advisability of exercising that right. (Char. Amend. No. 3, 11.6.79; Ord. No. 9507, 1 1, 10-28.82; Char. Amend. No. 1, 11.2.82; Char. Amend. No. 1, 11.4-86; Char. Amend. No. 3, 11-3-87) EdKor's note -.Ord. No. 9489, adopted by the cornminsion on Sept. 17, 1982. set forth Charter Amendment No. 1 for approvslhijeetion at tiection on Now. 2. i982. On Oct. 28, 1982, Ord. No. 9507 sm"ded the lanInrage d nuhnectione (a) and (c) of 163 as - opeaeei by Ord. No. 9489. The election was to approve the loname o(Charter Amendment NoA. ss anwnded by Ord. No. 9W. Subsegnentiy, in light of Charter Amend- 1 rn mt No. 2 of Nov. 3, 1997, the eity attorney directed the eaditler to delete paragraph (it) of subsection (d) so superseded by 129•8. Annotation —For arse deeided prior to enactment by Char. ter Amendment No. 3 of 1979 of a enmpetitive•biddinR re- quirement for dinpeaition of city proloo y, see Mahoney v, Givens, 64 9n. 2d 928. Sold can held thateompetitive bidding is not required to bare city real estate. Mairriai variance between plans bid upon and plans n-ub• milted and adopted renders contract void. Qlatetein v. City of Miami, M So. 2d 1005. Supp. No. 29 Sec. 29-ID. City-o"ed property erase or lease -- Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, except for the conveyance or disposition of city -owned ptvlmrty Implementing city -satiated housing pro. grams or projects which are intended to benefit persons or households with low and/or moderate Income by providing housing for ouch person or households, ouch as, but not limited to, those iitnded programs or projects undertaken, pursuant to the Federal housing Act of 1937 and the Florida hous- 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 prrtjecta authorized tinder the Florida Community Rede- velopment Act of 1969, and implementing pro- jects of any governments[ agency or instrumen. tality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a re• turn to the city of fair market value under such proposed sale or lease. The city commission Is also hereby prohibited from favorably consider- ing any Rale or Jesse of city -owned property un- less (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or ies- am, said advertisement to be no less than one- fourth M 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 pronpective pur- chasrem or lessees; however, if there are less than three (3) such proposals received and if the guar- anteed return under the proposal whose accep• tance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummat- ed. As it further exception to the above require. ments and any other requirement for competitive 0..1 BHA. Snbrt. A CT{ARTFR �p bidding procedures to be used in the disposition of city -owned property or any interest therein, the city commission is authorized to waive all such disposition requirements when the intended use of such property or interest therein is in further- ance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or Individuals. In determining low and/or moderate Income households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. (Char. Amend. No. 2, 11-3-87) Sec. 20-C. Same, --Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement, revocable use permit, or license agree- ment may be entered into for the management, occupancy -or use of the area known as Watson Island unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease. management agreement, revo- cable permit or license agreement, an advertisae- 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 leas than ninety (90) days for the city's receipt of pro- posals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the pro- posed transaction be approved by a majority of the votes cast by the electorate at a referendum to be held at the next regularly scheduled general election. The procedures for selection of proposals shall be those provided by Charier section 29A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall ei%M the existing rights or privileges, If any, of any lessee, permittee, licensee or concessionaire currently sit- uated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compli- ance with the provisions of this amendment. This Charter Amendment shall not affect the city's 5u@p. No. 29 B-6 use or occupancy of the fires, nor shall it apply to controcta for the construction of any city facilities or improvements In the area; further, nothing contained herein shall apply to pjects of any governmental agency or instrumentality. (Char. Amend. No. 1,11-3-87) Sec. 30. Lsacai Improvements. (n) Dernifinnos; diviseionss into clnssm In this section the following words and phrases shall have the following meanings, unless some other mean- ing is plainly intended: The main divisions of this section are some- times herein termed paresrgrephA and the divisions of paragraphs are sometimes herein termed subpamgrapha. A focal imprommesl is an improvement defined by this section and made under the provisions thereof The word commission shall be deemed to refer to the city commission of the City of Miami, A highway is a pahlic way Such as a street, boulevard, avenue, lane, alley, parkway, court, terrace, or place. A sidewalk is a path for pedestrians along a highway. A storm sewer is a conduit above or below ground for the passage of storm water, including a pump. ing station and outlet where deemed necessary; it may sin include the building of culverts over streams or enclosing of streams where necessary or advisable to carry off storm water. A sanitary newer is an underground conduit for the pmmnae of newnge anal may include a pump- ing station and outlet where necessary. 90 U 1 19-62.7 MIAM1 CODE rights. In the event of such cancellation or rejec- tion, the chief procurement officer shall promptly notify all affected bidders or offerors and make available to them a copy of the written explana• tion for such cancellation or rejection, which shall be a public record. (Ord. No. 9572, § 1, 2.10-83) Sec. 1842.8. Sole -source contracts. (a) Conditions for use. Since it is not practica- ble for the city to use competitive bidding meth. ods to secure goods or services if there is any one (1) reasonable source of supply, sole -source awards may be made as an exception to the other meth- ods prescribed in this section under the following circumstances: (1) Where the compatibility of equipment, acres. 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 'T'he determi. nation that an award shall be made 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 (34) vote of the city commission after a properly advertised public hearing. (c) Public notice and disclosure. Notice that the city intends to award a sole -source contract shall be published at least once in a newspaper of gen- eral circulation in the city prior to contract award, Supp. Nm 10 t 18,52.9 but in any event at least fifteen (15) calendar days shall intervene between the last date of pub- lication and the date of award. Such notices shall state the intention to award a sole -source con- tract, the nature of goods or services to be ac- quired, the name of the proposed contractor, and the name and telephone number of a cognizant city official who may be contacted by other poten- tial sources who feel they might he able to satisfy the city's requirements. A record of such notices and responses thereto shall be maintained in the contract file along with the written determina- tion required above, and a compilation of all sole source awards shall be submitted by the city man- ager to the city commission on a quarterly basis to include: (1) The name of the sole -source contractor; (2) The nature of the goods or services procured; (3) The reasons no other source could satisfy city requirements; (4) The amount and type of contract; and (5) The identification number for each contract file. (Ord. No. 9572, 1 1, 2-1Q-83) Sec. 18.52.9. Unified development projects. (a) Dernitions. For the purposes of this article IV, the following terms shall have the following meanings: Unified development project shall mean a proj- ect in which an interest in real property is owned or is to be acquired by the city, which is to be used for the development of improvements, and as to which the city commission determines that for the development of said improvements it is most advantageous to the city that the city procure from a private person, as defined in the Code of the city, one (1) or more of the following 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 $-7 : I I 051-W I E4 1 18.62.9 FINANCE 1&b2.9 (4) Planning and design, construction, leasing 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 18-52.9(a). So long as the person from which the city procures one (1) of the above -mentioned inte- grated packages provides ail 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. Tice to which proposals are to be delivered, the maximum time for proposal acceptance by the sty, and any other special information; (2) The specific parcel of land contemplated to be used or the geographic area the city desires to develop; (7) The contract terms and conditions, inclivd. ing warranty and bonding or other secu- rity requirements as may be fixed and applicable; (8) The extent of the city's proposed commit- ment of funds, property, and services; (9) The definition of the terms "substantial increase" and "material alteration" that will apply to the project in accordance with section 53(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 63(exiv) 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 specific criteria which shall be used to (3) evaluate competing proposals by the below - mentioned certified public accounting firm; (4) The specific evaluation criteria which shall be used to evaluate competing proposals by the below -mentioned review committee; (5) A statement that written and oral discus- sions may be conducted with of erore who submit proposals determined to be reason- ably susceptible of being selected for award, but that proposals may be accepted as sub- mitted without such discussions; (6) A statement of when and how financial considerations and return to the city should be submitted; Supp. Na 10 LIM The recommendations of the city manager for the appointment of persona to serve on the review committee. Said review commit• tee shall consist of an appropriate number of city officials or employees and an equal num- ber plus one (1) of members of the public, whose names shall be submitted by the city manager no fewer than five (5) days prior to the above -mentioned public hearing. At the conclusion of the public hearing, the com- mission shall authorize the issuance of a request for proposals, select a certified public accounting firm, and appoint the members of the review com- mittee only from among the persona recommended by the city manager. . I, .4 f , J Art f 1"2.9 MiAMi CODE { 18-6to (d) Developer lists. Developer lists may he com- be limited to, the nnme of each offeror and n piled to provide the city with the names of devel- summary descriptinn srafficient to identify the pmj- opers who may be interested in competing for ect. The register of proposals shall be open to various types of city projects. Unless otherwise public inspection. provided, inclusion or exclusion of the name of a (h) Minority participation The city's minority developer does not indicate whether that devel- oper is responsible with respect to a particular procurement program shall be referred to in the requests for proposals and shall apply to the award - procurement or otherwise capable of successfully ing of contracts for unified development projects. performing a particular city project. (e) Public notice- Notice inviting proposals shall (i) Sualuation of proposals. The procedure for be published at least once in a newspaper of gen- the selection of an integrated package proposal eral circulation in the city to provide a reason. shall be as follows: able time for proposal preparation considering the (1) All proposals shall be analyzed by a certified content and complexity of the anticipated scope of public accounting firm appointed by the corn- work. In any event, at least fifteen (lb) days shall mission based only on the evaluation criteria intervene between the last date of publication applicable to said certified public accounting and the final date for submitting proposals. Such firm contained in the request for proposals. notices shall state the general description of the Said certified public accounting firm shall scope of work, the pine where a copy of the re- render a written report of its findings to the quest for proposals may be obtained, and the time city manager. and place for receipt of proposals. The city man. (2) The review committee shall evaluate each ager may, in addition, solicit proposals from all proposal based only on the evaluation criteria responsible prospective developers listed on a cur. applicable to said review committee contained rent developers list by sending them copies of the public notice to acquaint them with the proposed in the request for proposals. Said review cant- mittee shall render a written report to the procurement. city manager of its evaluation of each propo. (f) Preproposal conferences. Preproposal confer• sal, including any minority opinions. ences may be conducted to explain the require- (3) Taking into consideration the findings of the ments of the proposed procurement. They shall be Mentioned certified public accounting firm, announced to all prospective developers known to the evaluations of the aforementioned review have received a request for proposals. The confer. committee, and the degree of minority partic. ence should be held long enough after the request ipation in city contracts, the city manager for proposals has been issued to allow developers shall recommend one (1) or more of the pro - to become familiar with it but sufficiently before posals for acceptance by the commission, or proposal submission to allow consideration of the conference results in preparing proposals. Noth- alternatively. the city manager may recom- ingstated at the preproposal conference shall change mend that all proposals be rejected. If there the nest forproposals unless a chap are three (3) or more proposals and the city request change is made manager recommends only one (1), or if he by written amendment. A summary of the con- ference shall be supplied to all those prospective recommends refection of all proposals, the city developers known to have received a request for manager shall state in writing she reasons proposals. If a transcript is made, it shall be a for his recommendation. In transmitting his public record. recommendation or recommendations to the commission, the city manager shall include (g) Receipt ofproposala. Proposals shall be opened the *ritten reports, including any minority publicly in the presence of two (2) or more city opinions, rendered to hire by the aforemen- ofiicials. After the closing date for receipt of pro- tioned certified accounting firm and review posals, a register of proposals shall be prepared committee. by the city manager which shall include, but not Supp. No.10 8-9 9►0--0049 90-�149 0 0 f le-82.9 FINANCE U7 Award All contracts for unified development projects shall be awarded to the person whose proposal is most advantageous to the city, an de- termined by the commission. The commission may accept any t ecommends- tion of the city manager by an affirmative vote of a majority of its members. In the event the com- mission does not accept a proposal recommended by the city manager or does not reject all propos- als, the commission shall seek recommendations directly from the aforementioned review commit- tee, which shall make a recommendation or rec- ommendations to the commission taking into ac- count the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a majority of its members- (1) Accept any recommendation of the review com- mittee; or (2) Accept any previous recommendation of the city manager; or (3) Reject all proposals. All contracts for unified development projects shall be signed by the city manager or 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, 11, 2-10.83) City codes eraaa reference —Minority participation in uni. tied development contracts.1 16-73. Sec. 18-53. Types of contracts. (a) Subject to the limitations of this section, any type of contract which will promote the best interests of the city may be used, except that the use of a cost-plus contract is prohibited. (1) Fiarealprice contracts. 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 he specified with a high degree of certainty and where use of a fixed -price contract will result in subs+tantiAl competition between bidders or offerors will. ing to compete for the contract. Incentives Supp. No.10 B-10 1 l e-" based on various performance factors 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 contract, Cost -reim- bursement contracts shall ordinarily be used for those purchases of goods and services or sales and leases 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 Re appropriate to serve the best interests of the city in achieving the most economical contract performance. (3) Blanket orders. The chief procurement officer or individual purchasing agents may issue purchase orders for indeterminate amounts of repair parts, supplies and services to the account of any department or office, but only when based upon 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 contracts. (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 90- 0049 "aIa--I I t J-87-St8 i 6/22/87 - RESOLUTION NO.87-7�;O* A RESOLUTION APPROVING, IN PRINCIPLE, TBE _ " VIRGINIA KEY MASTER PLAN (MAY 1967), AS REFLECTED IN THE ATTACHED COPY THEREOF, FOR VIRGINIA KEY, AN ISLAND IN BISCAYNE BAY ON THE RICKENBACKER CAUSEWAY, WHICR PLAN - CONTAINS RECOMMENDATIONS FOR DEVELOPMENT, INCLUDING ENVIRONMENTAL, NATURAL, OPEN SPACE ti = AND PARK AREAS, BEACH IMPROVEMENTS, .PARKING FACILITIES, RIGHTS -OF -WAY, BEAUTIFICATION, - = SPECIAL FEATURES, SPECIAL ACTIVITIES AND EVENTS, AND WATERFRONT IMPROVEMENT; AND WHICH PLAN IS IN CONFORMITY WITH THE MIAMI — COMPREHENSIVE NEIGHBORHOOD PLAN (SEPTEMBER 1985). g- WHEREAS, the Miami Planning Advisory Board, at its meetino P- `- of June 17, 1987, Item No. 2, following an advertised hearing, x-_ R� adopted Resolution No. PAB 91-87, by a 7 to 0 vote, RECOMMENDING M- - APPROVAL of the Virginia Key Master Plan, as hereinafter set - forth; and ;- WHEREAS, the City Commission by Motion M-86-122 on - February 13, 1966, Director, Department of Development to prerare a master plan for City owned land on Virginia Key, with the °- h` assistance of the Planning Department; and 1y= ` — WHEREAS, the City Commission by Motion M-87-56 on January of 1987, authorised the Planning Department to prevent the plan for _ F: review to numerous city, county and state agencies having jurisdiction over the use and development of Virginia Keyt and -= WHEREAS, the recommendations for development incl4de �Ls environmental, natural, open space and park areas, beach - improvements, parking facilities, rights -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 master plan for the development of Virginia Rey, an island in Biscayne Bay on the P.ickenbacker Causeway. Cii a ��{� r��rati c or 90-0049 'E5' JUL f'f go49 �e 40 Section 2. The City Commission hereby finds and determines that the'Plan appropriately considers (a), access and use to serve public recreational and educational needs; (b), views to and from the water and highway edge= (c), preservation of natural shorelines; (d), natural forces in shaping unnatural edges; (e). commercial uses suited to the promotion of public access for use y and enjoyment of the waters; (f), commercial uses which are water F dependent or water related) (9), private uses which expand public, access to recreational programs. PASSED AND ADOPTED this 23rd day of July , 1987. ATTEST: MATTY HIRAI TAMTR E, MAYOR City Clerk PREPARED AND APPROVED BY: MARINA J- CHIARO Assistant City Attorney APPRO)P�D AS TO FORM AND CORRECTNESS: City Attorney MJC/wpc/pb/M458 90--0049 i l B-12 __ i 8 RESOLUTION NO. J-89-771 A RESOLUTION DECLAP.ING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND IS BY A UNIFIED DEVELOPMENT PROTECT (UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP. AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR OCTOBER 12TH, 1989 AT 11s06 AM TO TAKE TESTIMONY REGARDING SAIL) RFP FOR THE DEVELOPMENT OF RESIAURANT AND MARINE SERVICE USES ON CITY -OWNED PROPERTY LOCATED ADJACENT TO 3601 RICKENBACKER 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. WiJEREAS, the City of Miami Charter Section 29-A(c) allows for "Unified Development Projects" where an interest in real property is owned or is to be acquired by the City and is to be used for development of improvements; and WHEREAS, the City Commission determines that for the development of restaurant and marine service uses on the City - owned, 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 management; and WHEREAS, Charter Section 29-A(c) requires that the City Commission hold a Public Hearing to consider the contents of the a - Roquest for Proposals; and CITY COWMISSION MEETING OF SEP 14 I9S� Ro-W .l :Sc:UR10% no B-13 9V-00`#9 WHEREAS, Charter Section 29-A(c) further requires that, at the conclusion of the Public Hearing the City Commission, if disposed to proceed, authorize the issuance of a RFP, select a certified public accounting firm and appoint the members of a review committee tram persons recommended by the City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 commonly known 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 set forth in Section l herein above. Section 3. A Public Hearing for October 12, 1989, at 11:00 A.M. to consider said RFP for a UDP for the development of i — 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, authorize the issuance of a RFP, select a certified public accounting firm and appoint members of -- a review emnittee to evaluate proposals and render a written report to the City Manager. Section 5. This Resolution shall become effective immediately upon its adoption. -2- go-tn43 B-14 f 7 PASSED AND ADOPTED this 14th Say of 0 AT`f *RYTY--HIMI. CITY CLERK PREPARED AND APPROVED BYc ��_�.&/(� ROBERT F. CLAM, Chief Assistant City Attorney Legislation/ Special Projects DivfWien APPROVED A CORRECf'NES JOR CITY ATTOF �l V y'V'Ys�J 90 90-10049 APPENDIX C .T-98-1153 ORDINAIICE NO. �_p�� AN ORDINANCE AMF.MhINr CIIAPTER 19, ENTITLED "FINANCE", OF THE CODE OF THE CITY OF MIAMI, FLORIDA; AS An"DEO, BY REDEFINING THE TERM "MINORITY AND WOMEN-OWHED BUSINESS ENTERPRISE AND DEFINING THE TERM "VENDOR" IN SECTION 10-69; REQUIRING IN SECTION 19-72 THAT THE GOAL OF AWARDING AT LEAST FIFTY-ONE PERCENT (511) OF THE CITY'S TOTAL ANNUAL. DOIA.AR VOtAIMF or Ai,i. PRACt1RFmFNT rxPFNnT711RFS TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED TO ALL CITY OF MIAMI BIDS AND CONTRACTS; REVISING SECTION 19-73 TO PROVIDE THAT ALL CITY OF MIAMI INVITATIONS, REQUESTS AND/OR ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES. LETTERS OF INTEREST AND/OR QUALIFICATION STATEMENTS CONTAIN TILE 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 19-73(5) TO EXPAND UPON THE AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY BIDS AND CONTRACTS; ADDING SECTION 19-76 AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO ESTABLISH TILE REQUIRED ADMINISTRATIVE PROCEDURES TO INSURE COMPLIANCE WITH THE CODE; FURTHER, PROVIDING FOR RESOLUTION OF DISPUTES REGARDING wITHHELD PAYMENTS OF CONTRACTORS AND SUBCONTRACTORS AND FURTIIER ADDING SECTION 18-77 DESIGNATING TILE DIRECTOR OF THE OFFICE OF M/WBE AFFAIRS AS TILE CITY OFFICIAL RESPONSIBLE FOR ESTABLISHING, AND IMPLEMENTING M/wBE BID AND CONTRACT PARTICIPATION REQUIREMENTS, COMPLIANCE GUIDELINES, AND MONITORING AND REPORTING PROCEDURES; CONTAINING A REPEALER PROVISION AND A SEVERABiLITY CLAUSE. WHEREAS, Ordinance No. 10062 dealing with Minority/women Business Affairs and Procurement established the annual goal of procuring/contracting fifty-one percent (511) with minority/women owned and managed business enterprises; and WHEREAS, Administrative Policy Manual 4-86 (APM 4-86), issued October 1, 1986, provides for the administrative Implementation of Ordinance No. 10062; and M1nIEREAS, it has been determined that there is further need for legislative relief to obtain said goals, particularly an it C-1 10538. 005"74 '1 �a 11 relates to the City,# bid, prmpneal and contract process and the resulting documents on a bid/contract by bid/contract basis to achieve the annual goals; mow, THEREFORE, BE IT ORDAINED BY THE COMMISSION, OF THE CITY OF MIAMI, FLORIDAt Section 1. Section 19-68, is hereby amended in the following particulars.I 'Sec. 18-68. Definitions. For the purpose of this article, the following terms, phreses, words, and their derivations shall have the following meaningst Minority and women -owned nmslli business enterpriee means a business enterprise in which at least fifty-one percent (511) of said enterprise in owned by Blacks, Hispanic* or women whose management and daily business operations are controlled by one or more Blacks, Hispanics or women and who gM loy a M xiM IIt_gi twenty - live t251 employees or have a net ,wgrt,h,nS2t in excasa Of L=„G1 111Qn ousts. 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 (51%) of the total annual dollar volume of all procurement expenditures to Black, Hispanic and women -owned small business enterprises to be apportioned an fol lows t Seventeen percent (171) to Blacks, seventeen percent (1716) to Hispanics and seventeen percent (17 f ) to women; such aogil aha 11 be A,ppl s gd n all g i.ty bLda-_a,Dd cones . ' - Section 3. Section 19-13 is hereby amended by adding the following languages 'Sec. 18-73, aeauired statenlFnts f2r solicitations or notices: required statements on contracts and awards. 1 words and/or figures stricken through shell be deleted. Underscored words and/or figures shall be added. The retraining provisions are now in effect and retaain unchanged. Asterisks indicate omitted and unchanged material. 90-0049 C- 2 1U538 J�ALk�.�it2lLt i,.R.il•___!1 tid.__._�.9„_,1QI.Lr 8___..1.h2'�.�_,_.�eQ4).1�Pf�11G�4 j„pcarvctrated by _ ref erenCg�.,•�.),p� � b.L It shall be mandatory for all CJty contracts and/or procurRment award documents to contain the following: (5) A requirement that each bidder, DZOUgBei/ oS vendor, submit along with the bid or proposal an affirmative action plan (AAP). Any significant equity participants, joint venture participants, subcontractors, suppliers or other parties to the bid or proposal shall also be required to submit such plans. .1 1• a•I11 1 1 1 1• 1! It • I1 - • ' yti - • 1 1 • � f- • -ll• • /11 �1 • 1 1 • 1 •• 1 - 1 ..MWX ! 1 1• 1 •IJ• 1 1 1 t- - .1 1 •1. 1- i 4. Section i. The following new Section 18-76 is added in its entirety: 'Sec. 18-76. Administrative Procedures. The Departments of Finance, Public Works and General Services Administration are authorized to establish the required administrative procedures to insure compliance with the provisions as wet forth herein. C- 3 90-0049 W538 4 i 11 a • 05`7V--I Ln- i }'a PREPARED AND APPROVED By LINDA K. KEARSO City Attorney► Assistant -- APPROVED AS TO FORM AND CORRECTNESS: _ � e JOR(E L. FER ANDU Cjtj Attorne = LKK/pb/bes/H474 t. LL�k o b}qa k SR I vv 90-0049 C-5An - f)0-0049 The Finance DepArtment is mandated to institute paym"nt procedures which will insure, in those instances in which the M/WRE bid or contract requirements result In contracts, subcontracts or joint ventures for M/NBEs, that compensation provided pursuant thereto #hall be in the form of a check Made payable to the primary contractor, bidder or proposer, and (if appropriated jointly) to the minority/woman business #enterprises subcontractor or joint venture partner in an amount not to exceed the subcontracted or joint venture amount, based upon approved invoices submitted, by the prime contractor, proposer or joint venture, to the City. In the event a dispute should arise as to the performance or payment of the primary contractor or bidder/proposer or the M/wME, under the terms and conditions of the City contract or procurement award document, compensation shall be withheld until such time as the dispute is resolved in accordance with the procedures set forth in this Chapter for resolving such disputes. All Administrative Directors shall amend their existing policies and procedures or to create such new ones as may be required to insure and report on compliance with all aspects of this article.' Section S. The following new Section 18•-11 is added in its entiretys 'Sec. 18-77. Designat,on of the Director of the Office of Minority/women Business Affairs. The Director of the Office of Minority/Women Business Affairs to designated as the official responsible for establishing M/w8E bid and contract/award requirements, creating and implementing compliance guidelines, monitoring compliance, resolving disputes. and reporting an all of the above to the City Manager.' Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 7. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this 15th day of December , 19 "- PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of January 1909. A XAVIER L. SqUkREZ, Mayor MZtY HIRA1 City Clerk 9V-0049 C-4 10538 90-0049 37-^ j �� —'— 1 WHROHNNA RRU 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 the property and the length of time remaining on the lease that we are giving up. Again these two should be relatively easily determined. IA you have any questions, please call or write. sident Virgini ARZ/amp cc: Jack Lu£t 9049 3501 Rickenbacker Causeway, Virginia Key/Miami, Florida 33149 (305) 361-3878 D-1 EXHIBtT - - _ _ .t pROPERTY SURVEY c STCK OF t k ttrR i y � z e 4 - f+ iE�T Ro 1 A � t f � t Jf Z —ry 94- 49 '51 1 A,.ill. 1� is I l I b 11 Ili, 111111,1, Restaurant Site n (portion of Parcel I--5) a 2 p 7' •ter _.r =nc►uvcs* ,.. bH �.t1� 02• A Q OO .� 7rG ! r K l[ y r � PD+tt2lP'r�0.. i 4'( N/Aac=� • R J '..11 %n i. C .0 t�� % AL �xX� Parking Site 44$ OR _....,r.. , ( Parcel Q I '- ✓ «er .� w PtatA• ) O1 spy vrs F I.:ir h t9AQ�b MD RICKENBACKER CSWY I "ff ter,_ - .r - n --- � �—,._..,,�--_ �, —. _.._ ` �a�oi�- sa-`*ai4��zW�►ory 3o-r�.o�•� _� _ -:��_ o�-•-- ,. 4:� r 40 4w 2 _dft . wo-�¢ l vs i • 3 J � J�3 � I wry rr.+ n EXHIRtT It — USCL1AItATION, PROFESSIONAL It�tFC?RMP►TION _ AND FINANCIAL, bISGLOSUR.E FORMS `— Declaration �t Organizational Structure s= Proposer_ Partnership Statement or Corporation Statement Proposer's Financial Data — Proposer's Experience h Proposer's 4uestionnhire = Proposer's Financial 'References �t Proposer's Project References Proposer'a Professional Consultants Experience of Proposer's Professional Consultants References of Proposer's Professional Consultant. _ Proposer's General Contractor or Construction' Manager Construction Manager Experience of Proposer's General Contractor or Construction Manager Questionnaire `a Proposer's General Contractor car of Proposer's Contractor or Construction Manager - References Proposer's Operational Manager Experience of Proposer's Operational Manager Proposer's Operational Manager Ouestionnaire AF_ References of Proposer's Operational Manager R L _ - R.1 L+ 1 ------------ E. DECLARATION, 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 8-1/21101" 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," 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. 1 r�.• DECLARATION Cesar H. Odio City Manager City of Miami, Florida Submitted 9990 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. Name of Firm, Individual, or Corporation Signature Signature i tle MEN) 90--0049 M� IowI E. 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. I I- 2 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• II-3 i C i, f PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: 1. Date of Organization_------------- 2. General Partnership ( ) Limited Partnership ( ) 3. Statement of Partnership recorded Yes ( ) No ( ) Date .Book Page County State 4. Has the partnership done business in the State of Florida? Yes ( ) No ( ) When? Where? 5. Name, address, and partnership share of each general and limited partner. (If partnership is a corporation complete the following page for corporation.) General / Limited Name Address Share 6. Attach a complete copy of the Partnership Agreement. I I - 4 90-0049 0 CORPORATION STATEMENT If proposer is incorporated, answer the following: 1. When incorporated? 2. Where incorporated? 3. Is the corporation authorized to do business in Florida? Yes ( ) No ( ) 4. The corporation is held: Publicly ( ) Privately ( ) 5. If publicly held, how and where is the stock traded? 6. List the following: Authorized Issued Outstanding (a) Number of voting shares: (b) Number of nonvoting shares: (a) 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 cordp ete pages an corporation type corporation name on said pages for Identification purposes), furnish financial statement required for the individual or corporate guarantor. za-s 90-0049 S049 10 PROPOSERS FINANCIAL DATA Proposer, owner -corporations of proposer, and any person or business entity guaranteeing the performance of the proposer shall attach a complete financial statement prepared in accordance with standard accounting principles, reflecting current financial condition. The financial report shall include a 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. 9O49 II-6 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 names 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. Q-0049 !I- 7 90-0049 i PROPOSER'S QUESTIONNAIRE Surety Information Has any surety or bonding company ever been required to perform upon - your default? Yes l' ) No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. gankru,ettcy Information Have you ever been declared bankrupt? Yes ( ) NO ( ) If yes, state date, court jurisdiction, amount of liabilities, amount of assets. Pending Litigation Provide attached sheets detailing information regarding litigation, liens, or claims involving any participant proposal. and = pending in the = 11-8 90-0049 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. !9O-W49 . 11-9 PROPOSERS FINANCIAL REFERENCES CONT. Reference No. 3 Name: Firm: Title: Address: Telephone: Description of business transactions. If loan, give date, amount, type, repayment history and other comments. ��. 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: Title: Address: -- - - --- - Telephone: Nature and magnitude of business association: 9Q49 II-11 PROPOSER'S PROJECT REFERENCES CONT. Reference No. 3 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: II-12 PROPOSER'$ PROFESSIONAL CONSULTANTS NOTE: If more than one firm is to be involved in providing professional consulting services, then a separate fora 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 Discipline Discipline Registration Number 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 Title Name Title Name Title 05*7a- 1 PROPOSER'S PROFESSIONAL CONSULTANTS CUNT. Names, addresses and telephone number of other design and enginperina suhn 6nsultants who will have a major role in designing the Virginia Key Basin Project. ame of Firm Street Address Mailing Address ity, State, Zip Code e le Pho;7 Number Nave of Contact Name of Firm Street Address Mailing Address City, Sfiate, Zip Code Telephone Number Name of Contact EXPERIENCE OF PROPO SER'S PROFESSIONAL CCNULTANTS NOTE: If more than one fire is to be involved in providing professional consulting services then a separate fora 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 facilities development 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 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. 90-0049 0 [7 REFERENCES OF PROPOSER'S 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: AML PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION MANAGER Name, address and telephone number of general contractor or construction manager: Me treet Address Mailing Address City, State, Zip Code Telephone Number General Contractor License No.: Specify: State of Florida/County 11--17 EXPERIENCE OF PROPOSER'3 GENERAL CONTRACTOR OR CONSTRUCTION A R 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. zz-18 PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION MANAGER QUESTIONNAIRE 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 attached sheets detailing information regarding pending litigation, liens, or claims involving any participant in the submission. '110-ft U7 1 1 NCES OF PROPOSER°S GENERAL C List two persons or firms with whom you have completed projects during the past three years. Reference No, 1 Name: Ci rm: Title: Address: — Telephone• Nature and magnitude of business association: Reference No. 2 ' Name: 14 I Firm: Title: a; y? Address: i Telephone: Nature and magnitude of business association: 9U49 II-20 949 - " i 7 PNOPOSER'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 fire operating/managing other types of urea proposed), then a separate form shall be completed for each firm. Name: Street Address: Mailing Address: ! Telephone: ( ) I Names of principals and their titles who will be chiefly responsible for operational management of the proposed project. Name Title Name Title Name Title 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 Name of Firm Street Address Mailing Address Zip Code Telephone Number Name of rincipal ontact I1-21 Street Address Mailing Address Zip Code elephone Number Name of Principal Contact •1 �i.. W EXPERIENCE STATEMENT OF PROPOSER'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. 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 photoE material depicting projects th, 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 ;raphs or other illustrative it will demonstrate your a restaurant and other types Basin Project-— The name project identified as well as facilities managed who could You should also identify your q0-0®4'9 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 uses proposed), then a separate form shall be completed for each firm. 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 Libation Provide on attached sheets detailed information regarding pending litigation liens, or claims involving any participant in the proposal. II-23 siT,L+1 ..4 � .� • r 1".�" REFERENCES _OFPROPOSER'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: Fi rm: Title: Address: Telephone: ( ) Nature and magnitude of business association: 1 I- 2 4 90-- 049 1k, CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 37 TO Honorable Mayor and Members DATE DEC i9R9 FILE of the City Commission SUBJECT Resolution Authorizina the Issuance of a UDP/RFP for "Virginia Key Basin Property". FROM Cesar H. Odio REFERENCES For January-tl, 1990 City City Manager Commission Meeting ENCLOSURES RECOI4MENDAT I ON : It is respectfully recommended that the City Commission adopt the attached Resolution, with attachment, authorizing the issuance of a Unified Development Request for Proposals (RFP) on January 11, 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 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 No. 89-804 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. Due to the nature of the proposed project and the uses the City j 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. -f i Honorable Mayor and Members of the City Commission Page 2 Charter Section 29--A(c), requires that the City Commission hold a Public Hearing to consider the contents of the Request for Proposal (REP). The Public Hearing has been set for the January 11, 1990, City Commission Meeting at 11:10 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 ranked as number one out of a total of five submissions of qualifications received and evaluated by the City. The following individuals, four representatives of the public and three City employees, are recommended for appointment to the 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 Dick Briggs Commodore Director Power Boat Racing Assoc. Marine Council CITY EMPLOYEES Ana Gelabert Planning Department Albert Ruder Parks, Recreation & Public Facilities Department Adrienne Macbeth Office of Minority, Women & Business Affairs Honorable Mayor and Members of the City Commission Page 3 The anticipated Unified Development Project Schedule for the "Virginia Key Basin Property" located adjacent to the Miami Marine Stadium. Issuance of Request for Proposals Proposal Pre -Submission Conference Location: Dept. of Development 300 Biscayne Blvd. Way Suite 400 Miami, Florida Proposal Submission Deadline Location: Office of the City Clerk Miami City Hall 3500 Pan American Drive Miami, Florida CPA Firm Evaluation of Proposals Review Committee Meetings 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 January 26, 1990 February 7, 1990 10:00 a.m. April 27, 1990 2:00 p.m. April - June 1990 April - June 1990 April - June 1990 June, 1990 July, 1990 It is recommended that the attached Resolution be adopted, in its entirety, authorizing the RFP be issued on January 26, 1990 with proposals due April 27, 1990. Attachments: Proposed Resolution Draft RFP 3 3