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HomeMy WebLinkAboutR-86-1017J-86-1044 11/26/86 pp RESOLUTION N013(;—I()I.'d~ A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A UNIFIED DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILCTY, 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; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER SECTION 53(c). 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 REP selection of a certified public accounting firm, and appointment of members to a review committee from persons recommended by the City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSION MEETING OF 1 DEC 11 19ou t.r'%0'.U11UN No.86_101� Section 1, The City Manager is hereby authorized to issue a Request for Proposalsr/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. Section 3. The certified public accounting firm of Arthur Andersen & Co. subconsulting with Sharpton, Brunson & Co. and Verdeja, Iriondo, & Gravier. is hereby selected to analyze said proposals and render a written report of its findings to the City Manager. Section 4. The following individuals are hereby appointed members of the review committee to evaluate each proposal and render a written evaluation of its findings to the City Manager, including any minority opinions: MEMBERS OF THE PUBLIC Bill Hicks, Esct. Don Anguish Richard Briggs Henry Givens Raul Rodriquez CITY EMPLOYEES John Blaisdell Editha Fuentes Juan Portuondo Sergio Rodriguez 1/ Said request shall not contain a prohibition against the use of existing hangars. Any reference to a 2% override charge shall be deleted therefrom. 2 0. 8fi►-101'7 PASSED AND ADOPTED this 11th day of December , 1986. XAVIER L. SUARE., Mayor ATTE MATTY HIRAI, City Clerk PREPARED AND APPROVED BY: i CHRISTOPHER G. KORGE Assistant City Attorney I APPRQ ED ,A,5 TO FORM AND CORRECTNESS: �2 LUCIA A. DOU HERTY City Attorney 3 80--101 L"y 4 ffll C��C�O U DEC 0 I9c coconut grove civic ciu� po box 381 coconut grove florida 33133 December 9, 1986 Mayor Xavier Suarez CITY OF MIAMI Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: The Coconut Grove Civic Club has some serious concerns with the proposed "Request for Unified Development Proposals for 2640 South Bayshore Drive", item 64 on the City Commission agenda for December 11, 1986. To help insure that experienced boat yard and marina operators be encouraged to submit applications under this proposed RFP, and that the subject property be utilized primarily as a full service boat yard and marine facility, the Coconut Grove Civic Club recommends that the City of Miami Commission change the draft RFP to: 1. Eliminate or modify the public access easement to assure the orderly operation of a boat yard that must have easy and constant access to the bay 2. Direct attention in the RFP to the necessity of having an experienced boat yard and marina operator, with a proven track record in such an occupation 1. Public Access vs. Full Service Marine Facility The draft RFP states that the objective of the development is "...a full service boat yard facility, marina and marine related retail use of publicly -owned property, while enhancing public access to the waterfront." RFP, pp.2 and 9. (emphasis added). This problem of providing "access to the waterfront" and at the same time providing a full service boat yard and marina ("boat hauling, storage, repair and maintenance services for boats greater than 28 feet in length..." RFP, p. 10 (emphasis added)) forces the applicant into a serious dilemma. While furnishing these services to the marine: community, the applicant must also provide a public access easement "...with improved walkways, lighting, landscaping and seatin$uj7&}ft8g iM8 tI'jLabiCedge from north to south..." RFP, p.12. record in connection with item 4� on �Z /� . Matty Hirai City Clerk LE RFP-2640 South Bayshore Drive Page -2- December 9, 1986 The physical and legal impossibility of operating a full service boat yard and marina for boats of over 28 feet in length while pedestrians walk through and across vital bay - access areas are clear. Yet this is what the draft RFP requires. Even though the document recognizes this problem it does little to encourage its resolution beyond agreeing to "consider architectural solutions", RFP, p.12. The public policy that encourages public access to the waterfront is one that is critical to the City of Miami. The Coconut Grove Civic Club has been consistent as well as persistent in its efforts to preserve such access. However, in one of the most open -to -the -public waterfront areas in the city, stretching from the Rockerman Canal to to Peacock Park, that this city -owned property is deemed critical for public enjoyment of the waterfront is puzzling. It is clear that a full service boat yard and marina is needed at this location, as this site holds the only such operation between the Miami River and the Florida Keys. It is less clear that public access is of such importance as to limit the effective operation of such a boat yard -marina, especially where easy access is available close by at David Kennedy Park, Monty's, Dinner Key and Peacock Park. Thus, the key question remains: what is supposed to be the centerpiece of this project? Is it the boat yard and marina or the retail space, marina and public access? The draft RFP as written forces the applicant to focus on being either a quality, profitable boat yard and marina, or a quality, profitable, marina and "marine -related development." That the draft is vague as to this latter point ("...retail space may include, but not be limited to, such activities as..." RFP, p.il (emphasis added)), gives the applicant a tantalizing choice, de-emphasize the boat yard and focus on a possibly aesthetically pleasing Coconut Grove version of Bayside. That choice is encouraged further by the draft's prohibition on the use of existing boat storage facilities for that purpose RFP, p.12. The ambiguity in the draft RFP discussed above, is seen through the conflict between the requirements under Section IV, A, 3(a) (RFP, p.10), and Section IV, A, 4, (RFP, p.12). This problem needs to be addressed and resolved to insure that applicants fully understand the primary importance of maintaining a full service boat yard and marina facility for boats of over 28 feet in length. RFP-2640 South Bayshore Drive Page -3- December 9, 1986 2. Experience in Operating a Boat Yard and Marina Facility The seeming de -emphasis of the boat yard component is seen in Section V (Evalution Criteria, RFP, p.16). The applicant's "experience" is given only 15% emphasis in the evaluation formula. Of that amount, only one half concerns "[s)pecific experience of the proposer in development and management of the types of uses proposed." (RFP, p.17). It is very possible that an applicant with little or no marine or boat yard experience can be awarded a development contract under this RFP. This is more frightening, given the necessary emphasis placed on financial guarantees in the evaluation criteria, and the relative lack of emphasis on expertise in operating a full service boat yard and marina facility. Evaluation criteria should spell out the specific requirements of expertise needed by the operator of this proposed development. such requirements should include evidence of a proven track record as such an operator. Thus the City would be able to better evaluate the capacity of the applicant to meet the financial goals so important to the project's success. The Coconut Grove Civic Club urges you to change the RFP in these two areas to insure that 1) a full service boat yard and marina facility will exist on the site and that (2) an experienced boat yard and marina operator can respond to a clearly written RFP with straightforward standards that encourages nor discourage that use of the subject property. Thank you for your consideration of these views on this issue. Sincerely, Tucker Gibbs, TG/mr President M V 41 1 i coconut 9(ove civic club po box 381 coconut grove florida 33133 G December, 1986 City Hall Pan American Drive Mi atiii . F1 3313 ti Clear 1-1a!4or and Corriniis _,ioner_,: The Coconut Grove CiVic Club would like you to favorably consider the nomination of John T. Green for meriibership on the City of Miami Planning Advisory Board. Mr. Green, a resident of Coconut Grove, is one of those rare citizen: --one who becomes involved in one issue and because of that concern becomes committed to improving his community through his involvrnent in other issues. Through this involvement he has become one of the Grove's acknowledged leaders on planning policy and regulation issues. Mr. Green is a true neighborhood "activist" in all the positive connotations of the w o rd. The City of Miami Comtriision would give effect to their new committment to an increased neighborhood voice in the formulation of planning policies, with the appointment to the Planning Advisory Board of such a person as Mr. Green. Thank; you for your consideration of Mr. Green and the segment of the c:ity's population that he represents. Sincerely, Tucker Gibbs President, Coconut Grove Civic Club dhg cc: C:itu Clerk P h,a* iVON coconut grove civic club po box 381 coconut grove florida 33133 6 December, 1966 City Hall Pan At'neric:an Drive 1,1ianii, F1 3 173 Dear Bayer and C i r'rir'rij ; ;i i �ner 77 The Cocr_111ut GrO e Ci';lc. Club +,+r uld life you to favorably consider the nomination of Steven Cooke -Yarborough for r'rler'nbership on the Laity of Miami Zoning Board. t'lr Cooke -Yarborough has the unique perspective of a trained civil engineer" as well as that of a citi2en-activist. While the Zoning Board may not be the place for "activism", it is the place for all segments of the City's population to be represented. Mr. Cooke -Yarborough would be a member who would not only give this position the complete attention it demands but also a positive, neighborhood oriented outlook that needs more consideration frorn the Zoning Board. Thank you for your consideration of Ilr. Cooke -Yarborough and the segment of Miami that he represents. C,ineerely, Tucker Gibbs President, Coconut Grove Civic Club dhg cc:: CAI t Ik--- 86--1011,;1 _.�..� �' _'' ��...�._ .. _ �, ,s�— -.._. --" ".,._a..�...::.��`.a..".-,._i '!W°'..•�:'Ts_ �3`.. tT,�311' `"'act A coconut grove civic club po box 381 coconut grove florida 33133 S Decernber, 1966 City Hall Pan American Drive Miarri1 F1. 3 ti 1.� Dear Mayor 5nd Gornrnis_ioner_.: The Coconut Grove Civic Club Urges your support for the Planning Departrnent's recorntriendations for changes in the Zoning regulations concerning "transitional use". These recommendations will help to promote the orderly growth of commercial areas while insuring the residential character of such areas adjacent to proposed developments. We appreciate your consideration of this matter. Sincerely, Tucker Gibbs President, Coconut Grove Civic Club dhg cc:: City Clerk g r cocoa ;(�..vecivic club _ ,c c po box 381. oconut grove florida 33133 `- December 9, 1986 Mayor and City Commissioners CITY OF MIAMI Pan American Drive Miami, Florida 33133 Dear Mayor and City Commissioners: The Coconut Grove Civic Club has some serious concerns with the proposed "Request for Unified Development Proposals for 2640 South Bayshore Drive", item 64 on the City Commission agenda for December 11, 1986. To help insure that experienced boat yard and marina operators be encouraged to submit applications under this proposed RFP, and that the subject property be utilized primarily as a full service boat yard and marine facility, the Coconut Grove Civic Club recommends that the City of Miami Commission change the draft RFP to: z: 1. Eliminate or modify the public access easement to assure the orderly operation of a boat yard that must have easy and ,.: constant access to the bay 2. Direct attention in the RFP to the necessity of having an experienced boat L r yard and marina operator, with a proven track record in such an occupation 1. Public Access vs. Full Service Marine Facility The draft RFP states that the objective of the ' development is "...a full service boat yard facility, marina and marine related retail use of publicly -owned property, while enhancing public access to the waterfront." RFP, pp.2 and 9. (emphasis added). This problem of providing "access to the waterfront" and at the same time providing a full service boat yard and marina ("boat hauling, storage, repair s.' and maintenance services for boats greater than 28 feet in length..." RFP, p. 10 (emphasis added)) forces the applicant into a serious dilemma. While furnishing these services to -� the marine community, the applicant must also provide a public access easement "...with improved walkways, lighting, : landscaping and seating... along the water's edge from north ....,"" , to south..." RFP, p .12 . 86-101"s RFP-2640 South Bayshore Drive Page -2- December 9, 1986 The physical and legal impossibility of operating a full service boat yard and marina for boats of over 28 feet in length while pedestrians walk through and across vital bay - access areas are clear. Yet this is what the draft RFP requires. Even though the document recognizes this problem it does little to encourage its resolution beyond agreeing to "consider architectural solutions", RFP, p.12. The public policy that encourages public access to the waterfront is one that is critical to the City of Miami. The Coconut Grove Civic Club has been consistent as well as persistent in its efforts to preserve such access. However, in one of the most open -to -the -public waterfront areas in the city, stretching from the Rockerman Canal to to Peacock Park, that this city -owned property is deemed critical for public enjoyment of the waterfront is puzzling. It is clear that a full service boat yard and marina is needed at this location, as this site holds the only such operation between the Miami River and the Florida Keys. It is less clear that public access is of such importance as to limit the effective operation of such a boat yard -marina, especially where easy access is available close by at David Kennedy Park, Monty's, Dinner Key and Peacock Park. Thus, the key grsestion remains: what is supposed to be the centerpiece of this project? Is it the boat yard and marina or the retail space, marina and public access? The draft RFP as written forces the applicant to focus on being either a quality, profitable boat yard and marina, or a quality, profitable, marina and "marine -related development." That the draft is vague as to this latter point ("...retail space may include, but not be limited to, such activities as..." RFP, p.11 (emphasis added)), gives the applicant a tantalizing choice, de-emphasize the boat yard and focus on a possibly aesthetically pleasing Coconut Grove version of Bayside. That choice is encouraged further by the draft's prohibition on the use of existing boat storage facilities for that purpose RFP, p.12. The ambiguity in the draft RFP discussed above, is ' seen through the conflict between the requirements under Section IV, A, 3(a) (RFP, p.10), and Section IV, A, 41 (RFP, p.12). This problem needs to be addressed and resolved to insure that applicants fully understand the primary xi importance of p maintaining a g full service boat yard and marina facility for boats of over 28 feet in length. VIN r . mp"� r 8f 191J RFP-2640 South Bayshore Drive Page -3- December 9, 1986 2. Experience in Operating a Boat Yard and Marina Facility The seeming de -emphasis of the boat yard component is seen in Section V (Evalution Criteria, RFP, p.16). The applicant's "experience" is given only 15% emphasis in the evaluation formula. Of that amount, only one half concerns "[s)pecific experience of the proposer in development and management of the types of uses proposed." (RFP, p.17). It is very possible that an applicant with little or no marine or boat yard experience can be awarded a development contract under this RFP. This is more frightening, given the necessary emphasis placed on financial guarantees in the evaluation criteria, and the relative lack of emphasis on expertise in operating a full service boat yard and marina facility. Evaluation criteria should spell out the specific requirements of expertise needed by the operator of this proposed development. Such requirements should include evidence of a proven track record as such an operator. Thus the City would be able to better evaluate the capacity of the applicant to meet the financial goals so important to the project's success. The Coconut Grove Civic Club urges you to change the RFP in these two areas to insure that 1) a full service boat yard and marina facility will exist on the site and that (2) an experienced boat yard and marina operator can respond to a clearly written RFP with straightforward standards that encourages nor discourage that use of the subject property. Thank you for your consideration of these views on this issue. Sincerely, Tucker Gibbs, TG/mr c� C&4k President 8E-1U-1-;. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission. / 1 FROM, Cesar H. Odio City Manager RECOMMENDATION: DATE: l `' 51©IM& FILE: MST460.0 1 SUBJECT: Resolution. Authorizing Issuance of UDP RFP for the 2640 South Bayshore Drive Property REFERENCES- For City Commission. Meeting of December 11, 1986, 11:15 a.m. ENCLOSURES: Public Hearing Item It is respectfully recommended that the City Commissior adopt the attached Resolution, authorizing the issuance of a Unified Development Project Request for Proposals (RFP) for the planning and design., construction, leasing and management of 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 for the development of a full - service boat yard facility, marina and ancillary retail use; selecting a certified public accounting firm and appointing members to a review committee to evaluate proposals and report findings to the City Manager as required by City Charter Section. 53(c). BACKGROUND: The Department of Development has prepared a Draft RFP for the 2640 South Bayshore Drive property Unified Development Project. On October 7, 1986, the City Commissior. adopted Resolution. No. 86-808, declaring that the most advantageous method for development of the property located at 2640 South Bayshore Drive that includes the area commonly referred to as the Merrill Stevens Dry Dock leased property is by a Unified Development Project. Resolution No. 86-808 further authorized the City Manager to prepare a Draft RFP. Section. 5 3 ( c ) of the City Charter requires that the City Commission hold a Public Hearing to consider the contents of the Request for Proposals and at its conclusion, authorize its issuance. In addition., the City Commission authorizes the selection of a certified public accounting firm and the appointment of members to a review committee, as recommended by the City Manager, to evaluate submissions. The City solicited proposals from certified public accounting firms to provide analysis of Unified Development proposal submissions. Six proposals were received from the following firms, listed alphabetically: 86710 V Honorable Mayor and Members of the City Commission. Page Two 1. Arthur Andersen & Co. with Sharpton., Brunson & Co. and Verdeja, Irion.do, Gravier & Co. 2. Barry I. Hechtmar. 3. Limas & Rios, P.A. 4. Peat, Marwick, Mitchell & Co. with Sharpton., Brunson. & Co. and Grau & Co. 5. Kathleen. N. Reyes 6. Touche Ross & Co. with W.B. Koon. & Co. It is recommended that the certified public accounting firm of Arthur Andersen. & Co. subcontracting 45% of the professional services contract amount to the minority firms of Sharpton., Brunson. & Co. and Verdeja, Iriondo, Gravier & Co., on an equal basis, be selected to analyze proposal submissions. The following individuals are recommended to be appointed by the City Commission as members of a review committee to evaluate proposal submissions: Members of the Public Bill Hicks, Esq., Committee Chairman., Colson., Hicks & Eidson. Attorneys Don Anguish, CPA, Past —Commodore of Coral Reef Yacht Club Richard Briggs, Executive Director, The Marine Council Henry Givers, Chairman., The Waterfront Board Raul Rodriguez, Architect, Rodriguez, Khuly, Quiroga Architects City Employees John Blaisdell, Executive Assistant, City Manager's Office Editha M. Fuentes, Director, Building & Zoning Department Juan. Miguel Portuon.do, Administrator, General Services Administration Sergio Rodriguez, Director, Planning Department It is recommended that at the conclusion of the Public Hearing, the attached Resolution be adopted authorizing the issuance of said Unified Development RFP for the 2640 South Bayshore Drive property, in a form acceptable to the City Attorney, (summarized in the Executive Summary attached), for a full service boat yard 86P-1O '7 1) 114 Honorable Mayor and Members of the City Commission. Page Three facility, marina, and ancillary marine -related retail use, selecting a certified public accounting firm to analyze proposals and appointing members to a review committee to evaluate proposals. This item has been, duly advertised as a Public Hearing for 11. 15 a.m. on December I1, 1986. Attachments: Proposed Resolution. Executive Summary of Draft RFP Draft RFP 86V--101'7 GROVE KEY MARINA INC. 3365 PAN AMERICAN DRIVE, DINNER KEY, MIAMI, FLORIDA 33133 OFFICE: (305) 858.6527 DOCKMASTER: (305) 854.9389 CABLE: OCEANET December 4, 1986 Mr. Cesar H. Odio City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Odio: This is to advise you that Grove Key Marina does not plan to be a bidder on the "Merrill -Stevens" property if the November 25th Draft Bid Specifications are approved without change by the City Commission. The objections that we have to the present draft specifications are, we believe, the same that any other qualified bidder will have. In the spirit of making positive suggestions that will enable us -- or anyone else -- to bid on the property, attached are the few changes that we feel are essential. These changes will result in a much better response from potential bidders, which is particularly crucial in light of the three bid minimum now required for the leasing of City waterfront property. In addition, the City will receive a greater range of options, because these changes will enable the creative expertise of private industry to suggest the solutions to the land use restrictions. I plan to attend the December llth Public Hearing and would like to speak on this matter at that time. CC: Mayor Xavier L. Suarez Vice Mayor J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Department of Development erely yours, Spen r B. Mere ith President SEP-1017 UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS 2640 South Bayshore Drive Public Hearing, December 11, 1986 Recommended Changes in Bid Specifications I. Existing Facilities Present Specifications: prohibits dry storage in existing hangers; limits dry storage to 200 boats if hangers are removed. Recommendation: whether renovated, removed, or replaced, how the existing facilities are utilized should be left to each bidder -- the City will received more creative solutions and can then evaluate the various recommendations. Reason: The present height of the larger hanger and the height limit of a new building is the same (55'), but flood control (10') would require a new building to be about 4' over existing grade. It is not economic to construct a new building of approximately the same size and height with a 4' elevation over grade, to use for the same purpose as an existing building. Partial utilization/ reconstruction of existing buildings should be an option. There should be no limit on the number of boats stored in buildings or outside -- that should be part of the bidder's proposal. II. Lease Term Present Specifications: 7 years plus 3 negotiated (what additional terms will be requested by the City?) for $1,500,000 is not financeable, and the additional 3 years for $500,000 each, for a total of $4,000,000 is not realistic, The debt service is too large for the type of uses permitted (primarily a full service marina/boat yard). Recommendation: Bidders should have option for either 2012 (to match Grove Key Marina lease term) or 2035 (to match Monty Trainor lease term). The amount of investment should be determined by each bidder, including what improvements to make and their construction cost, since bidder has responsibility to obtain financing. The City can then evaluate permanent improvements to property plus rent income for total value of economic return to City. Reason: Land use, architecture, construction and financing should be proposed by private industry and evaluated by City. The present specifications imply a development package already designed be the City, one which we believe is not financially realistic. Each qualified bidder should recommend the best utilization of the site (within the land use paramaters now set by the City), to be evaluated by the City. Also, permanent improvements (eg, 1000' seawall) have a useful life greater than 25 years and should be evaluated accordingly. Page 1 of 2 S0E- 0 V r III. 2% Property Maintenance Override Present Specifications: In addition to rent to the City, bidder must pay an additional 2% of gross to maintain public areas outside lease boundaries. Recommendation: eliminate this requirement from specifications Reason: The bidder calculates rent to the City on the basis of minimum annual guarantee ( a downside fixed expense) versus a percentage of gross (an upside open-ended expense), using industry parameters for the specific operations as a guide, and offers the highest percentage possible on the bid. If 2% is required as an override, the bid percentage will simply be reduced by 2% to cover it. For the City, since the 2% is a varying amount, there is no guarantee that this is the correct amount to maintain the public property, ie. it may be too much or too little, depending on what the City needs to have done. Isn't is better for the City to get the most income and then for the City to decide how much of that income should be allocated, at the time for the maintenance of public property? Page 2 of 2 SG --ion.% EXECUTIVE SUMMARY UNIFIED DEVELOPMENT REQUEST FOR 2640 SOUTH BAYSHORE MIAMI, FLORIDA Summa ry FOR PROPOSALS DRIVE 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. 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. The City is offering an additional 1.69 acres of bay bottom as an option for expansion of the existing marina facilities. Proposals shall include planning and design, financing and c.on.struction 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. Development Objective The Unified Development program for the waterfront property offered for lease recognizes the need for preserving full -service marine facilities within the Dinner Key area on Biscayne Bay. The Request for Proposals document seeks a full -service boat yard facility, marina, and marine -related retail use of publicly -owned property, while enhancing public access to 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. 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 8E*-i017 ar,d 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. Proposal Submission. Requirements Allowable commercial uses of the property include a full -service boat yard facility, marina, and ancillary marine -related retail space. The Request for Proposals defines a full -service boat yard facility as a facility offering boat hauling, storage, repair and maintenance services for boats greater than 28 feet in length. 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. Maximum boat size and weight are not limited by the RFP, but will be affected by local water depths. The boat yard 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 City will consider proposals that include refurbishing of the existing hangar structures; however, dry boat storage will be prohibited in existing hangars. The City is offering proposers the option., as an incentive for removal of the existing structures, the opportunity for incorporating a maximum of 200 dry boat storage spaces within new construction.. Construction of new structures will be limited to an overall height of 55 feet above grade including flood criteria. All new structures shall recognize the view corridor and public access requirements as set forth in the City Charter. Proposers are required to renovate and upgrade the existing marina facilities including seawall repair and replacement. The marina shall be operated and maintained to the standards of a first-class marina facility for wet slip storage, launching and hauling boats 28 feet and greater in. length. 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. Proposals may include a maximum of 20,000 sq.ft. of retail space to provide marine -related retail services including food and beverage sales. Commercial use of the space is to be understood to be complimentary to the operation of a 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 2 Sf P-i0 IL7 electronics shop, yacht brokerage, boat dealers, fishing supplies, sail maker, charter services, marine apparel, and food and beverage sales. 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 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. The City recognizes the necessity to separate public access and boat hauling functions and will consider architectural solutions to such separations. 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 proposals must be in compliance with City of Miami Minority and Women. Business Affairs and Procurement Ordinance No. 10062. Unified Development Schedule (Anticipated) Issuance of Request for Proposals December 17, 1986 Proposal Pre —Submission. Conference January 6, 1987 Proposal Submission. Deadline March 20, 1987 Acquisition. of Appraisals April 20, 1987 CPA Firm Evaluation April 20, 1987 Review Committee Meeting May 1, 1987 Review Committee Interviews with Qualified Proposers May 8, 1987 Recommendation from the Review Committee and CPA Firm to the City Manager June 10, 1987 Recommendation from the City Manager to the City Commission. for Selection of a Proposer July 9, 1987 3 8EF-10V r Begin. Contract Negotiations with Successful Proposer City Commission. Approval of Negotiated Contract and Possession of the Leasehold Property Review Committee Evaluation. Criteria July, 1987 October, 1987 The following specific evaluation criteria matrix shall be used by the review committee: Experience of the proposer...................15% Capability of the development team .... ....... 15% Financial capability, level of financial commitment.* ...... ... ***20% Financial return to the City.................20y Overall project design.......................20 Extent of minority participation..............10% CPA Firm Evaluation. Criteria 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 rage 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. Lease Provisions A lease term 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 re new 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. 4 SGP-1017 i.e.: $ Investment Lease Term A minimum of $1.5 million 7 years plus one 3 year option to renew A minimum of $2 million. 10 years plus one 3 year option to renew A minimum of $2.5 million. 13 years plus one 3 year option to renew (etc.) In, no case will the lease term exceed the year 2012. - A minimum annual guaranteed rent or percentage of gross revenues, whichever is greater. - A demolition, bond provision, to restore the site to an undeveloped condition, if the City desires, at the end of lease period. - A 2% of rental revenues lease override to fund a public area maintenance program (in addition to the negotiated rental payments) 5 SGF-10V DRAFT �RpF'f REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS FOR 2640 SOUTH BAYSHORE DRIVE MIAMI, FLORIDA TO BE ISSUED: DECEMBER 17, 1986 CITY OF MIAMI Xavier L. Suarez, Mayor Miller J. Dawkins, Vice Mayor Joe .Carollo, Commissioner Rosario Kennedy, Commissioner J.L. Plummer, Jr., Commissioner Cesar H. Odio, City Manager Prepared by: Department of Development 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 Tel. (305) 372-4590 Proposals Due: 2:00 p.m. Friday, March 20, 1987 80E-- 017 V TABLE OF CONTENTS Page I. PUBLIC NOTICE ........................................ 1 11. OVERVIEW A . S u m m a r y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Figure 1. Regional Location Map...* ........ 3 Figure 2. Area Locatior. Map .................. 4 B. Developer Objective ............................. 2 C. Site Description...... ..... 2 Figure 3. Project Locatior. Map ............... 5 D. Existing Facilities Description....*.*********.* 6 E. Commitment of Funds***..*.* ..... e ......... 7 F. Unified Development Schedule .................... 7 III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS A. City of Miami Charter Section. (53c)............. 8 B. Definitions of Uses............................. 11 C. Commitment of Services by the City .............. 11 IV. PROPOSAL SUBMISSION GUIDELINES, FORMAT, - AND PROCEDURES A. Proposal Development Considerations............. 12 B. Proposal Format ................................. 17 C. Proposal Submission Procedures .................. 19 V. EVALUATION CRITERIA A. Review Committee Evaluation Criteria............ 20 B. CPA Firm Evaluation Criteria .................... 22 VI. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT ............................... 22 VII. DECLARATION ........................................•.. 28 VIII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION ............................. 29 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. b Proposed Expansion. Area Plan. (Note: Exhibits not included in this Draft) 86P 1017 r 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. 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. Proposals must be delivered to Matty Hirai, City Clerk, City Hall, 3500 Pan American. Drive, Miami, Florida 33133 by 2:00 p.m., Friday, March 20, 1987, 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. Adv. # 1 Cesar H. Odio City Manager 8EP-10 V TI. 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 1. 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 the waterfront property offered for lease recognizes the need for preserving full -service marine facilities within the Dinner Key area on Biscayne Bay. This Request for Proposals document seeks a full -service boat yard facility, marina, and marine -related retail use of publicly -owned property, while enhancing public access to 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 showy. in. Figure 3. Project Location. Map. The property is bounded generally on the east 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). 2 86"Aft? 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V "AINtIN OR S w 116 )1 ltetl re 71 TO HOMESTEAD AND KEY WEST I111 t i I ` Q a M•SCIN NAMMOCR o I•/K CAP! 01O1106 Staff PAIR Figure 1. Regional Location Map 3 SG -1017 Ln I CORAL REEF YACHT CLUB �-MONTY TRAINERS 2640 SOUTH BAYSHO DRIVE PROPERTY `GROVE KEY MARINA CITY OF MIAMI CITY HALL DINNER KEY MARINA Figure 3. Project Location Map 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 Restaurant and Marina is located 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 successful proposer shall be responsible for obtaining a Major Use Special Permit from the City of Miami 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 2. Facilities include two steel frame and panel hangers built by Pan American. Airways when it selected Dinner Key as the amphibious aircraft base for its Interamerican Operations. Hanger "C" includes 38,451 sq.ft. Dimensions are 211.5' in width, 181.8' in length and 54' in height. The smaller hanger, Hanger "D," includes 18,562 sq.ft. Dimensions are 102,10' in width, 181.8" in length, and 37' in height. The interior of Hanger "D" has been altered to provide office space. Hanger "C" is currently used primarily to provide large boat dry storage. An upper loft level has been added to Hanger "C" for additional office space. Other facilities or. the property include a one-story, 250 sq.ft. machine shop and miscellaneous small structures. 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 on Friday's, beginning January 2, 1987, 'YX appointment only. Contact Alberto Armada, City of Miami Property and Lease Manager, at telephone (305) 579-6318 for an. appointment. 6 86 P-10 1 I ri a! 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 or a percentage of gross revenues generated, whichever is greater. 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 anal 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 includ-ing repair and replacement of the seawall. In addition to the negotiated lease payments to the City, the successful proposer is required to provide a 2% of rental revenues lease override to fund a public area maintenance program. The successful proposer shall provide funding to reimburse the City for costs incurred in evaluating all proposal submissions, including the professional services cost of a certified public accounting firm selected by the City Commission.. F. Unified Development Schedule (Anticipated) Issuance of Request for Proposals December 17, 1986 Proposal Pre —Submission Conference January 6, 1987 Proposal Submission. Deadline March 20, 1987 Acquisition. of Appraisals April 20, 1987 CPA Firm Evaluation April 20, 1987 Review Committee Meeting May 1, 1987 Review Committee Interviews with Qualified Proposers May 8, 1987 7 SE!" lO V NNOWWWWWW Recommendation from the Review Committee and CPA Firm to the City Manager Recommendation from the City Manager to the City Commission. for Selection of a Proposer Begin Contract Negotiations with Successful Proposer City Commission. Approval of Negotiated Contract and Possession of the Leasehold Property III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS June 10, 1987 July 9, 1987 July, 1987 October, 1987 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 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 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. 8 S6m-1V V 0 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 lard 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. (vi) A reservation of the right to reject all proposals and of the right of termination referred to in sub— section. (e)(iv), below. 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. 9 86P-1017 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 only or. 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. (ii) The review committee shall evaluate each proposal based only or. 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. (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 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. 10 136"A ? 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. Execution of Contracts All contracts f-or 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. B. Definition. of Uses Proposals must present a definitive development program, 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 City 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. 11 86F-1Q 17 As required by Item (e)(iv) of Charter Section. 53(c) "substantial increase" shall be defined as a 10% increase to the City's proposed commitment of funds, property and/or services and "material alteration.: shall be defined as failure to comply with all aspects of the proposal except as specifically permitted in writing by the City Manager. 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. 1. Development 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. 12 86P" 10V ir lY i.e.: $ Investment A minimum of $1.5 millior. A minimum of $2 millior. A minimum of $2.5 millior. 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. 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 RFP, 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, minor hull repairs, and minor engine repairs. The boat yard facility must include showers and restrooms for users. *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. 13 86 --10V Minor hull repairs, painting, scraping and minor engine repairs must be conducted in full compliance with all applicable City, County, State and Federal regulations governing noise, odor and air pollution controls. No major hull services or major overhaul services of engines out -of -hull may be conducted on the site. A maximum of 200 dry boat storage spaces may be incorporated in new construction, only, refer to Section. IV.A.4. below. (b) Marina Proposers are required to renovate and upgrade the existing marina facilities including repair and replacement of the 1,091.5' linear foot seawall. The marina shall be operated and maintained to the standards of a first-class marina facility for wet slip storage, launching and hauling boats 28 feet and greater in length. 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 first -aid per City of Miami Fire Code. (c) Ancillary Marine -Belated Retail Space Proposals may include a maximum of 20,000 sq.ft. of retail space to provide marine -related retail services including food and beverage sales. Commercial use of space is to be understood to be complimentary to the operation of a 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. 14 a6F-i0l? 4. 5. Treatment of Existing Hanger Facilities The City will consider proposals that include refurbishing of the existing hanger structures; however, dry boat storage shall be prohibited in existing hangers. The City is offering proposers the option, as an incentive for removal of the existing structures, the opportunity for incorporating a maximum of 200 dry boat storage spaces within new construction. Construction of n.e;; acceptable and wi] selection process. shall be limited to criteria. All new corridor and public the City Charter. Site Improvements structures must be architecturally 1 be 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 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 public property for public open space and provide visual and physical connection to Miami's waterfront. The easement sha11 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 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 code requirements. Proposers will be responsible for acquiring all required permits and approvals. 15 8VF-10V 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 fin.an.cin.g 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 commerce 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 a factor in the evaluation of proposals. All proposed development must be bonded to.insure completion within the specified time period. 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 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). 16 8E*- 0 V a 11. Minorities development construction significant well as all development. re expected to be an integral part of the team, participate substantially in contract and jobs, and comprise a part of the permanent management team, as businesses and work force created by the 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. 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. 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 17 8EP-1Q "i (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 (d) Project Management Plan (e) Project Development and Operating Pro Formas including Proposed Lease Payments (f) Project Implementation Schedule 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 Terms and .Conditions as detailed in. Section VI. of this document. (c) The dollar amounts for minimum annual guaranteed rental payments to the City or 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. 16 86P-1417 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 Proposals are to be received at: Office of the City Clerk City of Miami 3500 Pan American Drive Miami, Florida 33133 Twenty-(20) copies of bound proposals and one set of board - mounted illustrations are required to be submitted by 2:00 P.M., Friday, March 20, 1987, to the Office of the City Clerk. Sections VII. and VIII. include 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 P.M., March 20, 1987, or at any other City office location except the Office of the City Clerk. A nor. -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. 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 December 11, 1986, the City Commission authorized the City Manager to issue this Request for Proposals and at that same hearing 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. 19 86"_10 V The review committee established by the City Commission at the public hearing will render a written report of its evaluation of proposals to the City Manager. The review committee shall evaluate each proposal based on the criteria established herein.. The committee has the authority to recommend none of the bids if it deems them not to be in the best interest of the City of Miami. However, the committee shall have to explain its reasons for such a decision. A. Review Committee Evaluation. Criteria The following specific evaluation criteria matrix shall be used by the review committee: Experience of the proposer ...................•....15% Capability of the development team....•.•.•.•.....15% Financial capability, level of financial commitment...... r • • • • • • • • • • • • • • • • • • • 2 0 Financial return to the City ............ •.•....... 20% Overall project design.......................•....•20y Extent of minority participatior ...................lOX 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 (b) Specific experience 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 20 86r-1017 3. Financial Capability, Level of Financial Commitment (20%) (a) Demonstrated financial capability of the development team (b) Financing strategy (c) Access to construction and permanent financing (d) Development schedule 4. Financial Return to the City (20%) (a) Annual lease payment including a guaranteed minimum annual rental payment 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, sigrage, and lighting. (d) Efficiency of site design and organization., compatibility of uses 6. Extent of Minority Pariticipation (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 21 SEP-10V B. CPA Firm Evaluation Criteria 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. VI. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT Upon authorization of the City Commission., the City Manager or his designee shall negotiate all aspects 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 rental payment or a percentage of gross revenues, whichever is greater. A "2% override of lease payments" to fund a public area maintenance program. Payment schedules Right to audit No counterclaim or abatement Subordination of rents 3. Insurance Types of insurance to be carried by the lessee: (TBD) 22 8&10 V r Certificates of Insurance: Evidence of compliance with the insurance requirements shall be filed with the Risk Management Divisior, 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 r.ot relieve the successful proposer of its liability and obligations under this section, or under any other portion of the Management Agreement. Nor. —cancellation. clause: The policy or policies of insurance required shall be written in a manner such that the policy or policies may not be canceled or materially charged 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 Nor. —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 furnish the City with a performance and payment bond in an amount to be specified to insure that the Lessee will promptly make payment to all claimants supplying labor, materials, or supplies used directly or indirectly in the prosecution of the work provided for in the lease agreement, and to pay the City all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that the City sustains because of a default by the Lessee under the Lease Agreement. 5. Demolition Bond Provision to restore the site to an undeveloped condition, if the City desires, at the end of the lease term. 23 86P_iO .7 6. 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 occupancy thereof, acts or omissions to act, from the acts or omissions to act of the City, and from and against any orders, judgments or decrees which may be entered thereon., and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation. thereof. 7. Assignment of Lease No assignment of lease agreement or any portion or part thereof, except by and virtue of action taken by the City Commission.. 8. Restrictions or. Use Authorized uses 9. 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 Commerce Construction. Commencement and Completion of Construction. Improvements Progress Reports Payment of Contractors and Supplies Cancellation or Discharge of Liens Filed Construction Coordination and Cooperation. 10. Preparation of Premises for Development Property offered for lease "as is" Developer assurance 11. Operation and Management of Leased Premises Description of premises Operation and maintenance standards 24 86P-1Q 1'7 12. Equity Capital and Mortgage Financing Sufficient Funds to Construct Improvements Notification. of Securing Sufficient Funds Lessee to Furnish Name and Address of Mortgagee Lessee to Notify City of Other Encumbrances Rights and Duties of Mortgagee 13. Public Charges/Fees/Taxes Covenant for Payment of Public Charges Evidence of Payment of Public Charges Utilities: The successful proposer shall pay for all utilities consumed on the premises as well as connection. and installation charges thereof Property Taxes: The successful proposer shall pay all taxes or. all improvements 14. Maintenance, Repair and Replacement Maintenance and Repair Reserve for Replacements Waste Alterations of Improvements 15. Condemnation. Adjustment of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 16. Default — Termination. Default by Lessee Default by City Obligations, Rights and Remedies Cumulative Nor. —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 25 86mA01.7 17. Examination. of Premises The successful proposer agrees to permit the City Manager or his designee to enter the premises at any time for any purpose the City deems necessary to, incidental to or connected with the performance of the successful proposer's duties and obligations hereunder or in the exercise of its rights or functions. 18. Audit Rights The City reserves the right to audit the records of the successful proposer with respect to the management agreement at any time upon reasonable notice during the performance of the agreement. 19. Award of Agreement The successful proposer warrants that it has rot employed or retained any person employed by the City to solicit or secure the lease agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of making the lease agreement. 20. Conflict of Interest The successful proposer is aware of the conflict of interest laws of the City of Miami, Dade County, Florida, and the Florida Statute, and agrees that it will fully comply in all respects with the terms of said laws. Any such interests on the part of the successful proposer or its employees must be disclosed in writing to the City. The successful proposer, in the performance of the lease agreement, shall be subject to the more restrictive law anal/or guidelines regarding conflict of interest promulgated by federal, state or local government. 21. Non —Discrimination. The successful proposer agrees that there will be ro discrimination against any person or. account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap in the use of the demised premises and the improvements thereon.. 22. Rules and Regulations The successful proposer agrees that it will abide by any and all rules and regulations pertaining to the use of the premises which are not in effect, or which may at any time during the term of the management agreement be promulgated. 26 23. Compliance with Federal, State and Local Laws The successful proposer shall comply with all applicable laws, ordinances and codes of federal, state anal local governments. 24. Minority Procurement Compliance The successful proposer acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority and Women. Business Affairs Procurement Program ordinance of the City of Miami, (Appendix " ") and agrees to comply with all applicable substantive and procedural provisions therein., including any amendments thereto. 25. Miscellaneous 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 - Nor. -Disturbance and At torr.ment Agreements Memorandum of Lease Reasonableness Arbitration Good Faith Binder Correction or Modification. of Descriptions 27 sf *-1017 VII. DECLARATION Cesar H. Odio City Manager City of Miami, Florida Submitted , 1987 The undersigned, as proposer, declares that the only persons interested in this proposal are named herein., that no other person has any interest in this proposal or in the agreement of lease to which the proposal pertains, that this proposal is made without connection nor arrangement with any other person and that this proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares that he has complied in every respect with all of the 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 upor. the proposal documents and addenda, if any. Signature (Title) 28 Name of Firm, Individual, or Corporation Signature (Title) 136"-017 VIII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER-S QUESTIONNAIRE A proposal for the Unified Ddevelopmen.t that includes planning and design construction, leasing and management of the property shall not be considered 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 in.vesti.gation it deems appropriate 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 anal/or operational manager is to be involved, then the applicable pages of this questionnaire should be completed for each such entity. 29 8GP-1417 PROPOSER Name: Address for purposes of notice of other communication relating to the proposal: Telephone No. ( ) The proposer is a: ( ) Sole proprietorship; ( ) Partnership; ( ) Corporation; or ( ) Other (explain below) 8E!-10 17 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: 1. Date of Organization. 2. General Partnership ( ) Limited Partnership ( ) 3. Statement of Partnership recorded Yes ( ) No ( ) Date Book Page County State 4. Has the partnership done business in the State of Florida? Yes ( ) No ( ) When? Where? 5. Name, address, and partnership share of each general and limited partner. (If partnership is a corporation complete the following page for corporation.. ) General/ Limited Name Address Share 6. Attach a complete copy of the Partnership Agreement. s&-1017 0 CORPORATION STATEMENT If proposer is incorporated, answer the following: 1. When incorporated? 2. Where incorporated? 3. Is the corporation authorized to do business in Florida? Yes ( ) No ( ) 4. The corporation is held: Publicly ( ) Privately ( ) 5. If publicly held, how and where is the stock traded? 6. List the following: Authorized Issued Outstanding (a)Number of voting shares: (b)Number of non. —voting shares: _ (c)Number of shareholders: (d)Value per share of Common. Stock: Par $ Book $ Market $ 1 } 1. Furnish the came, 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 j 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 ir. 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 or. said pages for identification purposes), furnish financial statement required on page for the individual or corporate guarantor. SGF-1017 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 a:.y 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, owner —corporation. proposer , 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 balance sheet •anal 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 bankruptcy? 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. SGF -1017 PROPOSER'S REFERENCES List four 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 association, etc.: Reference No. 2 Name: Firm: Ti tle: Address: Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: SGP-so V 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.: 86710 7 PROPOSER'S ARCHITECT/ENGINEER Name: Street Address: Mailing Address: Telephore: ( ) Names of principals and their titles who will be chiefly responsible for the design and engineering of the project: Name PROPOSER-S ARCHITECT/ENGINEER Name: Street Address: Mailing Address: Title Telephone:( ) Names of principals and their titles who will be chiefly responsible for design and engineering of the project. Name Name Na me Title Title Title Names, addresses, and telephone number of other consultants who will have a major role in the project. 86P-1V 1,7 c Name of Firm Street Address Code Mailing Address Zip Code Telephone Number Name of Principal Contact 86�1V IL7 EXPERIENCE STATEMENT OF PROPOSER'S ARCHITECT/ENGINEER 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 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 business association: Reference No. 2 Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of business association: 86-10V PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Name, address and telephone number of contractor or construction manager: 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 Names, addresses, and telephone number of other consultants who will have a major role in the project. Name of Firm Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact Name of Firm Street Address Mailing Address Zip Code C ) Telephone Number Name of Principal Contact 0 6� EXPERIENCE STATEMENT OF PROPOSER'S CONSTRUCTION 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 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. 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.. 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. 86PAOIL7 REFERENCES OF PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER List two persons or firms with whom you have completed projects during the past three years. Reference No. 1 Name: Fi. rm: Title: Address: Telephone: ( ) Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of business association: PROPOSER'S MANAGEMENT CONTRACTOR 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 Title Title Name Title Names, addresses, and telephone number of other consultants who will have a major role in the project. Name of Firm Street Address Mailing Address Zip Code c ) Telephone Number Name of Principal Contact Name of Firm Street Address Mailing Address Zip Code c ) Telephone Number Name of Principal Contact v6P-IQ IL7 OW EXPERIENCE STATEMENT OF PROPOSER'S MANAGEMENT CONTRACTOR 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 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. FINANCIAL DATA FOR PROPOSER'S MANAGEMENT CONTRACTOR 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.. 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. 8GR-1017 REFERENCES OF PROPOSER'S MANAGEMENT CONTRACTOR 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 purchase, sale, loan, business association, etc.: Reference No. 2 Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: $6710 A04"r J-86-670 7/24/86 RESOLUTION NO. 8E"6561 A RESOLUTION APPROVING, SETTING FORTH AHD SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SUBSECTION (d) OF SECTION 29 OF THE CHARTER OF THE CITY OF b1AMI, KNOWN AS CHARTER AMENDMENT NO. 1, THEREBY PROHIBITING TEE CITY COMMISSION'S FAVORABLE CONSIDERATION OF SALE OR LEASE OF CITY- OW'NED REAL PROPERTY AT LESS THAN FAIR NAREET 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 TEE CITY COMMISSION, AN ADVERTISEMENT SOLICITING PROPOSALS FOR 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 HEADLINE IN THE ADVERTISEMENT TO BE IN A TYPE NO SMALLER THAN 18 POINT AND (b) THERE SHALL HAVE BEEN AT LEAST 0 WRITTEN PROPOSALS RECEIVED FROM PROSPECTIVE PURCHASERS OR LESSEES; HOWEVER, IF THERE ARE LESS THAN S SUCH PROPOSALS RECEIVED AND TEE CITY COMMISSION DETERMINES THAT THE CONTEMPLATED SALE OR LEASE WILL BE IN TEE CITY'S BEST INTEREST, THEN, SUBJECT TO TEE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM, THE SALE OR LEASE MAY BE CONSMO ATED; 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 TIE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING TEAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA. NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL NUNICIPAL ELECTION. APPENDIX A WHEREAS, pursuant to Resolution No. 86-525, adopted June 26. 1986. the City Attorney has drafted n proposed charter amendment; and C=Y CO20-M--';SSIO MEETING OF JUL 94 19?0 .tn�.urro+ r•. f 8671017 WHEREAS. the City Attorney's draft of the proposed charter amendment is hereby approved in its final form as set forth in this resolution, said draft being submitted to the electors of the City this date by means of the herein resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a special municipal election on November 4. 19BS. as called for and provided herein, and shall become effective upon its approval by the electors; NOW. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. Section 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 in this 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 of Florida, 1925. as amended. is hereby amended by adding language In the title of said Subsection, by renumbering the existing 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* Pre tb+tion. W 71coept as otherwise provided in this charter section. there shall be no sale, conveyyance, or disposition of any interest. including any leaseboid, 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 for said real property or interest. Any such sale, conveyance, or disposition shall be Conditioned upon Compliance vith: the provisions of this section; such procurement methods as may 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. -2- NE'-6ii: 86P_1V 1 I and any restrictions that may be imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right. title. or interest shall vest in the transferee of such property unless the sale. conveyance, or disposition is made to the highest responsible bidder. as is determined by the city commission, or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of directors, as appropriate. may by resolution waive the requirement of sale, conveyance, or disposition to the highest responsible bidder by means of the following procedure: the City manager, the director of the off-street parking authority, or the director of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two- thirds of the commission after a properly advertised public hearing. When the requirement of sale. conveyance, or disposition to the highest responsible bidder is waived. other procurement methods as may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. b. The charter amendment proposed in this section shall be known as Charter Amendment No. 1. Section 3. A special municipal election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 4, 1986. for the -3- S(; -G ie: t S6P-1.41.97 0 0 1 purpose of submitting the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment Ito. 1. section 4. Said special municipal election shall be 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 Exhibit xo. 1. or as may be designated by the Supervisor of 8leotioas of Metropolitan Dade County, Florida, in conformity with the provisions of the general laws of the State. The Preoinot Election Clerks and inspectors to serve at said polling places on said election date shall be those designated by the Supervisor of Eleotion.s of Dade County for such purpose in accordance with the general laws of the state. A description of the registration books and records which pertain to election precincts wholly or partly within the City and which the City is hereby adopting and desires to use for holding such special municipal election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Dade County, Florida, in conformity 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 with 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 onoe in the third week prior to the week in which the aforesaid Special municipal election is to be held. in the following newspapers of general circulation published in the City of Miami. Florida. at least twice, one la the fifth week and once in the third week, which notice shall be substantially in the following form: -4- f`3� i "fi i i. 89-1017 i • 6. •irr'�.'•T; •NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4. 1988 IN THE CITY OF MIAMI. FLORIDA PURSUANT TO RESOLUTION NO. 86- A special referendum election will be held on Tuesday. November 4. 1986, from 7:00 A.M. until 7:00 P.M. in the City of Miami. 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: 'Shall Charter Amendment No. 1 be adopted to require approval of a majority of votes cast by the electorate at a referendum before the Bale or lease of city land at less than fair market value unless the City has received not less than 3 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 City Commission's favorable consideration of the 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 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 allowing not less than 90 days for the City's receipt of 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.)" -S- 86; 656 SEP-017 Section 6. The official ballot to be used at said election shall be in full compliance with the lave of the State of Florida vith respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System (CES), and shall be in substantially the folloving form. to vit: OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 4. 1986. FOR APPROVAL OR DISAPPROVAL OF TEE FOLLOWING QUESTION: CHARTER AMENDMENT REQUIRING REFERENDUM FOR DISPOSITION OF CITY LAND IF LESS THAN THREE PROPOSALS RECEIVED 'Shall 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 _; the City has received three written ' proposals for such sale or lease tt0 after a newspaper advertisement soliciting proposals bag been - published allowing not less than 90 days for the City's receipt of :.. proposals? section T. Electors desiring to vote for the amendment, in '.r.-.. 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 punoh straight down with the stylus through the hole next to ;,'► the word '!0' within the ballot frame containing the statement relating to said Question. •• .. - -e- bG-6 ic: .,;, :.,,�.'.•�•�,p�..` `,' ., ram. , �:�;:.�•s;•.:� � . .. .._'fir.. •, �..; •Lr 4�: section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absent electors entitled to cast such ballots in said election. Section 9. All qualified electors of said City 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 expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said municipal election to be held on November i. 1986. and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the code of the City of Miami. Florida, or who have transferred their legal resident from one voting precinct to another in the City. they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Metropolitan Dade County Election Department located at III Northwest 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 in 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. Section 11. MATTY EIRAI, the City Clerk of the City of 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 transaetioms -7- EfEi-fi 8& -i0V 10 4 'tip.,.. �;�'+# •3 -ti . ��'-r�Yii'1-•-:'t:. rid`;{w{,.'C.i 1 3xA :a vith the Supervisor of Elections of Dade County in relation to matters pertaining to the use of the registration books and the holding of said special municipal election. Section 22. The City Clerk shall deliver a certified copy of this resolution to the Supervisor of Elections of Metropolitan Dade County not less than forty-five days prior to the date of the herein special municipal election. PASSED AND ADOPTED thiff-UlI day of JULY •� 1986• atAVIER L. S00. MAYOR ATTEST: MAT�EIRAI . I Y CLERK PREPARED AND APPROVED BY' R0SERT F. CL)k CEIEF DEPUTTYY /CITY ATTORNEY APPROVEDA'S xO FORM AND CORRECTNESS: LOCIA'A. DOUGHHR�Y CITY ATTORNEY , RFC/rr/M189 -a- 6Ei-'EiSf:' srk-10V J-86-980 11/4/86 RESOLUTION NO. A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 4, 1986 IN WHICH CHARTER AMENDMENT NO. 1. REQUIRING A REFERENDUM FOR DISPOSITION OF CITY LAND IF LESS THAN THREE PROPOSALS ARE RECEIVED, WAS APPROVED BY THE ELECTORATE; ALSO OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF TEE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 4. 1988 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 THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION' OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 4. 1986 IN WHICH THE STRAW BALLOT QUESTION ASKING IF IT IS OFFENSIVE. ANNOYING AND OBSCENE 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, WAS APPROVED BY THE ELECTORATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. 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 held on November 4, 1986 in which Charter Amendment No. 1 appearing or. 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 COMMISSION MEETING OF NOY IJ 1366 86f-10V November 4, 1986 in which Charter Amendment No. 2 appearing on the ballot as follows: `Shall Charter Amendment No. 2 be adopted providing, effective December 1, 1987, for an increase in annual compensation to $17,500 for the office of Commissioner and $24.500 for the office of Mayor, providing for an automatic Coat -of -living adjustment in said compensation payments, and providing payment of an allowance up to $7.500 for each Commissioner and up to $8.500 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 on November 4, 1986 in which the Straw Ballot Question appearing on the ballot as follows: "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 this 13th day of November , 1986. ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARB CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY CITY ATTORNEY RFC:bss:M250 XAVIER L. SUAREZ. MAYOR -2- hE:-91 t SE�-i� 17 November 4, 1986 in which Charter Amendment No. 2 appearing on the ballot as follows: 'Shall Charter Amendment No. 2 be adopted providing, effective December 1, 1987, for an I increase in annual compensation to $17.500 for the office of Commissioner and $24.500 for the office of Mayor, providing for an automatic coat -of -living adjustment in said compensation payments, and providing payment of an allowance up to $7,500 for each j Commissioner and up to $8, 500 for the Mayor to cover expenses resulting from performance r'.t • -�; ; ., -, = : ,�•} •..,; ��;� .::; of official duties of office?' r' t 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 on _ November 4, 1986 in which the Straw Ballot Question appearing on the ballot as follows: '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 basio religious beliefs by use of nudity, sexual acts or profanity as the term profanity is defined by Florida Law?' - was approved by the electorate. • j•' PASSED AND ADOPTED this 13th day of November 1966. XAVIER L. SUAREZ, MAYOR ATTEST: NATTY HIRAI _ CITY CLERK "� '•` 4��'�"=Y'"'' PREPARED AND APPROVED BY: ROBERT F. CLERK _ CHIEF DEPUTY CITY ATTORNEY ' APPROVED AS TO FORM AND CORRECTNESS: _ :• - LUCIA A. DOUGHERTY ' CITY ATTORNEY v (Jv f -- 1 J II713 i i 't i •3 -2- 86-91 t 8EP.-1017 0 1 $ 12 CHARTER AND RELATED LAWS (For the latest legal description of the city boundaries, the user is referred to the office of the director of public works.] Editor's note —The territorial limits of the City of Miami were fixed pursuant to Laws of Fla. (1931). ch. 15687. Further special acts extending, enlarging, or otherwise changing the corporate limits include Laws of Fla. (1931). ch. 15821; Laws of Fla. (1937), ch. 18685; Laws of Fla. (1941), chs. 21393. 21396; Laws of Fla. (1945). chs. 23405, 23409; Laws of Fla. (1949), ch. 26021; Laws of Fla., ch. 57.1583. The board of county commissioners of Dade County further extended the boundaries of the city (primrose Park) by Dade County Ordinance No. 63-6. adopted Much 5, 1963. County charter reference —Method of changing city boundaries, 15.04. State law reference —Municipalities within Dade County to adopt annexation or contraction ordinances pursuant to provisions of county home rule charter, Fla. Stats. 1 171.071. Sec. 3. Powers. The City of Miami shall have power: (a) Taxes and assessments: To raise annu- 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, parks, promenades and other public highways or any part thereof, and to *Note —For similar, subsequently enacted provisions, the user's attention is directed to f 30) of this Charter which provides for the vacating, closing and discontinu. ing of streets. alloys, eta. in addition to the powers hen given. Supp. No. 9 Subpt. A hold liens therefor as hereinafter provid- ed; to construct and maintain bridges, viaducts, subways, tunnels, sewers and 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, cars 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 local 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. 00 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. SGP_011 Subpt. A Supp. No. 9 CHARTER mercial use or management of any of the city's waterfront property only on condition that: (a) the terms of said contract allow reasonable public 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 proposed extension or mod- ification of an existing such lease or management agreement which does not comply with each of the above require- 13 ments 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 MiamiNniversity 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 buildings, armories, markets and all buildings and structures necessary or appropriate for the use of the city and to acquire by condemnation or other- 86F-ILOV 10 . . 191, 1 30 ) CHARTER AND RELATED LAWS Sec. 30). Same —Airports and landing fields! The city commission shall have power and is hereby authorized to acquire by purchase, lease, 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; taxes may 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 equipment. (Laws of Fla. (1929), ch. 14234) Sec. 3(2). Reserved. Editor's note —Section 3(2) of the Charter. as enacted by Laws of Fla. (1929). ch. 14234, was 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. 14234) *Note —For similar. subsequently enacted provisions, the user's attention is directed to 1 3(11) of this Charter. Supp. Na 3 Subpt. A Sec. 3(4). Same --Building and zoning.* (a) The commission of the City of Miami may, by ordinance, provide regulations 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, apartment 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 ordinances 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 structures 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 lot 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 1 3(14) of this Charter. 8V-1V 1 r Subpt. A CHARTER ronment and public advantages or which preserve natural features. Wherever setback, side yard, or site plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. These requirements shall not apply to docks and appurtenant structures; single-family residences and appurtenant structures; and waterfront industrial uses along the Miami River and at the Port of Miami; 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 18, 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) Supp. No. I § 30) Annotations —In State v. City of Miami, 101 Fla. 585, 134 So. 541, it was held that the power of the legislature to delegate zoning authority to the governing power of municipality has been recognized and determined defi- nitely in this jurisdiction. It has been applied to the location of a funeral home in State v. City of Miami, supra; to an ordinance making it unlawful to construct 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 filling station and no service station 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, supra, 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 gives 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 section to the passage of one comprehensive ordinance, zoning the entire territory of the city. Id. ' -C APPENDIX B CITY OF MIAMI GUIDES AND STANDARDS Bay/River Walk May 1983 City of Miami Planning Department 86r"1017 _c BAY WALK/RIVER WALK DESIGN GUIDELINES City of Miami Planning_ and Parks Departments - Principles and Parameters for the private design and development of waterfront public -access walkways. GENERAL PPLINCIPLES Public access waterfront walkways should: o Feel Public - No one should feel as if he or she is intruding on private property - 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 use the walkway. 94- -1- o Be Usable - Young and old, handicapped and joggers, lovers, fishermen, business men and women.... everyone should find the bay/ river walk usable. Potential conflicts between active and passive users should be prevented through segregation of bay/river walk use zones. (See guidelines.) o Provide Visual Access - The attraction is the water. All landscaping, furniture, Iitting guard rails and planters should be subordinated to enhance max- imum visibility to the water. Simplicity of design is preferred. The views of adjacent private development should'not be obstructed. 86P-1017 1"] U r 7J J Ir r o Enhance Visual Quality - Parking and Service area; must be completely screened from the walk- way. Materials, color'and forms should complement the natural shoreline environment. o Connect to Other Public Areas - Public parks, transit stops, tl&ough- fares, midblock walkways, shopping areas, and publicly accessible plazas should connect to the bay/river walk. o Take Advantage of Bay/River Setting - Where practical, boating and fishing activities should be incorporated into Bay walk designs. Elevated viewing areas, historically inter- pretive markers and signs are • desirable. DESIGN GUIDELINES The Bay /River Walk has five distinct zones: y .- a i CI l-cV ice'} i OK. 6 - •12 !U -C.� wilne- I WVVl�N4V3ti`. . SG -101'7 Ito GUIDELINES FOR DESIGN ELEMENTS (continued) • Colored lighting, except for private signs, should not be used. Simple contemporary fixture design should be used as opposed to highly stylized, vintage or period designs. o Signageor - All public access bay/river walks ' shall be marked with the' standard "Public Shore" sign. ` All major public access points, m ; ; including park walkways, road- ways, dedicated idblock walks } z and public plazas, should be ..ORI 'f,r'� C9()R. F marked with "Public Shore" signs. -7 - .7 Adjacent accessible publicly oriented private development, such as cafes or shops, should identify the use with signage in the transition zone. Uniformly designed historic scene or environmental markers and des- criptive plaques should be placed in the passive zone. is Signage should identify access points and adjacent activities, (cafes, shops, etc.) for boaters. BEF-10 17 s� s .. brCo3M,. I s o Edge Zone - a) Top of bulkhead or seawall should be at a constant elevafion for the length of the bay walk.. It should be 1'-6" - 2'6" wide at the top. o b) Safety ladders of stainless steel 45 or galvanized steel should be placed a maximum of 100' apart along thelace of the seawall or bulkhead, to allow for climbing out of the water 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 surface of seawall/bulkhead should be textured and of a lighter color than surface of circulation zone. o Safety Buffer Zone - A barrier at the waters edge may be ' #stalled at the discretion of the ;property owner. ,Such a barrier,.if used, should be as visually trans- . ...parent as possible, such as a simple railing. Paving adjacent to the edge should be a type of cobble stone with "river rock" f 3/4" x li" set in concrete leaving a relief of lit- 1 i, • -3- • • - o Circulation Zone - - -Bay/river walk circulation zone or promenade should be 8'-12' wide. . Alignment offsets of the promenade should not exceed 6' and be spaced a not less than 50' apart. Obstructions to movement (trees, bollards, lighting, etc.) within 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 storm drainage disposal system in conformance'with Section 4611 of the South Florida Building -Code. ' .� • . o. o Passive Zone - o 0 o 14, a 0 .05}tr 1*�4 �e�o' i I The area for sitting, accent land- + n 0000 scaping and concessions should be located along the inland side of the bay/river.walk, and not less 1�at than 4' wide. 'Wert •yj`:'� eac�csat�ae� zae- ;. 12°� -4- Short lengths of the passive zone may be elevated li'-2' above the level of the promenade fd5r enhanced bay and river views. 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. 86-10V oa�,c rr ee -{q'e-Z1ge_ puble e- o Passive Zone - (continued) i ("talk -5- �- e, Appropriate additional'furniture including trash receptacles, over- head canopies or shelters, drinking fountains, etc., should be confined to the passive zone. The passive zone may be paved in plain concrete or the paver on the main circulation zone. o Transition and Security Zone - To buffer private development from the adjacent bay/river walk a minimum 3'-5' transition zone should border the Bay/River Walk facility. This visual and functional transition from public to private space should generally be marked by low level shrubbery and overhead shade or ornamental trees. Security to limit public access to private property may be provided by fences, grade changes or retain- ing walls, All screens and walls 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 wall: should be assured. In general, landscaping and security barriers should not visually sercen the bay/river walk from adjacent active uses, such as retail restau- rants, or entertainment. 9 86F-14V +r s 0 'GUIDELINES FOR DESIGN ELEMENTS o Landscaping �, "• '•'..Shade trees should be confined to the inland edge of the passive 'zone: Root guards of a 1' length of 16 guage corrugated aluminum pipe with a 4' + diameter shall 1 be used ii1th all shade trees. Palms may be used along either edge of the bay/river walk, but Coconut Palms or Sabal Palms 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, 15"-30" ht. . Plant material should be primarily native salt -tolerant species. o Lighting - -6- Lighting at the waters edge should be confined to 8" diameter bollards, 24" to 30" high with down illumina- tion not extending beyond the bulk- head line. Bollards should be 100 Watt MV and. approximately 20, on center, maximum. Overhead lighting should be confined to passive zone and be down lighting with lamps not over 14 feet high; 175 watt MV, f 50' on center. Up lighting of landscaping, partic- ularly shade trees, should be confined to the passive zone and transition zone. le=ca y vapor, metal halide lamps or similar 'White" light luminaires should be used. 86P- 0 V APPENDIX C J-85-944 10/11/85 ORDINANCE N0.11 0 AN ORDINANCE REPEALING ORDINANCE NO. 977S, THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF MIAMI, FLORIDA AND SUBSTITUTING THEREFOR A NEW MINORITY PROCUREMENT PROGRAM ORDINANCE TO BE KNOWN AND CITED AS 'THE MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT ORDINANCE OF THE CITY OF MIAMI, FLORIDA,* ESTABLISHING A MINORITY AND WOMEN BUSINESS AFFAIRS PROCUREMENT PROGRAM AND COMMITTEE; PROVIDING FOR THE CREATION BY THE CITY MANAGER OF AN OFFICE OF MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT; FURTHER SETTING FORTH A GOAL OF AWARDING AT LEAST 51 PERCENT OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES TO BUSINESSES OWNED BY BLACKS (17S), HISPANICS (173); AND WOMEN (175); AUTHORIZING THE CITY MANAGER TO PROVIDE FOR MINORITY AND WOMEN-OWNEO BUSINESS ENTERPRISE PROCUREMENT SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING FOR THE DEVELOPMENT OF PROCEDURES, MEASURES AND RESOURCES TO IMPLEMENT SAID PROGRAM, GOALS AND OBJECTIVES; AND CONTAINING A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 977S dealing with minority procurement has been found to be in need of revision and modification to strengthen the effectiveness of the City of Miami's Minority Procurement Policy and Program; and WHEREAS; the City Commission; in 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 Home Rule Powers Act of 1973, Chapter 166.001 et s&q., Florida Statutes, as amended; and WHEREAS; the U.S. Supreme Court has upheld Dade County Ordinance No. 82-67; adopted July 20, 1904; restricting bidding on construction projects to Black -owned firms when prior unwarranted discrimination has been proven; and WHEREAS, findings Of a City Of Miami Minority Procurement Disparity Study indicated a substantial exclusion of minority and women -owned businesses from the City's procurement process for the fiscal years between 1971 and 1981; and WHEREAS, this Ordinance will prevent the perpetuation of the effects of prior unwarranted discrimination which has s6P-1017 heretofore impaired; limited or foreclosed procurement and contracting opportunities for businesses owned by Blacks; Hispanics and Women with the City of Miami; and WHEREAS; the City of Miami has established a policy of constructive affirmative action to eliminate substantially the effects of prior discrimination; and WHEREAS; the proposed Minority and Women Business Affairs and Procurement Program•and Policy contains requirements: (a) that those who Contract with the City of Miami in the areas of procurement shall not discriminate against any business. employee or applicant for employment because of age; ethnicity. race, creed; color; religion; sex; national origin; handicap, or marital status; and (b) that such city contractors have and implement an Affirmative Action or Equal Employment Opportunity policy to ensure that such businesses; employees or applicants for employment are treated equally without regard to age, ethnicity, race, creed, color; religion; sex, national origin, handicap or marital status, and WHEREAS, implseen tation•—af this ordinance will serve the best interest of the City and wilt maximise the opportunity for small business concerns owned and controlled by Blacks, Hispanics snd Women to procure or contract with the City of Miami in the area of procurement; and WHEREAS; to be effective 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 Women - owned businesses; NOV, THEREFORE; BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI; FLORIDA: Section 1. This Ordinance shalt be known and ■ay be cited as •7he Minority and Womem Business Affairs and Procurement Program Ordinance of the City of Miami.• Section 2. For the purpose of this Ordinance, the following terms phrases, words, and their derivations shal.1 have the following meanings: 2 00624 A: Business Enterprise means any corporation; partnership; individual, sole proprietorship, joint stock company, joint venture; professional association or any other legal entity that is properly licensed to do business with the City of Miami and/or Dade County and/or the State of Florida. 8. Minority and Women -Owned Business Enterprise means a business enterprise in which at least 51 percent of said enterprise is owned by Blacks, Hispanics or Women whose management and daily business operations are controlled by one or more Blacks; Hispanics or Women. C. Contract means agreements for the procurement of goods; services or construction of facilities for the City of Miami. D. Facilities ■eons all total -or partial publicly financed projects including, but without limitation, unified development projects, municipal public works and municipal improvements to the extent they are financed with City money. utilise City property; or require City services. . E. Goods and services include, without limitation, public works, isprovements; 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 Minority and Women business participation. C. Sot -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 Nomen-owned businesses to afford effective competition for the purchase. H. Joint Venture shall mean an association of persons or legal entities with the int.sat to engage in and carry out a single business enterprise for profit. 3 0062: 86 ._1017 NNW I. Procurement Expenditures shall mean a purchase, payment, distribution, loan or advance for the purpose of acquiring or providing goods and services. J. Affirmative Action Plan shall include the projected annual goals and the timetables which will be used to #splay and/or procure with women and minorities a non- discrimination policy statement and any other actions which rill be used to ensure equity in employment and the utilization of minority and tenale-owned businesses. Section 3. A Minority and Women Business Affairs and Procurement Program for the City of Miami is hereby established. The City Manager's Office shall be held 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. A. For the purpose of assisting the City Manager in the implementation ur salw oeugras, a Minority and Women Business Affairs and Procurement Committee is hereby established, consisting of an appropriate number of members, to be appointed by the City Manager, with full representation of Hispanics. Blacks and Women to be responsible for monitoring the implementation of the program and making recommendations for achieving the requirements of this Ordinance. The Committee shall be responsible for generating yearly progress reports to the City Commission and the community at large. Be The City Manager shall, utilizing existing resourcess create an Office of Minority and Women Susiness Affairs and Procurement; and shall provide the appropriate staff and resources necessary for the performance of ail such administrative duties; authorize and Implement the administrative guidelines and procedures required; and ensure compliance with the functions required to promote the achievement of the program's goals and objectives of increasing the volume of City procures*nt and contracts with slack. Hispanic and Women -owned businesses. w 4 10062: 86�-1V 17 Section t: The objective of the City is to achieve a goal of awarding a minimum of 91% of the total annual dollar volume of ail procurement expenditures to Blacks, Hispanics and Women - owned business enterprises to be apportioned as follows: seventeen percent (17%) to Blacks; seventeen percent (17%) to Hispanics and seventeen percent (17%) to Women.l A. To further the goal of increasing the total annual volume of all procurement expenditures to Minority and women - owned business enterprises; authority for a minority and women - owned business enterprise procurement set -aside is hereby established for use by the City Manager as he or she May deem advisable or necessary to increase the participation of Black. Hispanic• end Women -owned businesses in City procurement contracts. B. It shall be mandatory for all City of Miami contracts and/or procurement award •documents to contain the following: . (1.) . A specific reference to the applicability of the Minority and Women Business Affairs_ and Procurement Program established by this Ordinance; (2.) A provision stating the right of the City to terminate and cancel any contract or contractual agreement entered into; including eltsiaation of the individual(s) and/or business anterprise(s) fro• consideration and participation in future City contracts; on the basis of haying submitted deliberate and wiliful; 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 statement 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 tht bidder or offeror, during the 1 Women, depending upon their own annual self-selection, shall be fisted in only one 11) of the categories: race, ethnicity, lender. s 1006 2 - 86P -1017 4 ! ' 4 course of time involved in the performance of the contract sought by such bidder or offeror; shall not discriminate against any business; employee or applicant for employment because of age. ethnicity; 'race; creed; color, religion; sex. national origin, handicap or marital status; (4.) A statement of the extent to which the business enterprise has as one or more of its partners or principals persons who Itare Black; Hispanic or MORen, or is a joint venture comprised of a non -minority and minority business and/or women -owned enterprise. (5.1 A requirement that each bidder submit along with the bid or proposal an Affirmative Action Plan (AAP). Any significant equity participants; joint venture participants, sub -contractors; suppliers or other parties to the bid or shall also be required to submit such plans. A provision specifying the requirements for continued bidder or offaror 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 bed and proposal documents. Section 6. jxcept where federal or state law or regulations mandate to the Contrary; the provisions of this section will be applicable to all City of Miami, prebid, bid, contract or other agreements negotiated by the City; Section 7. The Minority and Yomem Business Affairs and Procurement Program established herein shall be in effect only until such time as the effects of prior unwarrented discrimination against Blacks; Hispanics and Nomen have been compensated for, at which time the goals and set -asides provided for herein shall no longer be observed. Such need shalt be reviewed every two years by the City Commission, upon the recommendation of the City Manager. Section S. Ordinance No. 977S, the Minority Procurement Program Ordinance of the City of Miami, Florida, is hereby repealed. 6 10062 867101'7