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HomeMy WebLinkAboutR-86-0527J-86-593 RESOLUTION NO. 86--527} A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSAL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE LEASE OF APPROXIMATELY 1,375 SQUARE FEET OF PROPERTY SITUATED IN THE CITY OF MIAMI'S LUMMUS PARK FOR THE PURPOSE; OF COLLECTING, PRESERVING AND MAINTAINING HISTORICAL DATA OF-MIAMI AND PROVIDING HISTORICAL ENRICHMENT TO THE COMMUNITY. WHEREAS, Section 53(d) of the City of Miami Charter entitled "Sales and Leases of Real Property" provides for the disposition of real property owned by the City and any such disposition shall be conditioned upon compliance with the provisions of this section; and WHEREAS, Section 53(d) of the Charter requires competitive bidding procedures to be followed with respect to the disposition of real property owned by the City; and WHEREAS, the City owns approximately 1,375 square feet of land, situated in the City of Miami's Lummus Park; and WHEREAS, by Resolution 85-1236 the City approved in principle a study outlining plans for redevelopment along the Miami River, including Lummus Park; and WHEREAS, such redevelopment plans are curently being implemented; and WHEREAS, the City desires to invite proposals for the purpose of collecting, preserving and maintaining historical data of Miami and providing historical enrichment to the community; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to issue a Request for Proposals, in a form acceptable to the City Attorney, for the lease of approximately 1,375 square feet of property CITY COMMISSION MEETING OF JUL i 1986 -527 j6,6"j - �y� situated in the City of Miami's Lummus Park for the purpose of collecting, preserving and maintaining historical data of Miami and providing historical enrichment to the community. PASSED AND ADOPTED this loth day of JULY , 1986. XAVIER L. SUA , MAYOR ATTE MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROV�Aq TO FORM AND CORRE NE : LUCIA A. DOUG CITY ATTORNEY 2 86-527; . CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and DATE: FILE: Members of the City Commission SUBJECT: RFP for Lummus Park FROM: 1 REFERENCES: Cesar H. Odio City Manager ENCLOSURES: It is recommended that the City Commission adopt thRlattached resolution authorizing issuance of a request for proposals for the lease of approximately 1,375 square feet of property situated in the City of Miami's Lummus Park, for the purpose of collecting, preserving and maintaining historical data of Miami and providing historical enrichment to the community. Resolution 85-1236 passed December 19, 1985, approved in principle the "NW North River Drive Design Study" outlining plans for redevelopment along the Miami River. Included in the study were plans to improve Lummus Park. The redevelopment process is already in progress and the Public Works Department has already awarded the bid for highway improvement along North River Drive, to be financed by highway bonds funds. Part of these funds will be repaid principally from the Property & Lease Management Enterprise fund. In view of the foregoing and as part of the move for redevelopment along the Miami Riverfront, it is necessary that a resolution be passed authorizing the issuance of a request for proposals for lease of property in Lummus Park, for the purpose of collecting, preserving and maintaining historical data of Miami and providing historical enrichment to the community. 'r] 86-52'7: July 10, 1986 Resolution # REQUEST FOR PROPOSALS for lease of the recreation building in Lummus Park CITY OF MIAMI Xavier L. Suarez, Mayor Miller Dawkins, Vice Mayor J.L. Plummer, Commissioner Joe Carollo, Commissioner Rosario Kennedy, Commissioner Cesar H. Odio, City Manager Prepared by: Property & Lease Management Division General Services Administration Proposals due: 2:00 pm July 31, 1986 86-52'7 . Request For Proposals Table of Contents I. Public Notice/Aviso Publico II. Overview A Summary 8 Requirements III.• Instructions to Proposers IV. Declaration V. Proposal - 2- 86-52'7, . i PUBLIC NOTICE SECTION I The City of Miami (the "City") is offering to lease approximately 1,375 square feet of property, consisting of the building, situated in Lummus Park ("Property"), (see Exhibit 1). The use of the Property shall be for the purpose of collecting, preserving, and maintaining historical data of Miami, and to implement historical awareness and educational programs, providing cultural enrichment to the community. Proposal packets can be obtained from the City of Miami Clerk, 3500 Pan American Drive. Sealed proposals shall be submitted to the Office of the City Clerk of the City of Miami located on the first floor of the Miami City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133 on or before 2:00 PM, July 31, 1986. Any questions pertaining to this Request for Proposals may be directed to Albert J. Armada, Property & Lease Manager, Property & Lease Management, 1390 NW 20 Street, Miami, Florida 33142 or by telephoning (305) 579-6318. The City Manager of the City of Miami, Florida, reserves the right to cancel this Request for Proposals before the opening of proposals, to accept any proposal deemed to be in the best interest of the City, to waive any irregularity in any proposal and to reject any and all proposals. Cesar H. Odio City Manager -3- 86-52`7; . M AVISO PUBLICO La Ciudad de Miami esta ofreciendo el arrendamiento de 1,375 pies cuadrados de propiedad situada en Lummus Park, (vea Exhibits 1 & 2). E1 use de esta propiedad sera para recoger, conservar, y guardar datos historicos sobre la ciudad de Miami. Informacion sobre este arrendamiento estara disponible en las Oficinas del Secretario Municipal de la Ciudad de Miami, 3500 Pan American Drive. Las propuestas selladas deberan ser sometidas a: las Oficinas del Secretario Municipal de la Ciudad de Miami, situadas en el primer piso del Ayuntamiento de Miami, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133, no mas tardar del 31 de Julio a las 2:00 PM. Cualquier pregunta relacionada con esta propuesta puede dirigirse a Albert J. Armada, Property & Lease Manager, Property & Lease Management, 1390 NW 20 Street, Miami, Florida 33142, telefono (305) 579-6318. E1 Administrador de la Ciudad de Miami, Florida, se reserva el derecho de cancelar esta peticion de propuestas antes de la apertura de dichas propuestas. Tambien el Administrador se reserva el derecho de aceptar la mejor propuesta que considere.en el mejor interes para la Ciudad, pasar por alto Cualquier irregularidad y rechazar alguna o todas las propuestas presentadas. Cesar H. Odio City Manager -4- 86-52'7 OVERVIEW SECTION II A Summary The City of Miami, Florida (the "City"), is soliciting sealed proposals to lease approximately 1,375 square feet of property, situated in Lummus Park, for the purpose of collecting, preserving, and maintaining historical data of Miami, and to implement historical awareness and educational programs, providing cultural enrichment to the community. (see Exhibits 1 & 2). The proposed lease agreement (the "Lease"), will have an initial term of approximately 62 years, beginning on the date of the execution of the Lease and expiring on July 26, 2048. The Lease shall be awarded to the responsible and responsive proposer whose proposal offers the City the highest total compensation for the Lease (the "Successful Proposer"). The City Manager reserves the right to cancel this Request for Proposals before the opening of proposals, to waive any irregularities in any proposal and reject any or all proposals and readvertise. Sealed proposals shall be submitted to the Office of the City Clerk of the City of Miami, located on the first floor of the Miami City Hall, 3500 Pan American Drive, Dinner Rey, Miami, Florida 33133 on or before 2:00 PM, July 31, 1986. Any questions pertaining to the Request for Proposal may be directed to Albert J. Armada, Property and Lease Manager, 1390 NW 20 Street, Miami, Florida, 33142 or by telephoning (305) 579- 6318. -5- 86--52'7 B Requirements Successful Proposer will be required to propose a guaranteed minimum yearly return to the City to be paid in advance, excluding any real estate taxes levied against the premises, which are to be paid by Successful Proposer. Additional consideration may be offered to the City of Miami in conjunction with the foregoing minimum guarantee. Also, in the event that changes to the use of the property which may require City Manager's approval are granted to Lessee, additional consideration as may be mandated by the City Manager shall be required. Successful Proposer will be required to provide insurance coverage at limits designated by the City. The policy shall name the City as an additional insured, and a copy of the certificate shall be filed with the City when a lease is executed. Successful Proposer will be required to submit a narrative in support or explanation of the overall program proposed. The narrative must follow the instruction in Section V, entitled PROPOSAL, subsection (2). Successful Proposer will be required to submit a narrative in support or explanation of the proposers experience in the overall program proposed. The narrative must follow the instructions in Section V, entitled PROPOSAL, subsection (3). Successful Proposer agrees that no construction, repairs, alterations or improvements may be undertaken upon the demised premises unless the plans: 1 Be first submitted to Property & Lease Management, for presentation and review by all Departments and Offices with jurisdiction, and 2 Be approved by the City Manager of the City of Miami, Dade County, Florida, and 3 Be in compliance with all State, County' and City rules and regulations, and any other agency that may have jurisdiction in these matters. -6- 86-527 , Successful Proposer will be required to pay all costs, including but not limited to appraisals, surveys and advertising expenses incurred by the City in the process of this solicitation of proposals. Successful Proposer will also be responsible for all utility charges incurred in their operations, including but not limited to electricity and water charges. Successful Proposer agrees that construction, repairs, alterations, improvements or maintenance to the leased area, and/or other areas owned by the City and used by Successful Proposer in conducting activities is at the sole expense of Lessee and shall become the property of the City upon expiration of the agreement. Upon completion, the paid invoices, receipts and other such documents shall be submitted to the City Manager. -7- 86-527 1"� r, INSTRUCTIONS TO PROPOSERS SECTION III 1. SUBMISSION OF PROPOSALS: Submit proposals consisting of sections: a) "Declaration" b) "Proposal Where forms are furnished as titled above, please complete per the form's instructions and submit same. Additional documentation submitted by the Proposer relating to any one of the sections should be attached to the completed form where applicable. Whether forwarded by mail or personally delivered, the envelope must be received by the Office of the City Clerk, City of Miami City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133, prior to the date and time stated in the Public Notice. 2. QUALIFICATIONS: Prospective proposers shall have no record of pending lawsuits, criminal activities, etc., and shall not have conflicts of interests which can be of embarrassment to the City of Miami. This latter qualification may be satisfied by submission of a notarized affidavit to the effect with the proposal submission. 3. ONE PROPOSAL: Only one Proposal from a non-profit corporation under the same or different names, will be considered. If it is found that a Proposer is interested in more than one proposal, all proposals in which such a Proposer is interested will be rejected. 4. PRICE PROPOSAL: Prices shall be stated in both words and figures in the appropriate places in the Proposal form. In the event that there is a discrepancy between the price written in words and the price written in figures, the former shall govern. 5. SIGNATURE OF PROPOSER: Prospective proposer must sign the Proposal in the space provided for signatures. The signature required is the officer, officers, or individual authorized by its by-laws or the Board of Directors, with official corporate seal affixed thereto. -8- 86-527 "'? a 6. PERFORMANCE BOND: The City reserves the right to demand of the Successful Proposer a performance bond in the amount sufficient to guarantee faithful performance of the terms and conditions of the lease agreement. A cash deposit with the City will meet this requirement. 7. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by the City of Miami to waive any irregularities in any proposals, to reject any or all proposals, or to readvertise for proposals, if desired. 8. AWARD: The Lease shall be awarded to the responsible and responsive Successful Proposer, whose proposal offers the City the highest total compensation for the Lease (the "Successful Proposer"). The Successful Proposer will receive an official letter from the City of Miami notifying him of the acceptance of this proposal and awarding him the privilege of executing a Lease to be prepared by the City. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the Successful Proposer, or his refusal to enter into the City of Miami contract, the City reserves the right to accept the proposal of any other proposer or readvertise using the same or revised documentation, at its sole discretion. 9. WITHDRAWAL OF PROPOSAL: Any proposal may be withdrawn prior to the final t me for receipt, as scheduled in the Public Notice. 10. INTERPRETATION -OF PROPOSAL DOCUMENTS: Each prospective proposer shall thoroughly examine the proposal documents and judge for himself all matters relating to the location and character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the proposal documents is doubtful, or obscure, or contains errors or omissions, he will be provided the opportunity to request clarification from Property & Lease Management. 11. PROTECTION OF RIGHTS OF CITY: The City Manager reserves the right to include in any contract document such terms and conditions as he deems necessary for the proper protection of the City of Miami, (see Exhibit 3) . -9- 86-527. a 12. The City reserves the right to require submission of the following documents: Business if proposal is made by an established business firm a) Balance sheet less than ninety (90) days old b) Current Income and Expense Statement c) Business Income Tax Reports for the last three (3) years -10- 86--52'7. . DECLARATION SECTION IV TO: Cesar H. Odio City Manager City of Miami, Florida Submitted day of , 1986. The undersigned, as proposer (herein used in the masculine singular, irrespective of actual gender and number) declares that the only persons interested in this proposal are named herein, that no other person has any interest in this proposal or in the lease to which this proposal pertains, that this proposal is made without connection or arrangement with any other person, that this proposal is in every respect fair, in good faith, without collusion or fraud, and that this proposal is made for non-profit purposes. The proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions of the 'lease to which the proposal pertains. The proposer proposes and agrees, if this proposal is accepted, he will execute an appropriate City of Miami document for the purpose of establishing a formal contractual relationship between him and the City of Miami, Florida, for the performance of all requirements to which the Proposal pertains. The proposer states that the proposal is based upon the Request for Proposals issued by the City, dated June 12, 1986, for the lease of approximately 1,375 square feet of property located in Lummus Park. Signature -11- 86-52'7. . PROPOSAL SECTION V TO: Office of the City Clerk City of Miami, Florida ATTENTION: Property and Lease Management (1) The undersigned hereby makes a proposal for a lease agreement of 62 years from the City of Miami, Florida for the lease of approximately 1,375 square feet situated in Lummus Park. (2) Describe in your format and attach to the last page of this PROPOSAL form, labeled "Attachment A", a narrative in support or explanation of the overall program proposed describing your activities, to include but not be limited to the following: PART I PROGRAM NARRATIVE AND IMPLEMENTATION PLAN A. Narrative Description of the Project Provide a detailed narrative description of the project including the following: 1. Describing the goals and purpose(s) of the project; 2. Identifying the individuals and/or groups to be served (target group), and defining the requirements for eligibility; 3. Identifying the geographical area of service; 4. Identifying the activities that the project will be providing and describing the nature and extent of those activities, as well as any special features that you feel should be mentioned; 5. Identifying the expected outcome(s) of the project on the participants and/or community. B. Measurable (Quantitative) Objectives Specifically quantify the objectives to be achieved, which include: 1. Identifying the specific segment of the target group to be served in each activity; 2. Estimate the number of target group participants to be served in each activity; -12- 86-52'7. . A 3. Identifying the specific service to be provided in each activity; 4. Estimate the frequency of the activities to be provided; 5. Specify the time period in which each activity/objective will be achieved. PART II ORGANIZATION A. Provide a list of all members and employees broken down by name, age, sex, ethnic status, and position held. PART III PROGRAM MANAGEMENT A. Describe in detail the policies and procedures that will be used regarding membership and employees including descriptions of the following: 1. Eligibility 2. Hiring and termination procedures 3. Equal Employment Opportunity procedures and assurances 4. Affirmative Action procedures 5. Scheduled activities for the community 6. Grievances and Abuses B. Describe in detail the internal monitoring system that will be used to insure that the project will meet its goals and objectives, including the following: 1. Setting performance standards for the measurement of each activity; 2. Developing a method for comparing the performance against the standards set; 3. Performing a follow-up of corrective actions; 4. Developing the required forms to record activities; 5. Submitting status reports. (3) Describe in your format and attach to the last page of "Attachment A" made part of the PROPOSAL, labeled "Attachment B", a narrative in support or explanation of the Proposer's experience in collecting, preserving, and maintaining historical data of Miami, and implementing historical awareness and educational programs, providing cultural enrichment to the community, to include but not be limited to the following: -13- 86-52`i PART I PROPOSER'S EXPERIENCE A. Narrative description of the proposer's experience and/or of key personnel involved in the overall program proposed. PART II PROFESSIONAL REPUTATION A. Narrative description of the professional reputation of the Proposer and/or of key personnel involved in the overall program proposed. (4) The bidder is expected to propose a minimum rent guarantee, to be paid in advance, excluding any real estate taxes levied against the premises which are to be paid by the successful proposer, and labeled "Attachment B". Any additional consideration offered to the City of M�-ami in conjunction with the minimum rent guarantee should be clearly and fully defined in "Attachment B". (5) It is expressly understood that the City of Miami reserves the right to accept or reject any and. all proposals, and it is further understood, that acceptance of any proposal and corresponding agreement is subject to the approval of the City Commission. (6) The undersigned expressly authorized the City of Miami to solicit and obtain information and verification from any source named in or in connection with this proposal. THIS BID PROPOSAL SUBMITTED BY (Name of Non -Profit Corporation) (Address of Non -Profit Corporation) (Signature) (Signature) (Title) (Title) (Please attach a Corporate Resolution and affix Corporate Seal here and on the Corporate Resolution) -14- 86-52'7 . TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT INSURANCE The Lessee shall maintain during the term of the Lease Agreement the following insurance: A General Liability Insurance on a Comprehensive General Liability coverage form or its equivalent, with a combined single limit of at least One Million ($1,000,000) Dollars for bodily injury and property damage liability. Products and completed• operations coverage, personal injury, contractual liability, and premises medical payments coverages shall be included. The City shall be named as an Additional Insured. B. Automobile Liability Insurance covering all owned, non - owned and hired vehicles in amounts of not less than $100,000 per accident and $300,000 per occurrence for bodily injury and $25#000 property damage. C. All Risk Property insurance coverage on a replacement cost basis for real and personal property located on the designated premises leased to the Lessee by the Lessor. The City shall be named as a named Insured on such policy. D. 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 changed without sixty (60) days advance written notice to the Lessor. Written notice shall be sent to the Risk Management Division, Department of Finance. Evidence of compliance with the insurance requirements shall be filed with the Risk Management Division of he City of Miami prior to execution of the Lease Agreement and each renewal. 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 foregoing requirements shall not relieve the Lessee of its liability and obligations under this section or under any other portion of the Lease Agreement. -15- 8b�52`�, . INDEMNIFICATION Lessee covenants and agrees that it shall indemnify, hold harmless, and defend the Lessor 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 Lessee's occupancy thereof, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. DAMAGES OR LOSS TO LESSEE S PROPERTY Lessee releases the Lessor from any and all liability, cost or expenses for damage, or loss to the Lessee's property for any cause whatsoever. Fencing around the premises and security are the sole responsibility of the Lessee. UTILITIES Lessee shall pay for all utilities consumed on the premises as well as connection and installation charges thereof and waste collection, if any. ASSIGNMENT AND SUBLETTING OF PREMISES Lessee shall not, at any time during the term of the lease agreement, sublet any part of the premises, or assign the lease agreement or any portion or part thereof, except and by virtue of written authorization granted by the City Manager to the Lessee. EXAMINATION OF PREMISES Lessee agrees to permit the Lessor's City Manager or his designee to enter upon the leased premises at any time for any purpose the Lessor deems necessary to, incidental to or connected with the performance of the Lessor's duties and obligations hereunder or in the exercise of its rights or functions. RULES AND REGULATIONS Lessee agrees that it will abide by any and all rules and regulations pertaining to the use of the leased premises which are not in effect, or which may at any time during the term of the lease agreement be promulgated. -16- 8�"'S2`i . DEFAULT PROVISION In the event that Lessee shall fail to comply with each and every term and condition of the lease agreement or fails to perform any of the terms and conditions contained herein, then Lessor, at its sole option, upon thirty (30) days written notice to Lessee may cancel and terminate the lease agreement, all advances, improvements or other compensation shall be forfeited by Lessee not as a penalty but as liquidated damages. NON-DISCRIMINATION Lessee agrees that there will be no discrimination against any person on account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap in the use of the demised premises and the improvements thereon. It is expressly understood that upon presentation of any evidence of discrimination the Lessor shall have the right to terminate the lease agreement. AWARD OF AGREEMENT Lessee warrants that it has not employed or retained any person employed by the Lessor 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 Lessor any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from.the award of making the lease agreement. CONFLICT OF INTEREST Lessee covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the lease agreement has any personal financial interests, direct or indirect, in the lease agreement. The lessee further covenants that, in the performance of the lease agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the Lessee or its employees must be disclosed in writing to the Lessor. Lessee is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws. Lessee, in the performance of the lease agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. -17- 8�-�52: Or__ .. __. INDBPENDBNT CONTRACTOR Lessee and its employees and agents shall be deemed to be independent contractors, and not agents or employees of Lessor, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of City, or any rights generally afforded classified or unclassified employees; further it shall not be deemed entitled to the Florida Workers Compensation benefits as an employee of Lessor. MINORITY PROCUREMENT COMPLIANCE Lessee 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, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. -ls-