HomeMy WebLinkAboutR-87-0341IVY
J-87-123
4/1/87
RESOLUTION NO. 87`341t .
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ISSUE A REQUEST FOR PROPOSALS, IN
SUBSTANTIALLY THE ATTACHED FORM, - FOR
PROCUREMENT OF PROFESSIONAL MANAGEMENT
SERVICES FOR CITY -OWNED MIAMARINA, EXCLUDING
THE COMMERCIAL FISHERMEN DOCKAGE AREA LOCATED
AT AND ADJACENT TO BAYFRONT PARK AND THE
BAYSIDE SPECIALTY CENTER AND THE PIER PARK
LOCATED ON THE PENINSULA ADJACENT TO BISCAYNE
BAY.
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
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;
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, in substantially the attached
form, for the procurement of professional management services for
City -owned Miamarina, excluding the commercial fishermen dockage
f
area located at and adjacent to Bayfront Park and Bayside
Specialty Center and the Pier Park located on the peninsula
adjacent to Biscayne Bay.
A F"V%0 OF
APR 9 GS
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PASSED AND ADOPTED this 9th
ATTEST:
A �-
MAT, Y HI RAI
City Clerk
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City Attorney
I
1 ED S TO FORM AND CORRECTNESS:
LUCIA A. DOUGIERTY
City Attorney
GMM/rcl/M399
S'7-39;��►:� ''
PASSED AND ADOPTED this 9th _ day of
ATTEST:
MAT, Y HI RAI
City Clerk
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City Attorney
1
APPRO ED S TO FORM AND CORRECTNESS:
LUCIA A. DOUG
City Attorney
GMM/rcl/M399
fil
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. SUAB
87.
-z-
E-341+,,
REQUEST FOR PROPOSALS
FOR
PROFESSIONAL MANAGEMENT SERVICES
FOR
MIAMARINA
TO BE ISSUED: APRIL 20, 1987
CITY OF MIAMI
XAVIER L. SUAREZ, Mayor
J.L. PLUMMER, JR. , Vice Mayor
MILLER DAWKINS, Commissioner
JOE CAROLLO, Commissioner
ROSARIO KENNEDY, Commissioner
Cesar H. Odio, City Manager
Prepared by:
Department of Development
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 372-4590
Proposals Due: 2:00 PM
Monday, June 1, 1987
8'7-341# .
8'7-341L .
S•
TABLE OF CONTENTS
Page
I. PUBLIC NOTICE.......... .............................. 1
II. OVERVIEW ............................................. 2
Figure
1.
Site Location Map ...................... 3
Figure
2.
Miamarina Location Map ................. 4
Figure
3.
Project Location Map ................... 5
III. PROJECT DESCRIPTION
A.
Professional Management Services Objective....
6
B.
Marina Facilities .............................
6
C.
Use of Premises ...............................
8
D.
Scope of Services .............................
9
E.
Proposer's Reimbursement Commitment...........
10
F.
Term of Management Agreement ..................
11
G.
Compensation for Provision of
Management Services ...........................
11
H.
Minority Participation ........................
11
IV. PROPOSAL SUBMISSION REQUIREMENTS, FORMAT, AND PROCEDURES
A.
General Requirements ..........................
11
B.
Proposal Format ...............................
13
C.
Proposal Submission Procedures ................
14
V. EVALUATION CRITERIA
A.
Experience of the Proposer ....................
14
B.
Capability of the Proposing Team ..............
15
C.
Financial Capability, Level of
Financial Commitment ..........................
15
D.
Financial Return to the City ..................
15
E.
Extent of Minority Participation ..............
15
VI. SELECTION PROCESS
A. Selection Procedures .......................... 15
B. Selection Schedule (Anticipated) .............. 16
VII. TERMS AND CONDITIONS TO BE INCLUDED IN THE
MANAGEMENTAGREEMENT ......... ........................ 17
APPENDIX A. Miamarina Agreement between the City and Bayside
Center Limited Partnership
APPENDIX B. Pertinent Legislation
APPENDIX C. City of Miami Minority and Women Business Affairs
and Procurement Ordinance No. 10062
EXHIBIT I. Declaration Form
EXHIBIT 2. Bid Proposal Submission Form
10
87-34 i+ .
8'7'-341L
II. OVERVIEW
The City of Miami, Florida, is extending invitations to
qualified and experienced proposers to submit proposals for the
professional management of specified City -owned marina
facilities known as Miamarina, located at and adjacent to
Bayfront Park and the Bayside Specialty Center in downtown Miami
on Biscayne Bay. Miamarina is shown in Figure 1. Site Location
Map and Figure 2. Miamarina Location Map, respectively. The
specified marina premises to be managed are shown in Figure 3.
Project Location Map.
The City of Miami constructed Miamarina containing approximately
210 boat slips in 1970 for the purpose of providing a small boat
port, marina facility and a recreation area for public use. The
City operated Miamarina until June, 1981. From June, 1981,
until Miamarina's closing in 1985, the marina was managed and
operated pursuant to the terms of a management agreement between
the City and New World Marina, Inc.
In January, 1985, the City and Bayside Center Limited
Partnership entered into a lease agreement for development of a
235,000 sq. f t. waterfront specialty center known as Bayside,
located on the land parcel adjacent to and surrounding
Miamarina, and for development of a 1,200-car parking garage
located adjacent to Bayside.
In October, 1985, the City and New World Marina, Inc. entered
into an agreement whereby the City agreed to purchase all of the
right, title and interest of New World Marina, Inc. for the
purchase price of $1,675,000 and upon such sale immediately
terminated the management agreement. Miamarina closed in
October, 1985, when construction of the Bayside Specialty Center
began.
On October 24, 1985, the City and Bayside Center Limited
Partnership entered into the Miamarina Agreement included as
Appendix A, regarding, among other issues, the operation and
management of Miamarina upon its reopening scheduled to coincide
with the opening of Bayside on April 8, 1987. The City and
Bayside Center Limited Partnership are vitally interested in the
successful integration of Miamarina's development, operation and
management with that of the Bayside Specialty Center.
On January 8, 1987, the City Commission adopted Motion 87-62
authorizing and directing the City Administration to prepare a
Request for Proposals in connection with the operation 'of
Miamarina. Section 18-52.2 of the City of Miami Code requires
competitive negotiations procedures to be followed with respect
to procurement of professional management services. (Refer to
Appendix B, Pertinent Legislation.)
2
87-3411,
87-341..
I. PUBLIC NOTICB
The City of Miami, Florida, is inviting qualified and
experienced firms to submit proposals for the professional
management of City -owned marina facilities known as Miamarina
comprised of approximately 165 boat slips, excluding the
commercial fishermen dockage area, located at and adjacent to
Bayfront Park and the Bayside Specialty Center in downtown Miami
on Biscayne Bay.
All proposals shall be submitted in accordance with the Request
for Proposals document which may be obtained from the Department
of Development, Dupont Plaza Center, 300 Biscayne Boulevard Way,
Suite 400, Miami, Florida 33131, (305) 372-4590.
The City will conduct a pre -proposal submission conference on
Friday, April 24, 1987, 10:00 a.m., at the Department of
Development. While attendance at the conference is not a
condition for offering proposals, all prospective proposers are
invited 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., Monday, June 1, 1987, and will be publicly opened on that
day.
The City of Miami reserves the right to accept any proposal
deemed to be in the best interest of the City, to waive any
irregularities in any proposal or to reject any or all proposals
and to re -advertise for new proposals. In making such
determination, the City's consideration shall include, but not
be limited to the proposer's experience and capability, the
proposer's financial qualifications, the financial return to the
City, the extent of minority participation, and the evaluation
by the City of all information submitted in support or
explanation of the proposed management of the property.
1
M
Cesar H. Odio
City Manager
87-34 11'
87-341
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FIGURE 1. SITE LOCATION MAP
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FIGURE 2. MIAMARINA LOCATION MAP
4
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FIGURE 3. PROJECT LOCATION MAP
5 87-•341,
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The Bayside Specialty Center and parking garage opened April 8,
1987. Miamarina also reopened on that date and is currently
operated by the City of Miami. The City intends to manage the
operation of the marina facilities until such time as a
professional management services agreement may be entered into
wit the successful proposer responding to this Request for
Proposals.
On April 9, 1987, the City Commission adopted Resolution 87-
authorizing the City Manager to issue this Request for Proposals
for procurement of professional management services for City -
owned Miamarina in accordance with the detailed information and
instructions contained herein.
III. PROJECT DESCRIPTION
A. Professional Management Services Objective
The successful proposer responding to this Request for Proposals
shall perform management services for the marina facilities
described in Section III.B.1. entitled "Description of Premises
to be Managed" according to certain obligations of the City set
forth in the Miamarina Agreement (Appendix A). Specifically,
professional management services are sought for the operation
and management of the marina to a quality consistent with other
first-class marinas in the Miami -Metropolitan area and to a
comparable level of quality commensurate with the quality and
character of the operation and management of the Bayside
Specialty Center. Such operation and management shall comply
with the "Standards of Operation and Maintenance for Miamarina,"
included a- Exhibit A to the Miamarina Agreement.
B. Marina Facilities
1. Description of Premises to be Managed
The premises at Miamarina to be managed, shown in Figure 3,
include three piers and finger piers to accommodate
approximately 165 boat -slips.
The premises at Miamarina excluded from this Request for
Proposals include 35 boat -slips adjacent and parallel to the
North Pavillon of the Bayside Specialty Center designated for a
commercial fishing fleet. The City of Miami has a contractual
obligation with the Pier 5 Boatmen's Association to operate
these commercial slips. Also excluded from the premises to 'be
managed is Pier Park located on the peninsular adjacent to
Biscayne Bay.
The City of Miami has completed marina improvements of the
premises offered for management designated in Figure 3 that
include replacement of all wooden mooring piling and finger
piers; replacement of decking on Piers B and C; replacement of
6 W-34 i, .
8 7-341.
J� P
utilities including fire lines on Piers B and C; upgrading of
utilities including fire lines on Pier A; installation of
utility pedestals including lighting, water and power throughout
all piers; provisions for dockage access to cable and telephone;
and installation of a portable pump -out station at the end of
Pier B. Improvements were completed at a total cost of
$1,600,000.
The premises to be managed at Miamarina will be open for
inspection to prospective proposers beginning April 20, 1987, by
appointment only. Please contact Mr. Alfredo Rodriguez at the
City of Miami Parks, Recreation and Public Facilities
Department, (305) 579-6900, for an appointment.
2. Dockmaster's Office and Restroom Facilities
A dockmaster's office providing approximately 300 sq.ft. of
of f ice space is located at the end of Pier B. Adjacent to the
dockmaster's office are restroom facilities. The dockmaster's
office and public restroom facilities are located on the Bayside
Center Limited Partnership's leased area and were constructed as
part of the Bayside development. The public restroom facilities
are available to users of the marina facilities.
The dockmaster's office is available for lease for approximately
$ /sq.ft. to the successful proposer, provided a lease
agreement is entered into between the successful proposer and
Bayside Center Limited Partnership for its use. (Refer to
Section 17. of the Miamarina Agreement entitled "Dockmaster's
Office.")
3. Parking for Users of the Premises
Parking for marina users is available at existing rates at a
1,200-car parking garage located at the southeast corner of
Biscayne Boulevard and Port Boulevard adjacent to the North
Pavillon of the Bayside Specialty Center. The City -operated
parking garage is equipped with closed-circuit security at a
current rate of $1.00 per hour up to a $6.00 maximum per day.
A loading area is provided adjacent to the dockmaster's office
for limited use by the users of the marina facilities.
4. Signage
All signage to be displayed at the managed premises, exterior or
visible from the exterior, shall be subject to the prior
approval c° Bayside Center Limited Partnership and the City of
Miami.
W
87-34k .
P
5. Dockage Rates
Dockage rates assessed against marina tenants and users shall be
set by the City and may be adjusted from time to time as
warranted, based on recommendations from the marina manager,
subject to the approval of the City Manager.
The current dockage rate is set at $.75/foot/day based solely on
boat length for any permitted use of Miamarina. Dockage rates
cover electricity and water services which are not separately
metered.
Tenants of the marina shall be individually responsible for
payment of telephone and cable television services, should they
so desire those services.
The successful proposer, as manager of the marina facilities,
may propose a fee to be charged for use of the portable pump -out
station by marina users.
6. City Responsibilities at Premises
The City shall be responsible for the provision of janitorial,
maintenance and trash removal services to the marina premises.
The City shall be responsible for periodic removal of floating
debris.
Services such as police and fire protection, equal to those
provided any facility within the City of Miami, shall be
provided by the City. The City shall be provided, at no cost,
one slip at the managed premises for the dockage of a Police
boat for security enforcement.
■ C. Use of Premises
On behalf of the City, the successful proposer shall manage the
premises described in Section III.B. above for the purpose of
operating a marina and marina related services for the use of
and by the general public.
1. Permitted Uses
The following uses shall be permitted at the marina premises to
be managed by the successful proposer:
(a) Dockage of recreational boats. Recreational boats
are defined as non -live -aboard boats. The term of
dockage agreements for recreational boats may be
proposed by the prospective marina manager.
8 87-3411.
87-+341 ,
(b) Dockage of live -aboard boats up to a maximum two -
week length -of -stay. Extensions may be granted to
boat owners requesting length -of -stays exceeding
two weeks, on an individual basis, at the
discretion of the marina manager at increments of
two weeks.
(c) Use of the dockmaster's office, provided it is
leased, as an information, telephone, mail and
message center for users of the marina; and for
office space for management employees.
(d) Use of the restroom facilities by users of the
marina and by management employees.
(e) Use of the marina by Bayside Center Limited
Partnership that shall cause the marina to be
closed to all occupants of slips for periods not to
exceed seventy-two consecutive hours and not to
exceed seven days for a single calendar year,
pursuant to the terms of the Miamarina Agreement
(refer to Appendix A, Exhibit A, Paragraph 10).
2. Uses Not Permitted
Uses of the marina not permitted include:
(a) Dockage of live -aboard boats exceeding a two week
length -of -stay, except pursuant to extensions
granted as set forth by Section III.C.1.(b) above.
(b) Boat sales and rentals including any and all
display signs on boats advertising same.
(c) Boat repairs
(d) Boat storage
(e) Sale of supplies or provisions for boats including,
but not limited to fuel, bait, tackle, ice, beer, It
and any and all retail sales.
D. Scope of Services
The successful proposer as manager of the marina premises shall:
1. Make available the marina facilities for use by the
general public,
2. Initiate and maintain an aggressive marketing and
advertising campaign to promote occupancy at the
marina,
9
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8'7-341t -
I
3. Charge and collect the dockage fees for the
services rendered in conformance with a prescribed
schedule of rates set by the City,
4. Be responsible for keeping the piers clean of all
vehicles, small boats, supplies and storage except
those that can be stored in a locker that may be
supplied with the berth,
5. Be responsible for the administration of all
dockage agreements,
6. Enforce the rules and regulations set forth in
dockage agreements and make recommendations to the
City for its consideration of additional rules that
may be necessary and desirable to include,
7. Exercise such authority as may be necessary for the
orderly, safe, sanitary, and secure use of and
enjoyment of the facilities,
8. Notify the City of any unsatisfactory or unsafe
conditions regarding maintenance, repair and
security,
9. Supervise and control the handling of all money
received in the operation of the marina,
10. Maintain records in accordance with acceptable
accounting practice and prepare appropriate
financial reports necessary to make required
monthly payments to City,
11. Abide by and enforce all rules and regulations now
in effect or established by the City.
E. Proposer's Reimbursement Commitment
The successful proposer shall be expected to reimburse the City
for monies previously expended to buy-out a management/lease
agreement in effect prior to the construction of the Bayside
project. The City has a prior commitment dating from October,
1985, in the sum of $1,675,000 plus interest which was estimated
to be $248,000 through April 8, 1987, the opening date of the
Bayside Specialty Center. The successful proposer shall be
required to provide the $1,675,000 reimbursement plus interest
to be recalculated to date of said reimbursement payment, upon
execution of a management agreement with the City.
10 8'7-341+ .
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f
t
97-341 � ra
In addition, the successful proposer shall be required to
reimburse the City for marina renovations described in Section
III.B.1. above in an amount of $1,600,000. The City may
consider payment of said $1,600,000 reimbursement over a period
not to exceed the term of the management agreement, in which
case prevailing interest rates will apply.
F. Term of Management Agreement
The term of the professional management services agreement shall
not exceed fifteen (15) years commencing upon execution of an
agreement.
G. Compensation for Provision of Management Services
The management agreement will be structured to provide the
successful proposer with a percentage of the gross revenues
collected as compensation for providing professional management
services to the City. This does not, in any way, constitute a
lease agreement and shall not convey any interest in real
property.
H. Minority Participation
Respondents will be required to comply with all applicable
federal, state and local affirmative action legislation and
regulations. including City of Miami Ordinance No. 10062
(Appendix C).
Minorities are expected to be an integral part of the proposing
team and to comprise a significant part of the permanent
management team. For the purpose of proposal evaluation,
significant minority participation shall be defined as 17%
black, 17% hispanic, and 17% female.
IV. PROPOSAL SUBMISSION REQUIREMENTS, FORMAT, AND PROCEDURES
A. General Requirements
The competitive methods and procedures for procurement of
professional management services are set forth by Sec. 18-52.2
of the City of Miami Code entitled "Competitive Negotiations"
included as Appendix B along with other pertinent legislation.
Interested and qualified proposers responding to this Request
for Proposals must submit proposals consisting of three
sections:
-- Completed Declaration Form
-- Completed Bid Proposal Submission Form
-- Proposal
11 87-34if .
yb-�
97-341.
0!"
Prospective proposers must complete the "Declaration" and "Bid
Proposal Submission" forms included as Exhibits 1 and 2,
respectively, sign in the space provided for signature and
submit same with proposal. The signature required is the
officer, officers, or individual authorized by its bylaws or the
Board of Directors, with official corporate seal affixed
thereto.
1. Proposal Development Considerations
Respondents to this invitation are advised that the factors
outlined in Section III. entitled "Project Description" must be
considered and adhered to in the development of proposals and
will be critically evaluated by the Selection Committee.
2. Interpretation of Proposal Documents
Each prospective proposer shall thoroughly examine the proposal
documents and judge for himself all matters relating to the
location and character of the services he agrees to perform. If
the proposer should be of the opinion that the meaning of any
part of the proposal documents is doubtful, or obscure, or
contains errors or omissions, he will be provided the
opportunity to request written clarification from the City
Manager or his designee, John E. Gilchrist, Director, Department
of Development.
3. Protection of Rights of Cit
Section VII. provides numerous contract terms that the proposer
must consider and adhere to when making a proposal. The
eventual agreement negotiated by the successful proposer may
incorporate any other terms, conditions and benefits for the
City that the City Manager or his designee may seek to include
by way of negotiation and deems necessary for the proper
protection of the City of Miami.
4. Cancellation and Rejection of Proposals
The right is reserved by the City of Miami to cancel this
Request for Proposals before the proposal submission deadline
and to reject all proposals after receipt, if desired.
5. Award
The management agreement shall be awarded to the responsible and
responsive successful proposer whose proposal is the most
advantageous to the City.
12 87-341.
8'7-341.
B. Proposal Format
Proposals submitted in response to this invitation must include the
following information set forth as the minimum criteria to be met by
responsive and responsible proposers:
1. Credentials
(a) Identity of proposer, including organizational
structure and names and addresses of principals.
(b) Description of proposer's professional management
experience, including specific experience in
operation and management of first-class marina
facilities.
(c) Qualifications and experience of management team,
including specific experience in operation and
management of first-class marina facilities.
(d) Evidence of proposer's financial capacity to meet
the required reimbursement to the City.
2. Additional Requirements
(a) A management plan including the proposed
management organization, methods, procedures, and
standards for operation of the marina facility.
(b) The projected revenues to be generated by the
operation oZ the marina and a schedule of the
percentage of projected revenues required to
provide professional management services for the
marina by the proposer.
(c) Letters indicating the proposer's ability to
obtain required insurance.
(d) Letters documenting the proposer's past experience
in marina facilities management.
(e) Resumes of key individuals to be involved.
(f) Marina operating pro forma.
(g) Documentation of minority participation pursuant
to the goals set forth in City of Miami Ordinance
No. 10062.
13
.
8 7-3416 .
fk,, %
C. Proposal Submission Procedures
Proposal submissions marked "Professional Management Services for
Miamarina" must be addressed to:
John E. Gilchrist
Director
Department of Development
Proposals are to be received at:
Office of the City Clerk
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Fifteen (15) copies of bound proposals are required to be
submitted by 2:00 p.m., Monday, June 1, 1987, to the Office of
the City Clerk. Exhibits 1 and 2 include forms that must be
submitted along with the proposal. The time deadline and
location will be firmly adhered to. No proposals shall be
received after 2:00 p.m., June 1, 1987, or at any other City
office location except the Office of the City Clerk.
A non-refundable cashier's check in the amount of $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 immediately
following selection by the City Commission.
V. EVALUATION CRITERIA
The following criteria will be used by the Selection Committee
to evaluate proposal submissions for its recommendation to the
City Manager. Percentages listed in the left hand column
indicate the relative weight that will be placed upon each of the
criteria.
(20%) A. Experience of the Proposer
(a) Qualifications and experience of the proposer in
. facilities management
(b) Specific experience of the proposer in operating
and managing first-class marina facilities
14 97-341• .
87-341
(20%) B. Capability of the Proposing Team
(a) Qualifications and experience of the project
managers and management team
%b) Specific experience of the team in relationship to
operating and managing first-class marina
facilities
(c) Quality and organization of management team, method
of providing operations at the marina facilities
(20%) C. Financial Capability, Level of Financial Commitment
(a) Demonstrated financial capability of the team
(b) Financial strategy to reimburse City
(20%) D. Financial Return to the City
(a) Projected revenues generated from the operation of the
marina
(b) Percentage of projected revenues required to provide
professional management services for the marina
(c) Term of management agreement
(20%) E. Extent of Minority Participation
(a) Minority participation within the management team
(b) Hiring practices
(c) Special opportunities for minorities, hiring,
outreach and training opportunities in relation to
operation and management of facilities.
VI. SELECTION PROCESS
A. Selection Procedures
A Selection Committee will be appointed by the City Manager to
evaluate written proposal submissions in accordance with the
criteria set forth in Section V. above. The Selection Committee
will rank the proposals based upon its evaluation and forward
recommendations to the City Manager.
The City Manager, taking into consideration the evaluation by the
Selection Committee, shall make recommendations to the City
Commission regarding the procurement of professional management
services for Miamarina.
15 S7 '34
87*--4 1 r ci
After reviewing the City Manager's recommendation, the City
Commission may award the contract to the proposer recommended by
the City Manager or may reject such recommendation. The decision
of the City Commission shall be final. Upon selection by the
City Commission, the successful proposer will enter into a
management agreement, in a form acceptable to the City Attorney,
to be presented to the Commission for approval. Such management
agreement does nog, in any way, constitute a lease agreement and
shall not convey any interest in real property.
The Selection Committee is anticipated to be comprised of, five
members; two professionals from the private sector and three
representatives from the City Department's as follows:
Private Sector Participation
David Weaver, Intercap Investments, Inc.
Mario Bustamante, U.S. Yacht Racing Union
City Participation
City Manager s Office
General Services Administration, Property and
Lease Management Division
Parks and Public Facilities Department, Marinas
Division
B. Selection Schedule (Anticipated)
Issuance of Request for
Proposals: April 20, 1987
Pre -Proposal Submission
Conference: April 24, 1987
Proposal Submission Deadline: June 1, 1987
Selection Committee Evaluation: June 9, 1987
Recommendations to the City
Manager from the Selection
Committee: June 23, 1987
City Manager's Recommendation to
the City Commission for
Selection of Proposer: July 9, 1987
Begin Contract Negotiations with
the Successful Proposer: July 10, 1987
City Commission Approval of
Negotiated Management Agreement: Sept. 10, 1987
16 8 7-341s .
8 7*-341.
f
VII. TERMS AND CONDITIONS TO BE INCLUDED IN THE
MANAGEMENT AGREEMENT
Upon authorization of the City Commission, the City Manager or
his designee shall negotiate all aspects of an agreement with the
successful proposer.
The agreement shall include, but not be limited to, the following
terms and conditions:
1. Term of Management Agreement
A term not to exceed fifteen (15) years
2. Compensation for Professional Services
A percentage of gross revenues generated by the
operation of the marina
Payment schedules
3. Restrictions on Use
Permitted Uses
4. Management of Premises
Description of premises
Operation procedures and practices
S. Insurance
Amounts and Types of Insurance:
Minimum amounts and types of insurance which in the
opinion of the City are necessary to protect the
City's interest shall be supplied to all prospective
proposers as Addendum I to this Request for proposals.
Certificates of Insurance:
Evidence of compliance with the insurance requirements
shall be filed with the Insurance Manager, General
Services Administsration of the City of Miami prior to
execution of the management agreement. Such insurance
shall be subject to the approval of the Insurance
Manager. All insurance policies required must be
written by a company or companies rated at least "A"
as to management and Class "X" as to financial
strength, in the latest edition of the Best's
Insurance Guide, published by Alfred M. Best Company,
Inc., 75 Fulton Street, New York, N.Y. Compliance
17
8 7-34it .
97--341. .
A,
with the insurance
successful proposer
under this section
lease agreement.
requirements shall
of its liability
or under any other
not relieve the
and obligations
portion of the
Non -Cancellation clause:
The policy or policies of insurance required shall be
written in a manner such that the policy or policies
may not be cancelled or materially changed without
sixty (60) days advance written notice to the City.
Written notice shall be sent to the Insurance Manager,
General Services Administration.
Damages or loss to successful proposer's personal
property:
The successful proposer releases the City from any and
all liability, cost or expenses for damage, or loss to
the successful proposer's personal property for any
cause whatsoever.
Right of City to obtain insurance
Non -waiver of lessee's obligations
6. Indemnification
The successful proposer covenants and agrees that it
shall indemnify, hold harmless, and defend the City
from and against any and all claims, suits, action,
damages or causes of action arising during the term of
the management 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, expenses and
liabilities incurred in and about the defense of any
such claim and the investigation thereof.
7. Assignment of Agreement
No assignment of management agreement or any portion
or part thereof, except by and virtue of action taken
by the City Commission.
18
...._34ir
y�- I
87--341. .
M;7
O.
8. Default
Default by Manager
Obligations, Rights
Non -Performance Due
Parties
and Remedies Cumulative
to Causes Beyond Control of
Ownership of Equipment and Furnishings on
Termination
9. Examination of Premises
The City has right to examine and 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.
10. Audit Rights
The City reserves the right to audit those books and
records of the successful proposer related to the
management agreement at any time upon reasonable
notice during the performance of the agreement.
11. Performance Review Rights
The City reserves the right to an annual review of the
successful proposer's performance with respect to each
and every term and condition of the management
agreement.
12. 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 management agreement and that
it has not offered to pay, paid, or agreed to pay any
person employed by the City any fee, commission,
percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of making
the management agreement.
13. Conflict of Interest
The successful proposer is aware of the conflict of
interest laws of the City of Miami, Dade County,
Florida, and the Florida Statute, and agrees that it
will fully comply in all respects with the terms of
said laws. Any such interests on the part of the
successful proposer or its employees must be
disclosed in writing to the City.
19
8'7-341A .
i
8 7-341
r,;,<; M,
The successful proposer, in the performance of the
management agreement, shall be subject to the more
restrictive law and/or guidelines regarding conflict
of interest promulgated by federal, state or local
government.
14. 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.
15. Minority Procurement Compliance
The successful proposer acknowledges that it has been
furnished a copy of Ordinance No. 10062, 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.
16. 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 management
agreement be promulgated.
17. 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.
20
8'7-3411.
8 7-341-
APPENDIX A. Miamarina Agreement
APPENDIX B. Pertinent Legislation
APPENDIX C. The Minority and Women
Business Affairs and
Procurement Ordinance
No. 10062
U
8 7-341 .
cJb-�
8 7-341
APPENDIX A
MIAMARINA AGREEMENT
THIS AGREEMENT entered into this ZV L` day of
October, �1985 by and between SAYSIDE CENTER LIMITED
PARTNERSH;,P, a Maryland limited partnership having an
office at 330 Biscayne Boulevard, Miami, Florida
(hereinafter referred to as "Bayside") and THE CITY OF
MIAMI, a municipal corporation of the state of Florida
having an office at 3500 Pan American Drive, Miami, Florida
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, on January 14, 1985, the City and Bayside entered into a
lease for development of a waterfront specialty center (as amended hereinafter
referred to as "Retail Lease") and a lease for development of a parking
facility (as amended hereinafter referred to as "Garage Lease") (the Retail
Lease and Garage Lease collectively referred to as the "around Leases")
pursuant to which the City leased to Bayside certain real property located in
3ayfront Park, Miami, Florida, which property is more particularly described
in the round Lease (hereinafter referred to as the "Bayside Property");
WHEREAS, pursuant to the terms —of the Ground Leases, Bayside will
construct, operate and maintain the Bayside Specialty Center and the Parking
Garage (as such terns are defined in the Ground Leases) on the Bayside
Property;
;AREAS, Miamarina is a marina containing slips for approximately 200
boats located adjacent to the Bayside Property and was previously managed and
operated pursuant to the terms of a certain management agreement (hereinafter
x 8'?'-341
0� M
referred to as the "Management Agreement") dated June 4, 1981 between the City
and New World Marina, Inc. (hereinafter referred to as the "Existing Manager");
WHEREAS, on October �, 19850 the City and the Existing Manager
entered into an agreement of purchase and sale (the "P&S" Agreement) pursuant
to which the City agreed to purchase all of the right, title and interest of
the Existing Manager in and to the Management Agreement for a purchase price
of $19675,000 (the "Purchase Price") and upon such sale immediately terminated
same;
WHEREAS, Bayside and the City have reached certain agreements
pursuant to which Bayside will make an advance rental payment under the Ground
Leases to the City which the City may apply to the Purchase Price ;
WHEREAS, the City and Bayside have agreed that the boundaries of
Miamarina shall be reconfigured to include the area designated as Miamarina on
Exhibit B attached hereto (such area being hereinafter referred to as the
"Marina") and that the Marina will be operated and maintained by the City;
11HEREAS, Bayside and the City have' reached certain agreements with
respect to the standards of management, operation and maintenance of the
8ayside Specialty Center and the Parking Garage by Bayside and the standard of -
maintenance of Bayfront Park by the City, which standards are set forth in the
Ground Leases and the City and Bayside are desirous of entering into this
Agreement in order to more particularly define the standards of management,
operation and maintenance to be complied with by the City in connection with
its management and operation of the Marina. The City and Bayside agree that
both parties are vitally interested in the successful integration of the
Marina's management, maintenance, promotion and operation with that of the
8ayside Specialty Center;
-2-
F3'7-34t .
8'7-341.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, the City and Bayside covenant and agree as
follows:
Section 1. Staff. The City agrees that it will manage, operate
and maintain the Marina to a quality consistent with other first class marinas
in the Miami- metro area and to a comparable level of quality commensurate
with the quality and character of the management, operation and maintenance of
the Bayside Specialty Center. Such management, operation and maintenance of
the Marina by the City shall in all respects comply with the standards of
operation of Miamarina (hereinafter referred to as the "Standards") annexed
hereto as Exhibit A and incorporated herein.
Section 2. Maintenance and Repair. The City shall maintain the
structural integrity of the Marina including without limitation, the piers,
docks, pilings, quays, sea wall and the original design depth of the Marina.
In connection therewith the City shall, at its sole cost and expense, promptly
retain a qualified marina engineer to survey the Marina and recommend such
actions, both immediate and long term, remedial and preventative, which the
City should take to assure or restore such integrity and depth.
Implementation of any or all of the recommendations of such engineer shall be
in the sole and absolute discretion of the City, provided, however, that the
City agrees to comply with such recommendations of the aforesaid engineer
which are then required to be complied with or make such other changes or
repairs which the City deems necessary in order to avoid the City's becoming
in default of its standards of management, operation and maintenance as set
forth in this Agreement or in the Ground Leases.
-3-
87-341
87-341 r
Section 3. Insurance. The City shall carry such property and
liability policies with respect to the Marina and the operation thereof as the
City Manager may from time to time reasonably deem prudent and •is shall be
consistent with the letter agreements to be signed by the Risk Managers of
Bayside and the City regarding the types and amounts of insurance policies
concerning property damage and liability covering the Marina and the Bayside
Specialty Center. Within thirty (30) days of the date hereof the Risk Manager
for the City and Bayside shall enter into such letter agreements. If the
Marina shall at any time during the team hereof be damaged or destroyed by
fire or other insured casualty, the City shall, pursuant to the terms and
conditions of the Ground Leases diligently repair and/or restore the Marina to
the state same was in immediately prior to such casualty. The City will, from
time to time and upon thirty (30) days written request, provide Bayside with
copies of certificates evidencing the policies of insurance required to be
carried by the City hereunder.
Section 4. New Lighting. The City shall, at its own cost and expense,
install and maintain along the Marina piers architectural lighting similar in
quality and lighting levels and consistent in design to the outdoor promenade
and pier park lighting to be installed at the Bayside Specialty Center. The
City shall coordinate the installation of such lighting with the utility work
being conducted by Bayside on the Sayside Property. Bayside shall have the
right to ,review and reasonably approve the City's lighting plans and
specifications prior to installation, which approval may not be withheld if
such plans and specifications are substantially in accordance with the
requirements of this section.
— 4 —
87-341.
87-341
Section 5. Improvements. The City shall use reasonable efforts to
obtain approvals for and install baffling devises in certain locations on the
proposed port bridge in order to significantly reduce the effect on the Marina
of "surge" from vessels passing the Marina on the adjacent waters of Biscayne
Bay. Bayside shall have the right to review and approve' the design and
location of such devices prior to installation, which approval shall not be
unreasonably, witIntheld. Bayside and the City shall enter into a letter
agreement within 90 days of .the date hereof which shall set forth an agreed
upon schedule for the City's installation of the improvements set forth in
section 4 and 5 hereof to assure that same shall be installed prior to the
opening date of the Bayside Specialty Center.
Section 6. Moored Vessels. The City shall enter into an agreement
with Bayside to permit the ship Bounty to be moored at and to operate from the
Biscayne Bay'sea wall (such agreement may provide for the reimbursement to the
City of costs and expenses incurred by the City as a result of the operation
of the Bounty from said seawall). Such long.,term agreement shall be on terms
and conditions reasonably satisfactory to the City Manager and Bayside. From
time to time, upon request of Bayside, the City will enter into agreement with
other visiting ships, ships associated with the pier park, the water taxi and
paddle boat operations originated by Bayside with respect to the use by such
ships of the Biscayne Bay seawall on terms and conditions reasonably
satisfactory to Bayside and the City. The agreements between the City and
Bayside referred to in this Paragraph 6 shall be subject to review and
appropriate revision by the City Attorney's Office.
Section '7.
Default.
The
failure of
either party hereto to perform
any
of the covenants,
conditions
and
agreements
of this Agreement which are to
be
- 5 - 87-341 .
87-341,
performed by, such party and the continuance of such failure for a period of
sixty (60) days after notice thereof in writing from the non -defaulting party
(which notice shall specify the respects in which the non -defaulting party
contends that the defaulting party has failed to perform any of such
covenants, conditions and agreements) unless such default be.one which cannot
be cured within sixty (60) days and the defaulting party within such sixty
(61) day period shall have commenced and thereafter shall continue to
diligently to
prosecute
all actions
necessary
to
cure such
default,
such
failure shall
constitute
an "Event of
Default".
If
an Event of
Default
shall
occur, the non -defaulting party shall have the right to pursue any of the
following remedies:
(i) the right to a writ of mandamus, injunction or other
similar relief, available to it under Florida law against the defaulting
party,
including if
the defaulting party is
the
City, any
or all of the
members
of its
governing body, and
its
officers,
agents, or
representatives provided, however, that in no event shall any member of
such governing body or any of its officers, agents or representatives be
personally liable for any of the City's obligations to eayside hereunder;
and
(ii) the right to maintain any and all actions at law or suits
in equity or other proper proceedings to obtain damages resulting from
such default.
For, the purposes of any of the provisions of the Agreement, neither
party shall'be considered in default of any of its obligations hereunder if
the compliance with such obligation is delayed or rendered impossible to
perform as a result of an Unavoidable Delay (as defined in the Ground leases).
6 " 87-341 .
4& - I
8'7--341
Section Be Applicable Law. This Agreement shall be governed by the
laws of the state of Florida and shall be.subject to and shall be interpreted
t.3 nffectvate its compliance with the Charter of the City of Miami, the City
of Miami Code and the Dade County Charter and Code and any conflicts between
this Agreement and the aforementioned Codes and Charters shall be resolved in
favor of the latter. If any term, covenant or condition of this Agreement or
the application thereof to any person or circumstance shall, to any extent, be
illegal, invalid or unenforceable because of present or future laws or any
rule or regulation of any governmental body or entity or becomes unenforceable
because of judicial construction of the remaining terms, covenants and
conditions of this Agreement, or. the application of such term, covenant or
condition to persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby and each term,
covenant or,condition of this Agreement shall be valid and be enforced to the
fullest extent permitted by law.
Section 9. Conflicts of Interest. No member, official representative
or employee of the City or. the City Manager shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official,
representative or employee. participate in any decision relating to this
= a
Agreement which affects his or her personal interest or the interest of any
corporation; partnership or association in which he or she is, directly or
indirectly,'interested. No member, official, representative or employee of
the City or the City Manager shall be personally liable to 8ayside or any
successor in interest in the event of default or breach by the City or the
City Manager or for any amount which may become due to 8ayside or its
` successor or on any obligations under the terms of this Agreement.
x
- - 8'7-341.
y6-i
87-341L r
section 10. Duration of Obligations. This Agreement shall remain in
full force and effect for so long as both of the Ground Leases shall remain in
full force and effect. The obligations of the City to manage, operate and
maintain the Marina pursuant to this Agreement shall commence on the date
hereof, provided, however, that 8ayside and the City agree -that the Marina
shall not be 'open for business with the general public during the period that
the 8ayside Specialty Center and the Parking Garage are under construction or
restoration if such construction or restoration would be adversely affected by
the Marina being open for business. 8ayside may not assign its rights under
this Agreement except in connection with an assignment of its interest under
the Ground Lease which is permitted pursuant to the terms thereof.
Section 11. Request, for Proposals. If the City shall so elect, the
City may, in compliance with its Charter, Code and applicable law, enter into
a management agreement with a third party that is an experienced marina
operator for the operation, management and maintenance of the Marina by such
party (hereinafter referred to as a "New Operator"). If the City shall elect
to cause a New Operator to operate the Marina, the City shall implement its
normal request for proposal procedures and 8ayside agrees that it will, in
good faith, submit a proposal with respect to same in accordance with such
procedures. Any management agreement to be entered into by the City witha
New Operator',must contain provisions pursuant to which the New Operator shall
agree*' for the term of the new management agreement to perform, among other
things, the obligations of the City under this Agreement.
Section 12. Purchase Price and Rental Credits.
12.1 (A) On or before the Possession Date, 8ayside shall make an
advance a p yment of rental under the Ground Leases in the amount of $1,675,000
—a-
87-341.
Z& - I
87-341
ua
and shall be entitled to an offset of rentals to become due under the Ground
Leases in an'amount equal to the Rental Credit (hereinafter defined).
(a) Notwithstanding the provisions of the Retail Lease, Bayside
shall not
be obligated to pay more than $975,OOO
of
the $2,6500000
due
pursuant to
Section 2.5(f) of the Retail Lease until
the
events in either
(C)
or (D) or (E) of this Section 12.1 occur. The balance thereof shall bear
interest at the Maximum Interest Rate,. As used herein, the term "Maximum
Interest
Rate" shall mean
a rate equal to
1% per annum plus the
prime
rate of
interest
from time to time
charged by The
Chase Manhattan Bank,
N.A.
Interest
shall be calculated on the basis of a 360 day year. In co event may the
Maximum Interest Rate exceed 25%. On the date hereof, the prime rate of
interest charged by The Chase Manhattan Bank, N.A. is 9.X per annue.
(C) If the City enters into a Miamarina management agreement
with any person,
firm or
corporation, the City
shall
repay or cause
to
be
repaid the Rental
Credit
to Bayside and Bayside
shall
simultaneously
pay
to
the City the
balance due
the City under
AS) above with interest
thereon
calculated at
the Maximum
Interest Rate, in
which event Bayside shall
not be
entitled to offset the Rental Credit against the rentals due under the Ground
Leases.
(0) On the Rental Commencement Date, it the City has not
entered into a management agreement for—Miamarina with a third party or a
subsidiary or affiliate of The Rouse Company, Bayside shall pay the City
$1,675,000, ,which amount was deferred as provided in (B) above, with accrued
interest canputed at the Maximum Interest Rate. Upon the making of such
payment, Sayside.shall be entitled to receive the Rental Credit as hereinafter
defined.
9 = 87-341i .
8'7-341
1
As used herein, the term "Rental Credit" shall mean the aggregate
of ( i) $1, 675, 000 less rentals ( including additional rentals- earned by the-,
Cicy under the Ground Leases, if any, ("Original Amount") plus (ii) the
accrued Loss Opportunity Cost earned thereon. The Loss Opportunity Cost as
used herein shall mean an amount equal to the result of 'multiplying the
Opportunity Loss Factor times the Original Amount calculated on a 360-day year
composed of twelve (12) 30-day months and shall be payable on the Original
Amount or so much thereof as shall from time to time be outstanding from the
date the Original Amount is established to the date of payment thereof or
credited against rentals (including additional rentals) due as provided
herein. Opportunity Loss Factor shall mean a rate equal to 1% above the prime
rate from time to time charged by The Chase Manhattan Bank, N.A. The
Opportunity Loss Factor shall never exceed 25%. Until such time as the Rental
Credit shall be paid in full, all rental payments (including additional
rentals) which would otherwise be payable to the City under the Ground Leases
shall be applied first to accrued and unpaid.Opportunity Loss Factor and then
to the unpaid principal balance of the Original Amount.
W The City may at any time without penalty or premium have
the right to'repay to 8ayside the Rental Credit together with the accrued and
unpaid Opportunity Loss Factor thereon.
(F) The City shall immediately apply to the State Board of
Administration of the State of Florida for an interest rate waiver pursuant to
Section 215.84 of Florida Statutes Annotated.
(5) If, at any time, the rate on the Opportunity Loss Factor
exceeds the'maximun interest rate permitted by law, the City on the next
business day shall pay to Bayside the outstanding Rental Credit, provided that
the Opportunity Loss Factor shall be calculated at the maximum lawful interest
-10 - 87-341.
87-34.1,
- rN
rate for any period the Opportunity Loss Factor would otherwise exceed such
lawful rate.
12.2 As a condition precedent to Bayside making the $1,675,000
payment under Section 12.1(A), the City shall deliver a legal opinion in fora
satisfactory to Bayside that the transactions contemplated in Section*12.1 do
not violate ;any federal, state or local laws, that the effective Maximum
Interest Rate is lawful, and that the City has the due power and authority to
perform its obligations under this Agreement and to make and receive the
payments hereunder. Bayside may from time to time request the City obtain a
supplement to the legal opinion that the payments contemplated herein are not
in violation of federal, state or federal laws, rules or regulations as of the
date of the supplemental opinion.
12.3 The obligation of the City to pay Bayside or Bayside to pay the
City set forth in this Miamarina Agreement shall be without notice or demand
and withoutdeduction or offset except as otherwise expressly provided in
Section 12. All payments shall be in the form of certified or cashier's
i checks or other funds acceptable to the payee and shall be delivered to the
payee at the notice address set forth in Section 13. In the event of a
conflict between*the Ground Leases and this Miamarina Agreement, this Miamarina
Agreement shall control. A late g � Any payment or accelerated amount due shall
automatically accrue interest at the Maximun Interest Rate unless such rate is
found to be unlawful or usurious, then at the maximum rate permitted by law.
Section 13. Notice. Any notice or cmcwication under this Agreement
s 1
by either the City or the City Manager, on the one hand, to Bayside, or, on
the other,
by 8ayside to the City or the City Manager shall be deemed
sufficiently, given or delivered it dispatched by registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
ll - 87-341 .
87-341.
A
If to 8ayside:
G eneral Counsel
8ayside Center Limited Partnership
c/o The Rouse Company
10275 Little Patuxent Parkway
Columbia, Maryland 21044
If to the City:
The City of Miami
c/o the City Manager
35M Pan American Drive
Miami, Florida 33131
Either party may change the notice addresses above set forth by giving notice
in writing of such change of address to the other party in accordance with the
terms hereof.
Section 14. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original and such counterparts
shall constitute one and the same instrument.
Section 15. Successors and Assigns. All of the covenants, conditions
and obligations contained in this Agreement shall be binding upon and inure to
the benefit of the respective successord and assigns of the City and 8ayside.
r
Section 16. Modifications. Nothing contained in this Agreement shall
alter, modify, supplement or amend the terms and provisions of the Ground
Leases. No 'amendment or modification shall be effective unless executed and
delivered byiboth parties hereto.
Section 17. Dockmaster's Office. The City and 8ayside shall prior to
the Opening Date enter into a lease (the 00ockmaster Lease') pursuant to which
8ayside shall make available to the City a maximum of 300 feet of office space
at the improvements to be constructed by 8ayside at the Marina for use as a
i
dockmaster's office. The Dockmaster Lease shall provide that the City shall
not be obligated to pay basic rent, common area maintenance or other rents or
-12-
87-341,
87-341
additional rents for such space but shall be responsible for utility and
insurance payments. The Oockmaster Lease shall be in the standard form of
:.;ito between Bayside and tenants at the Bayside Specialty Center
and small provide that the rental concessions therein contained shall be for
the sole benefit of the City and shall not be available to any other party
that may commence to operate the Marina.
Section 18. Termination. The obligations and liability of the City
pursuant to this Agreement shall terminate upon the date of the termination of
the last to terminate of the Ground Leases or any substitute ground lease
entered into pursuant to the terms hereof.
Section 19.
Conditions Precedent, Bayside
shall
not be
obligated
to
make any payments
required under this Agreement
until
(i) the
Agreement
and
Release of Deed Restrictions and Reverter in a form acceptable to Sayside is
executed between the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida and the City of Miami and delivered to Bayside's title
company for recordation, (ii) the lawsuit which was filed by Pier 5 Boatmen's
Association, Inc. and others against the City of Miami, The Rouse and Co.,
.Rouse -Miami, Inc. and others shall be dismissed with prejudice or otherwise
disposed of to Bayside's satisfaction and an agreement shall be executed by
all of the plaintiffs of such suit with the City in a form acceptable to
Bayside and (iii) the legal opinion required to be delivered hereunder, is
delivered to Bayside as required by such agreements.
IN WITNESS WFEREOF, ROUSE-MIAMI, INC.; the sole general partner of
SAYSIDE CENTER LIMITED PARTNERSHIP, has caused this Agreement to be signed in
its name by its Vice President and its corporate seal to be hereunto affixed
and duly attested by its Assistant Secretary, and the CITY COMMISSION OF MIAMI
8'7-34 - .
- 13 -
87!-341 r
i
has caused this Agreement to be signed in its name by Sergio Pereira, the CITY
MANAGER, and duly attested to by Matty Hirai, the CITY CLERK, on the day and
ha's!.f above written.
ATTEST: 8AYSIDE MNTER LIMITED PARTNERSHIP, A MARYLAND
LIMITED PARTNERSHIP
BY: ROUSE-MIAMI, INC., A MARYLAND CORPORATION,
GENERAL. PAR)AER
BY •
--------- ce res n
Assistant Secretary
' THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF
_— THE STATE OF FLORIDA
�• BY: Hager
y,' rax, • - ergoPereira,
City Clerk
APPROVED
t
City
99OG/496A
AND CORRECTNESS:
S
W
STANDARDS OF OPERATION AND
MAINTENANCE FOR MIAMARINA
EXHIBIT A
1. No supplies or provisions for boats, including beer 'or fuel shall be
sold at Marina except in quantities and a manner reasonably permitted
by Bayside.
2. Boat repairs shall not be permitted at the Marina.
3. Janitorial maintenance and security of the Marina, including the
interior waters, dockage along quay, docks, pilings, sea walls,
lighting, charter fishing' boat facilities and other facilities
thereof shall be ' com+ensurate with the level of janitorial
maintenance complied with by Bayside at the Bayside Specialty Center
and shall include regular daily trash pick-up and removal process,
removal of floating debris and 24-tour security.
4. No "for sale" or "for rent" signs shall be permitted to be displayed
on the Marina premises or on any vessel using the Marina. All Marina
signage, exterior or visible from the exterior, including, but not
limited to signage to be installed by charter or commercial operators
using the Marina, if any, shall be subject to the prior approval of
Bayside, which shall not be unreasonably withheld.
5. No slips in the Marina shall be licensed for the purpose of the
storage of vessels.
6. All dockage agreements for slips in* the Marina shall be in form and
substance and shall contain rules and regulations reasonably
satisfactory to Bayside and the City.
7. All Marina slips adjacent to the Marina Promenade (except the area
shown as crosshatched on Exhibit 8 which area is reserved for the
dockage of charter fisherman) shall be rented at rates which
discourage long term use. No commercial fisherman shall operate from
slips adjacent to the Marina Promenade except for the 31 commercial
fishermen who an the date hereof have dockage agreements within the
City for locations in Miamarina. Such commercial fishermen may only
be located in slips located side by side in the area shown as
crosshatched on Exhibit 8; beginning in the northeast most corner of
such area.
B. If 'the City shall elect to license slips to charter fisherman, the
City shall install appropriate facilities (e.g. fish cleaning; table
boxes; ticket facilities) for such fisherman. Bayside shall have a
reasonable right of approval with respect to the design and location
of such facilities.
9. Bayside will at all.times afford the City reasonable means of ingress
in, to and over the Bayside Property to enable the City to perform
Its. repair and maintenance obligations hereunder.
8'7-341L .
8'7-341
r`.
10. with the exception of the occupancy rights which may be granted by
the City to charter fisherman at the Marina, the City agrees that
Bayside may from time to time cause the Marina to be closed to all
other occupants or licensees of slips at the Marina for periods not
to, ,xc6 -' ��venty-two consecutive hours. In no event may the number
c! ::iys. zitiat the Marina is so closed exceed seven (7) days for a
single calendar year. Bayside shall at least six (6) months prior to
the Opening Date notify the City of the dates that Bayside requests
that the Marina be closed pursuant to the terms hereof for the period
from the Opening Date until the first day of the first Rental Year
(as defined in the Ground Lease for the Bayside Specialty Center).
Thereaft .�, Bayside shall give the City at least six (6) months
written notice before the first day of each Rental Year of the dates
that Bayside desires to cause the Marina to be closed during such
Lease Year. Bayside shall be responsible for the payment of all
janitorial maintenance and trash removal expenses with respect to the
Marina during such periods and shall also clear the waters of the
Marina of all debris after such periods.
11. The part -lea 'rove agr-ed to negotiate in good faith a reasonable
allocation of the costs and expenses of janitorial maintenance and
trash removal services between the common areas of the Bayside
Specialty Center and the Marina. If the City and Bayside are unable
to reach an agreement_ with respect to same, the matter shall be
submitted to arbitration pursuant to the provisions *relating to same
contained in the Ground Leases. Such negotiations shall commence
within twelve (12) months of the Opening Date and, if the matter is
not resolved within six (6) months of the Opening Date, it shall be
submitted to arbitration, as aforesaid.
12. The City shall, during the term of this Agreement, on a regularly
scheduled basis reascu;ably acceptable to Says -Ede, clear. the Marina
waters of debris in order that the appearance of the Marina be in
keeping with the maintenance standards followed by Bayside in
connection with the Bayside Specialty Center.,
99OG/496A-13
A - 2
8'7-341.
87-341.
Oockagg for MOW FISh;rrnon
Y.
0
000
EXHIBITS
RAjy!jjt. SITE PIAI#
Ir
APPENDIX B
CITY OF MIAMI
CITY CIERK REPORTS
MEETING OAT•E: January 8, 1987 PAGE NO. 5
h V:T1-'N AUTHORIZING AND DIRECTING THE ADMINISTRATION TO M 87-62
PUT O,.0 A REQUEST FOR PROPOSALS IN CONNECTION WITH MOVED: PLU?:
FR' FJSEZl RENOVATION AND OPERATION OF MIAMARINA TO SEE IF SECCNG: KE' l-l"l,
:HE CITY CAN OBTAIN A GUARANTEED RETURN; FURTHER UNnNIm:-,:Z
STIFULATiN: THAT IF SAID RETURN IS NOT FOUND TO BE
E�;:Tr►c:=, THE CITY WILL SIMPLY REJECT AND OPERATE THE
XARink ITSELF; AND FURTHER STIPULATING THAT THE R.F.P.
:::A:.! MAkE VERY CLEAR THAT ALL THE MONIES WHICH THE CITY
:S S=L:::_`:v' Oti THE MARINA WILL ULTIMATELY HAVE TO .BE PAID
E,:K T, T►i_ C:TY by ThE SUCCESSFUL BIDDER.
�y
8'7-341• :
mw
87-341
C
r
118.52.1
MIAMI CODE
teria to determine acceptability such as inspec.
tion, quality, workmanship, delivery and suitabil.
ity for a particular purpose. Those criteria that
will affect the bid price and be considered in evalu-
ation for award, such as discounts, transportation
costs, and total or life cycle costs shall be mea-
sured objectively. No criteria may be used in bid
evaluation which were not set forth in the invi-
tation for bids. The results of the evaluation and
tabulation of bid prices shall be transmitted by
the chief procurement officer to the city manager.
(h) Award The city manager may reject all
bids or may submit recommendations as to the
award to the city commission, which may reject
all bids. Any contracts awarded shall be awarded
with reasonable prcmptness by written notice to
the lowest responsible and responsive bidder. The
decision of the city commission shall be final. All
contracts shall be approved as. to form and cor-
rectness by the city attorney, and a copy shall be
filed with the city clerk. (Ord. No. 9572, $ 1,
2-10-83)
City code cross reference —Competitive sealed bidding
for sales of real property, 118.78.1.
Annotations —Code 1967, 1 16.21, a predecessor of current
1 1852.1, referred to contracts involving personal property
and services and to purchases of personalty, but had no con-
nection whatsoever with contracts for or the sale or purchase
of real property. Cleary v. Dade County, 160 Fla. 892, 37 So.
2d 248.
An agreement by the city to transfer Jackson Memorial
Hospital to Dade County, Florida. to be operated by the trans-
feree, was not within the intent of that section. !d
Former section held not applicable to lease of building con-
taining restaurant for period of five years. Mahoney et al. v.
Givens et al., 64 So. 2d 926.
Sec. 18.52.2. Competitive negotiations.
. (a) Conditions for use
(1) Competitive negotiations shall be used in those
circumstances in which it is both practicable
and advantageous for the city to consider a
range of competing plans, spw0cations, stand-
ards, terms and conditions so that adequate
competition will result and award be made
not principally on the basis of price, but to
the offeror whose proposal contains the most
advantageous combination of price, quality
or other features.
(2) Competitive negotiations shall be used in the
procurement of personal and professional ser-
vices except-
Sapp. Na 10
1202
1 18.52.3
0) Professional services as defined under Code
section 18-52.3;
0i) Personal and professional services where
the fee for such services to be performed
is less than fifty thousand dollars ($50,-
000.00);
(iii) Legal and accounting services;
(3) The city manager shall make recommenda-
tions to the city commission regarding the
procurement of personal and professional ser-
vices not exempted in subsection (02), above,
and in excess of fifty thousand dollars ($50,-
000.00) and present evidence that he has in.
terviewed at least three (3) individuals or firms
possessing the ability to perform such services
and that he has obtained information from
said individuals or firms relating to experi-
ence, qualifications and the proposed cost or
fee for said services;
(4) The city manager shall make recommenda.
tions to the city commission regarding the
procurement of accounting services and pres-
ent evidence that he has interviewed at least
three (3) individuals or firms possessing the
ability to perform such services and that he
has obtained information from said individ.
uals or firms relating to experience, qualifi-
cations, and the proposed cost or fee for said
services.
(b) Award After reviewing the city manager's
recommendation, the city commission may award
the contract to the individual or firm recommended
by the city manager or the city commission may
reject such recommendation and, if appropriate,
instruct the city manager to conduct additional
info-rviews and make further recommendations.
The decision of the city commission shall be final.
All contracts shall be approved as to form and
correctness by the city attorney, and a copy shall
be filed with the city clerk. (Ord. No. 9572, $ 1,
2-10-83)
Sec. 18.52.3. Professional services.
(a) Conditions for Use Competitive methods and
procedures prescribed in this section shall be used
for those services within the scope of the practice
of architecture, professional engineering, landscape
architecture or of a registered land surveyor in
8'7-3411.
y6-/
118.52.3 FINANCE
otherwise recover the full amount of such fee,
commission, percentage, gift, or consideration.
0) Waiver of Provisions in Event of Public Emer-
gency. When the city manager certifies that a
valid public emergency exists, there shall be no
public notice requirement or utilization of the
selection process as provided in subsection 18-52.3(d)
and subsection 18.52.3(e) of this article. (Ord. No.
9572, $ 1, 2-10.83)
Annotation —A management contract between city and lim-
ited partnership was held not exempt from bidding require-
ment under former Code 4 18.54 under section that exempts
contracts for professional services from bidding requirements;
a management contract is not a professional service. Glatstein
v. City of Miami, 399 So. 2d 1005.
Sec. 18.52.4. Small purchases.
(a) Conditions for use. All purchases of goods,
supplies, and commodities the estimated cost of
which is less than four thousand five hundred
dollars ($4,500.00) may be made using the simpli-
fied small -purchase procedures prescribed in this
section.
(b) Division of requirements. Procurement re-
quirements shall not be artificially divided so as
to permit use of small -purchase procedures described
in this section instead of the methods otherwise
applicable.
(c) Soliciting quotations. Insofar as practicable,
no fewer than three (3) sources shall be solicited
to submit quotations. An individual purchasing
agent may use the bidder lists prescribed in sec.
tion 18-52.1(c) to solicit quotations by mail, by
telephone, or by public notice on a bulletin board
in the lobby of the City Hall. All bids shall be in
writing wherever practicable, and the purchasing
agent shall keep a record of all such small pur-
chases and the quotations submitted in competi-
tion thereon. Such records shall be open to public
inspection.
(d) Award In the case of goods, supplies and
commodities commonly and commercially avail-
able, the award shall be made to the responsible
bidder offering the lowest price; provided, howev-
er, that an award of more than one thousand
dollars ($1,000.00) shall not be made without the
express approval of the city manager. (Ord. No.
9572, § 1, 2.10-83)
8 18.52.7
Sec. 18.52.5. Contracts for public works or
improvements.
All contracts for public works or improvements
in excess of ten thousand dollars ($10,000.00) shall
be awarded on the basis -of sealed competitive
bids, as provided herein, unless the city manager
makes a written finding, supported by reasons,
that a valid emergency exists. Such finding must
be ratified by an affirmative vote of two-thirds
ft of the city commission after a properly adver-
tised public hearing. All contracts for public works
or improvements for less than ten thousand dol-
lars ($10,000.00) shall be awarded on the basis of
competitive negotiations. (Ord. No. 9572, § 1, 2.10-83)
Sec. 18-52.6. Emergency purchases.
In case of emergency, it is not advantageous for
the city to use competitive bidding methods. There-
fore, the city manager may direct the chief pro-
curement officer to purchase directly those goods
or services whose immediate procurement is es-
sential to the life, health, welfare, safety or con-
venience of the city. Such emergency purchases
shall nevertheless be made with such competition
as may be practicable under the circumstances.
In seeking a waiver of competitive bidding meth-
ods, the head of the using department or office
shall submit to the chief procurement officer and
the city manager in writing a full explanation of
the circumstances of the emergency and the rea-
sons for selection of a particular firm, along with a
list of others which may have been solicited, with
a confirming requisition attached thereto. The
city manager may then waive competitive bid-
ding requirements after making a written find-
ing, supported by reasons, that an emergency ex-
ists. Such finding must be ratified by an affirmative
two-thirds (?,5) vote of the city commission. (Ord.
No. 9572, $ 1, 2-10.83)
Sec. 18.52.7. Cancellations.
The city shall have the right to cancel all invi.
tations for bids, requests for proposals, or other
solicitations before bid opening, proposal submis-
sion, or receipt of quotations and to reject all bids,
proposals or offers after receipt. All invitations
for bids, requests for proposals, or other solicita-
tions shall contain a reservation of the foregoing
8'7-3414.
87-341�
1�
• 118.62.3 FINANCE
otherwise recover the full amount of such fee,
commission, percentage, gift, or consideration.
0) Waiver of Provisions in Event of Public Emer-
gency. When the city manager certifies that a
valid public emergency exists, there shall be no
public notice requirement or utilization of the
selection process as provided in subsection 18.52.3(d)
and subsection 18.52.3(e) of this article. (Ord. No.
9572, $ 1, 2-10-83)
Annotation —A management contract between city and lim-
ited partnership was held not exempt from bidding require•
ment under former Code 4 18.54 under section that exempts
contracts for professional services from bidding requirements;
a management contract is not a professional service. Glatstein
v. City of Miami, 399 So. 2d 1005.
Sec. 18.52.4. Small purchases.
(a) Conditions for use. All purchases of goods,
supplies, and commodities the estimated cost of
which is less than four thousand five hundred
dollars ($4,500.00) may be made using the simpli-
fied small -purchase procedures prescribed in this
section.
(b) Division of requirements. Procurement re-
quirements shall not be artificially divided so as
to permit use of small -purchase procedures described
in this section instead of the methods otherwise
applicable.
(c) Soliciting quotation& Insofar as practicable,
no fewer than three (3) sources shall be solicited
to submit quotations. An individual purchasing
agent may use the bidder lists prescribed in sec-
tion 18.52.1(c) to solicit quotations by mail, by
telephone, or by public notice on a bulletin board
in the lobby of the City Hall. All bids shall be in
writing wherever practicable, and the purchasing
agent shall keep a record of all such small pur-
chases and the quotations submitted in competi-
tion thereon. Such records shall be open to public
inspection.
(d) Award In the case of goods, supplies and
commodities commonly and commercially avail-
able, the award shall be made to the responsible
bidder offering the lowest price; provided, howev-
er, that an award of more than one thousand
dollars ($1,000.00) shall not be made without the
express approval of the city manager. (Ord. No.
9572, § 1, 2.10-83)
Supp. No.10
18.52.7
Sec. 18.52.5. Contracts for public works or
improvements.
All contracts for public works or improvements
in excess of ten thousand dollars ($10,000.00) shall
be awarded on the basis -of sealed competitive
bids, as provided herein, unless the city manager
makes a written finding, supported by reasons,
that a valid emergency exists. Such finding must
be ratified by an affirmative vote of two-thirds
(%) of the city commission after a properly adver-
tised public hearing. All contracts for public works
or improvements for less than ten thousand dol-
lars ($10,000.00) shall be awarded on the basis of
competitive negotiations. (Ord. No. 9572, 61, 2-10.83)
Sec. 18.52.6. Emergency purchases.
In case of emergency, it is not advantageous for
the city to use competitive bidding methods. There-
fore, the city manager may direct the chief pro-
curement officer to purchase directly those goods
or services whose immediate procurement is es-
sential to the life, health, welfare, safety or con-
venience of the city. Such emergency purchases
shall nevertheless be made with such competition
as may be practicable under the circumstances.
In seeking a waiver of competitive bidding meth-
ods, the head of the using department or office
shall 'submit to the chief procurement officer and
the city manager in writing a full explanation of
the circumstances of the emergency and the rea-
sons for selection of a particular firm, along with a
list of others which may have been solicited, with
a confirming requisition attached thereto. The
city manager may then waive competitive bid-
ding requirements after making a written find-
ing, supported by reasons, that an emergency ex-
ists. Such finding must be ratified by an afirmative
two-thirds M vote of the city commission. (Ord.
No. 9572, $ 1, 2-10-83)
1207
Sec. 18.52.7. Cancellations.
The city shall have the right to cancel all invi-
tations for bids, requests for proposals, or other
solicitations before bid opening, proposal submis-
sion, or receipt of quotations and to reject all bids,
proposals or offers after receipt. All invitations
for bids, requests for proposals, or other solicita-
tions shall contain a reservation of the foregoing
8'7-34It .
yG- I
8'7�-341
r
1 18.52.7
MIAMI CODE
rights. to the e--rent of such cancellation or rejec-
tion, the a,Iiei p ccu, en: ant o:c;.:er shall promptly
nor -if, a'i affk:ed or cf;erors 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. 18-52.8. Sole -source contracts.
(a) Conditions for use. Since it is not practica-
ble for the city to use competitive bidding meth.
ods to secure goods or services if there is any one
(1) reasonable source of supply, sole -source awards
may be made as an exception to the other meth-
ods prescribed in this section under the following
circumstances:
(1) Where the compatibility of equipment, acces-
sories, or replacement parts permits one (1)
reasonable source of supply;
(2) Where the goods or services available from a
single source are needed for trial use or test-
ing; and
(3) Where the unique and specialized expertise
of one (1) source of services is unlikely to be
obtained from any other source.
(b) Determination and approval. The determi-
nation that an award shall be 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
(%) vote of the city commission after a properly
advertised public hearing.
(c) Public notice and disclosure Notice that the
city intends to award a sole -source contract shall
be published at least once in a newspaper of gen-
eral circulation in the city prior to contract award,
Supp. No.10
4 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 be able to satisfy
the city's requirements. A record of such notices
and responses thereto shall be maintained in the
contract file along with the written determina-
tion required above, and a compilation of all sole
source awards shall be submitted by the city man-
ager to the city commission on a quarterly basis
to include:
(1) The name of the sole -source contractor;
(2) The nature of the goods or services procured;
(3) The reasons no other source could satisfy city
requirements;
(4) The amount and type of contract; and
(5) The identification number for each contract
file. (Ord. No. 9572, $ 1, 2-10-83)
Sec. 18.52.9. Unified development projects.
(a) Definitions. For the purposes of this article
IV, the following terms shall have the following
meanings:
Unified development project shall mean a proj.
ect in which an interest in real property is owned
or is to be acquired by the city, which is to be used
for the development of improvements, and as to
which the city commission determines that for
the development of said improvements it is most
advantageous to the city that the city procure
from a private person, as defined in the Code of
the city, one (1) or more of the following inte-
grated packages:
(1) Planning and design, construction, and leas-
ing, or
(2) Planning and design, leasir.g. and manage-
ment; or
(3) Planning and design, construction, and man-
agement; or
1208
14 7-341+
87-341
1 18.53 MIAMI CODE
appropriation of funds therefor and shall
sk,) stipll iatp in
(i;) i ;or .. :;�e :�.:c:;anc r.n o► a multiyear
.+::ermined in writ-
ing by the using department or office and
by the chief procurement officer that the
estimated requirements over the period
of the contract are reasonably, firm and
continuing; and that such a contract will
serve the best interests of the city by
promoting more effective competition or
otherwise promoting economies to the city.
(b) Accounting suitability. Except with respect to
firm fixed -price contracts with no provisions for
incentives, escalation or any other adjustments,
no type of contract shall be used unless it has
been determined in writing by individual purchas.
ing agent or the chief procurement officer that:
(1) The accounting system of the contractual party
will permit timely development of all neces-
sary cost data in the form required by the
specific type of contract contemplated; and
(2) The accounting system of the contractual party
is adequate to allocate costs in accordance
with generally accepted accounting principles.
(c) All contracts shall be approved by the city
attorney as to form and correctness prior to being
executed on behalf of the city. (Ord. No. 95721, § 1,
2.10.83) _
Sec. 18-54. Qualifications and duties of con.
tractual parties.
The city shall attempt to secure the most quali.
fied contractual parties in its dealings with the
private sector in accordance with the provisions
of this section. (Ord. No. 9572, § 1, 2.10-83)
Sec. 18.54.i. Determination of responsibility.
(a) Prior to contract award, the chief procure-
ment officer or individual purchasing agent shall
determine in writing that the bidder or offeror is
responsible.
(b) if a prospective contractual party who would
otherwise have been awarded a contract is found
nonresponsible, a copy of the determination and
the reasons therefor shall be sent promptly to
such party, which shall be given a reasonable
opportunity for rebuttal prior to a final determi.
nation of nonresponsibility.
Supp. Na 10
3 18.54.2
(c) Factors to be considered in determining re-
sponsibility of prospective contractual parties shall
include but not be limited to:
(1) Availability of appropriate financial, material,
equipment, facility, and personnel resources
and expertise, or the ability to obtain them,
to meet all contractual requirements;
(2) A satisfactory record of performance;
(3) A satisfactory record of integrity;
(4) Qualified legal standing to contract with the
city; and
(5) Compliance in supplying all requested infor-
mation connected with the inquiry concern.
ing responsibility.
(d) Notwithstanding the aforementioned factors,
if a prospective contractual party has been con-
victed of unlawfully engaging in or conspiring to
engage in transactions involving property in which
foreign countries or nationals of foreign countries
have an interest without such transactions hav-
ing been specifically licensed by the U. S. Secre.
tary of the Treasury, within the five-year period
preceding the scheduled award date of any con-
tract, such prospective contractor shall be consid-
ered to be nonresponsible.
(e) The prospective contractual party shall pro-
vide any information requested by the chief pro.
curement officer or purchasing agent concerning
responsibility. If such contractual party fails to
provide the requested information, the determi.
nation of responsibility may be made upon avail•
able information or the prospective contractual
party may be found nonresponsible. The prospec.
tive contractual party may demonstrate the avail-
ability of necessary financial, equipment, facility,
and personnel resources by submitting.
(1) Evidence that the contractual party possesses
such necessary resources;
(2) Acceptable plans to subcontract for such nec.
essary resources; or
(3) A documented commitment for, or explicit
arrangement with, satisfactory sources to pro-
vide such necessary resources. (Ord No. 9572,
§ 1, 2-10.83)
Sec. 18.54.2. Prequalifications.
Prospective contractual parties may be pre -
qualified as part of the process for compiling bid-
87-341+ .
§ 18.54.2
FINANCE
der lists pursuant to sections 18-52.1(c) and 18-52.2(c).
Such prequalification, however, does not neces-
sarily constitute a finding of responsibility for
any particular contract award. (Ord. No. 9572, §
1,2.10.83)
Sec. 18.54.3. Cost or pricing data.
(a) Contractor certification. A contractual party
shall upon request make available all costs or
pricing data supporting the bid or offer and shall
certify that, to the best of its knowledge, such
data was arcurs:a. corn?lQte and current at the
time of the subm as:on of bids or offers or at the
time of contract modifications.
(b) Price ac(justment Any contract, change order
or modification shall contain a provision that the
price to the city, including profit or fee, shall be
adjusted to exclude any sums by which the city
finds that such price was increased because the
cost or pricing information submitted by the con-
tractual party was inaccurate, incomplete or not
current.
(c) Exclusions Contractual parties need not make
available costs or pricing data or certify their
accuracy, completeness and currency when:
(1) The contract price is based on price competi-
tion resulting from sealed bids; or
(2) The contract price is based on established
catalog or market prices set and offered to
the general public or to governmental enti-
ties; or
(3) The contract price is set by law or regulation;
or
(4) The city manager determines that such re-
quirements for cost or pricing data and certi-
fication should be waived, and the reasons
for such waiver are stated in writing and
approved by the city commission. (Ord. No.
9572, § 1, 2-10-83)
Sec. 18.54.4. Bond of successful contractual
parties.
In the case of construction contracts or purchases
involving large sums of money; the city manager
may provide that the successful bidder shall post
a surety bond in any amount that the city man-
ager deems proper. Each call for bids for any
public work or for the furnishing of any material,
Supp. Na 10
§ 18.55
supplies, equipment or services, as well as any
specification documents prepared and issued there-
on, shall specify that the- bid bond, performance
bond, or any other guarantee required in connec-
tion therewith shall be accompanied by an affi-
davit of a qualified officer of the entity tendering
such bond or guarantee, or by the attorney -in -fact
of such entity, setting forth the amount of capital
and the amount of surplus held by such entity as
of its last published report, and the date of such
report. The limit of surety acceptable from any
one (1) risk shall be ten (10) percent of the com-
bined capital and surplus shown by such affida-
vit. No bid bond, performance bond, surety bond
or other guarantee shall be accepted unless it is
signed by a licensed agent of the state as attorney -
in -fact for the entity writing the same and unless
the same is written by a properly licensed insur.
ance agent located in the county. The right of
rejection of any and all tenders of such surety
bonds shall be reserved in all cases, which fact
and reservation shall be clearly set forth in the
call for bids and specification documents. The city
manager shall cause each such surety tendered to
the city to be reviewed to determine whether the
entity or agency making such tender is qualified
to meet the obligation to be assumed, and shall
recommend to the city commission the rejection
of any such. tender from any entity or agency not
found to be fully qualified. Notwithstanding the
foregoing, the city manager may accept, in lieu of
a bid bond, a cashier's check, an irrevocable let.
ter of credit drawn upon a local bank, or cash,
upon a finding that the city's interests would be
protected by such acceptance.
The director of finance shall cause a list to be
kept of all sureties filed with the city, by names of
-guarantor and amounts, and shall report quar-
terly to the city manager full details as to bid
bonds, performance bonds, or other like bonds
then in effect.
Sec. 18.55. Inspections and audits for accu-
racy and accountability.
The city shall be entitled to insist that all par-
ties dealing with it observe the highest degree of
accuracy and accountability in all of their deal-
ings with the city. (Ord. No. 9572, § 1, 2-10.83)
1213
iK s
97-341t .
8 7'-341
4 18•b5.1 MIAMI CODE
SPM 1LL 5.1. Right t.n conduct inspections and
audits.
(a) The city may, at reasonable times, inspect
that part of any contractual party's plant or place
of business and audit those books and records
which are related to the performance of any con.
tract awarded or to be awarded by the city. Cir-
cumstances warranting such inspections and au.
dits shall include, but not be limited to, concern
as to whether standards of responsibility speci-
fied in section 18-54.1 have been, are being, or
are capable of being met, and concern as to whether
the contract is being performed in accordance with
its terms and conditions.
(b) The city may enter a contractual party's
plant or place of business to:
(1) Inspect goods or services for acceptance by
the city pursuant to the terms of the contract;
(2) Audit cost or pricing data or audit books and
records;
(3) Conduct investigations of responsibility pur.
suant to section 18-54.1 or those related to
actions to debar or suspend a contractual party
from consideration for award of contracts pur-
suant to section 18-56.
(c) Books and records relating to performance
of city contracts shall be maintained by contrac-
tual parties for a period of three (3) years from the
date of final payment unless a shorter period is
authorized in writing by the city manager. (Ord.
No. 9572, § 1, 2-10.83)
Sec. 18.55.2. Inspections.
(a) Solicitations and contractual provisions City
contracts shall provide that the city may inspect
goods or services at the facilities of the contrac-
tual party and perform tests to determine whether
they conform to solicitation requirements contained
in invitation for bids or requests for proposals or,
after award, to the terms and conditions of the
contract. Such inspections and tests shall be per.
formed in accordance with the terms and condi.
tions of the solicitation and contract.
(b) Procedures for tests and inspections
(1) The chief procurement officer may specify gen-
eral operational procedures governing the test
and inspection of all goods or services, sales
or, leases being performed under city contract
Supp. Na 10
4 18.55.3
by city departments, offices and individual
purchasing agents.
(2) The chief procurement officer shall inspector
supervise the inspection of all deliveries of
supplies, materials, equipment, contractual
services or performance under lease agreements
to determine conformance with the terms and
conditions upon which the order or contract
was based. Any purchasing agent or depart-
ment may be authorized by the chief procure-
ment officer to inspect deliveries or contract
performance in the manner stipulated with
the approval of the city manager.
(3) The chief procurement officer may prescribe
chemical, physical and other performance tests
for goods or services, including samples sub-
mitted with bids or offers and samples of de-
liveries and performance to determine their
quality 4ind conformance with the terms and
conditions of the solicitation or contract. In
the performance of such tests or inspections,
the chief procurement officer shall have the
authority to make use of the laboratory facil-
ities of any department of the city or any
outside laboratory or special expertise avail-
able to evaluate service performance.
(c) Conduct of inspections. Whenever possible,
inspections ind tests shall be performed so as not
to delay unduly or inconvenience the contractual
parties. Contractual parties shall make available
at no charge to the city all reasonable facilities
and assistance, in order to facilitate the perfor-
mance of inspections or tests by city representa-
tive. (Ord. No. 9572, § 1, 2-10.83)
Sec. 18-55.3. Audits.
(a) Solicitations and contractual provisions Gity
contracts shall provide that the city may inspect
the books and records of contractual parties to
determine conformance with -the solicitation re-
quirements contained in the invitation for bids or
request for proposals or, after award, with the
terms and conditions of the contract.
1214
(b) Procedures for audits
(1) The chief procurement officer may specify the
general procedures for inspection of books and
lb records and for the conduct of audits of all
goods or services, sales or leases under city
contracts.
87-341
ki
On
4 18.55.3 FINANCE
(2) An audit may be required when, in respect to
an actual or prospective contractual party,
there is:
(i) A question as to the adequacy of account.
ing policies or cost systems;
00 A substantial change in the methods or
levels of operations;
Gii) Previous unfavorable experience indicating
doubtful reiiability of estimating, account-
ing or purchasing methods;
(iv) A lack of cost experience due to the pro.
curement of a new supply or service; or
(v) Other evidence that an audit is in the
city's best interests as determined by the
chief procurement officer, the city man-
ager or the city commission.
(c) Conduct of audits. V henever possible, au-
dits shall be performed so as not unduly to delay
or inconvenience the contractual party. Contrac-
tual parties shall make available at no charge to the
city all reasonable facilities and assistance, for
the convenience of the city representatives per-
forming the audit. (Ord. No. 9572, § 1, 2-10-83)
Sec. 1856. Disputes and legal remedies.
The following procedure shall be used for arriv.
ing at early settlement of grievances by inter.
ested parties who have participated in the city's
procurement process. (Ord. No. 9572, § 1, 2-10.83)
Sec. 18.56.1. Resolution of protested solicita.
tions and awards.
(a) Right to protest Any actual or prospective
contractual party who feels aggrieved in connec-
tion with the solicitation or award of a contract
may protest to the chief procurement officer. The
protest shall be submitted in writing within four-
teen (14) days after such aggrieved party knows
or should have known of the facts giving rise to
the action complained of.
(b) Authority to resolve protests. The chief pro.
curement officer shall have the authority, subject
to the approval of the city manager and the city
attorney, to settle and resolve a protest of an
aggrieved actual or prospective contractual party
concerning the solicitation or award of the con-
tract in question. Provided that in cases involv-
ing more than four thousand five hundred dollars
Supp. Na 10
1215
i 18.56.2
($4,500.00), the decisions of the chief procurement
officer must be approved by the city commission
after a recommendation by the city attorney and
city manager. The chief procurement officer shall
obtain the requisite approvals and communicate
to the protesting contractual party; or alter-
natively if the amount involved is greater than
four thousand five hundred dollars ($4,500.00),
submit decision to the city commission within
thirty (30) days after he receives the protest.
(c) Compliance with time requirements. Failure
of an aggrieved party to submit a protest within
the time provided in subsection (a), above, shall
constitute a forfeiture of such party's right to
complain and shall bar any legal action therefor
by such party. Failure by the city officials to com-
ply with the time requirements provided in sub-
sections (b) shall entitle the aggrieved party, at
its option, to bypass the provisions of this section
and institute legal action immediately. (Ord. No.
9572, § 1, 2-10-83)
Sec. 1856.2. Resolution of contract disputes.
(a) Authority to resolve contract disputes. The
city manager, after obtaining the approval of the
city attorney, shall have the authority to resolve
controversies between the contractual party and
the city which arise under, or by virtue of, a
contract between them; provided that, in cases
involving an amount greater than four thousand
five hundred dollars ($4,500.00), the city commis-
sion must approve the city manager's decision.
Such authority extends, without limitation, to con.
troversies based upon breach of contract, mistake,
misrepresentation or lack of complete performance,
and shall be invoked by a contractual party by
submission of a protest to the city manager.
-4b) Contract dispute decisions. If a Jispute is
not resolved by mutual consent, the city manager
shall promptly render.a written report stating
the reasons for the action taken by the commis-
sion or the city manager which shall be final and
conclusive. A copy of the decision shall be imme-
diately provided to the protesting party, along
with a notice of such party's right to seek judicial
relief, provided that the protesting party shall
not be entitled to such judicial relief without first
having followed the procedure set forth in this
section. (Ord. No. 9572, § 1, 2-10-83)
8'7-341.
8'7--341
e4
4 18-56.3
t
MIAMI CODE
x Sec. 18-56.3. Remedies prior to award.
If prior to contract award it is determined that
a solicitation or proposed award is in violation of
law, then the solicitation or proposed award shall
be cancelled by the city commission or revised to
comply with the law. (Ord. No. 9572, § 1, 2.10.83)
Sec. 18-56A. Debarment and suspensions.
(a) Authority and requirement to debar and sus.
pend After reasonable notice to an actual or pro.
spective contractual party, and after reasonable
opportunity to such party to be heard, the city
manager, after consultation with the chief pro-
curement officer and the city attorney, shall have
the authority to debar a contractual party for the
causes listed below fx orn consideration for award
of city contracts. The debarment shall be for a
period of not fewer than three (3) years. The city
manager shall also have the authority to suspend
a contractor from consideration for award of city
contracts if there is probable cause for debarment,
pending the debarment determination. The au-
thority to debar and suspend contractors shall be
exercised in accordance with regulations which
shall be issued by the chief procurement officer
after approval by the city manager, the city at-
torney, and the city commission.
(b) Causes for debarment or suspension. Causes
for debarment or suspension include the following -
(1) Conviction for commission of a criminal of.
fense incident to obtaining or attempting to
obtain a public or private contract or subcon.
tract, or incident to the performance of such
contract or subcontract;
(2) Conviction under state or federal statutes of
embezzlement, theft, forgery, bribery, falsifi-
cation or destruction of records, receiving stolen
property, or any other offense indicating a
lack of business integrity or business honesty;
(3) Conviction under state or federal antitrust
statutes arising out of the submission of bids
or proposals;
(4) Violation of contract provisions, which is re-
garded by the chief procurement officer to be
indicative of nonresponsibility. Such violation
may include failure without good cause to
Suw No.10
1216
4 18.58
perform in accordance with the terms and
conditions of a contract or to perform within
the time limits provided in a contract, pro-
vided that failure to perform caused by acts
beyond the control of a party shall not be
considered a basis for debarment or suspension;
(5) Debarment or suspension of the contractual
party by any federal, state or other govern•
mental entity;
(6) False certification pursuant to paragraph (c)
below; or
(7) Any other cause judged by the city manager
to be so serious and compelling as to affect
the responsibility of the contractual party per-
forming city contracts.
(c) Certification. All contracts for goods and ser-
vices, sales, and leases by the city shall contain a
certification that neither the contractual party
nor any of its principal owners or personnel have
been convicted of any of the violations set forth
above or debarred or suspended as set forth in
paragraph (bX5).
(d) Debarment and suspension decisions. Sub.
ject to the provisions of paragraph (a), the city
manager shall render a written decision stating
the reasons for the debarment or suspension. A
'zcitt-:,n shall be provided promptly to
the contractual party, along with a notice of said
party's right to seek judicial relief. (Ord. No. 9572,
§ 1, 2-10.83)
Sec. 18.57. Ethics.
Contracting for goods, services, sales, and leases
is to be deemed a public trust performed on behalf
of the citizens of the city. Any attempt by city
employees to realize personal gain by conduet in.
consistent with proper discharge of contracting
duties is a breach of public trust. The provisions
of city ordinances, county ordinances, and state
statutes shall be strictly enforced to preserve the
public trust. (Ord. No. 9572, § 1, 2.10.83)
City code cross reference —Conflicts of interest, § 2.301
et seq.
Sec. 18-58. Public access and information.
The public shall have access to all documents
and information pertaining to city contracts, sub-
8'7-341.
4/b —
APPENDIX C
OrN
I
W-J. .?ou
10/11/65
ORDINANCE NO- d O 0 6 2_-
AN ORDINANCE REPEALING ORDINANCE NO, 9773,
THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF
THE CITY Of MIAMI; FLORIDA AND SUBSTITUTING
THEREFOR A NEW MINORITY PROCUREMENT PROGRAM
ORDINANCE TO BE KNOWN AND CITED AS 'THE
MINORITY AND WOMEN AUSINESS AFFAIRS AND
PROCUREMENT ORDINANCE OF THE CITY .Of MIAMI,
FLORIDA.• ESTABLISHING A MINORITY AND WOMEN
BUSINESS AFFAIRS PROCUREMENT PROGRAM AND
COMMITTEE; PROVIDING FOR THE CREATION BY THE
CITY MANAGER 'OF AN OFFICE Of MINORITY AND
WOMEN BUSINESS AFFAIRS AND PROCUREMENT;
FURTHER SETTING FORTH A GOAL OF AWAROING AT
LEAST $1, PERCENT OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO BUSINESSES OWNED BY BLACKS (17%).
HISPANICS (17s); AND WOMEN (17%1; AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FIR THE DEVELOPMENT Of PROCEDURES, MEASURES
AAD RESOURCES TO IMPLEMENT SAID PROGRAM,
GOALS AND OBJECTIVES; AND CONTAINING A
SEVERABILITY CLAUSE.
WHEREAS; Ordinance No. 977S dealing with Minority
procurement has been found to be in need of revision and
modification to strengthen the effectiveness of the City of
Miami's Minority Procurement Policy and Program; and
WHEREAS; the City Commission; in repeating Ordinance No.
9776 an4 in adopting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
authorized pursuant to the Charter of the City of Miami,
Sections 52 and 63; and the Municipal Home Rule Powers Act of
19799 Chapter 166.001 et seq., Florida Statutes, as amended; and
WHEREAS; the U.S. Supreme Court has upheld Dade County
Ordinance No. 8247; adopted July 20, 1984; restricting bidding
on construction projects to stack -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS, findings of a City of Miami Minority Procurement
Disparity Study indicated a substantial exclusion of minority
and women -owned businesses from the City's proeuremOnt process
for the fiscal years between 1971 and 1901; and
WHEREAS, this Ordinance will prevent the perpetuation of
the effects of prior unwarranted discrimination which has
8'7-341.
y6-►
87-341-
brototere impaired; limited Ortoroelosed procurement and
contracting Opportunities for businesses owned by Blacks;
' Hispanics and Woman with the City of Miami; and
WHEREAS; the City of Miami has established a Volley of
constructive affirmative action to eliminate substantially the
effects of prior discrimination; and
WHEREAS; the proposed Minority and Women Business Affairs
and Procurement Progra■.and Policy Contains ,roquirem@ntS: (a)
that those who eootraet with the City of Miami in the areas of
procurement shall not discriminate against any business.
employee or applicant for employment because of age; ethnicity.
—� race; eroed;.eolor; religion; sex; national origin; handicap. or
marital status; and ibl that such City contractors have and
implement an Affirmative Action Or Equal Employment Opportunity
policy to ensure that such businesses; employees or applicants
for employment are treated equally without regard to age,
othnicity; race$ creed, color; religion; sox$ national origin.
handicap or marital status. and
WHEREAS, implementaCio+t—of this ordinance rill serve the
best Interest of the City and will maximize the opportunity for
small business concerns @rood and controlled by Blacks.
Mispanics ind Women to procure or contract 'k th the City of
Nia►rz 3n %at .: xy , '+:.,�tr�ie►tt� tnd
WHEREAS; to be effective it is necessary and desirable io
establish for the City of Miami a Minority and Women Business
Affairs Procurement Program with the appropriate goals,
objectives; administrativo procedure and resources; and adopt
1@9isistion remedying the affected Nispanie. Black and Women•
owned bvsioossos; —
NOW. TNEREFORE; BE IT ORDAINED BY THE COMMISSION OF THE
046
CITY OF MIAMI; FLORIOAt
Section I. This Ordinance shall be known and may be cited
as *The Minority and Women Business Affairs and Procurement
i
Program Ordinance of the City of Miami.•
Section to for the purpose of this Ordinance. the ;
following Corms phrasosg words, and their derivations sh411 have
the following messiness
i 0062
87 41b .
i
8'T-341. t
%*Am% Any corporation;
vartnersnip; individual, i proprietorship; joint stock
company, joint venture; professional association or any other
legal entity that is property licensed to do business with the
City of Miami and/or Dade County and/or the State of Florida.
Be Mir no 1ty and d,Vomer-Owned Business Enterprise means
a business enterprise in which at least 91 percent of said
enterprise is owned by Blacks, Hispanics or Vomen whose
managemint and daily business operations• are controlled by one
• or more Blacks; Hispanics or Venom.
Co Contract, means agreements for the procurement of
goods; services or construction of facilities for the City of
. Miami.
0. Facilities means all total -or partial publicly
financed projects including; but without limitation, unified
development projects, municipal public works and municipal
improvements to the extent they are financed with City money,
utilize City property; or require City services.
• E. Goods and •services include; without limitation,
publje works, improvements; facilities; professional services,
commodities; supplies, materials and equipment.
r. Cow means the percentages of the annual dollar
volume of procurement expenditures determined by this ordinance
to be offered for Minority and Vomen business participation.
Be Sets a is the term which will be used to
designate a given purchase or contract or a ;ortfon of a given
purchase or contract award for Black, Hispanic and/or Vomen-
owned businesses. Set -asides m only be' utilized where it 1s
determined; prior to the invitation to. bid or request for
proposalso that there are a sufficient number of certified
Black. Hispanic and/or Vensa-owned businesses to afford
effective competition fogy the purchase.
H. Joint Venture shall mean an association of persons
or legal entities with the intent to engage to and carry out a
single business enterprise for profit.
S'7-3 a 6
i
is Procurement Expenditures shall mean a purchase;
payment, distribution; loan or advance for the purpose of
acquiring or providing goods and sorrfees.
J. Affirmative Action Pi'an shall include the
proJeeted annual goals and the timetables which will be used to
employ and/or procure with women and minorities a non-
discrimination policy statement and any other actions which will
be used to ensure equity in. employment and the utilization of
minority and tamale -owned businesses.
Section B. A Minority and Women Business Affairs and
Procurement Program for the City of Miamf IS hereby established.
The City Managers Office shall be hold accountable for the full
and forceful implementation of the Minority and Venom Business
Affairs and Procurement Program by providing appropriate
recogendatioms for action by the City Commission.
A. For the purpose of assisting the City Manager in
the implementation ur. saiu o#ogram; a Minority and Nomen
Business Affairs and Procurement Committee is hereby
establfshod, Consisting of an appropriate number of members, to
be appointed by the City Manager; with full representation of
Nispentes. Blacks and Venom to be responsible for monitoring the
tmptementatiom of the program and making recommendations for
achieving the requirements of this Ordinance. The Committee
shall be responsible for generating yearly progress reports to
the City Commission sad the co■momity at large.
B. The City Ifaoagor shalts atiltzfng extsting
resources, create an Offic• of Mtnorfty and Venom Business
a
Affairs and Procurement; and shall provido the appropriate staff
and resources necessary for the performance of all such
administrative duties; authorise and implement the
administrative guidelines and procedures required; and ensure
Compliance ilth the functions required to promote the
achievement of the progres's goals and objectives of increasing
the volume of City procurentnt and contracts with Black.
NispamiC sad Vomen-owned businesses.
,. 4 10062
87-341� .
0'--341.
�a ,,•�., �• •1 4:hieve a goal
of awarding a minimum of M of the total annual dollar volume
of all procurement expenditures to Blacks. Hispanics and Yomen-
owned business enterprises to be apportioned as follows:
seventeen percent (17s) to Slacks; seventeen percent (17%) to
Hispanics and seventeen percent (17s) to ilomen.l
A. To furtber,the goal of increasing the total annual
values of all procurement expenditures to minority and women -
owned business enterprises; authority for a minority and womon-
owned business enterprise procurement set -aside Is hereby
established for use by the City Nonager as he or she may deem
advisabli or necessary to increase the partieipatloe of slack.
Hispanic• and Voman-owned bustaosles in City procurement
Caner'-W-i • '
B. It shalt be undatory for all City of N/am/
contracts and/or procurement award •documents to contain the
following: -
(i.1 A spoeific*retorenco to the applicability
-• of the Minority and Yosen Business Affairs —and Procurement
Program established by this Ordinance;
(2.) A provision stating 'the right of the City
to terminate and Cancel any Contract Or Contractual agreement
entered into; incladfng eilmination of the individual(s) and/or
business enterprlso(s) from eonstdoratten and participation in
future City contracts; on the basis of having submitted
deliberate and wilifal; false or misleading information as to
his; her or its status as a Slack. NlspaniC and/or Momen-owned
business enterprise and/or the quantity and/or type of minority
and women -owned business pertietpation;
(3.1 A requirement -that each successful bidder
or offeror agree to -provide a sworn statement of compliance with
the provisions of this Ordinance and its speciffe applieabttity
to the purchase or contract award under consideration; such
statement shall certify that the bidder or offeror, during the
1 Yemen, depending upon their own annual self-selection. shall be
listed to only one (1) of the categories: race* ethnicity,
gender.
s 87-24#-0069
6MJ 341
course of time invoived to t.. performance of the contract
sought by such bidder or offeror; shall not discriminate against
any business; employee or applicant for employment because of
age. ethnicity; 'race; creed; color, religion; sex, national
origin, handicap or marital status;
(4.1 A statement of the extent to which the
business enterprise has as on• or more of its partners or
principals persons Mho 'aro Slack; Ntspsnlc or Vomen, or is a
Joint venture comprised of a non minority and minority business
and/or women owned enterprise.
(5.1 A requirement that each bidder submit along
with the bid or proposal an Affirmative Action Plan (AAP). Any
significant equity participants; joint venture participants.
sub -contractors; suppliers or other parties to the bid or
Cl ol? :i %i be required to submit such plins.
:3.) A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
female iavolvement.
Section S. Bidders or offerors shall be required to
demonstrate a reasonable and good faith effort to solicit and
obtain the participation of qualified minority and women owned
businesses Wall bid and proposal documents.
Section S. txeept where federal or state taw or
regulations mandate to the contrary; the provisions of this
section will be applicable to all City of Miami, prebid, bid,
contract or other agreements negotiated by the City;
Section 7. the Minority and Vomen Winess Affairs and
Procurement Program established Aerete shalt be in of fact only
until such time as the effects of prior unwarranted
discrimination against Meks; Hispanics' and Vaasa have been
• compensated for, at which time the goals and set•esidas provided
for hereto shall so longer be observed. Such need shalt be
reviewed every two years by the City Commission, span the
recommandation of the City Manager.
f-
Section S. Ordinance No. 97759 the Minority Procurement
Program Ordinance of the City of Miami, F/ortda, is hereby
repealed.
10062
87-341o.
87!-14:1 l {4
!x!!ttyn 9. Should any part or provision of this Ordinance
:.chiclared by a Court of competent jurisdiction to be invalid.
same shall not affect the validity of the Ordinance as a whole.
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
November . 1985.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 19th day of December
ATTEST:
y r
r
y. t tT 4 .
City Clark
PREPARED AND APPROVED BY:
• NI
Deputy City -Attorney
APPROVED AS TO -FORM AND CORRECTNESS:
EUGIA it.
} City Attorney
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EXHIBIT 1. Declaration Form
EXHIBIT 2. Bid Proposal Submission
Form
m
7
EXHIBIT 1
i
TO: Cesar H. Odio
City Manager
City of Miami, Florida
Submitted
DECLARATION
day of
1987.
The undersigned, as Proposer (herein used in the masculine singular,
irrespective of actual gender and number) 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 management
agreement to which this proposal pertains, that this proposal is made
without connection or arrangement with any other person, that this
proposal is in every respect fair, in good faith, without collusion
or fraud.
The Proposer further declares that he has complied in every respect
with all the instructions to Proposers issued prior to the opening of
proposals, and that he has satisfied himself fully relative to all
matters ar, conditions to which the proposal pertains.
The Proposer proposes and agrees, if this proposal is accepted, he
will execute an appropriate City of Miami document for the purpose of
establishing a formal contractual relationship between him and the
City of Miami, Florida, for the performance of all requirements to
which the Proposal pertains.
The Proposer states that the proposal is based upon the Request for
Proposals issued by the City, dated April 20, 1987, for the
professional management of City -owned Miamarina, excluding the
commercial fishermen dockage area, located at an adjacent to Bayfront
Park and the Bayside Specialty Center.
Signature
87-341=,
87o-3410
4:
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EXHIBIT 2
~ 1 10�.
BID PROPOSAL SUBMISSION
' TO: City of Miami
' Of fice of the City Clerk
3500 Pan American Drive
Miami, Florida 33133
Attention: Department of Development
'[ (1) The undersigned hereby makes a proposal to enter into a
Imanagement agreement with the City of Miami for a term not to exceed
i f ifteen (15) years beginning on the date of execution of a lease
agreement, for the management of Miamarina, excluding the commercial
fishermen dockage area, located at and adjacent to Bayfront Park and
the Bayside Specialty Center.
(2) The undersigned expressly authorized the City of Miami to
solicit and obtain information and verification from any source named
in or in connection with this proposal.
THIS BID PROPOSAL SUBMITTED BY
Name of Corporation
Address of Corporation
Signature
Title
Signature — Title
(Pl4ase attach a Corporate Resolution and affix Corporate Seal here
and on the Corporate Resolution)
877341.
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8'27-P341
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46
CITY OF MIAMI. FLORIDA
• INTER -OFFICE MEMORANDUM
1
Ta. Honorable Mayor and Members '""'
of the Ci ty Commi ssi on DATE' ;-:' '' FILE:
SUBJECT: Proposed Resolution:
Issuance of Miamarina Pro-
fessional Management
Cesar H. Odio vile Services RFP for
FROM. REFERENCES: City Commission Meeting
City Manager
ENCLOSURES. April 9, 1987
RECOMMENDATION:
It is respectfully recommended that the
attached Resolution authorizing the City
for Proposals (RFP), in substantially
professional management of City -owned
commercial fishermen dockage area.
BACKGROUND:
City Commission adopt the
Manager to issue a Request
the attached form, for the
Miamarina, excluding the
The Department of Development has prepared a Draft Request for
Proposals (RFP) for procurement of professional management services
for Miamarina, containing approximately 165 boat slips adjacent to
the Bayside Specialty Center. The 35 slips designated for the
commercial fishing fleet will be operated by the City and are ex-
cluded from the premises to be managed under this RFP.
On January 8, 1987, the City Commission adopted Motion 87-62 autho-
rizing and directing the administration to issue a Request for
Proposals (RFP) in connection with the renovation and operation of
Miamarina. The Motion further directed the administration to in -
elude in the RFP the stipulation that the successful proposer shall
reimburse the City for the cost of marina renovations in an amount
of $1,600,000. In addition, the successful proposer shall be re-
quired to reimburse the City an amount of $1,675,000 (plus interest
estimated at $248,000 as of April 8, 1987) which represents monies
previously expended to buy out the prior management/lease agreement.
The reimbursements required by the successful proposer total an
i. approximate amount of $3,523,000.
Section 18-52.2 of the City of Miami Code requires competitive nego-
tiations procedures to be followed with respect to procurement of
professional management services.
The draft RFP is summarized in the Executive Summary attached.
Attachments: Proposed Resolution
Executive Summary of Draft RFP
Draft RFP
46-1
EXECUTIVE SUMMARY
REQUEST FOR PROPOSALS
FOR
PROFESSIONAL MANAGEMENT SERVICES
FOR
MIAMARINA
Overview
The City of Miami is extending invitations to qualified and
experienced proposers to submit proposals for the professional
management of City -owned Miamarina, excluding the commercial
fishermen dockage area, located at and adjacent to Bayfront Park
and the Bayside Specialty Center. Miamarina is comprised of 200
boat slips of which 35 slips are set aside for the commercial
fishermen and are excluded from the marina management area
defined in this RFP. Professional management services are sought
for marina facilities that include three piers and finger piers
to accommodate approximately 165 boat slips for use of and by the
general public.
Miamarina facilities shall be managed to a quality consistent
with other first class marinas in the Miami -metropolitan area and
to a comparable level of quality commensurate with the quality
and character of the operation and management of the Bayside
Specialty Center.
The successful proposer shall be responsible for, among other
duties, charging and collecting dockage fees for the services
rendered in conformity with a prescribed schedule of rates set by
the City. The uses permitted at the managed premises include
dockage of recreational boats (non -live -aboard) and dockage of
live -aboard boats up to a maximum two -week length of stay.
Dockage of live -aboard boats exceeding a two -week stay are not
permitted. Boat sales and rentals, boat repairs, boat storage,
and sale of supplies or provisions for boats are not permitted
uses at the marina premises to be managed.
The management agreement will be structured to provide the
successful proposer with a percentage of the revenues collected
as compensation for providing professional management services to
the City. This does not, in any way, constitute a lease
agreement or any interest in real property.
a
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Proposal Submission Requirements
The successful proposer shall manage the specified marina
facilities under a pro`_essional management services agreement for
a term not to exceed 15 years, in accordance with the standards
of operation and maintenance set forth in the Miamarina Agreement
executed October 24, 1985, between the City and Bayside Center
Limited Partnership.
The successful proposer shall be required to reimburse the City
for monies previously expended to buy out a management/lease
agreement in effect prior to the construction of the Bayside
project. The City has a prior commitment in the amount of
$1,675,000, plus interest which is estimated to be $248,000
through April 8, 1987, (opening date of Bayside) for a total of
approximately $1,923,O00.
In addition, the successful proposer shall be required to
reimburse the City for the costs of marina renovations in an
amount of $1, 600, 000.
Required reimbursements total $3,523,000.
Selection Committee
The Selection Committee appointed to evaluate proposal
submissions according to the established evaluation criteria and
forward recommendations to the City Manager is anticipated to be
comprised of two professionals from the private sector and
representatives from three City Departments as follows:
David Weaver, Intercap Investments, Inc.
Mario Bustamante, U.S. Yacht Racing Union
City Manager's Office
General Services Administration, Property and
Lease Management Division
Parks, Recreation and Public Facilities Department,
Marinas Division
Evaluation Criteria
Experience of the proposer 20%
Capability of the proposing team 20%
Financial capability, level of financial 20%
commitment
Financial return to the City 20%
Extent of minority participation 20%
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Proposal Selection Schedule
Issuance of RFP
April
20,
1987
Proposal Submission Deadline
June
1,
1987
- Selection Committee Evaluation
June
9,
1987
Recommendations to the City
Manager from the Selection
-
Committee
June
23,
1987
City Manager's Recommendation
to the City Commission for
Selection of Proposer
July
9,
1987
3