HomeMy WebLinkAboutR-87-0045J-87-44
12/30/86
RESOLUTION NO. 8 7 - 4 5
A RESOLUTION AUTHORIZING THE
ISSUANCE OF A REQUEST FOR PROPOSALS,
IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE UNIFIED
DEVELOPMENT OF A FULL -SERVICE BOAT
YARD FACILITY, MARINA AND ANCILLARY
MARINE -RELATED RETAIL USE ON AN
APPROXIMATELY 12.57 ACRE CITY -OWNED
WATERFRONT .PARCEL INCLUDING 6.36
ACRES OF UPLAND AND 6.21 ACRES OF
BAY BOTTOM CONTIGUOUS TO THE UPLAND
LOCATED AT 2640 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA.
WHEREAS, the City of Miami Charter Section 53(c) allows for
"Unified Development Projects" where an interest in real property
is owned or is to be acquired by the City and is to be used for
development of improvements; and
WHEREAS, on October 7, 1986, by Resolution No. 86-808, the
City Commission determined that the development of approximately
12.57 acres of City -owned, waterfront property including 6.36
acres of upland and 6.21 acres of bay bottom contiguous to the
upland located at 2640 South Bayshore Drive, Miami, Florida,
would best be accomplished using the UDP process for a full -
service, boat yard facility, marina, and ancillary marine -related
retail use; and
WHEREAS, Section 53(c) of the City Charter requires that the
City Commission hold a public hearing to consider the contents of
the Request for Proposals (RFP); and
WHEREAS, Section 53(c) further authorizes, at the conclusion
of the public hearing, issuance of a RFP, selection of a
certified public accounting firm, and appointment of members to a
review committee from persons recommended by the City Manager;
and
WHEREAS, on December 11, 1986, the City Commission held a
public hearing to consider the contents of the RFP and at its
conclusion, selected a certified public accounting firm and
appointed members to a review committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF MIAMI, FLORIDA:
CITYYgC�T�OMNM;ISSION
DF THg-IrtTY OF
JAN 8 1987
RESOLUTION Na. VQ7 - 4 :1
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Section 1. The City Manager is hereby authorized to issue a
Request for Proposals, in a form acceptable to the City Attorney,
for the Unified Development of a full -service boat yard facility,
marina, and ancillary marine -related retail use on approximately
12.57 acres of City -owned, waterfront property including 6.36
acres of upland and 6.21 acres of bay bottom contiguous to the
upland located at 2640 South Bayshore Drive, Miami, Florida.
Section 2. Said Unified Development project may include the
following elements:
- Planning and design, construction and leasing; or
- Planning and design, leasing and management; or
- Planning and design, construction, and management; or
- Planning and design, construction, leasing and
management.
PASSED AND ADOPTED this 8th day of January 1987.
XAVIER L. SUAR , Mayor
ATTEST:
FFATTY HIRAI, City Clerk
PREPARED AND APPROVED BY: AP OVEEP'AS TO FORM AND CORRECTNESS:
CHRIST ERG. KOR E L IA A. RTY
Assistant City Attorne� City Attorney
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO, Honorable Mayor and Members
of the City Co fission
FROM, Cesar H. Odlo
City Manager
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RECOMMENDATION:
61
DATE: D E C 3 ■ 1986 FILE:
SUBJECT Resolution Authorizing Issuance
of UDP RFP: 2640 South Bayshore
Drive Property
REFERENCES: For City Commission Meeting of
January 8, 1987
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the issuance of a unified development
Request for Proposals (RFP) for the 12.57 acre site located at 2640
South Bayshore Drive, Miami, Florida, in a form acceptable to the
City Attorney.
BACKGROUND:
The Department of Development has prepared a Draft Request for
Proposals for the unified development of the 2640 South Bayshore
Drive property. The City Commission held a Public Hearing on
December 11, 1986, at which time public testimony was heard regarding
the contents of the RFP. At the conclusion of the public hearing the
Commission authorized the issuance of the RFP as amended, selected a
certified public accounting firm and appointed members to a review
committee to evaluate proposal submissions and render independent,
written reports as required by Section 53(c) of the City Charter and
Code.
The attached Resolution is before the City Commission to authorize
the issuance of the revised RFP that includes the following
modifications:
-- Prohibition against dry boat storage in existing
hangar structures deleted
-- 2% lease override payment to the City deleted
-- A $350,000 minimum annual guaranteed rental payment
to the City included in lease terms
-- Ancillary marine -related retail space includes food
and beverage sales not to exceed 3,000 sq.ft. of
total allowable 20,000 sq.ft.
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Honorable Mayor and Members
of the City Commission
Page Two
-- Biscayne Bay clarified in document as an aquatic
preserve, filling of bay bottom prohibited by the
Biscayne Bay Aquatic Preserve Act
The attached Draft RFP is blacklined to indicate document revisions.
This item has been duly advertised as a public hearing for 2:30 pm on
the City Commission meeting agenda of January 8, 1987.
Attachments:
Proposed Resolution
,b Draft RFP
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DP.AFT
REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS
FOR
2040 SOUTH BAYSHORE DRIVE
MIAM_I, FLORIDA
TO BE ISSUED:'JANUARY 19, 1987
CITY OF MIAMI
Xavier L. Suarez, Mayor
IS J.L. Plummer, Jr., Vice Mayor
Joe Carollo, Commissioner
Miller J. Dawkins, 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
BLACKLINED
OV, NO%
Proposals Due:'2:00 p.m.- Monday, April 20, 1987
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AZLE OF CONTENTS
I. PUBLIC NOTICE ........................................
II. OVERVIEW
A. Summary .........................................
Figure 1. Regional Location Map ..............
Figure 2. Area Location Map.
B. Development Objective ...........................
C. Site Description ................................
Figure 3. Project Location Map ...............
D. Existing Facilities Description .................
E.'Commitment of Funds ..............................
F. Unified Development Schedule ....................
III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS
A. City of Miami Charter Section (53c).............
B. Definitions of Uses .............................
C. Commitment of Services by the City ..............
IV. PROPOSAL SUBMISSION GUIDELINES, FORMAT;
AND PROCEDURES
A. Proposal Development Considerations .............
B. Proposal Format .................................
C. Proposal Submission Procedures ..................
V. EVALUATION CRITERIA
A. Review Committee Evaluation Criteria............
B. CPA Firm Evaluation Criteria ....................
VI. TERMS AND CONDITIONS TO BE CONSIDERED
INTHE LEASE.AGREEMENT ...............................
VII. DECLARATION............ 0.............. 0..............
VIII. FINANCIAL DISCLOSURE AND
PROFESSIONAL INFORMATION .............................
APPENDIX A. Pertinent Legislation
APPENDIX B. City of Miami Baywalk Design Standards
APPENDIX C. City of Miami Minority and Women Business
Affairs and Procurement Ordinance No. 10062
EXHIBIT 1. Legal Description & Existing Site Plan
EXHIBIT 2. Legal Description & Proposed Expansion Area Plan
(Note: Exhibits not included in this Draft)
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87-45
0 I. PUBLIC NOTICE
The City of Miami is inviting interested parties to submit Unified
Development project proposals for the planning and design,
construction, leasing and management of approximately 12.57 acres
of City -owned, waterfront property located at 2640 South Bayshore
Drive, Miami, Florida, for a full -service boat yard facility,
marina, and ancillary marine -related retail use. The property
includes 6.36 acres of upland and 6.21 acres of bay bottom
contiguous to the upland extending into Biscayne Bay.
All proposals shall be submitted in accordance with the Request for
Proposals document which may be obtained from the City of Miami
Department of Development, 300 Biscayne Boulevard Way, Suite 400,
Miami, Florida. These documents contain detailed and specific
information.'regarding the property being offered for Unified
Development and the City's goals for the use of the property by the
successful proposer.
The City with conduct a 'Proposal* Pre -Submission Conference on
_Monday, February 3, t Jts i , i b : ee a.m. , - at the Department or
is Development: While, attendance At 'the Pre -Submission Conference is
not a condition for offering proposals, 'all prospective
proposers are invited to attend.
Proposals must be delivered to Matty Hirai, City Clerk, City Hall,
3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Monday,
April_ 20,1.987, and will be publicly opened on that day.
The City of Miami reserves the right to accept any proposals
deemed to be in the best interest of the City, to waive any
irregularities in any proposals, or to reject any or all proposals
and to re -advertise for new proposals. In making such
determination, the City'.s consideration shall include, but not be
limited to: the . proposer's experience, capability of the
development team, the dollar amount return offered to the City, the
proposer's-financial qualifications, the overall project design,
the extent of minority participation, and the evaluation by the
City of all information submitted in support or explanation of the
proposed development of the property.
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Cesar H. Odio
City Manager
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II. OVERVIEW
A. Summary
The City of Miami is extending invitations to qualified and
experienced developers to submit proposals for development of a
full -service boat yard facility, marina, and up to 20,000 square
feet of ancillary marine -related retail use on approximately 12.57
acres of waterfront property at Dinner Key. Dinner Key lies in the
southeastern quadrant of the City of Miami, Dade County, Florida,
as shown in Figure 1. Regional Location Map and Figure 2. Area
Location Map.
The 12.57 acre site, located.at 2640 South Bayshore Drive, Miami,
Florida includes 10.88 acres commonly referred to as the Merrill
Stevens Dry Dock Company leased property. The 10.88 acre parcel is
comprised of 6.36 acres of upland and 4.52 acres of bay bottom
contiguous to the upland extending into Biscayne Bay (refer to
Exhibit I. Legal Description and Existing Site Plan). The City is
offering an additional 1.69 acres of bay bottom as an option for
expansion of the existing marina facilities (refer to Exhibit 2.
Legal Description and Proposed Expansion Area Plan).
Proposals shall include planning and design, financing and
construction of improvements appropriate to the character of the
site and the Dinner Key waterfront. The property, in public
ownership by the City of Miami, is to be redeveloped, leased,
operated, managed, and maintained, at no cost to the City, by the
successful proposer under a property lease agreement with the City
of Miami.
B. Development Objective
The Unified Development program
for lease recognizes the need
facilities within'the Dinner Key
for Proposals document seeks a
marina, and marine -related reta
while enhancing public access to
:or the waterfront property offered
:or preserving full -service marine
area on Biscayne Bay. This Request
full -service boat yard facility,
.1 use of publicly -owned property,
the waterfront.
The City's Unified Development objective may be achieved by
compatible public/private utilization of the property. Proposals
shall effectively and efficiently integrate the commercial use of
the property with increased physical and visual public access to the
waterfront as well as preservation of public open space.
C. Site Description
The 12.57 acre City -owned waterfront site is located at 2640 South
Bayshore Drive within the Dinner Key area as shown in Figure 3.
Project Location Map. The property is bounded generally on the east
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HOMESTEAD AND KEY WEST
Figure 1. Regional Location Map
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87-45 1'
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by Biscayne Bay and generally on the west by City of Miami park
property adjacent to South Bayshore Drive. Adjacent leaseholds on
City -owned property generally to the south include Grove Key Marina
and The Chart House Restaurant (sub -lease of Grove Key Marina).
Miami City Hall is in close proximity immediately south of Grove Key
Marina. Abutting the property generally on the north lies the City
of Miami Department of Public Facilities and the Elizabeth Virrick
Boxing Gym. Monty Trainer's Bayshore Restaurant and ;Marina is
located generally to the north of the City offices separated by a
surface parking lot.
The 2640 South Bayshore Drive property is comprised of 6.34 acres
of upland and 4.52 acres of bay bottom contiguous to upland
extending into Biscayne Bay, commonly referred to as the Merrill
Stevens Dry Dock Company leased property. The City will consider
offering an additional 1.69 acres of bay bottom for marina
expansion/reconfiguration purposes. The total bay bottom available
is 6.21 acres. Total acreage of the property is 12.57 acres.
The site is zoned PR -Parks & Recreation. The, bay bottom acreage is
00 a part of Biscayne Bay, 'an aquatic preserve. -'..The' Biscayne Bay
Aquatic Preserve Act prohibits fi:lling'bay bottom. The successful
proposer shall be responsible for obtaining a Major Use Special
Permit from the City of Miami 1.and approval from the Metropolitan
Dade County Shoreline Review Board prior to construction.
D. Existing Facilities Description
From 1949 to 1984, the 2640 South Bayshore Drive property was leased
to Merrill Stevens Dry Dock Company. Since the expiration of the
lease agreement with the City in July, 1984, Merrill Stevens has
continued to occupy the site as a tenant of the City.with a 90-day
notice provision to vacate.
Existing facilities are shown on the property Site Plan included as
Exhibit 1. Facilities- include two steel frame and panel hangars
built by Pan American -Airways when it selected Dinner Key as the
amphibious aircraft base for its Interamerican Operations. The
larger_ of the two hangars includes 38,451 sq.ft. Dimensions are
211.5' in width, 181.8' in length and 54' in height. ,The larger
hangar is currently used primarily to provide large boat dry
storage. An upper loft level has been added for additional office
space. The smaller hangar includes 18,562 sq.ft. Dimensions are
102,10' in width, 181.8" in length, and 37' in height. The
interior of the smaller hangar has been altered to provide office
space.
Other facilities on the property include a one-story, 250 sq.ft.
machine shop and miscellaneous small structures.
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The marina includes concrete docks containing 52 slips, a fuel dock
and a dockmaster building. A seawall, 1,091.5 linear feet in
length, forms the upland edge of the property.
The property and facilities Will be open for inspection to
prospective proposers by appointment only. Contact Alberto Armada,
City of Miami Property and Lease Manager, at telephone (305) 579-
6318 for an appointment.
E. Commitment of Funds
1 . Ci ty
The City intends to provide no direct financing to the development.
The City will.. enter into a property lease agreement with the
successful proposer for the property. The lease term schedule is
included in Section IV.A.2. of this document. The schedule in no
case will allow the lease term to exceed the year 2012. The lease
agreement will be structured to provide the City with a minimum
annual guaranteed rent of $350;000 or a percentage of gross revenues
generated, whichever is greater.
City owned property is held in public trust and cannot be mortgaged
or subordinated in any way as a par of tHeTase agreement. 'I'tre'
City is prepared, however, to accept the secondary position or lease
paMents. a form of subordination,' to the extent determined to be
reasonable in helping the successful proposer obtain financing.
All leasehold improvements shall revert to the City upon the
expiration of the lease term.
2. Successful Proposer
The successful proposer is required to provide equity and debt
capital adequate to finance all aspects of the proposed Unified
Development of the property. Proposals are expected to include
adequate market and feasibility studies to allow assessment and
evaluation by the selected certified public accounting firm as a
part of the proposal review process.
The successful proposer is required to renovate and upgrade existing
marina facilities including -repair `'and or replacement of the
seawall.
The successful proposer shall provide funding to reimburse the City
for direct costs incurred in evaluating all proposal submissions,
including appraisal fees and the professional services cost of a
certified public accounting firm selected by the City Commission.
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F. Unified Development Schedule (Anticipated)
Issuance of Request for Proposals
Proposal Pre -Submission Conference
Location: Dept. of Development
300 Biscayne Blvd. Way
Suite 400
Miamorida
Proposal Submission Deadline
Location: Office of the Citv_ Clerk
Miami City Hall
3500 Pan American Drive
Miami, Florida
Acquisition of Appraisals
CPA Firm Evaluation
Review Committee Meeting
Review Committee Interviews
with Qualified Proposers
Recommendation from the Review
Committee and CPA Firm to the
City Manager
January 19, 1987
February 3, 1987
10:00 a.m.
April 20, 1987
May 20, 1987
May 20, 1987
June 1, 1987
June 1, 1987
July 15,198
Recommendation from the City Manager
to the City Commission for
Selection of a Proposer September 10, 1987
Begin Contract Negotiations
with Successful Proposer September 15, 1987
City Commission Approval of
Negotiated Contract and
Possession of the Leasehold
Property November,' 1987
III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS
A. The CITY OF MIAMI CHARTER, Section 53(c), provides the
following:
UNIFIED DEVELOPMENT PROJECTS
Definition
Unified Development project shall mean a project where an
interest in real property is owned or is to be acquired by
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87-45
the City, and is to be used for the development of
improvements, and where the 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 of Miami, one (1) or more of
the following integrated packages:
(i) Planning and design, construction, and leasing;
or
(ii) Planning and design, leasing, and management; or
(iii) Planning and design, construction, and
management; or
(iv) Planning and design, construction, leasing and
management.
So long as the person from whom the City procures one of the
above mentioned integrated packages provides all of the
functions listed for that package, such person need not
provide each listed function for the entire Unified
Development project nor for the same part of the Unified
Development project.
Requirements of Request for Proposals
Request for proposals for Unified Development projects shall
generally define the nature of the uses the City is seeking
for the Unified Development project and the estimated
allocations of land for each use. They shall also state the
following:
(i) The specific parcel of land contemplated to be used
or the geographic area the City desires to develop
pursuant to the Unified Development project.
(ii) The specific evaluation criteria to be used by the
below -mentioned certified public accounting firm.
(iii) The specific evaluation criteria to be used by the
below -mentioned review committee.
(iv) The extent of the City's proposed commitment of
funds, property, and services.
(v) The definitions of the terms "substantial increase"
and "material alteration" that will apply to the
project pursuant to subsection (e)(iv) hereof.
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(vi) A reservation of the right to reject all proposals
and of the right cf termination referred to in sub-
section (e)(iv), below.
vii) Any and all requirements set out in Section
18-52.9(c) in the City of Miami Code and in Section
53(c) of the City of Miami Charter. Refer to
Appendix A.)
Issuance of Request for Proposals; Selection
of C.P.A. Firm; Appointment of Review Committee
After public notice there shall be a public hearing at which
the Commission shall consider:
(i) The contents of the Request for Proposals for the
.subject Unified Development project;
(ii) The selection of a certified public accounting firm,
which shall include at least one member with previous
experience in the type of development in question;
(iii) The recommendations of the City Manager for the
appointment of persons to serve on the review
committee. Said review committee shall consist of an
appropriate number of City officials or employees and
an equal number plus -one of members of the public,
whose names shall be submitted by the City Manager no
fewer than five days prior to the above mentioned
public hearing.
At the conclusion of the public hearing the Commission shall
authorize the issuance of a Request for Proposals, select a
certified public accounting firm, and appoint the members of
the review committee only from among the persons recommended
by the City Manager.
Procedures for Selection of Proposals
The procedures for the selection of an integrated package
proposal shall be as follows:
(i) All proposals shall be analyzed by a certified public
accounting firm appointed by the Commission based
10 only on the evaluation criteria applicable to said
certified public accounting firm contained in the
Request for Proposals. Said certified public
accounting firm shall render a written report of its
findings to the City Manager.
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The review committee shall evaluate each proposal
based only on the evaluation criteria applicable to
said review committee contained in the Request for
Proposals. Said review committee shall render a
written report to the City Manager of its evaluation
of each proposal, including any minority opinions.
1) Taking into c;nsideration the findings of the
aforementioned certified public accounting firm and
the evaluations of the aforementioned review
committee, the City Manager shall recommend one or
more of the proposals for acceptance by the
Commission, or alternatively, the City Manager may
recommend that all proposals be rejected. If there
are three or more proposals and the City Manager
recommends only one, or if he recommends rejection
of all proposals, the City Manager shall state in
writing the reasons for his recommendations.
In transmitting his recommendation or recommendations
to the Commission, the City Manager shall include the
written reports, including any minority opinions,
rendered to him by the aforementioned certified
accounting firm and review committee.
(iv) All contracts for Unified Development projects shall
be awarded to the person whose proposal is most
advantageous to the City, as determined by the
Commission.
The Commission may accept any recommendation of the City
Manager by an affirmative vote of a majority of its members.
In the event the. Commission does not accept a proposal
recommended by the City Manager or does not reject all
proposals, the Commission shall seek recommendations
directly from the aforementioned review committee, which
shall make a- recommendation or recommendations to the
Commission taking into account the report of the
aforementioned certified public accounting firm -and the
evaluation criteria specified for the review committee in
the Request for Proposals.
After receiving the direct recommendations of the review
committee, the Commission shall by an affirmative vote of a
majority of its members:
(1) Accept any recommendation of the review committee; or
(2) Accept any previous recommendation of the City Manager;
or
(3) Reject all proposals.
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0 Execution of Contracts
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All contracts for Unified Development projects shall be
signed by the City Manager or his designee after approval
thereof by the Commission. The provisions of this Charter
section shall supersede any other Charter or Code provision
to the contrary.
Right of Termination
Subsection (e)(iv): .. .. . ,
Any_substantial increase in the City's commitment of funds,
property, or services,, or any-,mater3.al alteration or any
contract awarded —for Un3.fied Development projects s ail
entitle the City Commission to terminate the contract arz.er
a public hearing'. Prior to such publichearing, the
Commission shall seek and obtain a report rom the U3.ty
Manager and from 'the Review Committee that evaluated the
Definition of Uses
Proposals must include a definitive development program
including phasing, if any, financial strategy and
feasibility, and a guaranteed time of completion schedule
that can be realistically evaluated under the requirements
of this Request for Proposals to form the basis for
selection by the City.
C. Commitment of -Services by the Cit
Services such as police and fire protection, equal to those
provided any private development within the City of Miami,
shall be provided by the City. All additional security,
etc., shall be the responsibility of the developer.
As required by subsection (e)(iv) of Charter Section 53(c)
"substanti'al increase" shall be defined as a 10% increase
to the City's proposed commitment of funds, property
and/or services and "material alteration" shall be defined
as failure to comply with all aspects of the proposal
except as specifically permitted in writing by the City
Manager.
IV. PROPOSAL SUBMISSION GUIDELINES AND FORMAT
A. Proposal Development Considerations
Respondents to this invitation are advised that the
following factors must be considered and adhered to in the
development of project proposals and will be critically
evaluated.
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1. Develonment Objective
Proposals must meet the City's development objective of
compatible public/private utilization of the Dinner Key
waterfront property. Proposals must preserve, provide
and maintain full service marine services for the
boating community, and enhance public access to. and
enjoyment of the Biscayne Bay waterfront at Dinner Key.
Aesthetics of the development will be a prime
consideration in the evaluation of proposals. Whether
a proposal is to refurbish and expand existing
facilities or to build new facilities, the City expects
the architecture to respect the local environment and
be responsive to the local climate. Of special concern
is the facade and silhouette as well as landscape
treatment as viewed from South Bayshore Drive.
2. Lease Term
The lease term of an executed lease agreement between
the City and the successful proposer will be structured
according to the dollar amount of investment to the
property by the successful proposer, as follows:
For a minimum investment of $1.5 million, the lease
term shall be 7 years plus one 3 year negotiated
option to renew.
For each additional minimum $500,000 investment, the
base term of 7 years shall be extended by 3 years.
The 3 year negotiated option to renew remains
constant.
i.e.: $ Investment
A minimum of $1.5 million
A minimum of $2 million
A minimum of $2.5 million
etc.
Lease Term
7 years plus one
3 year negotiated
option to renew
10 years plus one
3 year negotiated
option to renew
13 years plus one
3 year negotiated
option to renew
In no case shall the lease term exceed the year 2012.
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3. Use
Allowable commercial uses include a full -service boat
yard facility, marina, and ancillary marine -related,
retail space, as more particularly defined below:
(a) Full Service Boat Yard
A full -service boat yard facility is herein defined as
a facility offering boat hauling, storage, repair and
maintenance services for boats greater than 28 feet in
length.* Maximum boat size and weight are not limited
by this REP, but will be affected by local water
depths.
The facility shall offer the opportunity for individual
boat owners to provide repair services, general
maintenance and improvements independent of those
provided by the operator.
The boat yard facility must provide for full boat
repairs including electrical, mechanical, plumbing,
planking, rigging, carpentry, hull repairs, and engine
p=a. `R- The boat yard facility must include showers
and restrooms for users.
Hull repairs, painting,
must be conducted in
applicable City, County,
governing noise, odor and
Dry boat stor
structure s .
(b) Marina
scraping and engine repairs
full compliance with all
State and Federal regulations
air pollution controls.
e must be contained. within a covered
Proposers are required to
existing marina facilities
replacement of the 1,091.5'
marina shall be renovated. o
_Metropolitan area.
_wet slip storage,
s for boats greater
renovate and upgrade the
including repair and/or
linear foot seawall. The
)erated and maintained to a
er first class marinas in
The *marina, facility s =a
launching an au ing
than 28 feet in engt .
*The adjacent leasehold, Grove Key Marina, has the
exclusive right at Dinner Key to haul and store boats
up to and including 28 feet in length, per an existing
lease agreement with the City executed April 1, 1976.
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Proposers are offered the option to expand the marina
by an area of 1.69 acres and to redesign the piers to
maximize the number of slips for wet boat storage that
the marina may functionally accommodate.
The marina shall include dockmaster services during
normal working hours to direct docking activities and
for the sale and pumping of fuel. Provisions for
twenty-four hour security, emergency fuel pumping
services at the request of the U.S. Coast Guard,
police, or other authorities as may be designated by
the City of Miami, and fire -fighting equipment to
provide emergency services in accordance with the City
of Miami Fire Code.
(c) Ancillary Marine -Related Retail Space
Proposals may include a maximum of 20,000 sq.ft. of
retail space to provide marine -related retail services
including a_'maximum of '3,000 sq.ft. for food and
beverage sales. Commercial use of space is to be
understood to be complimentary to the operation of a
48 full -service boat yard and marina.
Marine -related retail space may include, but not be
limited to such activities as a ships store, marine
parts shop, marine electronics shop, yacht brokerage,
boat dealers, fishing supplies, sail maker, charter
services, marine apparel, and food and beverage sales
not to exceed 3,000 sq.ft.
4. Architectural Treatment of Facilities
The City � •will , • .consider ., •proposals
re ur is ing• o , t e• exis ing angar s r
that include
Construction- -of new -structures and/or refurbishing of
existinghangar 'structures must be arc i ec ura y
acceptable an wi
selection process.
shall be limited to
criteria. All new
corridor and public
the City Charter.
All dry boat sto
structure s .
5. Site Improvements
e critically evaluated in the
Overall height of - new structures
55 feet above grade including flood
structures shall recognize the view
access requirements as set forth in
e must be- located within a covered
A public access easement with improved walkways,
lighting, landscaping and seating shall be provided
along the water's edge from north to south to reclaim
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87 -4 5 -i
public property for public open space and provide visual
and physical connection to Miami's waterfront. The
easement shall be a minimum of 20 feet wide and designed
in accordance with City of Miami Baywalk Design
Standards (Appendix B). The City recognizes the
necessity to separate public access and boat hauling
functions and will consider architectural solutions to
such separations.
As outlined in Section IV.A.3.(b) above, proposers are
required to repair and or replace the existing seawall.
Parking and service areas shall be organized,
appropriately landscaped, and screened from surrounding
streets and adjacent property. Proposals shall include
a compatible, safe and effective pedestrian and
vehicular circulation system to service the proposed
development.
All site improvements must comply with all applicable
is code requirements. All signage shall be reviewed and
a rove3 by the City of Miami Planning Department.
Proposers will be responsible for acquiring all require
permits and approvals.
T�
6. Estimated Construction Cost
A detailed construction cost estimate shall be furnished
for the entire proposed development.
7. Project Financing Strategy
The proposer is expected to provide financing for all .
building and site improvements including public spaces
and amenities associated with the development.
8. Development Schedule
Respondent must submit a schedule delineating the
proposed development schedule for each significant
improvement. Development should commence within six
months from the transfer of the leasehold property to
the successful proposer. A reversion clause will be
included within the lease agreement to insure
reasonable compliance with the proposed implementation
schedule.
The timetable for completion of the proposed
construction will be considered as weli as tTie
pro poser's plans and commitment to minimizing the impac
16
87-4� ;
of construction on use of the site. All proposed
development must be completed within- an initial
specified timeperiod; or if phased development is
tir000sed the successful proposer must post a bond Eo
insure that additional phases will, in fact, to e p acs
as planned.
9. Method of Operation
The operation of the entire proposed development shall
be described. The description should include an
organizational chart, job descriptions of key positions,
brief outline of operating procedures, how and where the
development will be advertised, indication of which
businesses are intended to be operated by proposer and
which businesses are intended to be subleased or to be
operated under a management contract. If independent
management services are to be involved, then the
applicable pages of the Proposer's Questionnaire
included in Section VIII. of this document must be
completed by management contractors.
10. Minority Participation
40 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
development team, participate substantially in
construction cons act and jobs, and comprise a
significant part of the permanent management team, as
well as all businesses and work force created by the
development.
11. Contract Terms
Section VI. provides numerous contract terms and
conditions that the proposer must consider when making a
proposal. Proposers• must provide specific suggested
clauses for inclusion into the lease with the City.
Various standard City clauses are included in Section
VI. and must be adhered to.
The eventual contract negotiated between the successful
proposer and the City may incorporate any other terms,
conditions and benefits for the City that the City, in
its judgement, may seek to include by way of
negotiation.
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B. Proposal Format
Proposals submitted in response to this invitation must
include the following information:
1. Credentials
(a) Identity of proposer, including the development
team's organizational structure and names and
addresses of principals.
(b) Proposer's experience in development and management
of specific types of uses proposed, referencing
specific projects and proposer's role.
(c) Evidence of proposer's financial capacity to
undertake the project proposed.
2. Project Proposal
(a) Development Plan:
Description of all aspects of the plan
40 Architectural character of the development
Number of buildings and use, square footage,
height
Architectural features
Methods of construction
Number of wet storage boat slips
Number of dry boat storage spaces
Number of retail entities, type, square footage
Parking requirements
(b) Schematic Drawings
(board -mounted not to exceed 30"x40"):
Illustrative site plan
Elevations, sections and floor plans
While perspective isometric illustrations are not
required, submissions will be accepted for review.
No model will be accepted for review.
(c) Schedule of Project Amenities
J6 (d) Project Management Plan
(e) Project Development and Operating Pro Formas
including Proposed Lease Payments
(f) Project Implementation Schedule
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3. Additional Requirements
(a) Declaration, Financial Disclosure and Professional
' Information as detailed in Sections VII. and VIII.
of this document.
(b) A response to all applicable aspects of the
contract ler:as and Conditions as detailed in
Section VI. of this document.
(c) A $350,�000 minimum 'annual guaranteed rental payment
to the City or the dollar amounts or payment to
the City of a percentage of gross revenues
collected, whichever is greater.
(d) A schedule including all steps of planning and
�� design, construction, and operation.
(e) Letters from financial institutions documenting
the proposer's ability to finance the proposed
development.
(f) Letters indicating the�proposer's ability to
obtain required bonds and insurance.
(g) Letters documenting the proposer's and development
team's past experience in related development and
management.
(h) Resumes of key individuals to be involved in
proposed development.
(i) Documentation of minority participation pursuant
to the goals set forth in City of Miami Ordinance -
No. 10062.
C. Proposal Submission Procedures
Proposal submissions marked "Unified Development Proposal for
2640 South Bayshore Drive Property, Miami, Florida" must be
addressed to:
John E. Gilchrist
Director
Department of Development
City of Miami
P:000sals are to be received at:
Office of the City Clerk
City of Miami
3500 Pan American Drive
�;
Miami, Florida 33133
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87-45
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Twenty (20) copies of bound proposals and one set of board -
mounted illustrations are required to be submitted by 2:00
p.m., Monday, April 20,.1987, to the Office of the City Clerk.
Sections II. and V . Inc ude forms that must be submitted
along with the development proposal. The time deadline and
location will be firmly adhered to. No proposals shall be
received after 2:00 o.m.. April 20, 1987, or at any other City
office location except the Office of the City Clerk.
A non-refundable cashier's check for $1,500 shall accompany
each proposal submission. These funds are intended to cover
actual expenses for advertising, printing, and mailing incurred
by the City in preparing and issuing this Request for
Proposals. Funding for expenses incurred in evaluating
proposal submissions, in excess of the application fees
collected, shall be reimbursed the City by the successful
proposer as described in Section II.E.2.
V. EVALUATION CRITERIA
Review procedures and the selection process are set by City
Charter and Code of which applicable excerpts are included in
Section IV. and Appendix A. of this document.
The City of Miami Commission, consisting* of five elected
officials, including the Mayor, will select the successful
proposer based on the recommendation of the City Manager.
At a public hearing held January 8, 1987, the City Commission
authorized the City Manager to issue this Request for Pronosals
and at a public hearing held December 11, 1986, appointed a review
committee from recommendations submitted by the City Manager and
further selected a certified public accounting (CPA) firm, both to
evaluate submitted proposals.
The review committee• establiphed by the City Commission at the
public hearing will' render a written report of its evaluation of
proposals to the City Manager. The review committee shall
evaluate each proposal based on the criteria established herein.
The committee has the authority to recommend none of the bids if
it deems them not to be in the best interest of the City of Miami.
However, the committee shall have to explain its reasons for such
a decision.
A. Review Committee Evaluation Criteria
The following specific evaluation criteria matrix shall be used
by the review committee:
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87 -4 5
Experience of the proposer ........................15%
Capability of the development team................15$
Financial capability, level of financial
ccmmitment..........................
..............20$
Financial return to the City......................20%
Overall project design ............................20%
Extent of minority participation. .10%
Proposers are encouraged to have their proposals conform to the
following factors which will be utilized by the review
committee in evaluating the proposals:
1. Experience of the Proposer (15%)
(a) Qualifications and experience of-the,•proposer in
development and management -of marina and boat yard
facilities
(b) Specificexperience of the proposer in development
and management of the types of uses proposed
2. Capability of the Development Team (15%)
(a) Qualifications and experience of project
managers, team members and consultants
(b) Specific experience of the development team in
relationship to work on development and
management of the types of uses proposed
(c) Quality and organization of management team,
method of providing operations and maintenance
3. Financial Capability, Level of Financial Commitment
( 20% )
(a) Demonstrated financial capability of the
40 development team
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(b) Financing strategy
(c) Access to construction and permanent financing
(d) Development schedule
21
87-45
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4. Financial Return to the City (20C
(a) Annual lease payment including a guaranteed
minimum annual rental payment in an amount
of S350,000 or a percentage of gross revenues,
whichever is greater
(b) Dollar value and extent of capital improvements
(c) Any additional financial benefit to the City
5. Overall Project Design (20%)
(a) Fulfillment of the City's established development
objective
(b) Appropriateness and quality of the design as related
to the character of the larger Dinner Key waterfront
(c) Imaginative and creative treatment of architectural
and site design of public access to and design of
public spaces, exterior spaces, circulation, view
corridors, landscaping, graphics, signage, and
lighting.
(d) Efficiency of site design and organization,
compatibility of uses
G. Extent of Minority Participation (10$)
(a) Minority participation within the development and
management team
(b) Contracting and hiring practices
(c) Opportunities for minorities, hiring outreach and
training opportunities in relation to management
operation and maintenance of facilities
t B. CPA Firm 'Evaluatldh Critdria
The certified public accounting firm selected by the City
Commission will evaluate each proposal submission prior to
evaluation by the review committee. Specifically, the
certified public accounting firm will evaluate the financial
viability of the proposed development teams, their proposed
financial strategies, and will assess comparatively the short
and long range economic and fiscal return to the City.
Additionally, they will assess the proposer's market analysis
and evaluate the economic feasibility of the proposed
development. The CPA firm will render an independent report
of its findings to the City Manager.
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V:. TEIR�13 A_TD CWDSTIGNS TO BE CONSIDERED IN THE LEASE AGREEMENT
Upon authorization of the City Commission, the City Manager or his
designee shall negotiate- all aspec -s of a lease agreement including
design and engineering, construction, and management with the
successful proposer.
The contract shall address, but not be limited to, the following
terms and conditions:
1. Lease Term
A lease term based on the schedule included in Section
IV.A.2. of this document.
In no case will the lease term exceed the year 2012.
2. Rent
Annual minimum guaranteed 'rent&l: payment of -$350, 000 or a
percentage of gross revenues, whichever is greater.
Payment schedules
Right to audit
No counterclaim or abatement
Subordination of rents
3. Insurance
Types of insurance to be carried by the lessee
Certificates of Insurance:
Evidence of compliance with the insurance. requirements
shall be filed with the Risk Management Division of the
City of Miami prior to execution of the lease agreement.
Such insurance shall be subject to the approval of the
Risk Management Division. 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 with
the insurance requirements shall not relieve the
successful proposer of its liability and obligations
under this section or under any other portion of the
Management Agreement.
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87 -4 5 -IJ
Non -cancellation clause:
:he policy or policies of insurance required shall be
written in a manner such that the policy or policies may
not be canceled or materially changed without sixty (60)
days advance written notice to the City. Written notice
shall be sent to the Risk Management Division,
Department of Finance.
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
4. Performance and Payment Bond
Prior to commencement of construction on the property by
the successful proposer, the successful proposer shall
,_.;. zh th C' ty with, a performance and payment bond in
an amount to be specified to insure that the Lessee will
4 promptly make payment to all claimants supplying labor,
materials, or supplies used directly or indirectly in
the prosecution of the work provided for in the lease
agreement, and to pay the City all losses, damages,
expenses, costs and attorney's fees, including appellate
proceedings, that the City sustains because of a default
by the %Lessee under the Lease Agreement.
S. Indemnification
Agreement not to sue:
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 lease
agreement for any personal injury, loss of life, or
damage to property sustained in or about the leased
premises, by reason of or as a result of the successful
proposer's occupancy thereof, acts or omissions to act,
from the acts or omissions to act of the City, and from
and against any orders, judgments or decrees which may
be entered thereon, and from and against all costs,
attorney's fees, expenses and liabilities incurred in
and about the defense of any such claim and the
investigation thereof.
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6. Assignment of Lease
No assignment of lease agreement or any portion or part
thereof, except by and virtue of action taken by the
City Commission.
7. Restrictions on Use
Authorized uses
S. Design, Engineering and Construction of Improvements
Description of Improvements
Developer's Obligation to Construct Improvements
Submission of Construction Documents
Review and Approval of Construction Documents
Changes in Construction Documents
Submission for Building Permit
Contract(s) for Construction
Conditions Precedent to Commence Construction
Commencement and Completion of Construction Improvements
Prog=zss Reports
Payment of Contractors and Supplies
Cancellation or Discharge of Liens Filed
Construction Coordination and Cooperation
9. Preparation of Premises for Development
Property offered for lease "as is"
Developer assurance
10. Operation and Management of Leased Premises
Description of premises
Operation and maintenance standards
11. Equity Capital and Mortgage Financing
Sufficient Funds to Construct Improvements
Notification of Securing Sufficient Funds
As Lessee to Furnish Name and Address of Mortgagee
Lessee to Notify City of Other Encumbrances
Rights and Duties of Mortgagee
12. Public Charges/Fees/Taxes
Covenant for Payment of Public Charges
Evidence of Payment of Public Charges
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Utilities:
The successful proposer shall pay for all utilities
46, consumed on the premises as well as connection and
installation charges thereof
Property Taxes:
The successful proposer shall pay all taxes on all
improvements
13. Maintenance, Repair and Replacement
Maintenance and Repair
Reserve for Replacements
Waste
Alterations of Lmprovements
14. Condemnation
Adjustment of Rent
Proration of Condemnation Awards
Temporary Taking
Award Taking
Definition of Taking
0 15. Default - Termination
Default by Lessee
Default by City
Obligations, Rights and Remedies Cumulative
Non -Action or Failure to Observe Provisions Hereof
Non -Performance Due to Causes Beyond Control of Parties
Surrender of Premises
Ownership of Equipment and Furnishings on Termination
Party in Position of Surety With Respect to Obligations
16. Examination of - Premises
The successful proposer agrees to permit the City Manager
or his designee to enter the premises at any time for any
purpose the City deems necessary to, incidental to or
connected with the performance of the successful proposer's
duties and obligations hereunder or in the exercise of its
rights or functions.
1 17. Audit Rights
1-17--
40
The City reserves the right to audit the records of the
successful proposer with respect to the management
agreement at any time upon reasonable notice during the
performance of the agreement.
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87-45 .,w
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18. Award of Agreement
The successful proposer warrants that it has not employed
' cr retained any person employed by the City to solicit or
secure the lease agreement and that it has not offered to
pay, paid, or agreed to pay any person employed by the City
any fee, commission, percentage, brokerage fee, or gift of
any kind contingent upon or resulting from the award of
making the lease agreement.
19. Conflict of Interest
The successful proposer is aware of the conflict of
interest laws of the City of Miami, Dade County, Florida,
and the Florida Statute, and agrees that it will fully
comply. in all respects with the terms of said laws. Any
such interests on the part of the successful proposer or
its employees must be disclosed in writing to the City.
The successful proposer, in the performance of the lease
agreement, shall be subject to the more restrictive law
and/or guidelines regarding conflict of interest
promulgated by federal, state or local government.
20. 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.
21. 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.
22. 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.
23. Minority Procurement Compliance
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 " ") and agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
27
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0 24. Miscellaneous
40
Ab
40
Recognition of Mortgage Requirements
Notices
Provisions of Law Deemed included
How Agreement Affected by Provisions Held Invalid
Applicable Law and Construction
Amendments
Gender and Number
Mortgageable Leasehold
Certificates
Non -Disturbance and Attornment Agreements
Memorandum of Lease
Reasonableness
Arbitration
Good Faith Binder
Correction or Modification of Descriptions
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87-45 .-,
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VIM. DECLA_RATICN
40 Cesar H. Odio
City Manager
City of Miami, Florida Submitted 1987
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T':e undersigned, as proposer, declares that the only persons
interested in this proposal are named herein, that no other
person has any interest in this proposal or in the agreement
of lease to which the proposal pertains, that this proposal is
made withoi_.t connection nor arrangement with any other person
and that this proposal is in every respect fair, in good
faith, and without collusion or fraud.
The proposer further declares that he has complied in every
respect with all of the instruction to proposers, that he has
read all addenda, if any, and that he has satisfied himself
fully with regard to all matters and conditions with respect
to the lease to which the proposal pertains.
The proposer agrees, if this proposal is accepted, to execute
an appropriate lease agreement for the purpose of establishing
a formal contractual relationship between the proposer and the
City of Miami, Florida, for the performance of all
requirements to which this proposal pertains.
The proposer states that this proposal is based upon the
proposal documents and addenda, if any.
Signature
(Title)
29
Name of Firm, Individual, or
Corporation
Signature
(Title)
87 -4 5
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V-II . FI'riAriC_?--• PROFESSIONAL INFORMATION
PROPOSER'S QUESTIONNAIRE
R
A proposal for the unified Ldevelopmert that includes planning
and design construction, leasing and management of the
property shall not be consl_ered unless all the information
requested in this questionnaire is provided by the proposer.
Statements must be complete and accurate. Omissions,
inaccuracy or misstatement shall be cause for rejection of a
proposal.
Statements and answers relating to each question in this
questionnaire may be answered on the page on which the
question is found or by attaching 8-1/2" x 11" supplemental
sheets. Photographs or other illustrative materials should be
placed in an envelope or bound into the proposal and
identified by the proposer's name and address and the page
number of the questionnaire to which the supplemental material
is applicable. Board -mounted schematic drawings, not to
exceed 30" x 40", should be identified by the proposer's name
and address.
By submission of a proposal, the proposer acknowledges and
agrees that the City of Miami has the right to make any
inquiry or investigation. it deems a,:c-o^riate to substantiate
or supplement information contained in this questionnaire and
authorizes the release to the City of any and all information
sought in such inquiry or investigation.
If an independent general contractor, construction manager
and/or operational manager is to be involved, then the
applicable pages of this questionnaire should be completed for
each such entity.
0
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PROPOSER
Name:
Address for purposes of notice of
other communication relating to the proposal:
Telephone No. ( )
4
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The proposer is a: ( ) Sole proprietorship;
( ) Partnership;
( ) Corporation; or
( ) other (explain below)
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PARTNERSHIP STATEMENT
If proposer is a partnership, answer the following:
1. Date of Organization
2. General Partnership ( )
Limited Partnership ( )
3. Statement of Partnership recorded Yes ( )
No ( )
Date Book Page County State
4. Has the partnership done business in the State of Florida?
Yes ( ) No ( ) When?
Where?
5. Name, address, and par=nership share of each general and limited
partner. (If partnership is a corporation complete the following
page for corporation.)
General/
Limited Name Address Share
i
6. Attach a complete copy of the Partnership Agreement.
87-45
CORPORATION STATEMENT
If proposer is incorporated, answer the following:
1. when incorporated?
2. wne= o irccr cr�tez?
3. Is the corporation authorized to do business in Florida?
Yes ( ) No ( )
4. The corporation is held: Publicly ( ) Privately ( )
5. If publicly held, how and where is the stock traded?
6. List the following:
Authorized Issued Outstanding
(a)Number of voting shares:
(b)Number of non -voting shares:
(c)Number of shareholders:
(d)Value per share of Common Stock:
Par $
Book $
Market $
7. Furnish the name, title, address and the number of voting and
nonvoting shares of stock held by each officer and director and
each shareholder owning more than 5% of any class of stock. If
more than 5% of any class of stock is held by one or more
corporations, then -each owner -corporation must also complete
separate pages (type corporation name on said pages for
identification purposes) and furnish the financial statement
required on page.
If said owner -corporation are owned by other corporations, then
these other corporations must also complete separate pages (type
corporation name on said pages for identification purposes) and
furnish the financial statement required on page. The City
requires information on all corporations that directly or
indirectly have an ownership interest in the proposer -
corporation.
8. If an individual or corporation will be guaranteeing performance
of the proposer -corporation, state name here
and also complete pages and if
corporation type corporation name on said pages for
identification purposes), furnish financial statement required on
page for the individual or corporate guarantor.
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PROPOSER'S EXPERIENCE STATEMENT
+� Describe in detail the duration and extent of your business
experience with boat yard facilities, marina facilities, and other
commercial development. Also state in detail the names and pertinent
experience of the persons who will be directly involved in
development and management of the facilities. List the names and
locations of currently owned or managed facilities and your
percentage ownership, and any such facilities currently managed by
you. In addition, please also provide photographs or other
illustrative material depicting projects that will demonstrate our
ability to complete a quality development. The name and address
should be given for each project identified as well as persons
familiar with the development who will respond to inquiries from the
City. You should also identify your specific role in each project.
PROPOSER'S FINANCIAL DATA
Financial Statement
Proposer, cwrer-corporation_ rro:oser , and any person or business
entity guaranteeing the performance of the proposer must attach a
complete report, repaired in accordance with good accounting
practice, reflecting current financial condition. The report must
include a :;a l c:;_c$ ELa`rV cam.:;::___aI-?cc,:,3 s -a ament. The 'JeraOn Cr
entity covered by the statement must be prepared to substantiate all
information shown.
Surety Information
Has any surety or bonding company ever been required to perform upon
your default, Yes ( ) No ( )
If yes, attach a statement naming the surety or bonding company,
date, amount of bond, and the circumstances surrounding said default
and performance.
BANKRUPTCY INFORMATION
Have you ever been declared bankruptcy? Yes ( ) No ( )
If yes, state date, court jurisdiction, amount of liabilities, and
amount of assets.
Fending Litigation
Provide on attached sheets detailed information regarding pending
litigation, liens, or claims involving any participant in the
*prgpo s al .
87-45 ..�
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0 PROPOSER' S :7z.CF SRENCES
List fcur persons or firms with whom you have conducted business
transactions during the past three years. At least two of the
references named are to have knowledge of your debt payment history.
At least one reference must be a financial institution.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone: ( )
Nature and magnitude of purchase, sale, loan, business
asscciation, etc.:
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone: ( )
Nature and magnitude of purchase, sale, loan, business
association, etc.:
8 7 - 4 b-
Reference No. 3
Name
Firm:
Title:
Telephone:
Nature and magnitude of purchase, sale, loan business
association, etc.
Reference No. 4
Name:
Firm:
Title:
Address*
Telephone:
Nature and magnitude of purchase, sale, loan business
association, etc.:
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PROPOSER'S ARCHITECT/ENGINEER
Name:
Street
Address:
Mailing
Address:
Telephone: ( )
Names of principals and their titles who will be chiefly responsible
for the design and engineering of the project:
0 Name Title
PROPOSER'S ARCHITECT/ENGINEER
Name:
Street
Address:
Mailing
Address:
Telephone:(
Names of principals and their titles who will be chiefly
responsible for design and engineering of the project.
Name Title
Name Title
Name Title
1+Tames, addresses, and telephone number of other consultants who
will have a major role in the project.
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Ja:
Street Address Street Address
Mailing Address Zip Code Mailing Address Zip Code
Telephone Number Telephone Number
Name of Principal Contact Name of Principal Contact
87-45
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ZXPF.RIZENCE S :'ATELME.`iT CF PRCPCS=R' S ARCH_TECT/ENGINEER
Describe in detail the duration and extent of your experience
alth special emphasis upon experience related to boat yard and
marina facilities development. Also, state in detail the names
and pertinent experience of the principals who will be directly
.nvclved in t a project. la addition, please also include
photographs or other illustrative material depicting projects
that will demonstrate your qualifications for the project. The
name and address should be given for each project identified as
well as for persons familiar with the development who could
respond to inquiries from the City. You should also identify
your specific role in each project.
REFERENCES OF PROPOSER'S ARCHITECT/ENGINEER
List two persons or firms for whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone: ( )
Nature and magnitude of bus'rpss association:
Reference No. 2
Name:
Firm:
Title:
Address:
Talsphcre: l )
Nature and magnitude of business association:
Oft
87-4 5
•
1]
I
a PROPOSER'S OID TRACTOR OR CGNS^RUCTION M-ANArER
i, Name, address and telephone number of contractor or construction
manager:
a
!ij
Name:
Street
Address:
Mailing
Address:
Telephone: ( )
Names of principals and their titles who will be chiefly
responsible for design and engineering of the project.
Name
Name
Name
Title
T_-, t I e
Title
Names, addresses, and telephone number of other consultants who
will have a major role in the project.
F'a.—
Name of Firm
Street Address
Mailing Address Zip Code
Name of Principal Contact
Name of Firm
Street Address
Mailing Address Zip Code
c )
Telephone
Name of Principal Contact
8 7 - 4 5
•
E:;PERIENC_ S'-'A r-MZNT ��C`_'c..= C.':,nSTRI:CTION MANAGER
Describe in detail the duration and extent of your experience
with special emphasis upon experience related to boat yard and
marina facilities development. Also, state in detail the names
and pertinent experience of the principals who will be directly
involved in the project. in addi�ion, please also include
photographs or other illustrative material depicting projects
that will demonstrate your qualifications for the project. The
name and address should be given for each project identified as
well as for persons familiar with the development who could
respond to inquiries from the City. You should also identify
your specific role in sach project.
FINANCIAL DATA FOR PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER
Financial Statement
Attach a complete report, prepared in accordance with good
accounting practice, reflecting current financial condition. The
report must include a balance sheet and annual income statement.
The person or entity covered by the statement must be prepared to
substantiate all information shown.
Sur-t• -_cr:rztion
Has any surety or bonding company ever been required to perform
upon your default? Yes ( ) No ( )
If yes, attach a statement na-ming_ the surety or bonding company,
date amount of bond, and the circumstances surrounding said
default and performance.
Bankruptcy Information --
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes, state date, court jurisdiction, amount of liabilities,
and amount of assets.
J' Pending Litigation
OW
Provide on attached sheets detailed information regarding pending
litigation liens, or claims involving any participant in the
proposal.
87-14
REFERENCE'S C'F PRCPCSER' S CONTRACTOR OR CONSTRUCTION MP.N?:C=R
List two persons or firms with whom you have completed projects
during the past three years.
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone: ( )
Nature and magnitude of business association:
Reference No. 2
Name:
Firm:
I
i
Title:
Address:
1 Telephone: ( )
a
E
I Nature and magnitude of business association:
's
9
OW
87-4
11
12
PR"FOS -2' i MIANAGEMENT CONTRNCTOR
Name:
Street
Address:
Mailing
Address:
Telephone-. ( )
Names of principals and their titles who will be chiefly
responsible for design and engineering of the project.
Name
40
Name
Title
Ta.tle
Name Title
Names, addresses, and telephone number of other consultants who
will have a major role in the project.
Name of Firm Name of Firm
Street Address
Mailing Address Zip Code
c )
Telephone Number
Name of Principal Contact
OW
Street Address
Mailing Address Zip Code
c )
Telephone Number
Name of Principal Contact
87-45 40
•
OW
EXPERIENCE STATE"E_IT CF PROPOSE — S `".-IAG EMENT CC*1TRACTC?
41 Describe in detail the duration and extent of your experience
with special emphasis upon experience related to boat yard and
marina facilities development. Also, state in detail the names
and pertinent experience o�: the principals who will be directly
involt,ed in the project. in add:t_cn, pl=_ase also include
photographs or other illustrative material depicting projects
that will demonstrate your qualifications for the project. The
name and address should be given for each project identified as
well as for persons familiar with the development who could
respond to inquiries from the City. You should also identify
your szeci`ic role in each project.
FINANCIAL DATA FOR PROPOSER'S MANAGEMENT CONTRACTOR
Financial Statement
Attach a complete report, prepared in accordance with good
accounting practice, reflecting current f'_nancial condition. The
report must include a balance sheet and annual income statement.
The person or entity covered by the statement must be prepared to
substantiate all information shown.
Surety Information
Has any surety or bonding company ever been required to perform
upon your default? Yes ( ) No ( )
If yes, attach a statement naming the surety or bonding company,
date amount of bond, and the circumstances surrounding said
default and performance.
Bankruptcy Information
Have you ever been declared bankrupt? Yes ( ) No ( )
If yes, state date, court jurisdiction, amount of liabilities,
and amount of assets.
Pending Litigation
Provide on attached sheets detailed information regarding pending
litigation liens, or claims involving any participant in the
proposal.
8�-45
REFERENCES OF PROPOSER' S M- iUTiivEL... . CONTRACTOR
L_st two persons or fir-+s with lW cm ycu have completed projects
during the past three
Reference No. 1
Name:
Firm:
Title:
Address:
Telephone: ( )
'! Nature and magnitude of purchase, sale, loan, business
association, etc.:
I
O
Reference No. 2
Name:
Firm:
Title:
Address:
Telephone: ( )
Nature and magnitude of purchase, sale, loan, business
association, etc.:
87-45
A
M
APF1GNDiA r
Subpt. A CHARTER 153
each dollar of such assessed value. (Laws
of Fla. (1947, ch. 24'104)
Editor's note --Section 3 of Laws of F!a., ch. 24704
provided that this section should not be construed as
affecting the city's power to levt ad valorem taxes for
employees' pension fund purposee. For aut.ority of 'he
city to make an extra levy for relief or pensions of city
employees, the user's attention is directed to Laws of Fla.
11947). eh. 24696 which ancends § 1 of Laws of Fla.
(1937), ch. 18689. included in pt. I of this volume es art.
11 of subpt. 13; for authority to make an additional levy
within the downtown district for the downtown develop•
ment authority. see Laws of Fla., ch. 65-1090, 1 11,
included in pt. I of this volume as art. I of subpt. C.
Sec. 51(1). Same --Limitation as to levy
of ,ad valorem taxes for public
library and library system.
Editor's note —Res. No. 42709, adopted July 22, 1971.
authorized and directed transfer of the City of Miami
Library Systems to Dade County, effective Nov. 1.
IS.? 1, ?_,suent :o instructions of -.he city, tit provisionz-
of 9 510). added by Laws of Fla. (1941). ch. 21394. Ana
amended by Laws of Fla. (1945), ch. 23402. and Laws of
Fla. (1947). ch. 24705. are not set forth herein.
Sec. a;4. Saine—Chief
(a) The city manager shall appoint a chief pro-
curement officer. The chief procurement officer or
his designee shall supervise all purchases for the
city in the manner provided by ordinance and
shall, under such procurement msthc,is as may
be prescribed by ordinance, supervise sales of all
real and personal property of the city not needed
for public use or that may have become unsuit-
able for use. The chief procurement officer or his
designee shall have charge of such storerooms
and warehouses of the city as the commission
may by ordinance provide. Before any purchase
or sale the chief procurement officer or his desig-
nee shall require that all prescribed procurement
procedures are followed. Supplies shall not be fur•
nished to any department unless there be to the
credit of such department an available appropria-
tion balance in excess of all unpaid obligations
sufficient to pay for such supplies.
(b) The chief procurement officer or his desig-
nee shall be responsible for• securiag
by all persons seeking to do business with the
city, with the requirements, as may be prescribed
by ordinance, that they will not discriminate against
Sun Na 9
any employee or applicant for employment because
of age, race, creed, color, religion, sex, national
origin, handicap or marital status, and that they
will take at%rmative action to ensure that appli-
cants are employed and that employees are treated
during employment without regard to their age,
race, creed, color, religion, sex, national origin,
handicap or marital status.
(c) The chief procurement officer or his desig-
nee shall be responsible for developing a minority
procurement program as may be prescribed- by
ordinance and permitted by law. (Char. Amend.
No. 1, 11-2.82)
Sec. 53. Same --Contracts for public works or
improvements, real property, and per-
sonal property.
(a) Personal property. Any personal property,
dicg but not limited to supplies, equipment.
materials and printed matter, may be obtained
by contract or through city labor and materials,
as provided by ordinance. All contracts for more
t!7n --= thousand five hundred dollars ($4,500.00)
shall be awarded to the lowest responsible bidder,
after public notice and using such competitive
sealed bidding methods as may be prescribed by
ordinance, but the city manager or his designee
shall ha ;e the power to reject all bids. Notwith-
standing the foregoing, the city manager may
waive competitive sealed bidding methods by mak-
ing a written finding which shall contain reasons
supporting his conclusion that competitive sealed
bidding is not practicable or not advantageous to
the city, 'which finding must be ratified. by an
affirmative vote of two-thirds of the commission
after a properly advertised public hearing. When
competitive sealed bidding methods are waived,
other procurement methods as may be prescribed
by ordinance shall be followed. All invitations for
bids, requests for proposals or other solicitations
shall contain a reservation of the foregoing right
to reject all offers. Contracts for personal prop-
erty shall be signed by the city manager or his
designee after approval thereof by the commis-
sion. This section shall not apply to transfers to
the Unitas Staces, or any depa.' :merit or agency
thereof, to the State of Florida or any political
subdivision or agency thereof.
87-45 ,
i3 C ::.' tiTZR AND AF.:. = LAWS
(b) Public wor.is or improvements. Any public
% or )r :m-row!me nt .may be executed elt�, 4r : y
contract or by the city labor force as may be de-
termined by the commission. There shall be a
separate accour.ci: = as to eac work or improve-
ment so executa:. Before authorizing the execu-
tion by the city labor force of any work or im-
provement or phase thereof, the city manager shall
j submit to the commission a description of the
anticipated scope of work and related cost esti.
mates. All contracts for more than ten thousand
dollars ($10,000.00), which shall include contracts
under which improvements valued in excess of
ten thousand dollars ($10,000.00) are to be con-
structed for the city or on lands leased from the
city, shall be awarded to the lowest responsible
bidder after public notice and using such compet-
itive sealed bidding methods as may be prescribed
by ordinance, but the city manager or his desig-
nee shall have the power to reject all bids. Not.
withstanding tae fcreg�;i :g, .a c.-:, aza- gar =
waive competitive sealed bidding methods by mak-
ing a written finding that a valid emergency ex-
ists or that there is only one (1) reasonable source
of supply, which finding must be ratified by an
affirmative vote of two-thirds of the commission
after a properly advertised public hearing. When
competitive sealed bidding methods are waived,
other procurement methods as may be prescribed
by orii%nlr.ce shalt be fc::c•+ '.. �.'.'.-vitaticr-s for
bids, requests for proposals or ori: _:::�;::ci..at;ons
shall contain a reservation of the foregoing right
to reject all offers. Contracts for public works or
improvements shall be signed by -the city man-
ager or his designee after approval thereof by the
commission.
(c) United development projects. Unified devel-
opment project shall mean a project where an
interest in real property is owned or is to be ac.
vuired by the city, and is to be used for the devel-
opment of improvements, and where the commis-
sion 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 of Miami, one (1)
or more of the following integrated packages:
W planning anti c:asigsn, ccas;t:uctioa, rind l a---
ing; or
r_ .Supp. Na 9
'INI-'
Subpt A
Oi) Planning and design, leasing, and manage-
meac; or
(iii) Planning and design, construction, and man-
aeement; or
(i•r1 Plar-nirg and design, construction, Ieasing,
and management.
So long as the person from which the city pro-
cures one (1) of the above mentioned integrated
packages provides all of the functions listed for
that package, such person need not provide each
listed function for the entire unified development
project nor for the same part of the unified devel-
opment project.
Requests for proposals for unified development
projects shall generally define the nature of the
uses the city is seeking for the unified develop-
ment project and the estimated allocations of land
for each use. They shall also state the following:
(1) •ine speci::c parcel o::and contempiatad to be
used or the geographic area the city desires
to development pursuant to the unified de-
velopment project.
(ii) The specific evaluation criteria to be used by
the below -mentioned certified public account-
ing firm
(iii) The specific evaluation criteria to be used by
the below -mentioned review committee.
(iv) The extent of the city's proposed commitment
of funds, property, and services.
N) The definitions of the terms "substantial in-
crease" and "material alteration" that will
apply to the project pursuant to subsection
(eXiv) hereof. - -
(vi) A reservation of the right to reject all pro-
posals and of the right of termination referred
to in subsection (eXiv), below.
After public notice there shall be a public hear-
ing at which the commission shall consider-
(i) The contents of the request for proposals for
the subject unified development project;
( The salectioc of -a certified rubl:c acca+=t:ng
firm, which shall include at least one main-
87-45►IJ
Sabot. A CHARTER
ber with previous experience in the tyre of
dayeiopm.enl, in question;
(iii) The recommendations of the city manager
for the appointment of person.: to ser're or.
the review committee. Said review com:rit-
tee shall consist of an appropriate number of
city oi:icials or empioyees and an equal num-
ber plus one (1) of members of the public.
.Whose names shall be submitted by the city
manager ---o fever t�a_^_ fi-re (5) da:,s prior to
the above mentioned public hearing.
At the conclusion of the public hearing the com-
mission shall authorize the issuance of a request
for proposals, select a certified public accounting
firm, and appoint the members of the review com-
mittee only from among the persons recommended
by the city manager.
'l he procedure for the selection. of an integr atad
package proposal shall be as follows:
Q) All proposals shall be analyzed by a certified
public accounting :.rm appoir..ad by tine corn -
mission based only on the evaluation criteria
applicable to said certified public accounting
firm contained in the request for proposals.
Said certified public accounting firm shall
render a written report of its findings to the
city manager.
(H) The .review committee shauevaluate each
proposal based only on the evaluation criteria
applicable to said review committee contained
in the request for proposals. Said review com-
_ ;: mittee shall. render a written report to the
city. manager of its evaluation of each propo-
sal, including any minority opinions..
(iii) Taking into consideration the findings of the
.: --aforementioned certified public accounting firm
and the evaluations of the aforementioned
review committee, the city manager shall rec-
ommend one (1) or more of the proposals for
- . acceptance by the commission, or alternative-
_ ly, the city manager may recommend that all
proposals be rejected. If there are three (3) or
more proposals anti the cisf =a.rc.gsr -s•r-rr-
mends only one (1), or ii he recommends re-
jection of all proposals, the city manager shall
state in writing the reasons for his recom-
mendation.
- Supp. No. 9
0
153
In transmitting his recommendation or rec-
ornmerdatiors to the commission, the city
manager shall include the written reports,
including any minority opinions, rendered to
c;m by t::e aforementioned certified account-
ing firm and review committee.
(iv) All contracts for unified development projects
shall be awarded to the person whose propo-
sal is most advantageous to the city, as de-
termined by the'commission.
The commission may accept any recommenda-
tion of the city manager by an affirmative vote of
a majority of its members. In the event the com-
mission does not accept a proposal recommended
by the city manager or does not reject all propos-
als, the commission shall seek recommendations
directly from the aforementioned review commit-
tee, which shall make a recommendation or rec-
ommendations to the commission taking into ac-
count the report of the aforementioned certified
public accounting firm and the evaluation criteria
s::• ad ?s 'he review committee in the request
for proposals.
After receiving the direct recommendations of
the review committee, the commission shall by
an affirmative vote of a majority of its members;
(1) Accept any recommendation of the review com,
_t its-3• or
(2) Accept any previous recommendation of the
city manager, or L
(3) 'Reject all proposals. - -
All contracts fbr` unified development projects
shall be signed by the city manager or his desig-
nee after approval thereof by the commission. The
city manager or his designee shall be responsible
for developing a:minority procurement program
as`may be prescribed by ordinance and permitted
by in conjunction with the award of contracts
for unified development projects. _The provisions
of this Charter'section shall supersede any other
Charter or Code provision to the contrary. •
;r :-eci property. Except as
oW4erwise provided in this Charter section, there
shall be no sale, conveyance or disposition of any
interest, including any leasehold, in real proper.
ty, owned by the city, the department of off-street
87-4 5
i
1�
5 C D—IT:...MTO :�iiLATDD A
parkin; or t::e downto—i Ceveiopment sut�=r' :y,
unless there has been a prior opportunity g re n
to the public to compete as purchasers of said real
property or any interest therein. There shall be
public notice prior to any such gale, eonve aaea
or disposition. Any such sale, conveyance or dis-
position shall be conditioned upon compliance with:
the provisions of this 5ectior.; such procurement
methods as may be prescribed by ordinance; and
any restrictions that -.ay be imposed by the city,
the department of off-street parking or the down-
town development authority, as appropriate. Fur•
ther, no right, title or interest shall vest in the
purchaser of the above property unless the sale,
conveyance or disposition is made to the highest
responsible bidder, as is determined by the city
commission, or the off-street parking board, or
the downtown development authority board of di -
act rs. The city couzrrission or the on -street park-
ing toard or zhe acarl owr. der�c:�c,:..ats auz::...
ity board of directors, as appropriate, may by res-
olution waive the requirement of sale, conveyance
ordisposition to the highest responsible bidder by
means of z c ♦� .�,r r.{, 'p. ocad Y e: ?
ager, the director of the off-street parking author-
it•y, or the director of the downtown development
authority, as appropriate, must make a written
finding that a valid emergency exists, which find-
ing must be ratified by an' affirmative vote of
two-thirds of the commission a.�r a :rcperly ad-
vertised public hearing. When the requirement of
sale, conveyance,*or disposition to.the highest re.
sponsible bidder is waived, other procurement meth. .
ods as may be prescribed by ordinance •shaft be
followed. The city or the department of off-street
parking or the. downtown development authority
shall have the power to reject all offers. All invi-
tations for bids, requests for proposals 'or other.
solicitations ' shall contain a reservation of the '
foregoing rightto reject .all offers.'This section
shill not apply to trausfem.to the United States,
to or;any department or agency thereof, or to the
State of Florida or any polftical subdivision or
agency thereof. -
(e) Safeguards. .
(i) All persons contracting with the city under
this section shall be required to certify their
compliance with the antitrust laws of the United
States and of the State of Florida and to hold
harmless, de end, and indemnify the city for
any noncompliance by said persons wi ,a the
above laws.
(ii) All persons contracting with the city under
this section shall be obligated to pay which-
ever is the greater of the following: (1) all
applicable ad valorem taxes that are Iawfully
assessed against the property involved or (2)
an amount to be paid to the city equal to
what the ad valore.m'taxes would be if "o
property were privately owned and used for a
profit -making purpose. Such taxes shall not
be credited against any revenues accruing to
the city under any contract that may be
awarded under this section.
(W) Any proposal by a potential bidder or con-
tractor that. contemplates more than the es-
9'... :Se citj's proposed commit -
meat of funds, property or services serail be
ineligible for acceptance by the city commission.
a-?) Any substantial increase in the cit:r's com-
mitment of funds, property, or services, or
- any material alteration of any contract awarded
under subsection (c) of this section shall enti-
tle the city commission to terminate the con-
tract after a public hearing. Prior to such
public hearing, the commission shall seek and
41 obtain 'a "report from the city 'manager and
from'the'review' committee that evaluated
`the proposals for the project, concerning the
- advisability of exercising that' right. (Char.
Amend: "No.'3,-11-6.79;' Ord. --No. 9507; § 1,
. -2U2; Char:-Amerid. No.1,''11.2.82)
Editor': note—ord: No. 9489, idopted by the coy* mi mi ion
on Sept 17, 1982. set forth Charter Amendment No. 1 for
approval/rejection at election on Nov. 2. 1982. On Oct. 28,
19M Ord. No: 9507 amended the laaBuaQe of subsection (a)
and (c) of 163 as proposed by Ord. No. 9489. The election was
to approve the lae8uage of Charter_ Amendment No. 1. as
amended by Ord. No. 9507. .
Aasotationo—For case decided prior to enactment by Char -
tar Amendment rja 3 d 1979 of a compedtive-bidding require-
ment for dispositim of city property, ace Mahoney v. Givem 64
So. 2d 926. Said race held that competitive biddio; is not re.
quirid to lease city real esters.
:. a:s:S:: v, .:.r.• b'c+►-�-a pfwns bid upon and pit= submit•
ted and adopted renden contract void. Glautein v. City of W.
ami. 399 So. 2d 1005.
87-45
014
10
oft
NILA-141 CODE
In "-e event of :;ucl^- ca^, a Nation or r-eiec-
:ion, the chief crocurement ofl-icer shall promptly
notify all affected bidders or offerors and make
available to theal 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. 18-52.3. Sole -source contracts.
(a) Conditions For use. Since it is not practica-
ble for the city t) use competitive bi3dIng nseth-
ads 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 o; supply;
(2) Where the goods or services availabie from a
single source are needed for trial use or test•
ing-, and
(3) Where the unique and special: -ad _
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 shaL :,a made by the chief procure-
ment officer to the city manager. Such deter-mination
shall be made in writing and provide complete
justification as to why no other sources of goods
or services could be obtained tb-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 tae
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,
`.7 u No.10
1 13.32.1
but in any event at least fifteen (15) calendar
days shaft intar�ene 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 poter.-
tial sources who feel they mighlc 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;
(h) The nature of the goods or services procured;
a reasons no ac` er soure? could sat•sf7 city
requirements;
(4) The amount and type of cone: act; and
(5) 'lae 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:
Unifted development project shall mean a proj-
ect in which an interest in real property is owned
or is to be acquired by the city, which is to be used
for the development of improvements, and as to
which the city commission determines that for
the development of said improvements it is most
advantageous to the city that the city procure
from a private person, as defined in the Code of
the city, one (1) or more of the following inte-
grated packages:
(1) Planning and design, construction, and leas-
ing; or
(2) Planning and design, leasing, and manage-
_aar.
CC-
(3) Planning and design, construction, and man-
agement; or
87-4 ;�
C
00
3 18-52.9
F 2q A2k T C E
(s) Planning an, dssigm, cQP.SL: _C::QR, lessi;
and management.
N Conditions for use. A unified development
project shall be used in :hose cirLufnstances is
which the city commission by resolution deter.
mines that for the development of improvements
it is most advantageous to the city t;.at the city
procure an integrated entity as defined in section
18-52.9(a). So long as the person from which the
city procures one (1) of t' above--:ertioned inte-
grated packages provides all of the ;.unctions listed
for that package, such person niE; ed not provide
each listed function for the entire unified devel-
opment project nor for the same part of the uni-
fied development project.
(c) Requests for proposals. A request for pro-
posals shall be issued which generally defines the
nature of the project, the uses the city is seeking
for the project, and the esti=cen_ allccat:ors ci
land for each use. The request for proposals shall
also include the following:
(1) Instructions and information to offerors con-
'
ments, including the time and date set for
receipt of proposals, the address of the of-
fice to which proposals are to be delivered,
the maximum time for proposal acceptance
(2) . The specific parcel of land contemplated to
be used or -the geographic area the city
desires to develop; -
(3) The specific criteria which shall be used to
.. evaluate competing proposals by the below -
mentioned certified public accounting firm;
(4) The specific evaluation criteria which shall
be used to evaluate competing proposals by
the below -mentioned review committee;
(5) A statement that written and oral discus-
sions may be conducted with. offerors who
submit proposals determined to be reason.
ably susceptible of being selected for award;
but that proposals may be accepted as sub.
muttted wi thcut auch discussions;
(6) A statement of when and how financial
considerations and return to the city should
be submitted;
Supp. Na 10
1 18.52.9
(^) The contract terms and conditions, includ-
ing warranty and bonding or other secu-
rity requirements as may be fixed and
applicable;
(8) The extent of the city's proposed commit.
ment of funds, property, and services;
(9) Mie definition of the terms "substantial
increase" and "material alteration" that
will apply to the project in accordance with
section 53(e)(iv) of the Charter of the city;
(10) A reservation of the right to reject all pro-
posals and of the right of termination re-
ferred to in section 53(eXiv) of the Charter
of the city;
(11) The date, time and place at which any
preproposal conferences may be held and
_whether attendance at such conferences is
a ccnwrion for oiierimg proposals; and
(12) The place where any documents incorpo.
rated by reference may be obtained.
`.r .rcpposals, there sha'.
be a public hearing, after public notice, at which,
the commission shall consider:
(1) The contents of the request for proposals for
the subject unified development project;
(; ). i s-tulettion of a certified public accounting
v&ich shall include at least one (1) mem- .
:...ber with previous experience in the type of
_ -- development in question; 'and :.
(3) The ''recommendations of the city manager
" _for the appointment of persons to serve on
the review committee: Said review coirimit-
= tee shall coiisist of an appropriate number of
�'' city officials or employees and an equal fium.
ber plus '06e'(1) of members of the public,
'=whose names'.shall be 'submitted by .the city
manager no fewer than five (5) days prior to
• the above -mentioned public hearing.
At the conclusion of the public hearing, the com-
mission shall authorize the issuance of a request
`:r 7:=aosals, select a certified public accounting
-Lr=, and appoint the members ci w:e review com-
mittee only from among the persons recommended
by the city manager.
87-45
14LAMI CODS
(r.) P.e•:eloaer 1?sts. Deve:ccer lists ma•r be com•
oilers •vho may be interested in competing for
various types of city prefects. Unless otherwise
provicee, izclusior. or exclusion of t1he name .:f a
developer does not indicate whether that devel-
oper is responsible with respect to a particular
erocurement or otherwise capable of successfully
pericrming a' pa:::=-lar ci•.y project.
(e) Public notice. Notice inriting proposals shall
be published at ieasz once in a newspaper of gen.
eral circulation in the city to provide a reason.
able time for proposal preparation considering the
content and complexity of t a anticipated scope of
work. In any event, at least fifteen (15) days shall
intervene between the last date of publication
and the final date for submitting proposals. Such
notices shall state the general. description of the
scope of work, the place where a copy of the re.
q ,zst for rrcpcs:als msy ..•s c :::_ _ :, •:_-c.::...- _
and place for receipt of proposals. The city man-
ager may, in addition, solicit proposals from all
r-spensible prospective developers listed on aa cur -
public notice to acquaint them with the proposed
procurement.
(f) Preproposal conferences. Preproposal confer-
ences may be conducted to explain the require.
ments of the proposed procurement.'They shall be
announced to all prospective developers knowa to
have received a request for proposals. The confer-
ence should be held long enough after the request
for proposals has been issued to allow developers
to become familiar writh it but suMciently before
proposal submission to allow consideration of the
conference results in preparing proposals. Noth-
ing stated at the preproposal conference shall change
the request for proposals unless a change is made
m by written amendment. A sumary of the con-
ference shall be supplied to all those prospective
developers known. to have received a request for
proposals. If a transcript is made, it shall be a
public record.
(g) Receipt of proposals Proposals shall be opened
publicly in the presence of tvvo (2) or more city
officials. After the closing date for receipt of pro.
posals, a register of proposals shall be prepared
by the city manager which shall include, but not
a t_—.Supp. Na to
7�2_7_ ..
t
3 13.62.9
be limited to, the name of each offeror and a
ta
e t. The re seer of proposals snail be open to
public inspection.
%) Minority partic:ration_ The city's mincrity
procurement program shall be referred to in the
requests for proposals and shall apply to the award-
ing of contracts for unified development projects.
W Evaluation of proposals The procedure for
the selection of an integrated package proposal
shall be as follows:
(1) All proposals shall be analyzed by a certified
public accounting firm appointed by the com-
mission based only on the evaluation criteria
applicable to said certified public accounting
firm contained in the request for proposals.
Said certified public accounting firm shall
render a written report of its findings to the
(2) The review committee shall evaluate each
F:•oposal based only on the evaluation criteria
applicable to said review committee contained
in the request for. proposals. Said review com-
mittee shall render a written report to the
city manager of its evaluation of each propo-
sal, including any minority opinions.
(3) Taking into consideration the findings of the
aforementioned certified public aecounting firm,
the evaluations of the aforementioned review
committee, and the degree of minority partic-
ipation in city contracts, the city manager
"shall recommend one (1) or more of the pro-
posals for acceptance by the commission, or
r. alternatively, � the city manager' may recom-
mend that all proposals be rejected. If there
are ,three (3) or more proposals and the city
manager recommends only one (1), or if he
recommends rejection of all proposals, the city
manager shall state in writing the reasons
for his recommendation. In transmitting his
recommendation or recommendations to the
commission,' the city manager shall include
the written reports, including any minority
opinions, rendered to him by the aforemen-
tioned car:ii:ed accounting firm sw, nv-. w
committee.
87-45
4 18.52.9
FINANCE
6 is•53
(j) Awara All contracts for unified develoorrent
based on various performance factors and es.
projects shall be awarder to the person
ersc i _ x other is oror^ c ad;asc,:.. en-
s
proposal is most advantageous to the city, as de-
may be included as approoriace to serve the
termined by the commission.
best interests of the city in achieving the
Vne commission may accept ary recommenda-
most economical contract perfcr^ance.
tion of the city manager by an affirmative vote of a
(2) Cost -reimbursement contracts. Cost•reirn-
majority of its members. In the event the com-
bursement contracts shall ordinarily be used
mission does not accept a proposal recommended
for those purchases of goods and services or
by the city manager or does not reject ail propos-
sales and leases where the terms, conditions,
als. the commission shall seek recommendations
specifications and other factors of the contract
directly from the aforementioned review commit-
cannot be specified with a high degree of cer•
tee, which shall make a recommendation or rec-
tainty or the use of fixed -price contracts is
ommendations to the commission taking into ac-
not likely to result in substantial competi•
count the report of the aforementioned certified
tion between bidders or offerors willing to
public accounting firm and the evaluation criteria
compete for the contract. Incentives based on
specified for the review committee in the request
various performance factors and escalation
for proposals.
clauses or other economic adjustments may
After receiving the direct recommendations of
be included as appropriate to serve the best
the review committee, the commission steal•-, by
interests of the city in achieving the most
an affirmative vote of a majority of its members:
economical contract performance.
Ok (1) Accept any recommendation of the review com-
(3) Blanket orders. The chief procurement officer
=i;..,z•„ or
or individual purchasing agents may issue
purchase orders for indeterminate amounts
(2) Acceptan
t y previous recommendation of the
of repair parts, supplies and services to the
city manager; or
account of any department or office, but only
(3) Reject all proposals.
when based upon a definite contract or price
All contracts for unified development projects
agreement which shall be negotiated in the
shall be signed by the city manager or his desig•
same mariner as� if the item to be purchased
nee after approval thereof as to form and correct
t: areunder were to be individually purchased
ness by the city attorney and approval by the city
or contracted for under the provisions of arti-
commission. (Ord. No. 9572, � 1, 2.10-83>
cles N and V of this Code. Such orders shall
City code croea reference —Minority participation in uni•
state a specific monetary limit which may
not be exceeded except on written approval
tied development contracts, 1 18.73.
• . by the. chief procurement officer.
Sec. 1853. Types of contracts.
(4) Multiyear contracts.
(a) Subject to the limitations of this section,
(i) Unless otherwise provided by law, a con•
any type of contract which will promote the best
tract for supplies or services, sales, or
interests of the city may be used, except that the
leases may be entered into for any period
use of a cost-plus contract is prohibited.
of time deemed to be in the best interests
(1) Azed price controcts Fixed -price cont:acrts shall
of the city, provided that the term of the
ordinarily be used for those purchases of goods
contract and conditions for renewal or
and services or sales and leases where the
extension, if any, are included in the in -
terms, conditions, specifications and other fac-
vitation for bids or request for proposals,
tors of the contract can be specTled with a
and provided that funds are available for
high degree of certainty and where use of a
the first fiscal period at the time of con•
fixed -price contract will result in substantial
tract award. Payment and performance
competition between bidders or offerom will-
obligations for succeeding fiscal periods
ing to compete for the contract Incentives
shall be subject to the availability and
- ... Supp. Na 10
OW
87-45
61
Olk
^:
i2
CHARTT—PAND RELATED LAWS
(For the Istest le;9-1 description of t? e city
:'. ]un da i23, the v.s?r is r?Ferred to the OSi;ce Ot
the director of public works.]
Editor's note —The territorial limits of the City of
Miari were fixed pursuant to Lws of Fla. (1931). ch.
laU7. iunhar special act* e.tiarding, anlucgirg, o:
otherwise changing the corporate limita include Laws of
Fla. (1931). ch. 15821; Laws of Fla. (1937). ch. 18685;
Laws of Fla. (1941). chs. 21393, 21396; Laws of Fa.
(1945). chs. 23405, 23409; Loan of Fla. (1949). ch. 26021;
Laws of Fla., ch. 57.1583.
The board of county commissioners of Dade County
further exttnded die boundaries of th* city (Prim:oaa
Park) by Dade County Ordinance No. 63-6, adopted
Much 5. 1963.
County charter reference —Method of changing city
boundaries. 16.04.
State law reference —Municipalities within Dade
County to adopt annexation or contraction ordinances
pursuant to provisions of county home rule charter, Fla.
Stan. S 171.071.
Sec. 3. Powers.
The City of Miami shall have power.
(a) Taxes and mssessments: To rai3e ar—nu-
ally by taxes and assessments in said
City, such sums of money as the
commission hereinafter provided for
shall deem necessary for the purpose of
said city, and in such manner as shall
be hereinafter provided for, and in
accordance with the constitution and
laws of the State of Florida and the
United States; provided, however, that
it shall impose no tax on the bonds of
the city, or other evidence of city
indebtedness.
(b) Streets, parks, bridges, sewers, grade
crossings, speed of vehicles; services
and rates of motor vehicle carriers.* To
pave, grade. curb, repave, macadamize,
remacadamize, lay out, open, widen and
otherwise improve streets, alleys, ave-
nues, boulevards. lanes, sidewalks,
pa&4 promenades and other public
highways or any part thereof, and to
*Note —For sitniler. subsequently enacted provisions.
the uaa'4 Attm;t.ica is 4:�4 ;Pd ;u ; 30) of this Charter
which provides for the vacating. chain and discontinu-
ing of street& alleys. etc, is addition to the powers hen
given.
Supp. No. 9
a:P_:. • .
Subpt. A
hold liens therefor as hereinafter provid-
ed; to construct and maintain bridges,
viaducts, subwzys, tunnels, sewers ar)
drains, and regulate the use of all such
highways, parks, public grounds and
works; to prevent the obstruction of
such sidewalks, streets and highways;
abolish and prevent grade crossings
over the same by railroads; regulate the
operation and speed of all cars and
vehicles using the same as well as the
operation and speed of all engines, card
and trains of railroads within the city;
to regulate the service to be rendered
and rates to be charged by busses,
motor cars, cabs and other vehicles for
the carrying of passengers and by
vehicles for the transfer of baggage.
(c) Special or local assessments: To impose
special or local assessments for Iocal
improvements as hereinafter provided
and to enforce payment thereof.
(d) Contracting debts and borrowing mon-
ey: Subject to the provisions of the
Constitution of Florida and of this
Charter, to contract debts, borrow
money and make•and issue evidences of
indebtedness.
(e) Expenditures: To expend the money of
the city for all lawful purposes.
(f) Acquiring and disposing of property and
services:
(i) To acquire by purchase, gift, devise,
condemnation or otherwise, property
real or personal, or any estate or in.
terest therein, within or without the
city and for any of the purposes of the
city, and to improve, sell, lease, mort.
gage, pledge or otherwise dispose of
the same or any part thereof, subject
to all requirements of law.
(ii) To acquire or dispose of by purchase,
gift or otherwise services within or with.
out the city and for any purposes of the
city.
(iii) The city shall lease to or contract with
private firms or persons for the com.
87-45
44
e
Subpt. A
,
^1
Supp. No. 9
♦W
MiA f.TLR
mercial use or management of any of
the city's waterfront property only on
condition that:
(a) the terms of said contract allow
reasonable pubiic access to the
water, reasonable public use of such
property and comply with other
Charter waterfront setback and
view -corridor requirements; and
(b) the terms of said contract result in
a fair return to the city based on
two (2) independent appraisals; and
(c) the use is authorized under the then
existing master plan of the City of
Miami; and
(d) procurement methods as shall be
prescribed by ordinances are ob-
served.
Any such lease or management
agreement or proprsed extersion o::=_ -
if cation of an existing such lease or
management agreement which does not
comply with each of the above require-
13
merits and the other requirements of
this Charter shall not be valid unless
it has first been approved by a major.
ity of the voters of the City of Miami.
Nothing herein contained shall in
any manner affect or apply to: (1)
the City of Miami/University of
Miami James L. Knight Interna-
tional Center and hotel facility-,
including all improvements there-
on; (2) any project, the financing of
which has been provided by the
authorization of bonds to be issued
by the City of Miami.
(g) Public improvements: To make and
maintain, within and without the city,
public improvements of all kinds, in-
cluding municipal and other public
buildLngs, armories, markets and all
buildings and structures necessary or
appropriate for the use of the city and
to acquire by condemnation or other-
87-45
&.1
;1R
0011
) ul)
CF- AATER AND RELVTED UOYS
Sec. 3(1). Same --Airports and landing
t3elu8.'
The ci .v commission shall' have power and
is hereby authorized to acquire by purchase,
tease, condemnation, or otherwise, lands
within or without the city limits for landing
field or airport for aircraft, and to construct
and equip thereon, or on other property of the
city either within or without the city limits,
such building and/or other improvements as
may be deemed necessary for that purpose,
such purpose being a municipal purpose of
said city. The City of Miami shall have power
to operate and maintain such airport, to
provide rules and regulations governing its
use and the use of other property or means of
transportation within or over the same, and
to enter into contracts or otherwise cooperate
with the federal government or other public
or private agencies in matters relating to such
airport, and otherwise to exercise such powers
as may be required or convenient for such
establishment, operation and maintenance;
gazes =ay be levied for any such purpose,
and unless such airport shall have been
acquired by lease, said city may issue bonds
in accordance with provisions of section 58 of
the City Charter to pay the cost of such
airport and buildings and improvements and
Sec. 3(2). Reserved.
Editor's note --.Section 3(2) of the Charter, as enacted
by Laws of Fla. (1929). ch. 14234, wan rejected by the
electorate July 30, 1929.
Sec. 3(3). Powers —Weights and meas-
ures.
To inspect, test, measure and weigh any
commodity or article of consumption or use
within the city and to fix a standard for any
such commodity or article and to establish,
regulate, license and inspect weights, electric,
gas and water meters, measures and scales,
and to make reasonable charges therefor.
(Laws of Fla. (1929). ch. 142 A)
ONoto—For similar. subsequently enacted provisions,
the user's attantion is directed to f 3(11) of this Charter.
Supp, Na 1
r --
!7rr. r .
Subpt. A
Sec. 3(4). Same —Building and zoning.'
(a) 7—Ae coinmission of the Clt; ^f NH31-ni
may, by ordinance, provide re"ations and
restrictions governing the height, number of
stories and size of buildings and other
structures, the percentage and portion of lot
that may be occupied, the size of yards,
courts, and other open spaces, and the
location, use of buildings, structures, and land
for trade, industry, residences, apaztnment
houses and other purposes. Such regulations
may provide for a board of appeals to
determine and vary their application in
harmony with their general purpose and
intent, and in accordance with the general
provisions of the ordinance.
(b) In order to preserve the city's natural
scenic beauty, to guarantee open spaces, and
to protect the waterfront, anything in this
Charter or the ord,.nan ces of the city to the
contrary notwithstanding, neither the city
nor any of its agencies shall issue building
permits for any surface parking or enclosed
atruccu as located on Biscayne Bay or the
Miami River from its mouth to the N.W. 5th
Street Bridge,
(1) which are not set back at least fifty (50)
feet from the seawall (where the depth of
the lot is less than two hundred (200)
feet, the setback shall be at least twenty-
five (25) percent of the lot depth), and
(2) which do not have average side yards
equal in aggregate to at least twenty-five
(25) percent of the water frontage of each
lot based on average Iot width.
The above setback and side yard require-
ments may be modified by the city commis-
sion after design and site plan review and
public hearing only if it is determined that
the modifications requested provide public
benefits such as direct public access, public
walkways, plaza dedications, covered parking
up to the floodplain level, or comparable
benefits which promote a better urban envi-
•Note—For similar, subsequently enacted provisions.
the user's attention is directed to 13(14) of this Charter.
6_3
Sljbpt. A
CY..RT::R
ronment and public advantages or which
preserve natural features.
slce c:._._.
review requirements of zoning ordinances are
greater then the forgoing requirements, such
These requirements shall not apply to docks
and appu:,..enant structures; single-family
residences and appurtenant structures; and
waterfront industrial uses along the Miami
a_ne the .port of or to public
and private facilities on city -owned proper-
ties. Nothing herein contained shall in any
manner affect or apply to: the City of
Miami/University of Miami James L. Knight
International Center and hotel facility, in-
cluding all improvements thereon, or to lands
and projects which the city commission has
approved prior to September 1S, 1979, by
development order pursuant to chapter 380 of
Florida Statutes of a planned area develop-
ment pursuant to article XXI-1, City of
Miami Comprehensive Zoning Ordinance or
which have received site and development
plan approval and including Plaza Venetia,
Phase II, Resolution No. 72-113, April 20,
1972; Resolution No. 72-114, April 20, 1972;
and Resolution No. 72-416, July 20, 1972.
(Laws of Fla. (1929), ch. 14234; Char. Amend.
No. 2, 9-18-79) ,
3upp. Na I
s..
1 3(1)
Annotations --In State v. City of Miami, 101 Fla. 585,
134 So. 541, it was held that the power of the legislature
.' � �ta'!„� :T�! Z'1! :.1T�Y t.'1 tr.� ;pv�r!;jT.•S-�!;-Y�{ of
r.itely in this jurisdiction.
%, has been applied to the location of a funeral home in
Ss3t! v. City of 1ljami, supra: to an oriinanyce ma'ring it
unlawful to corat:uct buildings for certain named
business purposes, or mortuaries, or hospitals, within a
described district in State v. City of Miami. 117 Fla. 594,
158 So. 82; and to an ordinance providing that no
gasoline and oil f:!linq s>stion and no service sta:jon
shall be erected or located within 350 yards of any
church, hospital, school or other such institution, where
large numbers of pedestrians congregate. or within 750
feet of the location of another gasoline and oil filling
station or service station. in State v. Peace, 139 Fla. 394,
190 So. 607.
In State v. City of Miami, supro, it was held that the
1929 act adding this section was not invalid for failure to
comply with § 16 of art. III of the Florida Constitution,
requiring that a law embrace a single subject expressed
in its title; and this section is not ineffective because it
was not properly described on the ballots for the referen-
dum. The cited case also held that the language of the
section is permissive and not mandatory or compulsory;
it gives the city commission the power to adopt by ordi-
nance regulations and restrictions of the nature de-
scribed. and also jivss the city commission power to pro.
vide for a board of appeals, but action is not compelled as
to either.
The city is not confined by this a action to the paaaage
of one comprehensive ordinance. zoning the entire
territory of the city. Id.
87 -4 5
0
i
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..�. mil. ,'`•'s ` .. . .
— •Y — -- '=a::;.:,� -:•..ram...
. .•r. `•,�"� ���^ Wit•• :rri• :w
ram- • ... .
a-as-a-c
"f2aies
86--656-
ISSOLUTIOY NO.
A RESOLUTION. APPROV:XG. SETTING FOR —
AND SUBMITTING THE DRAFT OF A PROPOSM
CSART3R AM:--N-LMZ2;'T AXv—=HG SCBSECTION
(d) OF SECTION 29 OF TZE CHARTER OF THE
CITY OP MIAMI, ENOWN AS CHARTER
AMMMMENT N0. 1. THEREBY PROHIBITING THE
CITY COMMISSION'S FAVORABLE
CONSIDERATION OF SALE OR LEASE OF CITY -
OWNED REAL PROPERTY AT LESS THAN FAIR
MARKET VALUE AT HIGHEST AND BEST USE AS
DETERMINED BY THE AVERAGE AMOUNT OF TWO
APPRAISALS UNLESS (a) THERE SHALL HAVE
BEEN 90 DAYS PRIOR TO THE DATE OF
CONSIDERATION BY THE CITY COMMIS3I0N. AN
ADVERTISEMENT SOLICITING PROPOSALS FCR
SAID SALE OR LEASE PUBLISHED IN A DAILY
NEWSPAPER OF GENERAL PAID CIRCULATION IN
THE CITY, SAID ADVERTISEMENT TO BE NO
LESS THAN 1/4 PAGE AND THE HEADLINZ I'1
THE ADVE:t':ISuENT TO BE IN A TYPE NO
S`A:-3 j`i 'B PO ITT AND (b) THERE
SHALL RAVE BEEN AT LEAST 3 WRITTEN
PROPOSALS RECEIVED FROM PROSPECTIVE
PURCHASERS OR LESSEES; HOWEVER, IF THERE
ARE LESS THAN 3 SUCH PROPOSALS RECEIVED
AND THE CITY COMMISSION DETERMINES THAT
THE CONTEMPLATED SALE OR LEASE WILL BE
IN THE CIT:'S BEST INTEREST. THEN.
%�--=TZ TO:. y A2P3C7AL OF A MAuORITY OF
TEE VOTES CAST BY TER ELECTORATE AT A
REFERENDUM, TER SALE OR LEASE MAY BE
CONSUMMATED; FURTHER CALLING AND
PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 4TH DAY OF
NOVEMBER, 1986 FOR THE PURPOSE OF
SUBMITTING CHARTER AMENDMENT NO. 1 TO
THE ELECTORATE AT SAID ELECTION; FURTHER
DIRECTING TEAT A CERTIFIED COPY OF THIS
RESOLUTION BE DELIVERED TO TEE
SUPERVISOR OF ELECTIONS OF METROPOLITAN
DADE COUNTY. TLORIDA. NOT LESS TQ..AN 45
DAYS PRIOR TO TIM DATE OF SUCH SPECIAL
MUNICIPAL ELECTION.
.'•). 86-325. adopted Juae 25,
1985. the City Attorney has drafted a proposed charter amendaent;
and
CITY COM USSION
iIEETINC OF
JUL r4 19?o
wim r, Rf"-R!-Ig
87-45 .1
• A
' _ ._ ills., �•• �.•' .• _•...,
••:a;•`'1`m�..j 'E•'..Li ,�'=j `t+�?..:ram:�ry
.cam R. Cam'.-tii•''ly�� ;+_',,.a • '�.
• �' .,. ::ti:�•� ,lam •�...
• ••�,• � . � �.YI• ""�' • 'may
U e_ . .
eal
`.i: C::- 1.ttorsey's draft of the proposed cha: te:
am-ie=d9ent Ss hereby approved in its final form as set forth is
this resolution, said draft being oubmitted to the electors of
the City this date by aeaas of the herein resolution: and
•EZA-VAS, the proposed ameadr.ent shall be submitted to the
electorate at a apecial municipal election on November 4. 1936,
as called for and provided herein, and shall become effective
upon its approval by the eleotors;
NOW, TERREFORR, BE IT RESOLVED BY THE C0MMISSION OF T?B CIT•:
OF MIAMI. FLORIDA.
Saczlcn 1. The recitals and findings contained in the
Preamble of this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth 12 t=:s
Section.
Section 2.a. Subsection (d) of Section 29. entitled
'Contracts for personal property. public works or improvements.'
unified development projects. and real property; safeguards' of -
the City of Miami Charter. Chapter 10847, Special Acts, Laws or
Piorida. 1925. as amended. is hereby amended by adding language
in the title of said Subsection. by renumbering the ezistiag
Subsection (d) as Paragraph (1). and by adding a new Paragraph
(ii) with the newly amended Subsection reading as follovs:l
•(d) Sales and leases of real property; pro +b± 4e".
W Ezoept as otherwise provided in this charter
section. there shall be no sale. conveyance. or
disposition of any interest, including any leasehold.
in real property owned by the city, the department of
off-street parking, or the downtown development
authority. unless there has been prior public notice
and a prior opportunity given to the public to compete
3r ;ai.1 real ;roperty or a :axes:. Any such sale.
conveyance, or disposition shall be conditioned upon
compliance with: the provisions of this section; such
procurement sethods as nay be prescribed by ordinance:
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. Remaining
provisions are now in effect and remain unchanged.
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ate:: an : °s ::: o ;ions that may be ixpcsed by the c_ :
the departaen of o-f-street parking or t dovnto r
development authority, as appropriate. Further. no
riga.. title, or interest shall vest is the transferee
c: such property unless the sale. c=7e^ance, or
disposition is xzde to the highest responsible bidder,
as is determined by the city commission, or the
off-street parking board, or the downtown development
authority board of directors. The oi:y oo=ission ar
the o::-street parking board o: the dcwntovn
development authority board cf directors, as
appropriate. may by resolution Waive the requirement of
sale. conveyance. or disposition to the blghest
resrcast.b.r ad S; :,eazs o.: !ie folloving proced•-1r:•
the city manager, the director of the off-street
parking authority. or the director of the downtown
development authority. as appropriate, must male a
vritten finding that a valid emergency exists. Which
finding must be ratified by an affirmative vote of two-
thirds of the oommission after a properly advertised
public hearing. Vhen the requirement of sale,
conveyance, or disposition to the highest responsible
bidder is vaived. other procurement methods as may be
prescribed by ordinance shall be followed. The city or
the department of off-street paring or the downtown
ce7elo near author t:T stall ,.see Lh= -aver :o re;ect
All e1:2rs. All inyitattons __: blds, requests for
proposals, or other solicitations shall contain a
reservation of the foregoing right to reject all
cfi::?, '":r+s section shall not arply to transfers to
t!:e United States or any department or agency thereof,
to the State of Florida, or to any political
subdivision or agency thereof.
b. The charter amendment proposed in this section
shall be knova as Charter Amendment No. 1.
Section 3. A special sunicipal election is hereby called
and directed to be held in the City of Miami. Florida, from 7:co
A.M. until 7:00 P.M. on Tuesday, November !, 1986. for the
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87-45
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M
3-1
for their approval or disapproval the measure known as Charter
.4mendsment So. I.
Section 4. Said special municipal election shall .e held
at the voting places in the precincts designated, all as shown on
the list attached hereto and made a part hereof and referred to
as Ezhibit No, 1. or as may be designated by the Supervisor c:
Elections of Metropolitan Dade County, Florida, in oonforzlty
with the provisions of the general laws of the State. T:e
Precinct Election Clerks and Inspectors to serve at said polling
places on said election date shall be those designated by the
Supervisor or Elections of Dade County for such purpose 1=
accordance vith the general laws of the state. A description of
the registration books and records which pertain to electic=
precica-!: or partly within the City and vhich the City 1s
hereby adopting and desires to use for holding such special
municipal election is as follows: all registration cards, boots,
records and certificates pertaining to electors of the Citp of
Miami and established and maintained as official by the
Supervisor of Elections of Dade County. Florida. in conforai:c-
with the provisions of the general laws of the State of Florida.
are hereby adopted and declared to be. and shall hereafter be
recognized and accepted as. official registration cards. books.
records and certificates of the City of Miami.
section d. In compliance vith Section 100.342, Florida
Statutes. the City Clerk is hereby authorized and directed to
Publish notice of the adoption of the herein resolution and of
the provisions hereof. at least twice. once in the fifth week and
once in the third week prior to the week in which the aforesait
Special suaicipal elaot:on is to be held. is the following
newspapers of general circulation published in the City of Miami.
Florida. at least twice. one in the fifth week and once in the
third week. which notice shall be substantially in the following
form:
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87-45
0VOTIC3 OF SPECIAL MUNICIPAL RLZCTION
TO B3 RE=1 ON
TVESDAY, NOV EMBER i, 1986
IN TER CITY OF MIAMI. FLORIDA
PU^SUA..NT TO RESOLUTION NO. 86-
A special referendum election will be held
on Tuesday. November 4, 1989. from 7:00 A.X.
until 7:CO P.Y. is tha City of x! i,
Florida. at the polling places in the several
election precincts designated by the Hoard of
County Commissioners of Dade County, Florida.
as set forth herein. unless otherwise
provided by law. for the purpose of
submitting to the qualified electors of the
City of Miami. Florida, the following
question:
:'har:dr Amen went :io. 1 %a adopted to
require approval of a majority of votes cast
by the electorate at a referendum before the
sale or lease of city land at less than fair
market value unless the City has received
no:: less than Z written proposals for such
sale or lease after a newspaper advertisement
soliciting such proposals has been published
allowing not less than 90 days for the City's
receipt of proposals?
Charter Amendment No. 1 prohibits the Cit?
Commission's favorable consideration of the sale or lease o: -
City -owned real property at less than fair market value at
highest and best use as determined by the average amount of two
appraisals without approval of a majority of the votes cast by
the electorate at a referendum unless the City has received a
minimum of 3 vritten proposals for such sale or lease after a
newspaper advertisement soliciting such proposals has been
Published alloying not less than 90 days for the City's receipt
:." written proposals from prospective purchasers or lessees.
By order of the Commission of the City of Miami. Florida.
CITY CLERK
(Insert list of City of Miami polling places.)'
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87-45
I
Section 8. :he cericiai bal:an to be used at said alactio;
shall be in full compliance with the iays of the State of Florida
with respect to absentee ballots and to the use of the mechanical
voting machines or the Computer Election System (CZS). mad shall
be in substantially the folloving fora. to vit:
OFFICIAL BALLOT
SPECIAL MTNICIPAL ELECTION
TUESDAY. NOVEMBER 4, 1966
FOR APPROVAL OR DISAPPROVAL OF TEE
FOLLOWING QUESTION:
CHARTER AMENDMENT REQUIRING REFERMMUM
FOR DISPOSITION OF CITY LAND IF LESS
TEAM THREE PROPOSALS RECEIVED
'Sball Charter Amendment No. 1 be
adopted to require approval of a
majority of votes cast by the
electorate at a referendum before
YES the sale or lease of City land at
less than fair market value unless
tae City has recei7ed tree written
proposals for such sale or lease
NO after a newspaper advertisement
soliciting proposals has been
published allowing not less than 90
days for the City's receipt of
proposals?
Section 7. Electors desiring to vote for the amendment, in
approval of said Question described above. shall be instructed to
punch straight down with the stylus through the hole next to the
word •YES' within the ballot frame containing the statement
relating to said Question. Electors desiring to vote against the
amendment. in disapproval of said Question. shall be instructed
to punch straight down with the stylus through the hole neat to
the word 'NO' within the ballot frame containing the statenen:
relating to said Question.
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87-45
.1
A
+�,irJ c !'� , •� L'_t.k II�..1.1 ^.,•.::Sa to 'ze 171. t.rea
absentee ballots containing the Question aet farts is Settioa 6
a:o-e :nr the nse of absent electors entitled to cast sack
I
ballots in said election.
••y:�„ .:..�.
ram...>` ;G•'u..*� ���±�1:=
/may �"b'� r,�•� :.a. •;.1±:.R"�'�.y%,1w•.
10 `
Section 9. All qualified elec':a-:s aZ said Cit7 shall be
permitted to vote in said special municipal election and the
Supervisor of Elections of Dade County is hereby requested.
authorized. and directed to furnish, at the cost and erense of
the City of viami. a list of all qualified electors residing in
the City of Miami as shova by the registration books and records
of the Office of said Supervisor of Elections and duly certi=-z
the sane for delivery to aad for use by the election officials
desig=a.ta- to se: ;r: 3 : •: a respec::ve ; ol__c3 r.sces 1c said
election precincts.
stctian i.L. +o: tae purpose of enabling persons to register
vhc are qualified to vote in said municipal election to be held
on November d. 1986. and vho have not registered under the
v",risiora o'. t`Z of Florida and Chapter 16 of the'
code of the City of Miami. Florida, or vho have transferred their.
legal resident from one voting precinct to another in the Cit7,
- they may register Monday through Friday, from 8:00 A•21. to 5:00
P.H. at the Metropolitan Dade County Election Department located
at 111 Vorthvest 1 Street. Miami. Florida. In addition to the
above place and times. qualified persons mays register at such
branch offices and may also use any mobile registration van for
the purpose of registration is order to vote in the herein
described election during such times and on such dates as may be
designated by the Supervisor of Elections of Dade County.
faction 11. IL%.Tl 3IEAI. t. Le City Clerk of the ;:::7 o:
Miami. Florida. or her duly appointed successor, is hereby
designated and appointed as the official representative of the
Commission of the City of Miami. Florida. in all transactions
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87-45
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e
vits the e:-rcr e' .-:ct'_cns of Dade Ccumty in relation to
matters pertaining to t%e use of tha regist:atiam books and the
holding of said special xu.'cipal electicn.
Seetiin 12. The City Clerk shall deliver a certified cowl
of t`1.s resolution to the Supervisor of alectioas of Metropolitan
Dade County not less than forty-five dais prior to the date of
thr Nertiz election.
PASSED AND ADOPTED this 24th day of v 198E.
dAVIZR L. 3IIAR4Z, MAYOR
ATTEST:
q�h XA NIRAI , `CITTY (CLERK
f •
PREPARED AND APPROVED BY:
ROBERT(F. C4
CHIEF DEPUTY CITY ATTORNEY
APPROVED S FORM AND CORRECTNESS:
LO IA A. DOUGHER Y
CITY ATTORNEY
RFC/rr/mia9
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u-36-:80
e ,
�;jj �f~�'�, •��/.mil l��V�if:� �1I�1.. • n 1
f^_
RESOLUTION NO.
A RESOLUTION OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARAT=ON OF TAM RESULTS OF THE S?ECIAL
YUNIC:?AL ELECTION RE`.D NOVEMBER 4, 1986 IN
NHICH CHARTER AMENDMENT NO. 1, REQU:-A1NG A
R3=SzNDUM FOR DI3?OSITI0I( 0^ C=TY LAND I:
LESS THAN THREE PROPOSALS ARE RECEIVED, WAS
APPROVED BY THE ELECTORATE: ALSO OFFICIALLY
ACCEPTING THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF TEE RESULTS
OF THE SPECIAL MUNICIPAL ELECTION HELD
NOVEMBER 4, 1986 IN WHICH CHARTER AMENDMENT
NO. 2, INCREASING COMPENSATION AND
AUTHORIZING PAYMENT OF DUTY -RELATED EXPENSES
FOR MAYOR AND COMMISSIONERS, WAS DISAPPROVED
BY THE ELECTORATE: AND FURTHER ACCEPTING TF?E
ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL
:_JNICI?Ai. ELECTION HELD NOVEMBER 4, 1986 IN
." =C:'_ THE ST24W BAL^LC.T QUESTION ASKING IF IT
1J C:: F .}iJi��:r, k.*1.1C`1 .1G All CBS:.S.fG FOR A
MOVIE, TELEVISION PROGRAM, VIDEO RECORDING
OR PRINTED MATERIAL TO DEFAME, MOCK OP
DEGRADE BASIC REL:GIOU3 BEL+EFS BY USE OF
NUDITY, SEXUAL ACTS, OR PROFANITY. iiAS
APPROVED BY THE ELECTORATE.
BE IT RESOLVED BY THE COMMISSION OF THE CI^_Y OF M=AM7.
FLORIDA:
Section 1. The City Commission hereby officially accepts the attached City Clerk's Certification and Declaration of the
results of the Special Municipal Election hel= 0-
November 4, 1986 in which Charter Amendment No. 1 apmearing c:
the ballot as follows:
"Shall Charter Amendment No. 1 be adopted to
require approval of a majority of votes cast
by the electorate at a referendum before the
sale or lease of City land at less than fair
market value unless the City has received
three written proposals for such sale or
lease after a newspaper advertisement
soliciting proposals has been published
allowing not less than 90 days for the City's
receipt of proposals?"
was approved by the electorate.
Section 2. The City Commission hereby officially accepts
the attached City Clerk's Certification and Declaration of the
results of the Special Municipal Election held on
CITY COb4_%USS1C:j
MEETINC OF
Nov Ill 198E
Rllotullam �� �'• _� • f
8 • 4 5 ,i.
c 0
:to+re-ter 4, 1S86 in •r -:h Charter Amendment No. 2 appear-^;
to ballot as follcws:
"Shall Charter Anendment No. 2 be adopted
e vidirg , e lac:i•. a December 1, 1987. f cr an
!--crease in annual compensation to S17.5CO
for the office of Commissioner and $24,500
for the office of Mayor, providing for an
automatic cost -of -living ad;ustme.n'in said
compensation payments, and providing pa:ment
of an alliwance up to $7.500 for each
Commissioner and up to 58.500 for the Mayor
to cover expenses resulting from performance
of official duties of office?'
was disapproved by the electorate.
Section 3. The City Commission hereby officially accepts
the attached City Clerk's Certification and Declaration of the
results of the Special Municipal Election held ca
November 4. 1986 in which the Straw Ballot Question appearing an
"Is it offensive, annoying and obscene to you
as a citizen of the City of Miami. Florida,
for a movie, television program, video
recording or printed material to defame, mock
or degrade basic religious beliefs by use of
nudity, sexual acts or profanity as the term
profanity is defined by Florida Law?"
was approved by the electorate.
PASSED AND ADOPTED zhi 13th day of qovember 198C.
XAVIER L. SUAR$Z. MA'tOR
ATTEST
BATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
8n�iz I;Z. 4Edz
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
i
r
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
RFC:bss:9250
1"`
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APPENDIX iB
CI►Y C" MIAMI GUT-DE-2 ANO SiANDAROS
Bay/River Walk
May 1983
City of Miami Planning Department
87-45 .
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BAY WALx/P_I'VZ.R WALK
Czs:G-_.T
ents
for the private design and development
oi waterfront public -access walkways.
C-ZZ ERAL PIRLINCIPLES
Public access waterfront waZ"ays slloud:
a weel Public
No one should feel as if he or she
is int ruding on private proper,-)*
the public should feel welcome
and at ease to move along the
entire length of the bay/river
walk. Signage should clearly
establish the public's right to
s e the WIMCWW1'
0 Be Usable
joggers, lovers, fishermen,
business men and worrien,....
everyone should find the bay/
river walk usable. Potential
convicts between active and
passive users should be prevented
through segregation of bay/river
walk use zones. (See guidelines.)
a Pro
vide Visual Access
The attraction is the vratez- All
landscaping, furniture, li#xtincr
. . . . . . guard rails and planters should
be subordinated to enhance =aX-
i=um visibility to the water.
Simplicity of design is. preferred.
The views of adjacent private
development should not be
obstructed.
7
87 -4 5 -a
• p, r� r ,;.� a Enhance Visual Cualit-j -
+i•>-��'. Parking and Ser;:ce a-e:�s rust be
^
completely screened from the walk-
, =fir ' :�`+1'� 1l .1 �� �,r •" -Amy. Materials, color and forms
show-d complement the na moral
shoreline environment.
o Coraec_ to Ot':er F ubl.ic Areas -
1
Public arksiops
:• ,... •;�• `C','�:`,�.1 � ram.. transt stops, 4' '..-
-^~ =rw�' i .. fares, midblock w-walkways, shopping
areas, and publicly accessible plazas
.�•= ='� :• 'k.
> should co=ect to t?:e bay/:i•rw� l
er .c.
�`*"`�' �Y •`�t' *� `% o Take Advantage of Bay/giver Setting -
•-, ; ,_ ,� 'r: ":b: Where practical, boating and fishing
:{LA
►_, -•
.._+ ': activities should be incorporated
into Bay walk designs. Elevated
-�"=•.=� :� viewing areas, historically inter
• , —:: Z r s
• desirable.
I DESiGir G'yIJE�?�:. -
The Bay/River Walk has five distinct zones:
t
� secclt ifc�
,-
3't { �i
� � 1
i
-r'ublic' \q 1
- 1
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87-45
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eI.
o Edge Zone -
a) Top of bulkhead or seawall shou_id
be at a constant elevation for the
lengfli of the bay walk..
It should be 1'-6" - 216" wide at
the top.
e b) Safety ladders of stai—less steel
45 or galvanized steel should be
placad a maxi^ium of 100' apart
along the face of the seawall or
bulkhead, to allow for climbing
out of the crater at low tide.
c) Top of seawall/bulkhead should
be 6"-8" higher than surface of
bay walk circulation zone.
d) Inside edge of seawall; bulkhead
should be beveled.
e) Top su_:_ce of seawaL/Sullcheael
should be textured and of a
lighter color than surface of
circulation zone.
o Safety Buffer Zone -
A barrier at the eaters edge may be
'installed at the discretion of the
Jroperty owner. ,Such a barrier,.if
used, should be as visually trans-
. ..parent as possible, such as a simple
....parent
Paving adjacent to the edge should
be a type of cobble stone with
"river rock" f 3/4" x All set in
concrete leaving a relief of
4Is-ait.
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871S4 5 4
o Circulation Zone -
Bay/ri v er wark c:.culation cor_a
or promenade should be 8'-12'
1 wide.
�, � •' Alignment offsets of the rrornenade
should not exceed 6' and be svacee
=-_Z �,,,,�,J.,., , � not less than 50' apart.
Ir ' •" , ' "�= �--=' Obstructions to riove_*:zea:
bollards, lighting, etc.) wit:-ii-m
promenade shall not reduce the
clear width of the walkway to
less than 8 feet at any point.
The promenade surface shall be
sloped toward an acceptable
•stows drainage disposal system
in conformance.'with Section 4611
of the South Florida Building
�-Iv
0 o ? S 31-re
ji
a C,r,�e ,,}j� �d�O' Ci : The area for sitting, accent land-
0 scaping and concessions should be
i O
d ;� o e ��� located along the inland side of
the bay/river. walk, and not less
tad than 4' wide.
M+*Pat G1 _
�am --� 7 Short lengths of the passive zone
' may be elevated 1z'-2' above the
level of the promenade fdr
:Y' \ • enhanced bay and river views
FdSSiV'e� m me. -
All benches shall have backrests,
and their placement should empha-
size direct views of the water.
Seating surfaces shall be Purple
Heart, Western Red Cedar or
Redwood.
All furniture shall be permanently
installed preferably by direct
' burial in concrete.
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87-45 1
VS`.7I i i xt%. •
o Passive Zone - (continued)
Appropriate addi ioni 'fu_rmt•.sr e
including trash receptacles, ever -
head canopies or shelters, drinking
:ountaias, etc. , should be conii.ed
to the passi•re zone.
The passive zone may be paved is
plain concrete or the rave.: on the
rnain circulation zone.
o Transition and Security Zone
To bu!:er private devalopment
from the adjacent bay/river walk a
minimum 31-51 transition zone
should border the Bay/River Walk
facility.
This visual and functional transition
from public to private space should
geaer���j be marked by low le-rel
c : d. zead .3Zada o:.
ornamental trees.
Security to limit public access to
private property may be provided
=eaces, grade changes or ret fin-
ing walls, All screens and malls _
should be landscaped to reduce their
visual impact on the walkway.
For adjacent developments that
serve the public, (i.e., restaurants,
shops, hotels, entertainment, etc.)
provision of wide, visible and easy
pedestrian access to the bay /river wa3
should be assured.
In general, landscaping and security
bar::ers should not visually screen
the bay/river walk from adjacent
active uses, such as retail restau-
rants, or entertainment.
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GUIDELINES FOR DESIGN EL-E"ENTS ,
o Landscaping -
Shade trees should be confined to
tie inland edge of the passive
*zone*. Root guards of a ' length
of 16 guage corrugated aluminum
.' ,e W � 1 a N' �' Gia�� ter shall
ff berused Ith all shade trees.
Pairns may be used along either
edge of the bay/river walk, but
Coconut'Paizns or Sabal PaL-r_s
are particularly appropriate
for the water's edge.
Raised planters, if used, should
be confined to the passive zone,
and all planter walls should double
as sitting walls, 1511- 30" ht. .
Plant material should be primarily
o Lighting -
1.2
Lighting at the waters edge should
be confined to 8" diameter bollards,
24" to 30" high with down illumina-
tion not wctending beyond the bulk-
head line.
Bollards should be 100 Watt MV
and appro-.cmately 20' on center,
azaximum.
Overhead lighting should be confined
to passive zone and be down lighting
with lamps not over 14 feet high;
175 watt MV, ± 50' on center.
Up lighting of landscaping, partic-
ularly shade trees, should be confined
to the passive zone and transit -on zone.
e: cu= y vapor., fret l ha:c.e lasers o =
similar 'White" i:ga lu.:.i_:a : is should
be used.
87-45
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G:.;=%FLI�4ES FO_R D=S=G:i -ELZ.' .E:,iTS (continued)
Colored lighting, eoccept for
ivate sir:ns. shollI nct b,.
• Simple contempo ra=y fist., e
design should be used as opposed
to highly st-�li�ed, vintage or
period designs.
o Signage -
All public access balf/river walks
shall be marked with :he' standard
"Public Shore" sign.
All major public access points,
including park walkways, road-
, =•-, .
l ; ! vmys, dedicated midblock walks
SZO
PiIvi,i Ir qUOPP11 marked with "Public Shore" signs.
-7 -
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a.d; =t • - - - tpubz! cly
oriented private development,
such as cafes oz shops, should
identify the use with signage in
the transition zone.
Jni:iormly designed historic scene
or environmental markers and des-
criptive plaques should be'placed
in the passive zone. +;
Signage should identify access
points and adjacent activities,
(cafes, shops, etc.) for boaters.
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ORDINANCE N0. il 0 06 2_•
NO. 977S,
OF
THE CITY 07 ;iIAAI, >•L0410A AMO SUBSTITUTIYG
T-FAEFOA A NEii MINOPITY PROCUREMENT PROGRAM
DADIAAHCf TO 9E XQVX AND CITED AS -TAE
MINORITY AgD wCMEN BUSINESS AFFAIRS AND
PZOCJRHriENT ORDINANCE OF THE CITY OF MIA111,
tLORIAA,' EST.IBLISH."AG A MINORITY AND WCMEN
2USI!It3S AF=AiRS PROCUREMENT PROCAAM APO
COMMITTEE; PROVIDING FOR THE CREATION BY Tit_
CITY ?ONAGER Cc Ali 01 : 1' 4- .3::1C4ITY APO
WOMJE4 BUSINESS AFFAIRS AND' PROCURE RENT;
FURTHER SETTING FORTH A COAL OF AWAADIYG AT
LEAST $1. PERCENT OF THE CITY'S TOTAL ANVUAL
DOLLAR VOLUME OF ALL PROCUREN-TAT EXP£HOITUA4:5
TO BUSINESSES OWNED BY BLACUS (17%1,
HIS?AN:CS (17%); AND WOMEN (17111 AUTHORIZING
THE CITY MANAGER To PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FOR THE DEVELOPMENT OF PROCEDURES, MEASURES
AND RESOURCES TO 114PLEMENT SAID PROGRAM,
COALS AND 09JECTIYES; AND C04TAINING A
.5.:�.,. plsl
WHEREAS; Ord i d ft.; ,du, 30,013 des l i ng wi th mi noe t tr
procurement has peen found to be is need of revision and
modification to strengthen the effectiveness of the City of
Miami's Minority Procurement Policy and Program; and
WurgrAs; C1,1 ;,m:ilssion; in repealing Ordinance No.
9775 and 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 53; and the Municipal Mono Rule Powers Act of
1973, Chapter 166.001 et seq.. Florida Statutes, as amended; and
WHEREAS; %,.* U.S. Supreme Court has upheld Dade County
Ordinance No. 82-67; adopted July 20, 1984; restricting bidding
on construction projects to clack -owned firma when prior
unwarranted discrimination has been proven; and
UNEREAS, findings of a City of Miami Minority Procurement
Disparity Study indicated a substantial exclusion of minority
and women -owned businesses from the City•s procurement process
for the fiscAl years between 1971 and 1981; and
WHEREAS, this Ordinance rill prevent the perpetuation of
the effects of prior unwarranted discrimination which has
1
87-45 a,
•t!':'_3f�,i i.aatired; limited or foreclosed procurement and
40i:ract1,11 a;por:ar,ltia fee businesses owned by Blcc�s;
Hispanics and Women with the City of Miami; and
VM4:1t.i.;lei:. ?i 7,143 establ i shed a policy of
tcnstr!Rctiye affirmative action to eliminate substsnti&II W tar
effects of prior discrimination; and
WHEREAS; the ;ropasad Minority and Women Business Affairs
and Procurement Progrem•and Policy contains requirements: (a)
that those who contract with the City of Miami in the &etas of
procurement 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; and (b) that such city contractors have and
implement in A:liriative Action or Equal Employment Opportunity
policy :a employees or appiicants
for employment are treated equa: i,/ vj :njw:
ethnicity, race, ere•s4, color; religion, sex, national origin.
handicap o:- s-:
WHEREAS. implementatioff of this ordinance will serve the
best interest of the City and wilt saximitt the opportunity for
small business concerns owned and controlled by slacks,
Hispanics and Women to procc^s e- contract with the City of
Miami in the area of procurement; and
WHEREAS, to be tffeetive it is necessary and desirable to
establish for the City of Miami a Minority and Women Business
Affairs Procurement Program with the appropriate goals.
objectives; administrative procedure and resources; and adopt
legislation remedying the affected Hispanic, Black and Wooen-
owned businesses;
' MOW. THEREFORE; BE IT ORDAINED BY THE COMMISSION OF
CITY OF MIAMI; FLORIDA;
4•:: K.: snal1 be t- r-r -ed say be ei ted
as 071t Minority and Woman Business Affairs and Proc=rtwe;st
Program Ordinance of the City of xlami,'
sectian 2. For the purpose of this Ordinance, the
following iorss phrases, words, and their derivations shall have
the following meanings: ,
2
00624
87'45
A.. 0.4t4s441 fnttrprise Mans any corporation;
=artnarshlP, iidiridual; sole proprietorship; joint stock
company, joint venture; professional association or any other
+i:^nesd to do business with the
City of Miami andior Cade County and/or the State of Florida.
B. Minority andyam en -awned Business Enterprise means
a business enterprise in which at least 51 per:wnt of said
enterprise is owakd br Blacks, iiispanics or Women whose
management and daily business operatiokis art c:ntr*lied by one
er more 014cks; His;4irlub ar Y.'mxn.
C. contrect means agreements for the procurtment al
goods; services Cr construction of facilities for the City of
Miami.
j 1 D. Faci_lities, means all total -or partial publicly
finencod projects ineludinq; but without limitation, unified
devel*pment prv4tc"cs, ,au.r'c:;-i su;)'I
inprovaments to tht extant they art financed with City money.
nti i"i:e L:.. r�,i�:':: • Cr rYyL�: x ...� iair11..'?9.
E. Goods and •services include, without limitation,
public works, improvements; facilities; professional services.
commodities, supplies, materials and equipment.
F. goal means the percentages of .the annual dollar
volume of procurement expenditures determined by this ordinance
to be offered for Minoritr and women business participation.
g. Set -aside is the term which will be used to
designate a given purchase or contract or a portion of a given
purchase or contract award for Black, Hispanic and/or Women -
owned businesses. Set -asides may only be utilized where it is
determined; prior to the invitation to bid or request for
proposals, that there are a sufficient number of certified
. Black, Hispanic and/or ' Yomen-owned businesses to afford
effective campetition fo*e the purchase.
H. Joint Venture shall mean an association of persons -
or legal entities with the intent to engage :n and carry Out a
single business enterprise for profit.
3 s 0062-Z
87 -4 5 ''
w
OWN
1: Prucvree�er+t Exoenditures shall mean a Ourthase;
aG1`f J,!e I ",t! the of. -10S! of
;,..; :.•,:•�-idi�tg goods and servicas.
J. Arieci`r A:-.iIn Plan ihAll Iaciuee the
projected annual goals and the tin.-tUbtes J;sich yy , i b: uixd 2t
emq l ey and/ar procure wi th was en and Lei nori ;i es a nan-
discri2ination polic; a;ataaent and any other actions which will
b+ u3ed ;o ensure equity in. esploysint and the utilization of
■inority an-4 famal3••�yr.,ed r�aslnesses.
and Women Busiddss Affairs and
Procurement Program for the City of Miami is hereby eitAblished.
The City Manager's Office shall be hold accountable for the full
and forceful implementation of the Minority and Women Business
Affairs and Procurement Program by providing appropriate
recommendations for action by the City Commission.
the implementation wr salty wrogras, a Minority and Women
rt . ��», • r�•�q••a, 93 hereby
established, consisting of an appropriate numbitr of members. to
be appointed by the City Manager, with full representation of
Hispanic:, Bloch and Yoaen to to responsible for monitoring the
leplenentation of the program and making recommendations for
achieving the requ/resents of this Ordinance. The Committee
sha11 be responsible for generating yearly progress reports to
the City Commission and the conunity at large.
a. Tbi City Manager shall, utilizing existing
resources, create an Office of Minority and Women Business
Affairs and Procurement; and shall provide the appropriate staff
and resources necessary for the performance of all such
administrative duties; authorize and implement the
administrative guidelines and procedures required; and ensure
compliance with the functions required to promote the
achievout"t nt 0e prcy:4w's Q0413 add objeeti•res we incra{sing
the volume of City procurement and contracts with Black,
Hispanic and Women -owned businesses.
4 Z0o6
87}45
M
??"7n Se the city is ,to aehieys a 3ja1
J� Q..i��!1•� J t:�A'S a a� .': :.' ... .'::3Z 2Yrual dc1 � i. ..;i'.
of all procurement expenditures to Blacks, Hispanics and Woman-
�nr0an±d es foilo•�s:
strente�n par:ant (17:) to Blacks; seventeen percent (174A) •�
A. To further the goal of incrla3139 the total annual
o;.i 1 .; �!; s•.r�:xs�s: 11pMnditure3 to minority and women -
owned business enterprises; authority for a minority and women-
cxnad n:sa omtararisa procurement set -aside is hereby
established for use by the City Manager as he or she eay dtea
advisable er necasssry tj ia:rvas.t that participa:ion al 818ct,
Hispanic• and women -owned businesses in City procurement
contracts.
B. It shall be mandatory for all City of Miami
contracts and/or procurement award documents to ea-tcz,n t,I•o
fallowing:
(., • . �.r�♦�. sup.....►• •
t4 n t�
a
of the Minority and Women Business Affairs_ and Procurement
Program established by this Ordinance;
(2.) A prevision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into; including elimiaation of the individuals) and/or
business enterprises) from consideration and participation in
future City contracts; on the basis of having submitted
deliberate and willful; false or misleading information as to
his, her or its status as a Black, Hispanic and/or Women -owned
business enterprise and/or the ,quantity and/or type of minority
and women -owned business participation;
(3.) A requirement -that each successful bidder
or offeror agree to•provide a sworn statament of compliance with
the provisions of this Ordinance and its specific applicability,
to the purchase or contract award under consideration; such
statement shall certify that the bidder or offeror, during the
1 Wagon, depending upon their own annual self-selection, shall be
listed in an,; one (1) of the categories: race. ethnicity,
lender.
S 10062 -
87-45
Couple of time involved in the performance' of the Contract
saurht by such bidder or offeror; shall net discriminate against
'usinssz; amgloyee or applicant for employment because of
age, ethnicity; 'race; cried; color, religion; sex, national
(4.) A statement of the eztsnt to which the
�u:ie-!:.s 'ill r; r: sas as oilt or too:.8 sf is part: Hers or
principals persons rho A are Black. Hispanic or Vomin; or Is a
joint Venture Comprised of a non-ainority and minority busiaesa
and/or women -owned enterprise.
(5.1 A requirement that each bidder submit along
with the bid or proposal on Affirmative Action Plan (AAP). Any
significant equity participants; joint venture participants.
sub -contractors; suppliers or other parties to the bid or
shall also be required to submit such plans.
A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
female involvement.
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 In all bid and proposal 4oeu1+eets.
Seeti 4.1 S • 9--c*p: short fedtrei or state law or
regulations mandate to the contrary; the provisions of this
section will be applicable to all City of Niami; prebid, bid,
contract or other agreements negotiated by the City;
Section 7. The Minority and Wanes Business Affairs and
Procurement Program established herein shall be in effect only
until such tine as the effects of prior unwarranted
discrimination against Blacks; Hispanic$ and Women have been
compensated for, at which time the goals and sot asides provided
for herein shall no longer be observed. Such need shall be
recommendation of the City Manager.
Section e. Ordinance No. 9773, the Ninorlty Procurement
Program Ordinance of the City of Miami, Florida, is hereby
repealed:
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