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HomeMy WebLinkAboutM-87-0803*4f4' of 'MiAW P'i'i6A 23 �- 11�'f�i��i`�1=`11:E 'ME1�iCi14#►1�iD1iM �: ��. f aflorable Mayor and ftflbera , : A 6 3 11997 or the City Com'miasiot �ua����Res�al�atiofi Aeoepting �ayside 'Ms�it�a timitfd Partnership proposal for Management of Nfiamarina Cesar H. Odic � �a : For 'City Cormisaian moeting or City Manager September 8f 1987 Resolution RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution accepting the recommendation or the City Manager for the selection of the Bayside Marina Limited Partnership proposal to provide Professional. Management Services for Miamarina excluding the commercial fishermen dockage area, authorizing the City Manager to negotiate a Professional Management Services Agreement with Bayside Marina, and further directing the City Manager to present the negotiated agreement to the City Commission prior to execution. BACKGROUND: The Department of Development, as directed by the City Manager, issued a Request for Proposals (RFP) for procurement of Professional Management Services for City -owned Miamarina as authorized by the City Commission on April 90 19870 by Resolution 87-341. One proposal was submitted by Bayside Marina Limited Partnership in response ,to the City's RFP. A seven -member Selection Committee, appointed by the City Manager to evaluate the proposal submission concluded its deliberations on August 6, 1987. The Committee voted unanimously to recommend to the City Manager that the proposal be accepted, subject to the following conditions being successfully negotiated with the proposer prior to execution of a Management Agreement by the City: 1. That the City will advance funds necessary to pay any operating deficits not covered by revenues (excluding debt service), but should revenues exceed all operating expenses, then the City would recover as a preference an amount equal to the annual debt service on its renovation costs of approximately $1,600,000 to the marina. Cash flow remaining after this payment to the City for repayment of its renovation costs would be used to pay debt +T_ �r Ranorable Mayof and Members of the city 0om-mission Pace Two service on the previous commit�ient in the amount of $1,6751000 plus interest far, the buy-out of the previous marina manager. Payteent shall only be made to the extent cash is available, but in pr+eferenoe to any split of the revenues between the City and Bayside Marina Limited Partnership. 2. The proposed split of revenues remaining would be 70% to City, 30% to Manager for the first $500000# 80% to Cityl 20% to Manager for available revenues between $5'00,000 to $1,000,000; 90% to 'City,10% to Manager for available revenues between $1,000,000 and $1,5009000 and 95% to City, 5% to Manager for available revenues in excess of $105009000. 3. The administrative charge of 3.5% of gross revenues as proposed by Bayside Marina should be limited to the Manager's actual cost not to exceed 3.5% of gross revenues. The City Manager accepts the Selection Committee's recommendation and recommends that the Bayside Marina Limited Partnership proposal for professional management of Miamarina be accepted by the City Commission. It is requested that the City Manager be authorized to negotiate a Professional Management Services Agreement with the proposer, taking into consideration the recommended modifications of the Selection Committee, as outlined above. The negotiated Agreement will be presented to the Commission as soon as practicable for its consideration and approval prior to execution. 24 87— 3 n t 1 Iv a"p� s O FFIG Ids A eft 000nt nnimv August g0; 1907 Mrs Cesar We city Manager city of Miami 3500 Pan American Drive Miami# Florida 33133 Rs Selection Committee's Review of Professional Management services Proposal for Milamarina, bear Mr. Odic: &* an'Eka" %I&I t6i MfeltEfif A4MULS V.Vh1.'tlbffds 2ai Ai 1jJy �'1• � F` This Letter is the report of..the Selection Committee appointed by the City Commission to review responses to the City of Miami's Request for Proposals (RPP) for Professional Management Services for Miamarina dated April 20i 1987. Sayside Marina Limited Partnership submitted the only proposal to the APP. In response to a request from the Selection Committee, the City Attorney's Office determined that the Sayside Marina proposal is not responsive to the RPP's requirement that the successful proposer reimburse the City for monies previously expended by the City to buy out the previous marina manager, New World Marina Inc., in the amount of $1,675,000 plus interest calculated to the date of selection by the City Commission (legal opinion attached). The Selection Committee has reviewed the proposal and listened to the proposer's presentation which -clarified questions concerning the written material. The Committee voted unanimously to recommend to submit the proposal for approval to the City of Miami subject to the following conditions: 1. Paragraphs 9(b) and (c) of the proposal should be revised to read as follows: "(b) if the Marina's revenues fall short of those necessary to cover the Manager's expenses and operating expenses (not including debt service) the City will advance any funds necessary to pay such deficits. (c) If on the other hand, revenues exceed operating expenses and the Manager's expenses (excluding debt service), the City would recover, as a ` E-N Y0r7"� CHICAGO HOUSTON ATLANTA STANIF1 _R;} ^,A-1i %T^N FORT LAWERL)ALT SA � 4 j- '� w TishmanSplayer of ilodds AteamAtatem August 20, 1987 Mr, Cesar Odin Page Two, preference, an amount equal to the annual debt service (including infienest at the prime rate plus 13%) on its renovation -costs to the marina, Cash flow remaining after this repayment to tha City for its renovation costs will be used to .pay debt service on the Term loan mentioned in Paragraph 01a)(3) above. Such payment shall only be made to the extent cash flow is available to pay this debt service# but in the event any such payments are deferred they shall be paid in preference to the distribution indicated in 9(d) below, Calculation of dent service on both the City's renovation costs and the Term loan shall be based on the same loan tern." 2. Item 9(d) of the proposal presently reads as follows: "Cash flog remaining would be split 70% to the City, 30% to the Manager." This paragraph should be revised to read as follows: "Cash flow remaining would be split 70% to the City; 30% to the Manager for the first $500400 of cash flow', 80% to the City, 20% to the Manager for the cash flow remaining between $500,000 to $1,000,0001, 901 to the City, 10% to the Manager for cash flow remaining between $1,000,001 to $1,500,0001, and 95% to the City, 5% to the Manager for all cash flow remaining in excess of $1,500,000." 3. The administrative charge of 3.5%. of gross revenues should be limited to the manager's actual cost not to exceed 3.5% of gross revenues. 4. The management agreement as it pertains to Paragraphs 41 5, and 7 should contain language which is consistent with the existing Miamarina Agreement which was attached as Appendix "A" to the RFP rather than the language of the proposer which is more limiting to the City of Miami. , The Selection Committee feels very strongly that these modifications are necessary to provide a fair and reasonable agreement for the City of Miami. In the -event that these modifications are unacceptable to the proposer, it is the recommendation of the committee that the proposal should be rejected and you should negotiate with 3 qualified marina managers to obtain a satisfactory agreement for the City. If that process is unsuccessful, then the RFP should be reissued for rebidding. August 20f 10',07 Mr. Cesar Odle Page Thfae i We aft pleased to have been able to review this proposal and trust that YQU will call upon `fie should you bave any questions concerning this report. Respectfully submitted: Jack Lowell Chairman JL : tmm s cos Selection Committee Members A John Gilchrist, Director, Department of Development c �:c I RESOLUTION Not , A RESOLUTION ACCEPTING THE AttOMMINDATION OF THE CITY MANAGER FOR THE SELECTION Of THE SAYSIDE MARINA LIMITED PARTNERSHIP PROPOSAL TO PROVIDE PROFESSIONAL MANAGEMENT SERVICES FOR CITY-OVNED MIAMARtRA, EXCLUDING THE COMMERCIAL FISHERMEN DOCKAGE AREA LOCATED AT AND ADJACENT TO BAYFRONT PARE AND THE SAYStDl SPECIALTY CENTER; AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE 1A PROFESSIONAL MANAGEMENT SERVICES AGR'EEM'ENT WITE� f�AYSIDE MARINA LIMITED PARTNERSHIP AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION AS SOON AS PRACTICABLE FOR CONSIDERATION AND APPROVAL PRIOR TO EXECUTION. WHEREAS, the City owns the marina facilities located at and adjacent to Bayfront Park and the Bayside Specialty Center, known as Miamarina; and WHEREAS, on January 8, 1987, the City Commission passed Motion 87-62, authorizing and directing the administration to prepare a Request for Proposals for the private t; t management/operation of Miamarina; and WHEREAS, Section 18-52.2 of the City of Miami Code entitled "Competitive Negotiations" sets forth the competitive methods and procedures to be followed for procurement of professional management services; and WHEREAS, on April 9, 1987, the City Commission adopted Resolution 87-341, authorizing the City Manager to issue a Request for Proposals (RFP) for procurement of Professional Management Services for City -owned Miamarina; and WHEREAS, one proposal was submitted by Bayside Marina Limited Partnership in response to the City's RFP on June 1, 1967, the established proposal submission deadline; and WHEREAS, the seven member Selection Committee appointed by the City Manager to evaluate the •proposal submission convened four times and concluded its deliberations on August 61 1987; and WHEREAS, the Selection Committee voted unanimously to recommend to the City Manager that the City Commission accept the ,i.., t.,r,ti, r..)...ar a 4 �"Es ��,_+� . a.,�;*Y•-tf `' G���a�,4�y�2�.F"� '�.�X��✓� pp-r�n BaY.side Marina Limited Partnershio or000tai Uitb �fo�ii`ioations as outlined in its ff#Oft submitted Auggst ai01 1,9S? to the pity Manager; and WKERUS, the City Manager, taking into eons iderat3on the evaluation of the Selection Committee, has recommended the selection of the Bayside Marina Limited Partnership Proposal to provide Professional Management Services for Miamarina; NOW, THEREFORE, RE IT RESOLVED SY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. The recommendation of the City Manager that Bayside Marina Limited Partnership be selected to provide Professional Management Services for CitY-owned Miamarina, excluding the commercial fishermen dockage area iodated at and adjacent to Sayfront Park and the Bayside Specialty Center is hereby accepted. Section 2. The City Manager is hereby authorized and directed to negotiate a Professional Management Services Agreement with Bayside Marina Limited Partnership for the management of Miamarina. Section 3. The City Manager is further directed to present the negotiated agreement to the City Commission as soon as practicable for consideration and approval by the City Commission prior to execution of said agreement. PASSED AND ADOPTED this —day of 1987. ATTEST: NATTYA , City Clerk PREPARED AND APPROVED BY: G. MIR,AM MAER Assistant City Attorney XAVIER L. SUAREZ, Mayor APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. D9UGHERT_ City Attorney t_ r ;::;, ✓ «.4 :..5.1 ..Ar.+r. 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