HomeMy WebLinkAboutBack-up from Law DeptSec. 29-B. City -owned property sale or lease —Generally.
Notwithstanding any provision to the contrary contained in this Charter or the City
Code, and except as provided below, the city commission is prohibited from favorably
considering any sale or lease of property owned by the city unless there is a return to the city
of fair market value under such proposed sale or lease. The city commission is also
prohibited from favorably considering any sale or lease of city -owned property unless (a)
there shall have been, prior to the date of the city commission's consideration of such sale or
lease, an advertisement soliciting proposals for said sale or lease published in a daily
newspaper of general paid circulation in the city, allowing not less than ninety (90) days for
the city's receipt of proposals from prospective purchasers or lessees, said advertisement to
be no less than one-fourth (1/4) page and the headline in the advertisement to be in a type no
smaller than 18-point and, (b) except as provided below, there shall have been at least three
(3) written proposals received from prospective purchasers or lessees; however, if there are
less than three (3) such proposals received and if the guaranteed return under the proposal
whose acceptance is being considered is equal to fair market value the city commission
determines that the contemplated sale or lease will be in the city's best interest then, subject
to the approval of a majority of the votes cast by the electorate at a referendum, the sale or
lease may be consummated. In the case of city -owned property which is not waterfront,
when the value of such property to be sold or leased (individual leaseholds within a single
city -owned property shall not be considered as a single parcel of property for such valuation
purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal
performed by a state -certified appraiser, the city commission, by a 4/5tns affirmative vote,
may sell or lease said city -owned property after compliance with the advertisement
requirements set forth above but without the necessity of a referendum.
The above provisions and any other city requirements for competitive bidding shall
not apply when:
(a)
conveying property to implement housing programs or projects which are
intended to benefit persons or households with low and/or moderate income,
the criteria of which to be provided for by federal and/or state law or by the
city commission;
(b)
conveying property to implement projects authorized under the Florida
Community Redevelopment Act of 1969, as amended;
(c)
conveying property to implement projects of any governmental agency or
instrumentality;
(d)
disposing of property acquired as a result of foreclosure;
(e)
disposing of property acquired in connection with delinquent taxes which
properties were conveyed to the city by the Miami -Dade board of county
commissioners under the provisions of Section 197.592 Florida Statutes, as
amended; and
(f)
disposing of non -waterfront property to the owner of an adjacent property
when the subject property is 7,500 square feet or less or the subject non -
waterfront property is non -buildable.
Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths
affirmative vote, may:
(a)
grant a lessee of city -owned property a one-time extension during the last
five years of its lease, without the necessity of a referendum, for the purpose
of funding additional capital improvements. The extended term shall not
exceed twenty-five percent of the original term or ten years, whichever is
Tess. The granting of such an extension is subject to the lessee paying fair
market rent as determined by the city at the time of such extension and not
being in default of its lease with the city nor in arrearage of any monies due
the city; and
(b)
amend the Lease Agreement between the City of Miami and Biscayne Bay
Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as
amended, to (i) extend the lease for an additional term of fifteen (15) years,
with the option to renew for two (2) additional five (5) year periods, (ii)
increase the amount of the minimum guarantee to the City to at least
$360,000 per lease year effective upon execution of the lease amendment,
and (iii) require Rusty Pelican to complete capital improvements to the
property, including a public baywalk, in the amount of not less than $3 Million,
within twenty-four (24) months of the effective date of the lease amendment.
(Res. No. 87-678, § 2(a), 7-9-87/11-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01; Res.
No. 03-855, § 2, 7-24-03)
Sec. 18-100. Right to conduct inspections and audits
(a)
The city may, at reasonable times, inspect that part of any contractual party's plant or
place of business and audit those books and records which are related to the
performance of any contract awarded or to be awarded by the city. Circumstances
warranting such inspections and audits shall include, but not be limited to, concern
as to whether standards of responsibility specified in section 18-95 have been, are
being, or are capable of being met, and concern as to whether the contract is being
performed in accordance with its terms and conditions.
(b)
The city may enter a contractual party's plant or place of business to:
(1)
(2)
(3)
(c)
Inspect goods or services for acceptance by the city pursuant to the terms of
the contract.
Audit cost or pricing data or audit books and records.
Conduct investigations of responsibility pursuant to section 18-95 or those
related to actions to debar or suspend a contractual party from consideration
for award of contracts pursuant to section 18-107
Books and records relating to performance of city contracts shall be maintained by
contractual parties for a period of three years from the date of final payment unless a
shorter periodis authorized in writing by the city manager.
(Ord. No. 12271, § 2, 8-22-02)
Sec. 18-101. Inspections...
(a)
(b)
Solicitations and contractual provisions. City contracts shall provide that the city may
inspect goods or services at the facilities of the contractual party and perform tests to
determine whether they conform to solicitation requirements contained in invitation
for bids or requests for proposals or, after award, to the terms and conditions of the
contract. Such inspections and tests shall be performed in accordance with the terms
and conditions of the solicitation and contract.
Procedures for tests and inspections.
(1)
The chief procurement officer may specify general operational procedures
governing the test and inspection of all goods or services, sales or leases
(2)
(3)
(c)
being performed under city contract by city departments, offices and
individual purchasing agents.
The chief procurement officer shall inspect or supervise the inspection of all
deliveries of supplies, materials, equipment, contractual services or
performance under lease agreements to determine conformance with the
terms and conditions upon which the order or contract was based. Any
purchasing agent or department may be authorized by the chief procurement
officer to inspect deliveries or contract performance in the manner stipulated
with the approval of the city manager.
The chief procurement officer may prescribe chemical, physical and other
performance tests for goods or services, including samples submitted with
bids or offers and samples of deliveries and performance to determine their
quality and conformance with the terms and conditions of the solicitation or
contract. In the performance of such tests or inspections, the chief
procurement officer shall have the authority to make use of the laboratory
facilities of any department of the city or any outside laboratory or special
expertise available to evaluate service performance.
Conduct of inspections. Whenever possible, inspections and tests shall be performed
so as not to unduly delay or inconvenience the contractual parties. Contractual
parties shall make available at no charge to the city all reasonable facilities and
assistance, in order to facilitate the performance of inspections or tests by city
representative.
(Ord. No. 12271, § 2, 8-22-02)
Sec. 18-102. Audits.
(a)
(b)
Solicitations and contractual provisions. City contracts shall provide that the city may
inspect the books and records of contractual parties to determine conformance with
the solicitation requirements contained in the invitation for bids or request for
proposals or, after award, with the terms and conditions of the contract.
Procedures for audits.
(1)
(2)
The chief procurement officer may specify the general procedures for
inspection of books and records and for the conduct of audits of all goods or
services, sales or leases under city contracts.
An audit may be required when, in respect to an actual or prospective
contractual party, there is:
a.
b.
c.
d.
e.
(c)
A question as to the adequacy of accounting policies or cost systems;
A substantial change in the methods or levels of operations;
Previous unfavorable experience indicating doubtful reliability of
estimating, accounting or purchasing methods;
A lack of cost experience due to the procurement of a new supply or
service; or
Other evidence that an audit is in the city's best interests as
determined by the chief procurement officer, the city manager or the
city commission.
Conduct of audits. Whenever possible, audits shall be performed so as not to unduly
delay or inconvenience the contractual party. Contractual parties shall make
available at no charge to the city all reasonable facilities and assistance, for the
convenience of the city representatives performing the audit.
(Ord. No. 12271, § 2, 8-22-02)