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CITY OF MIAMI

DEPARTMENT OF REAL ESTATE

AND ASSET MANAGEMENT

REQUEST FOR PROPOSALS (RFP) NO. 12-14-077

LEASE OF CITY-OWNED WATERFRONT PROPERTY

FOR MARINAS/RESTAURANT/SHIP’S STORE USES

LOCATED AT

VIRGINIA KEY

MIAMI FLORIDA

ISSUE DATE: JUNE 15, 2015

PROPOSAL DUE DATE: SEPTEMBER 28, 2015

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SUBJECT PROPERTY

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June 15, 2015

The City of Miami (“City”), by the issuance of this Request for Proposals (“RFP”), invites

interested proposers (“Proposers”) to submit proposals for the lease of prime waterfront property

located in Virginia Key, Florida. The goal of this RFP is to create a vibrant recreational marina

and restaurant destination with an ancillary ship’s store facility for City residents and tourists alike.

As described herein, the vision of this RFP is to help implement major components of the Virginia

Key Master Plan. The Successful Proposer will be entering into a long-term lease with the City for

approximately 26.65 acres (including uplands and submerged land) of waterfront property located

at 3301, 3605, 3501, 3311, & 3511 Rickenbacker Causeway, Miami, Florida, and more specifically

shown in the survey and legal description included as Exhibit A (“Property”).

This RFP contains information regarding the Property, the project, proposal submission

requirement, and selection criteria. Proposals must comply with all submission requirements to be

eligible for consideration. All information and materials submitted will be thoroughly analyzed

and independently verified. Proposals must present a definitive proposal responding to all

requirements of the RFP.

The City will conduct a Pre-Proposal Submission Conference and Site Visit (respectively “Pre-

Proposal Submission Conference” and “Site Visit”) on July 8, 2015 at the Miami Rowing Club,

3601 Rickenbacker Causeway, Miami, FL 33149 to answer questions and/or clarify the statements

and requirements contained in this RFP. Attendance at the Pre-Proposal Submission Conference

and Site Visit is optional, but highly recommended.

Proposals must be received by no later than September 28, 2015 by 2:00 PM and must be

delivered to the Office of the City Clerk (First Floor Counter), City Hall, 3500 Pan American

Drive, Miami, Florida 33133. The City will not consider late, incorrectly delivered, or

incomplete proposals.

A list of all Proposers will be made public the following business day. The successful Proposer

will be subject to the requirements of the Charter of the City (“City Charter”) and Code of the City,

as amended (“City Code”). On behalf of the Mayor and City Commissioners, I welcome responsive

project proposals which will realize the full potential of this prime real estate location.

Sincerely,

Daniel J. Alfonso

City Manager

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TABLE OF CONTENTS

I. EXECUTIVE SUMMARY

II. GENERAL STANDARD CONDITIONS

III. DESCRIPTION OF PROPERTY

IV. PROPOSAL OBJECTIVES

V. REQUIRED PROJECT COMPONENTS

VI. PROPOSAL SUBMISSION REQUIREMENTS

VII. REFERENDUM REQUIREMENT

VIII. LEASE TERMS

IX. EVALUATION CRITERIA

X. ANTICIPATED SELECTION SCHEDULE

XI. BID PROTESTS

EXHIBITS

EXHIBIT A Property Survey & Legal Description

EXHIBIT B Miami 21 Zoning Code

EXHIBIT C Biscayne Bay Aquatic Preserves Map

EXHIBIT D Flood Zone Map

EXHIBIT E Virginia Key Master Plan

EXHIBIT F Phase I Environmental Site Assessment

EXHIBIT G Sketch of Rickenbacker Lease Area

EXHIBIT H Miami International Boat Show Tent Layout

ATTACHMENTS

ATTACHMENT 1 Background Screening Consent Form (II(J))

ATTACHMENT 2 Registration Form

ATTACHMENT 3 RFP Checklist

ATTACHMENT 4 Proposal Summary Form

ATTACHMENT 5 Project Team Experience Forms

ATTACHMENT 6 Development Team Experience Forms

ATTACHMENT 7 Entity Certification Forms

ATTACHMENT 8 Disclosure and Disclaimer

ATTACHMENT 9 Lease Agreement

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APPENDICES

APPENDIX A City Charter § 3 – Powers

APPENDIX B City Charter § 29B – City-owned Property Sale or Lease – Generally

APPENDIX C City Code § 2-612 – Conflicts of Interest

APPENDIX D City Code § 10-4 – Building Permit Fee Schedule

APPENDIX E City Code § 18-74 – Cone of Silence

APPENDIX F City Code § 18-176.2 – Cone of Silence; Exceptions

APPENDIX G City Code Ch. 23 – Historic Preservation

APPENDIX H City Code §§ 29-81 to 29-95 – Waterfront Improvements

APPENDIX I Miami-Dade County Code § 2-11.15 – Works of Art in Public Places

APPENDIX J City Code § 18-73 – Procurement Definitions

APPENDIX K City Code § 18-95 – Determination of Responsibility

Please note the materials included as Exhibits and Appendices above are included for

informational purposes only and interested proposers should not rely upon the included

information without further investigation.

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I. EXECUTIVE SUMMARY

Location 3301, 3605, 3501, 3311, & 3511 Rickenbacker

Causeway, Miami, Florida, shown respectively as

Parcels 1, 2, and 3 on the survey shown in Exhibit A,

which shall be included by way of addendum.

Project Opportunity To plan, redesign, renovate or redevelop, lease,

manage and operate a mixed-use waterfront facility

including, but not limited to, two marinas, a boatyard,

dock master’s office, ship’s store, dry storage, wetslip

docks, and at least one restaurant (“Project”).

Required Uses Marina/boat yard with dry rack storage, new dock

master’s office, ship’s store, fuel stations; and wetslip

dockage facilities and a restaurant (“Required Uses”).

Public Boat Ramp The successful Proposer shall be required to plan,

design, permit and construct a public boat ramp and

floating dock on the Property to the northwest of

Miami Marine Stadium as an additional component of

the Virginia Key Master Plan.

Marina Restrictions Vessels moored at wetslips shall be limited in size as

per applicable regulatory requirements. Marina shall

provide for a minimum of 648 dry storage racks.

Marina shall maintain the existing 190 wetslips and

build approximately 300 additional wetslips. The size

and number of any and all additional wetslips shall be

subject to all applicable rules and regulations,

including, but not limited to, zoning, permitting,

aquatic preserve limitations, and other regulatory

requirements.

The successful Proposer shall allow the NMMA boat

show event (“Boat Show”) access and use of the

Property annually during the seven (7) days of the

Boat Show, inclusive of President’s Day weekend.

The successful Proposer shall also accommodate the

Boat Show during the three (3) week set up period and

the two (2) week tear down period for a total not to

exceed six (6) weeks. This restriction shall be

coterminous with the Lease.

The successful Proposer shall enter into a cross-

access agreement with Specialty Restaurants

Corporation d/b/a Rusty Pelican Restaurant (“Rusty

Pelican”), allowing Rusty Pelican, their agents,

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employees, and invitees, access to, over, and across

the access road indicated as Parcel 2, as shown in

Exhibit A, which shall be included by way of

addendum. The cross-access agreement shall be

subject to review and approval by the City Manager

and City Attorney as to legal form.

Parcel Size Approximately 26.65 acres, including upland and

submerged land property. The submerged land is

estimated to be approximately 17 acres. Interested

Proposers must independently verify this information.

Land Use Designation Parks and Recreation.

Zoning Designation Civic Space.

Site Master Plan Virginia Key Master Plan

Master Plan/Project Vision Development capacity and program for this site are

regulated by the City of Miami Comprehensive

Neighborhood Plan and the Miami 21 Zoning Code.

In addition, an area-wide master plan has been

adopted in principle by the Miami City Commission

that sets forth a global development vision for the

area. While still valid as a consensus document

captioning the community’s aspirations for this zone,

it is the intent of this RFP to encourage an integrally

planned and designed development vision for the

Property.

Lease Term The Lease will include a forty-five (45) year initial

term, with two (2) fifteen (15) year renewal terms.

The Lessee must request such renewal in writing at

least 180 days prior to the date any such renewal

would commence or the lessee’s ability to renew is

waived.

The overall lease area shall be planned and

designated in a contiguous manner, although there

will be a phased delivery of possession due to the

availability dates of each area. The first phase, which

shall pertain to the area currently operated by the City

and known as Marine Stadium Marina, shall

commence within thirty (30) days after execution of

the Lease, following the March 15, 2016 referendum

(“Phase I”). The second phase shall pertain to the area

currently leased by Rickenbacker Marina Inc., as

indicated in Exhibit G (“Phase II”). Phase II shall

commence no earlier than July 7, 2016, subject to the

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transfer of the area to the City, and within thirty (30)

days of such transfer.

The lease term specified above shall commence upon

implementation of Phase I. Phase II of the lease shall

be coterminous with Phase I.

Lease The Lease, included herein as Attachment 9, will be

executed following the award of this RFP. Certain

provisions of the Lease shall remain non-negotiable,

including, but not limited to, any and all items

required by this RFP, as well as those provisions

relating to indemnification, hold harmless, insurance,

and guarantees.

Rents Proposers shall include a minimum guaranteed base

rent of two million one hundred and fifty thousand

dollars ($2,150,000.00) per annum (“Minimum Base

Rent,”) plus a percentage rent of gross revenues of

any and all sales on the Property (“Percentage Rent”).

Minimum Base Rent will be payable in monthly

installments and Percentage Rent will be computed

and paid on a monthly basis, to be paid within 15 days

into the following month. Additional Rent may be

applicable, as specified in the attached Lease.

Rent Adjustment Commencing on the first anniversary of the Effective

Date of the Lease and on each anniversary thereafter

during the Initial Term, the per annum Minimum

Base Rent amount shall be adjusted to the greater of:

an increase by three percent (3%) of the previous

year’s Base Rent, or an increase based on the amount

indicated by the Consumer Price Index as of three (3)

months prior to the beginning of the applicable

adjustment date.

In no event shall any such annual adjustment to the

Minimum Base Rent result in an increase which is

less than three percent (3%), or more than Five

Percent (5%), of the Minimum Base Rent amount

immediately prior to the effective date of such

adjustment.

Parking Contribution Successful Proposer shall contribute a minimum of

three million four hundred and fifty thousand

($3,450,000.00) dollars to the construction of an

adjacent Miami Parking Authority (‘MPA”) parking

garage. The parking garage will be a municipal

parking garage operated, directed and maintained by

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the MPA. Actual contribution amount to be based on

the number of parking spaces required for the Project.

Funds are to be provided in Escrow at time of

proposal submittal. The actual amount of parking

spaces required will be determined by the MPA and

the Planning and Zoning Director, or Zoning

Administrator. These Funds shall be released to the

City in their totality upon execution of the Lease. The

successful Proposer shall provide an Escrow Letter in

a form acceptable to the City Manager and City

Attorney

In the event development of the aforementioned MPA

parking garage is interrupted or suspended as a result

of court order, court decree, or lis pendens entered

during the course of third-party litigation, the time

frame for which the successful Proposer must pay the

abovementioned parking funds shall be adjusted.

Registration Fee Only registered Proposers may participate in this RFP

process. To register, a Proposer must submit a non-

refundable fee of $150.00 in the form of a cashier’s

check, money order, or official bank check made

payable to the City of Miami and the completed

registration form by mail to the contact information

listed below.

Background Check Each Proposer shall provide, upon submission, and at

the Proposer’s sole cost, a complete background and

credit check of the Proposer, the proposing entity,

related entities or assigns, and its principals as well as

reference checks on the principals of every member

of the proposing entity, and or its assigns, which may

be necessary to identify all items required by this

RFP. The above-mentioned background check shall

be directed to the City of Miami Department of Real

Estate & Asset Management in a sealed envelope

from an independent and impartial third-party

company. Consent forms, background screening and

credit checks related to this RFP will not be made

Public Records.

Required Referendum Deposit The successful Proposer shall pay a two hundred

thousand dollar ($200,000.00) deposit (“Referendum

Deposit”). The Referendum Deposit shall be returned

to the Proposer if the City Commission does not

approve the Lease, or if the lease is not approved by

a public referendum in satisfaction of the City’s

Charter requirements. If the City Commission

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approves the Lease and the public referendum passes

per City Charter requirements, then the Referendum

Deposit shall be transferred to the Security Deposit.

Referendum Required Section 3(f)(iii) of the Charter of the City of Miami

requires that any lease that the City Commission

approves pursuant to this RFP shall not be valid unless

approved by public referendum, which is presently

scheduled for March 15, 2016.

Security Deposit The successful Proposer shall pay an initial annual

security deposit equal to one hundred percent (100%)

of the Proposer’s annual Minimum Base Rent

(“Security Deposit”). At the sixth (6th) year of the

Lease, the Security Deposit shall fall to one million

and 00/100 dollars ($1,000,000.00) and shall remain

that amount until the expiration or termination of the

Lease.

Earnest Money Deposit Proposers shall provide an irrevocable/unconditional

Letter of Credit or cashier’s check, drawn on a

financial institution authorized to do business in

Florida, providing one hundred thousand and 00/100

dollars ($100,000.00) to be submitted together with

the proposal. Once a Proposer has been chosen, the

Earnest Money Deposit paid by the selected Proposer

shall increase to an amount equal to ten percent (10%)

of the estimated cost of construction prior to

execution of the Lease. Earnest Money Deposits shall

be refunded to Proposers that are not selected.

State Approval A portion of City-owned submerged lands was

granted to the City by Miami-Dade County. Another

portion of submerged lands is owned by the State of

Florida Board of Trustees of Internal Improvement

Trust Fund (“TIITF”). Should the successful

Proposer wish to use the state-owned submerged land,

the City will have to apply for state approval from

TIITF to facilitate the successful Proposer’s use of

these submerged lands. With the support of the

successful Proposer and following the execution of

the negotiated Lease for the Property, and as a

condition precedent of the Lease, the City will seek a

finding of public purpose or (if applicable) a waiver

of the deed restriction must be obtained from TIITF

for the use of the state-owned lands. The successful

Proposer shall bear all costs, fees, waiver payment

fees, and/or any other required payments to the State

in association with state approval process. Failure to

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pay and/or renew and lease, if applicable, any

additional submerged lands under the control of

TIITF shall result in a default of the entire Lease.

Sale of Leasehold The Lease may be assigned, sublet or transferred to a

third unrelated party during the lease term, subject to

and at the discretion of the City which shall not be

unreasonably withheld conditioned or delayed. Such

transfer or assignment may be subject to financial and

operational ability of the transferee, but at no time

shall be allowed without the consent of the City. Any

such assignment or transfer prior to the fifth (5th)

anniversary of the effective date, shall require a

payment to the City equal to four percent (4%) of

gross proceeds from the transfer; at any time after the

fifth (5th) year, a five percent (5%) payment of the

gross proceeds will be due to the City upon transfer.

Note: All leasehold improvements shall become the

sole property of the City upon the expiration of the

Lease.

Optional Pre-Proposal Submission The City will conduct a Pre-Proposal Submission

Conference and Site Visit Conference and Site Visit, which shall be held at the

Miami Rowing Club, 3601 Rickenbacker Causeway,

Miami, Florida 33149 on July 8, 2015. Additional

details will be published on the Department of Real

Estate & Asset Management website and by e-mail to

registered Proposers.

Proposal Due Date and September 28, 2015, 2:00 P.M. (EST)

Location Office of the City Clerk, City of Miami

City Hall

3500 Pan American Drive, First Floor Counter

Miami, FL 33133

To Register and for Further Jason Spalding Information Contact CBRE | Marina Services

200 East Las Olas Blvd, Suite 1620

Fort Lauderdale, Florida 33301

T: (954) 331-1719

F: (954) 468-3069

E: Jason.spalding@cbre.com

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II. GENERAL STANDARD CONDITIONS

A. Cone of Silence

This RFP process is subject to Sections 18-74 and 18-176.2 of the City Code, the

“Cone of Silence,” which mandates that, except for public hearings and scheduled

presentations, contact with the City regarding this RFP process or any aspect of a

proposal by the “Proposer” or their representative(s), including lobbyists, shall be

limited to written communications until such time as the City Manager recommends

a selected Proposer for City Commission consideration. Any meetings with City

staff regarding specific plans will be considered outside of the Cone of Silence. The

City will allow for meetings between Proposers and appropriate City Planning and

Zoning staff to discuss the applicability of Planning and Zoning requirements. The

City shall bear no responsibility for Proposers’ design decisions or assumptions. All

questions or requests for additional information must be in writing by e-mail or mail

to the CBRE representative specified above. The request must contain the RFP title,

Proposer’s name, contact person name, address, and phone number. The City shall

furnish any responses to written questions or requests through an Addendum to this

RFP following receipt of the written communication and will also be kept on file at

the Office of the City Clerk. Addenda to the RFP will be published and uploaded

to the Department of Real Estate & Asset Management’s website. The deadline to

receive questions regarding this RFP is August 28, 2015.

B. Proposer’s Responsibility to Investigate Project Opportunity

The information contained in this RFP is published solely for the purpose of inviting

Proposers to consider the project described herein. Prospective Proposers should

perform their own due diligence investigations, projections and render their own

conclusions without reliance upon the above-described Pre-Proposal Submission

Conference or the material contained herein.

Testing, audits, appraisals, inspections, or other non-invasive studies that are

necessary or desired to submit a proposal, shall be conducted at the sole expense of

the prospective Proposer. City-owned property is held in public trust and cannot,

by Florida law, be mortgage, pledged, liened, encumbered or subordinated in any

way as a part of the Lease; however, the leasehold interest may be pledged,

hypothecated and/or assigned for the purpose of a leasehold mortgage. Any

leasehold mortgage or debt will be reviewed and approved by the City. All

leasehold improvements shall become the sole property of the City upon the

expiration of the Lease.

C. Existing Facilities, Improvements and Required Uses

The City offers the Property and its improvements “as is, where is” for the

renovation or redevelopment, long-term lease, operation and management. The

successful Proposer shall redevelop the Property, in whole or in part, as necessary

pursuant to the Required Uses as stipulated in this RFP. All other proposed uses

shall serve to supplement rather than replace or supplant the Required Uses.

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The successful Proposer shall be required to continually maintain the existing access

road leading into Rusty Pelican, and identified in Exhibit A as Parcel 2.

The successful Proposer shall further be required to design, permit, and construct a

public boat ramp and floating dock on the Property, northwest of Miami Marine

Stadium. The selected Proposer will be required to identify construction staging

areas; the City does not guarantee the availability of additional land for construction

staging. Additional City-owned lands, if located, may be offered, through a

Revocable License, for use as construction staging at additional cost.

Any and all construction by the successful Proposer shall be limited or paused to the

extent necessary to permit access and use of the Property during the Boat Show,

allowing for Boat Show exhibition space and clear walking paths to and from Boat

Show exhibits.

D. Existing Utilities

Water, sanitary sewer, electric and telephone utilities are currently available on the

Property. Proposers may obtain detailed plans showing underground utility

installations from the City’s Public Works Department, 444 SW 2nd Avenue, 8th

Floor, Miami, Florida 33130. For additional information, please contact the

respective utilities.

The successful Proposer shall bear the sole financial responsibility for all connection

fees, design, construction, and installation costs and of any costs associated with

compliance with any County or City moratorium requirements that may be in force.

The City will assist in this process by providing the necessary utility and/or facility

easements as lawfully appropriate. The successful Proposer may relocate the

existing utilities at its sole cost and expense.

E. Environmental Conditions

The City is leasing the Property “as is, where is” without any representation

regarding its environmental condition. Proposers will have an opportunity to inspect

the Property at the Site Visit for due diligence inspections and prior to taking

possession. The City shall provide a Phase I Environmental Site Assessment (see

report in Exhibit F). A limited Phase II Environmental Site Assessment shall be

provided by way of an addendum at a later date following publication of the RFP.

However, Proposers may perform their own “due diligence” inspections, including

environmental site assessments, sampling and testing of the soils, sediments and

groundwater, subject to such conditions and limitations as the City Manager may

impose, including without limitation, requirements for supervision by the City,

indemnification of the City, disposition of reports and execution of any legal

documents, as the City Attorney may require.

The successful Proposer shall remove or remediate any hazardous materials that are

required by law to be removed or remediated for the Project.

The Property includes approximately 26.65 acres of land, including submerged

lands located in Biscayne Bay designated as an Aquatic Preserve. The Project shall

conform to the prescribed requirements of environmental regulations governing the

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Biscayne Bay Aquatic Preserves. All operations of the Project shall also conform

to existing environmental regulations and permitting requirements. A seagrass study

is available for review at the Department of Real Estate & Asset Management

website link for this RFP. See Biscayne Bay Aquatic Preserves Map attached hereto

as Exhibit C. Additional information may be found at

http://www.dep.state.fl.us/coastal/sites/biscayne/.

The City reserves the right to, or cause to, construct, build, operate, control, or create

an additional marina and/or mooring field within the confines of Biscayne Bay,

and/or within the Virginia Key basin adjacent to the Project, however any new

marina or mooring field shall not knowingly encroach on the Project.

F. Insurance and Indemnification

Prior to execution of a lease, the selected Proposer shall be required to provide

certificates of insurance to the City providing insurance during construction,

maintenance, and management of the Project, as approved by the City’s Risk

Department, and as specified in the attached Lease. The City shall retain the right to

amend and add to the required policies and coverages in order to ensure adequate

coverage for the proposed project and corresponding lease, as determined in the sole

discretion of the City. The selected Proposer shall also indemnify the City to the

extent required for the proposed project and corresponding lease, as determined by

the Office of the City Attorney and the City’s Risk Department.

G. Payment and Performance Bond

Prior to the commencement of any construction on the Property, the selected

Proposer shall be required to provide a Payment and Performance Bond satisfying

the requirements set forth by the City as well as those set forth by Section 255.05,

Florida Statutes. The Payment and Performance Bond will be posted in an amount

representing at least one hundred (100%) percent of the sum of the construction cost

of the improvements.

H. Regulatory Process: Permitting and Licensing

The specific plans for the renovation of this Property will require various permits

and approvals, and each Proposer to the RFP is responsible for determining which

permits and approvals will be required for the construction, operation and

completion of the Project. The successful Proposer, at its sole cost and expense,

shall be responsible for applying for and acquiring all required permits, licenses,

contests, and approvals from all appropriate governmental agencies. Additionally,

all improvements must comply with applicable building, fire, planning and zoning,

health and all other applicable local, state and federal requirements.

The City, pursuant to all necessary reviews and approvals of design concepts, will,

if necessary, provide owner sign-offs required for the successful Proposer to obtain

the appropriate regulatory permits from local, state, and federal agencies.

Regulatory permits may be necessary from the following agencies, including but not

limited to: Miami-Dade County Department of Permitting; Environment and

Regulatory Affairs (PERA); State of Florida Department of Environmental

Protection (DEP); and the Federal Aviation Administration.

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This information is intended to help the Proposer determine the applicable

requirements and is not meant to be an exhaustive summary of all permits, licenses

and approvals required.

I. Zoning

Pursuant to the City’s Miami 21 Zoning Code, the overall Property is zoned CS,

Civic Space, which is included as Exhibit B. Any details provided herein regarding

the zoning process is for convenience only and Proposers should not rely upon them.

Proposers are responsible for obtaining information directly from the appropriate

City Planning and Zoning departments as it relates to their specific plans for

redevelopment of the Property, as applicable. Any meetings with City staff

regarding specific plans shall be considered outside the Cone of Silence. Proposers

are responsible for pursuing any zoning changes and/or board or City Commission

approvals necessary to implement the concept proposed in their response to this RFP

so long as they are supported by the City as property owner and the Virginia Key

Master Plan. Proposers should not consider zoning approvals as permit approvals,

the latter which Proposer must obtain separately for each aspect of the Project.

Whenever possible, the City agrees to assist the successful Proposer with its

permitting process, providing that municipal permit fees will not be waived or

reduced.

J. Flood Zone

A preliminary review of the Property shows that the entire Property is classified as

falling within Coastal A Zone, under Flood Zone AE. A Flood Zone Map is

included in Exhibit D. All structures constructed at the Property must conform to

the appropriate Flood Zone requirements.

K. Impact Fees

The successful Proposer must pay for any Impact Fees related to its improvements

to the Property. Impact fees by Code requirement must be paid prior to issuance of

a building permit.

L. Design Review

The design of the Project shall be subject to review and approval by appropriate City

departments and/or agencies, including but not limited to certain County agencies

such as Shoreline Review Committee and the Shoreline Review Manual as set forth

in the Miami-Dade County Code.

M. Background Check

Proposers shall be required to perform, at the Proposer’s sole cost, a complete

background and credit check of the Proposer, the proposing entity, related entities

or assigns, and its principals as well as reference checks on the principals of every

member of the proposing entity, and or its assigns. This shall include any and all

checks that would reveal any of the information requested in subsection N below,

Disqualification.

The background and credit check provided by the Proposers shall be in a sealed

envelope from an independent and impartial third-party company, and directed to

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the City of Miami Department of Real Estate & Asset Management. The background

report shall be provided together with submission of the Proposal.

In the event the City is not satisfied with the background check provided, the City

shall be entitled to perform, or cause to be performed, an additional complete

background and credit check of the Proposer, the proposing entity, related entities

or assigns, and its principals as well as reference checks on the principals of every

member of the proposing entity, and or its assigns. Proposer shall be responsible

for any and all costs incurred by the City for this additional background check.

Proposers must submit forms providing the City consent to conduct background

screening on the Proposer and all Proposer’s principals, or related entities and/or

assignees and/or team members using the form provided in Attachment 1 along with

their proposals submission. For the purposes of this RFP, a principal shall be

defined as any person, individual or entity having any ownership or major

operational role in the Proposer’s project. Proposers that include as part of their

team foreign nationals or foreign entities must fully comply with all of the

requirements of the Patriot Act. Those Proposers who do not comply shall be

automatically disqualified from further consideration in this RFP process.

N. Disqualification

The City shall automatically deem any proposal non-responsive/non-responsible, as

applicable, nor will the City enter into any Lease or other agreement with any

Proposer, principal, or related parties of any proposing entity whose members: i) are

in arrears to the City for any debt or obligation; ii) have any uncured defaults or

have failed to perform under the terms of any agreement or contract with the City

within the past ten (10) years; iii) are in default under any agreement or contract

with the City on the date and time the proposal is due; iv) have caused fines to be

levied against the City; v) have any past, present or on-going litigation with the City;

vi) have filed and not prevailed in frivolous lawsuits, as that term is defined by

section 57.105, Florida Statutes as determined by a final order of the court; vii) have

past, present or pending involuntary bankruptcies, liquidations, or foreclosures

within the past seven (7) years on projects or businesses they have owned, operated,

or controlled; viii) have caused any city-owned land or improvements to incur

environmental damage, environmental contamination liability or any other material

liabilities; or ix) has otherwise been determined as not a responsive and/or

responsible proposer as defined by 18-73 and 18-95 of the City Code, and by the

laws of the State of Florida.

O. Failure to Disclose Information

Should a Proposer or any principals, related entities, or related assignees fail to

disclose information relating to the following: i) outstanding arrearages or

indebtedness with the City; ii) uncured defaults or failure to perform under the terms

of any agreements or contracts with the City contracts within the past ten (10) years;

iii) any default with the City under any agreement or contract on the date and time

the proposal is due; iv) any fines it caused to be levied against the City; v) any past,

present or on-going litigation with the City; vi) any litigation or legal dispute within

the past ten (10) years; vii) past, present or pending bankruptcies or foreclosures

within the past seven (7) years on any project or business owned or controlled; viii)

role in causing any city-owned land or improvements to incur environmental

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damage, environmental contamination or liability or any other material liabilities,

the Proposer shall be automatically disqualified from further consideration in this

RFP process.

P. Proposal Submissions

This project has been identified by the City to be an RFP, for which review

procedures, the selection process and submission guidelines are set forth herein.

Any and all proposal submissions shall be subject to and in compliance with the

terms of this RFP. The City reserves the right to allow the City Manager to reject

any and all proposal bids.

Q. Market Value Appraisal

Per City of Miami Charter Section 3(f)(iii)(B), the City of Miami may only lease

waterfront property on the condition that “the terms of the contract result in a fair

return to the city based on two independent appraisals.” As a result, all proposals

deemed responsive shall be subject to two independent appraisals based on each

proposed Project. Said appraisals shall be prepared by state-certified appraisers

selected by the City.

The value determined by the selected appraisers shall be deemed relevant and

persuasive to the Review Committees and the City Manager’s final determination

of the successful Proposer. Under no circumstance may the City accept a proposal

falling below the appraised market value for the proposed project. The appraisal

shall consider all contributions required by this RFP.

R. Administrative Review

City staff shall conduct an initial administrative review of the proposals received for

completeness and compliance with all content requirements set forth in the RFP

(“Administrative Review”). During this Administrative Review, and prior to the

start of deliberations by a Selection Committee, in their sole discretion, City staff

may contact Proposers to cure non-material, non-substantive defects in any

Proposals. If notified of such a deficiency, the Proposer shall correct such

deficiency within five (5) business days of notification. Those proposals that

comply with all requirements will be deemed responsive.

S. Technical and Financial Review

The City Manager shall constitute and appoint the members of a Technical Review

Committee and a Financial Review Committee (“Review Committees”) to review

proposals for purposes of feasibility related to planning and zoning restrictions and

financial capabilities respectively. The Review Committees shall each consist of

three (3) members. Reviewers may consult with other employees not on the Review

Committees to clarify technical issues and details presented. Discussions should not

reveal the Proposer’s identity. The Review Committees shall report exclusively to

the Selection Committee. Review Committees shall each provide written comments

and recommendations of their findings to the Selection Committee.

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T. Selection Committee

After taking into consideration the findings of the Administrative Review and the

Review Committees, the Selection Committee shall evaluate each proposal deemed

responsive.

The City Manager or his/her designee shall designate five (5) individuals who are

not part of the Administrative Review and Review Committees to serve on the

Selection Committee. The City’s real estate advisor or broker shall be present

during the review by the Selection Committee, but shall not vote or otherwise act as

a member of the Selection Committee. Members of the Selection Committee shall

have experience in real estate, finance renovation projects and/or experience with

development projects of this nature. Members of the Selection Committee shall not

have any financial interest and shall not have played any role whatsoever in any

proposals being submitted for consideration to this RFP. Any such conflict of

interest will automatically disqualify the Proposer in question. The Selection

Committee shall evaluate proposals based upon the criteria contained in this RFP.

No other factors or criteria shall be used in the evaluation. The Selection Committee

shall require an oral presentation immediately followed by an interview period from

Proposers.

The Selection Committee will: (i) evaluate proposals using the Evaluation form and

may further define each of the criteria on the Evaluation form so long as it is

consistent with the information in this RFP; (ii) evaluate criteria and scoring values

assigned; and (iii) consider comments made by the Review Committees. Each

Selection Committee Member shall determine a rank order based on allotted scores

and sign and date the Evaluation form.

U. City Manager

The Selection Committee shall elect a chair at its first meeting. The members shall

render the Evaluation forms and the chair will prepare a written recommendation

memo addressed to the City Manager. The City Manager or his/her designee

reserves the right to approve the recommendation of the Selection Committee and/or

to reject any and/or all proposals.

V. City Commission

The City Commission may accept the recommendation of the City Manager, may

reject any or all proposals, or may seek a recommendation directly from the

Selection Committee.

W. Right to Accept/Reject Proposals

The City reserves the right to accept any proposals deemed to be in the best interest

of the City, to waive any non-material irregularities in any proposals, or to reject

any or all proposals and to re-issue a solicitation. Furthermore, until such time that

the City enters into a Lease and the voters approve the Project via a referendum, the

successful Proposer shall not have any vested rights, leasehold rights or interest in

the Property, or in the Project proposed herein.

A non-responsive proposal is a proposal which does not conform in all material

respects to the RFP. A non-responsible Proposer is one that does not have the

capability in any or all respects to fully perform the requirements set forth in the

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proposal or the Lease or that does not have the relevant experience, integrity and

reliability which will assure good faith performance. Thus, for example, the City

Manager may reject a proposal that has not substantiated the financial capability of

a prospective Proposer. City staff will reject any proposal deemed to be non-

responsive or not responsible.

In the event that the City is unable to negotiate a mutually acceptable Lease with the

first ranked Proposer, the City may then successively negotiate with and accept the

second or third ranked Proposers selected by the Selection Committee or terminate

the RFP process and re-issue a solicitation.

X. Negotiation and Execution of Lease

The successful Proposer shall be required to enter into a Lease with the City. The

successful Proposer shall negotiate Minimum Base Rent, Percentage Rent,

escalations, and rent commencement dates with City staff.

Y. City’s Real Estate Development Advisor/Broker

The City has engaged the services of CBRE, a real estate development

advisor/broker for this assignment. CBRE shall represent the City in all negotiations

and the fiduciary responsibilities of CBRE exist only to and on behalf of the City.

CBRE shall be entitled to a commission or success fee of three percent (3%). The

terms and conditions of said commission or success fee have been agreed to by the

City in advance.

III. DESCRIPTION OF PROPERTY

A. Property Boundaries

The Property includes the following addresses and folio numbers:

3301 Rickenbacker Causeway Folio 01-4217-000-0020;

3605 Rickenbacker Causeway Folio 01-4218-000-0010;

3501 Rickenbacker Causeway Folio 01-4217-000-0110 (NW Parcel);

3311 Rickenbacker Causeway Folio 01-4218-000-0030;

No Address Folio 01-4218-000-0031; and

3511 Rickenbacker Causeway Folio 01-4217-000-0030 (NW Parcel);

Visible landmarks include, to the northwest, Rusty Pelican Restaurant and to the

southeast, Miami Marine Stadium.

B. Existing Parking

There are two parking lots on the Property currently available for use by the

successful Proposer.

C. Parking Garage

In order to encourage and promote the economic feasibility and success of the

Project, the City believes it is in the best interest of the Project and the public to

relocate all existing on-site parking and utilize a new proposed parking garage

facility, which the MPA shall build, operate, and maintain. The garage layout will

maximize parking and its cost will not exceed thirty thousand dollars $30,000 per

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space. The garage will have retail space and will be operated and managed by the

MPA.

The City shall take into consideration the Proposer’s proposed location for the

parking garage. However, the ultimate location of the parking garage facility shall

be in the sole and absolute discretion of the City. The garage footprint is currently

estimated to be approximately forty-five thousand (45,000) square feet, excluding

set-backs and other restrictions.

The City will require the successful Proposer to pay into a project-specific parking

trust fund (“Parking Trust Fund”) an amount for construction of the parking garage

at the time of the Lease execution. The MPA will use the funds contributed to the

Parking Trust Fund to construct the parking facility to accommodate the users of the

Project. The number of parking spaces will be based on four (4) spaces per 1,000

square feet of retail, one (1) parking space per every five (5) boats of dry or wet

storage, and eight (8) spaces for every 1,000 square feet of restaurant gross area.

The successful Proposer will be required to contribute to the Parking Trust Fund up

to fifteen thousand dollars ($15,000.00) (estimated to be approximately 50% of the

cost of construction) per each space required for the overall site proposal, per the

ratios provided above, including the retail space in the garage itself. However, a

minimum of 230 parking spaces shall be required (for a total minimum parking

garage contribution of $3,450,000.00 to be paid by cashier’s check or money order

and delivered to the Director of Real Estate & Asset Management, 444 SW 2nd

Avenue, 3rd Floor, Miami, Florida 33130 upon effective date of the Lease). This

parking garage contribution will be deposited into an escrow account whose

designated use shall be applied to the Parking Trust Fund. In the event that the

referendum is not passed, this parking garage contribution will be returned to the

successful Proposer.

MPA may, in its sole discretion, elect to build additional parking spaces beyond

what is required for the successful Proposer’s Project and existing City and MPA

parking obligations. Should the MPA choose to build additional parking spaces, the

MPA will pay one hundred percent (100%) of the additional costs required for the

additional spaces, as well as the cost for any ancillary uses incorporated in the

parking facilities.

The successful Proposer will have no vested or represented interest, rights, options,

preferences, or security in the City’s parking facility, other than the City’s

commitment that those parking spaces will be available for monthly leases for all of

the commercial/retail uses incorporated within the Project, at a parking rate schedule

that reflects fair market value, whose published rates will be provided to transient

customers. The City will provide a structure for free parking validations at the

garage for varying uses and time frames (retail, restaurant, marina, etc.) in line with

existing waterfront venues in the area. The free validation structure will comply

with the Miami 21 Zoning Code and will be established during lease negotiations

and reflected therein. The schedule and milestones for construction of the parking

garage and retail spaces by MPA will be developed in conjunction with, and will be

compatible with, the successful Proposers development plan, to be reflected in the

Lease.

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The garage shall be designed within the constraints and budget that MPA will

specify. The City reserves the right at any time before and within the Project

timeline to reject the proposed design.

D. Parcel Size & Parcel Components

The Property consists of a total of 26.65 acres, inclusive of upland and submerged

land property. The submerged land is estimated to be approximately 17 acres. Sizes

must be independently verified by interested Proposers. The uplands portion of the

Property contains the following addresses and associated folios:

3301 Rickenbacker Causeway Folio 01-4217-000-0020;

3605 Rickenbacker Causeway Folio 01-4218-000-0010;

3501 Rickenbacker Causeway Folio 01-4217-000-0110 (NW Parcel);

3311 Rickenbacker Causeway Folio 01-4218-000-0030;

No Address Folio 01-4218-000-0031; and

3511 Rickenbacker Causeway Folio 01-4217-000-0030 (NW Parcel);

E. Transportation Links & Accessibility

The Property is readily accessible to Brickell via Rickenbacker Causeway. Major

roadways in close proximity include US 1 and I-95.

F. Existing Facilities The Existing Facilities include the following structures and amenities:

One (1) restaurant facility

Permitted for 190 wet slips, boats up to 100 feet, drawing up to 9 feet

Permitted for 648 dry racks, including 67 covered and 233 uncovered

Boat launching facilities

Two (2) ship stores

Two (2) dock master’s offices

Two (2) fuel stations

Showers/laundry facilities

One (1) Pump-out station

Two (2) Parking Lot(s)

Five (5) foot baywalk around certain portions of marina

G. Ad Valorem taxes

The successful Proposer will not be responsible for any ad-valorem taxes, or any

other taxes or assessments associated with the Property that are due or may be owed

prior to the Lease Effective Date. The successful Proposer will, however, be

responsible for all taxes that are incurred commencing on and after the Lease

Effective Date.

H. Zoning Category: CS Transect Zone

Approval Process in CS Transect Zone: Regulations for development in a CS

Transect Zone may be deviated from by process of “Exception,” a public hearing

before the Planning Zoning and Appeals Board (“PZAB”), pursuant to Section

5.7.1.4 of the Miami 21 Zoning Code only if supported by the City.

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Additionally, pursuant to Section 7.1.2.7 of the Miami 21 Zoning Code, any new

development (or redevelopment) in a CS Transect Zone may be allowed to apply for

a “Variance.” However, the City as owner will not approve the request for a

Variance for this Property.

Depending on the scope of renovation or redevelopment, architectural components

may be subject to approval by the City’s Planning and Zoning Department, the

PZAB and the City Commission.

IV. PROPOSAL OBJECTIVES

This RFP seeks to identify the proposal deemed most advantageous to the City. The

City’s evaluation and review of proposals shall include, but not be limited to: the financial

returns to the City, the Proposer’s experience and management history, the Proposer’s and

consultant’(s) capability, the Proposer’s financial ability & qualifications, the overall design

of the proposed Project, and local participation.

A. Economic Objectives

Increase the financial return to the City.

Improve the revenue-producing capacity of the marina/boatyard, restaurant

and ship’s store facilities.

Improve the marina, restaurant and any ancillary waterfront uses and

enhance their destination market appeal to locals and tourists alike.

Ensure that any proposed (optional) ancillary or complementary uses further

enhance the destination market appeal of the wider Miami and Virginia Key

community.

Utilize the available Property to maximize its economic potential.

B. Planning and Land Use Objectives

To convert the existing facility into a modern world-class facility using state-

of-the-art technology and including ancillary uses that complement the

Property’s setting and geographical location, aimed to stimulate widespread

interest in the waterfront Property.

To provide for the development of a mixed-use marina/restaurant and

waterfront destination, portraying a unified and integrated marina that

seamlessly interacts with adjacent restaurants and facilities.

To allow for easy access to and throughout the Property, including the

development of a full-width bay walk that matches the design east of Marine

Stadium, and a clear walking passage from Marine Stadium to Rusty Pelican.

To promote various active, public uses of the site that will enhance the

overall public benefit derived from the property in terms of use, visibility

and financial return.

To provide marina/restaurant facilities that represent flexible designs and

iconic attention-grabbing buildings that function year-round for daily and

nightly activities.

To develop an array of recreational waterfront uses operated by management

experienced in waterfront programming in order to attract increasing and

varied segments of the local, regional and visitor population.

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To develop a plan compatible with the Boat Show, which will not

substantially or materially interfere with the licensed uses granted to

NMMA for the Boat Show.

C. Urban Design Principles and Guidelines

Public access shall be paramount.

Proposers must assure safe pedestrian connections and ease of access

between the required facilities and the surrounding areas.

The architecture and landscape shall acknowledge the tropical climate of the

region and contribute to the pedestrian and civic life of the project.

Proposers should use the Virginia Key Master Plan as a guideline for

proposed improvements and the project’s architectural/landscape features.

Proposers must design aesthetically attractive buffering features along the

Rickenbacker Causeway access point.

(1) Views

Provide optimum views of the bay from the marina facilities and

restaurant facility.

Emphasize views of the waterway.

(2) Access

Maximize public access to the waterfront.

Minimize pedestrian/vehicular conflict points.

Interior and perimeter walkways shall be a minimum of 11 ft. width.

Provide required walkway width along waterfront per Miami 21

Zoning Code requirements.

Creative use of roadway lighting and distinctive exterior building

lighting is encouraged.

Improve Marina access points with aesthetically attractive buffering

features through hardscape or softscape elements.

Pedestrian-scale decorative lighting, low-level path and landscape

accent lighting shall be incorporated into the development.

All utility infrastructures shall be placed underground or within

chases below grade, where feasible.

(3) Open Spaces

Provide continuous public open spaces where feasible.

Open spaces shall acknowledge the tropical climate of the region by

providing significant landscape design, shade and coverage through

the use of substantial shade trees and specimen palm varieties.

D. Architecture

Buildings shall acknowledge the tropical climate of the region.

Buildings shall be no taller than the crown of the historic Miami Marine

Stadium structure.

Building intensity, massing and articulation shall respond to human scale

and the pedestrian realm.

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Building façades shall be varied and articulated to provide visual interest to

pedestrians.

Secondary entries from interior walkways are also encouraged.

Proposers should use the Master Plan as a guideline for architectural

features.

E. Landscape

Provide a varied and plentiful palette of tropical and Florida native plant

materials that reflect the landscape of the region.

F. Signage

Signage shall be designed to meet compatibility, uniformity and size

standards that do not compete with the architecture of the development.

G. Use Restrictions

Prohibited uses are listed in Article 4, Table 3 of the Miami 21 Zoning

Code.

V. REQUIRED PROJECT COMPONENTS

The Proposer must meet all required project components listed herein. All

improvements must be constructed at the Proposer’s sole expense. However, the City may

assist the successful Proposer by providing City documentation that may be required for

zoning changes, PZAB hearings, and grant or financing applications, at the City’s sole

discretion and pursuant to availability and at no cost to the City. The Proposer shall develop

the Project proposal taking into consideration all of the requirements listed in this RFP.

VI. PROPOSAL SUBMISSION REQUIREMENTS

A. Proposal Deadline and Format

Proposals are due at 2:00 PM on September 28, 2015, at the Office of the City

Clerk, City of Miami, City Hall, 3500 Pan American Drive, First Floor Counter,

Miami, Florida 33133. The City shall not accept any proposals after this stated

deadline or at any other City office location other than the Office of the City Clerk.

Proposals must be marked RFP Proposal for “VIRGINIA KEY MARINA RFP

NO. 12-14-007” and addressed to the attention of Todd Hannon, City Clerk.

B. Required Proposal Copies

Proposers must submit one (1) unbound original proposal in an 8½” x 11” format,

one (1) electronic copy submitted on a CD-ROM or USB flash drive with all

required attachments, plus twenty-two (22) copies of bound proposals in an 8-1/2"

x 11" format. Proposer should also submit one (1) original set of board-mounted

illustrative drawings not to exceed 24" x 36", (with 27 copies of the illustrative

drawings reduced to an 11 x 17 scale, the latter which shall be inserted in proposal

copies). Prospective Proposers must utilize the following outline presented in the

Table of Contents below to prepare their proposals, adding tabs and sub-tabs as

needed to all bound copies. The single unbound copy shall be submitted without

tabs to facilitate possible duplicating needs. Proposers must follow the exact

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sequential order in the Table of Contents below for their narrative. A minimum font

size of 10-point, 1-inch margins, and single spacing shall be utilized on all text

documents submitted.

Proposers must attach all required documents listed in the Proposal Summary Form.

TABLE OF CONTENTS

I. EXECUTIVE SUMMARY

II. VISION, GOALS AND OBJECTIVES OF PROJECT

III. COMMUNITY BENEFITS

IV. PROJECT PLAN

V. OPERATING PLAN

VI. MARKET AND ECONOMIC FEASIBILITY

VII. FINANCIAL PLAN

IX. FINANCIAL FEASIBILITY

X. FINANCIAL RETURN TO THE CITY

XI. DEVELOPMENT ENTITY

XIII. FINANCIAL CAPACITY

XIV. MANAGEMENT TRANSITION SCHEDULE

XV. PROJECT/DEVELOPMENT SCHEDULE

XVI. REQUIRED RFP RESPONSE FORMS (ATTACHMENTS)

C. Referendum Deposit Requirements

Within five (5) business days of the City Commission approval of the award to the

successful Proposer, the successful Proposer shall make a two hundred thousand

dollar ($200,000.00) Referendum Deposit payable to the City of Miami by cash or

cashier’s check. If the successful Proposer’s project and lease are approved by

public referendum, this Referendum Deposit will be rolled into partial satisfaction

of the Security Deposit. The City will refund the Referendum Deposit only if the

voters do not approve the referendum to accept the successful Proposer’s project.

In this instance, the Referendum Deposit will be returned within forty-five (45)

calendar days after the unsuccessful referendum vote. Except as herein provided

there will be no other recognizable claim or recourse to a return of the Referendum

Deposit.

D. Required Attachments

Proposers will be required to complete, sign and notarize (as applicable) and submit

the following Attachments, listed in the RFP Checklist along with the Proposal

Narrative:

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i) Background Screening Consent Forms: Proposers must submit signed

consent forms for the Proposer and the Proposer’s principals, which is

incorporated herein as Attachment 1;

ii) RFP Registration Form: Proposers must submit a copy of the RFP

Registration Form, incorporated herein as Attachment 2, along with the

$150.00 Registration Fee in order to register and obtain a copy of any

Addenda issued prior to the submission date of this RFP;

iii) RFP Checklist: Proposers must submit a RFP Checklist, included as

Attachment 3;

iv) RFP Proposal Summary Form: Proposers must submit a signed RFP

Proposal Summary Form, attached herewith as Attachment 4;

v) Project Team Experience Forms: Proposers must complete and submit

Project Team Experience Forms, attached herewith as Attachment 5, in the

manner described in Section VI(F)(13) of this RFP;

vi) Development Team Experience Forms: Proposers must complete and

submit Development Team Experience Forms, attached herewith as

Attachment 6, in the manner described in Section VI(F)(14) of this RFP;

vii) Entity Certification Forms: Proposers should select the most appropriate

Entity Certification Form, copies of which are attached as Attachment 7

herewith, which matches the legal form of their business. The Entity

Certification forms must be signed, notarized and submitted along with the

Proposer’s RFP submission;

viii) Disclosure and Disclaimer: Proposers must sign, date and submit an

original of the Disclosure and Disclaimer, incorporated as Attachment 8;

ix) Lease Agreement: Provide a filled-in copy of the Lease Agreement as

Attachment 9.

E. Deficient Proposals & RFP Modifications

Submissions received in response to the RFP shall meet all requirements specified

within the RFP. Submissions deficient in providing the required information shall

be automatically deemed non-responsive and disqualified, and shall be ineligible for

further consideration. A complete proposal submission package shall address and

conform to the requirements for Proposal Content described below. Proposers

and/or proposals which do not conform to the following requirements will be

automatically disqualified and ineligible for further consideration:

i) Proposers who are not registered or Proposers who have not paid the $150.00

Registration Fee;

ii) Proposers who have not provided satisfactory Background Check

documentation or who have not paid the fee requested for an additional

check, as applicable;

iii) Proposal narratives that exceed 50 pages (excluding required attachments

and required documentation);

iv) Proposals which do not include items VI(D)(i) through VI(D)(ix) above;

v) Proposals which do not incorporate the minimum required

renovation/developments components, including but not limited to the

construction/installation of the additional wetslips, the dock improvements,

widening of the baywalk to 11 feet, and construction of a new, multi-story

dockmaster’s office; and

vi) Proposals that do not meet the minimum financial returns to the City.

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F. Project Narrative – Required Proposal Content

Proposers shall provide a Project Narrative no longer than fifty (50) pages, at 10

point font (not including the required attachments, documentation or drawings).

Proposals must present a definitive project in their Project Narrative, addressing all

the narrative topics and components requested in Section VI(F)(1) through (16)

below. The Project narrative will be critically evaluated as to whether all the

submission requirements have been presented by each Proposer.

Proposals submitted in response to this RFP must include planning, design,

financing and construction of proposed improvements appropriate to the character

of the Property, the Virginia Key Master Plan and the CS Zoning category laid out

in Miami 21 Zoning Code. The successful Proposer shall be required to plan, design,

construct, lease, manage and operate the Property, at no cost to the City.

(1) Description of Proposed Facilities and Amenities: Provide a description

of the proposed facilities and amenities at the Property.

(2) Marketing Plan & Market Analysis: Proposals shall include a:

(a) Market Analysis sufficient to establish the market support for the

marina, restaurant component, ship’s store and other proposed uses

based upon analysis of demand generators, competitive supply, market

pricing, competitive position and anticipated market share/capture. The

market analysis shall identify primary and secondary markets for the

marina, restaurant, ship’s store and other proposed amenities, as

applicable.

(b) Marketing Plan shall specifically provide the rationale for proposed

marketing approaches for each targeted market segment and a

description of the strategies utilized for attracting and strengthening

those markets, such as how and where the marina and restaurant facility

will be advertised, branding and themed restaurant concepts and

potential co-marketing opportunities. Specific discussion shall be

presented as to marketing strategies to attract international business,

recreational and the leisure tourist markets.

(3) Financing Plan & Financial Capacity: Proposals shall include a

financial plan, which shall provide evidence of financial capacity so that

a determination can be made that the Proposer is capable of undertaking

the Project.

(4) Recent Financing History: Proposer shall provide at least a three (3)

year financial history detailing financial soundness, financial capability,

background in obtaining complex financial commitments, specifically

detailing the type of project, financing source, amounts committed, etc.

Proposer shall detail the amount of capital, the size of the project and any

other pertinent information that will assist the City in determining the

capability, availability of equity and ability to fund the Project.

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An approved lender must meet the following criteria:

i) Any insurance company, bank or trust company, pension or

retirement fund or trust, governmental agency or fund, or other

financial or lending institution or other lender which is regulated

by, or makes any loans which are regulated by, state or federal

laws of the United States, provided: however, that in the case of

a first priority approved leasehold mortgage or a first priority,

approved major subleasehold mortgage, the Financial Standards

must be satisfied;

ii) Any similar type of foreign domiciled entity or institution or

other lender which is regulated by, or makes any loans which are

regulated by, the country of its domicile provided; however, that

in the case of a first priority approved leasehold mortgage or a

first priority approved major subleasehold mortgage, the

Financial Standards must be satisfied;

Any person which is listed in the “S&P 500” or the “Fortune500”, or any

affiliate of such person provided that such lender continues to satisfy the

Financial Standards.

(5) Financial Feasibility & Cash Flow Analysis: The Proposer shall

include a detailed financial feasibility and cash flow analysis of the

project. The financial feasibility of the Project shall be presented in a

fashion to enable a clear understanding of the financial inflows and

outflows of the projected rents and any other financial returns to the City

over a projected ten-year period. Proposers shall also include projected

profit and loss runs, and an integrated financial cash flow projection

showing the phased renovation, building, and completion schedule. The

proposal shall not depend upon any government funds; subsidies,

governmental credit enhancements, loans, loan guarantees, or other

governmentally sponsored financial mechanism.

Cash Flow Analysis: The Proposer shall also include an IRR cash flow

analysis integrating revenues, operating expenses, renovation costs, and

debt service for the renovation and building period and first ten (10)

years of the Project’s operation. IRR Revenue projections shall be

reasonable and realistic and shall be based on relative historic data

whenever possible. The analysis shall be structured and presented in a

manner which enables the testing of alternate assumptions on the

financial feasibility of the Project.

(6) Description of Proposed Improvements: The successful Proposer

must make the required improvements described below in Section VI

(F)(7) below as well as any additional proposed

renovations/redevelopment to the Property at its sole cost and expense.

Any and all improvements to the Property will require prior City consent.

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Proposer shall describe any themed aspects of the proposed décor for the

restaurant component and ancillary services which are intended to

enhance the market draw to prospective patrons.

List the proposed improvements in Question VII of the Proposal

Summary Form (Attachment 4). Provide detailed illustrative drawings

that demonstrate plans to redesign, upgrade, renovate or improve the

existing facility or redevelop the Property, as well renderings and a Site

Plan as attachments to the proposal.

The Site Plan must include the following elements:

(a) Required Site Plan: Provide a site plan showing the proposed layout

of all project components, including all additional ancillary facilities

to be provided, including the size, dimensions and configuration of

buildings to be reconstructed and/or renovations.

The scale for illustrative drawings and site plans shall be as follows:

Scale for Site Plans: 1” = 40’-0”

Scale for Building Plan Elevations: 1/8” = 1’-0”

(Provide elevations for all sides of the buildings)

Scale for Plans and Elevations for Building Hangars: 1/16” =

1’-0”

Scale for any Enlarged Plans of Area and Buildings: 1/8” = 1’-

0”

The Site Plan shall include the following elements:

Lighting: Proposers shall provide sufficient outdoor lighting for the

Property.

Signage: Proposers shall provide a comprehensive, unified signage

plan for the entire site which must comply with all Zoning

requirements.

Buffering Features: Proposers shall improve the access points from

Rickenbacker Causeway with aesthetically attractive buffering

features through hardscape or softscape elements.

(b) Required Renderings: Proposers shall provide renderings depicting

overviews of the structures and Property, including perspectives

from Rickenbacker Causeway, the waterfront, from within the

Project. Renderings should also include the architectural

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elements/features, parking, open spaces, expanded baywalk and

signage.

(7) Required Redevelopment:

(a) Marina Redevelopment: The Proposer must include a detailed

redevelopment plan for the individual marina/boatyard, restaurant

and ship’s store components of the Property. The successful Proposer

shall include the following improvements to maximize boating

access and transient dockage participation reflecting concepts in the

Master Plan and all applicable government regulations and agencies:

i) Reconstruct the two (2) marinas to provide for best utilization of

available space for dry rack storage, dockage and/or other uses.

ii) Construct a new, multi-story dock master’s office, consolidating

the dock master’s facility in both marinas.

iii) Design, refurbish or reconstruct the marina pavement to meet

applicable design criteria for appropriate vehicles and loads to

result from the proposed marina use in visually appealing

manner.

iv) Construct and install approximately 300 additional wetslips and

renovate the bulkhead alongside these wetslips, subject to all

applicable rules and regulations.

v) Maintain the existing 648 dry racks on-site and 190 existing

wetslips during the Lease Term.

vi) Provide an 11 foot wide baywalk in accordance with the Virginia

Key Master Plan.

vii) Plan, design, permit and construct a public boat ramp and floating

dock, which shall be to the northwest of Miami Marine Stadium,

and shall comply with the Virginia Key Master Plan.

The successful Proposer must maintain the dock/bulkhead wall

in good condition and repair for the duration of the Lease. The

successful Proposer is encouraged to contact the State of Florida

Board of Trustees of the Internal Improvement Trust Fund

(“TIITF”) should it wish to secure additional submerged lands

for dockage.

Proposer shall bear all costs or payments to the State in

association with state approval process. Failure to pay and/or

renew the lease, if applicable, of any additional submerged lands

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under the control of TIITF shall result in a default of the entire

Lease.

(b) Restaurant Redevelopment/Renovations:

Major renovations to the restaurant are at the option of the successful

Proposer, however, the Proposer must ensure that the restaurant

facility is in full compliance with all current and applicable local,

state and federal code requirements including all applicable ADA

requirements. The successful Proposer shall maintain the restaurant

in good condition and repair for the duration of the Lease.

Proposer will construct and operate the Project at the Proposer’s own

risk without benefit of financial guarantees from the City. However,

the City has an obligation to its residents to ensure that the Project is

completed, or failing that, that the Project not be abandoned after

commencement. Accordingly, the Proposer shall describe the terms

and conditions it proposes to ensure construction and operation of

the Project.

(c) Public Boat Ramp

The public boat ramp and permitted floating dock shall be located on

the northwest side of Miami Marine Stadium and the successful

Proposer will be required to provide the following services:

Planning, Civil, Surveying, Demolition, Landscape and

Architectural Design Services

Construction Administration services to include

construction bid documents, construction monitoring,

special inspections and assist with construction close-out.

(8) Proposed Renovation/Redevelopment Schedule: Proposers shall

include renovation/redevelopment schedules for the leasehold

improvements which take into account the commencement dates required

by the City and delineates the renovation or redevelopment of each

component. The City will require the proposed renovations/

redevelopment/reconstruction to have obtained all required permits

and commenced construction within eighteen (18) months from the

Lease Effective Date. All physical improvements for all project

components must be completed within twenty-four (24) months from

execution of the Lease by both parties, unless the successful Proposer

applies for and receives a waiver from the City. If modifications are

proposed, the successful Proposer shall submit a full set of plans to apply

for applicable building permits and any other applicable approvals within

180 calendar days of the Lease Effective Date, and construction must be

complete within one year of the permit approval date. City will use its best

efforts to provide alternative locations which are reasonably contiguous

for the continuing operation of the facility during renovation or

redevelopment of facilities. The successful Proposer will be able to

reasonably use existing on-site parking and parking at a proposed parking

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garage to be built to the south of the City’s existing Marine Stadium

Marina site.

(9) Infrastructure Cost Estimate: Proposers shall prepare and submit

estimates of the initial infrastructure costs of the Project. The estimates

shall be complete in that no cost elements are excluded, realistic in that

quantities and prices used in developing the estimate reflect actual market

level or best estimates of future price levels and credible in that the

estimating methodology used is consistent with applicable industry

standards and practices.

For the purposes of this requirement, “infrastructure costs” shall mean all

costs associated with roads, utilities such as water, sewer and electricity.

(10) On-Going Capital Infrastructure Costs: This section shall include all

elements or components of the capital assets that require future

expenditures beyond normal maintenance, or replacement at the end of

their economic life that are expected to occur within the Lease Term.

Along with each element of on-going capital costs, Proposers shall

estimate the corresponding contingency allowance with the estimate for

each cost element. The successful Proposer will be required to

contribute 1% of gross revenues to a Capital Infrastructure Escrow

Account (per defined escrow requirements) to fund on-going capital

infrastructures costs.

Proposers shall describe in detail all sources of operations and maintenance

funds for the Project. No government funds, subsidies, governmental

credit enhancements, loans, loans guarantees, or other governmentally

sponsored financial mechanism shall be proposed for the operation or

maintenance of the Project. The successful Proposer shall maintain the

Property in a first-class operating condition according to the acceptable

industry standards and applicable codes for each type of business aspect.

The City has the right to inspect the Property at any time and will provide

notice of any repairs that are deemed necessary to comply with the

standards stated above. If repairs have not commenced within 30 calendar

days of notice from the City, the City has the right to self-perform the

repairs and invade the security deposit for that purpose. If it becomes

necessary for the City to self-perform repairs, the City will prepare a cost

estimate of the work to be performed. If the cost of necessary repairs

exceeds the Security Deposit, the successful Proposer will have thirty (30)

calendar days from the receipt of notice to provide additional necessary

funds, or shall be considered a default with no cure period. This or any

other funds needed to address default conditions will be considered as

additional rent for the following applicable monthly period after the repairs

are completed and an invoice is presented, and will be used to replenish

the Security Deposit as necessary. The City may elect, at its own

discretion, to invade the Capital Infrastructure Escrow Account described

above in order to self-perform repairs.

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(11) Proposer’s Organizational Chart: The Proposer must provide an

organizational chart and detailed information about the Proposer, related

entities, and members of its operations and management team who will

manage and operate the marina, restaurant and other business facilities

(“Project Team”) and the Proposer’s team of architects, engineers and/or

general contractors (“Development Team”) who shall renovate or

redevelop the Property. The organizational chart shall graphically depict

the Proposer’s relationship with any parent organization(s) and/or affiliate

organizations or entities, if any, as well as the respective operations,

management and construction roles (e.g. architect, engineer, general

contractor) played by each team member or entity comprising the Project

Team or Development Team. Proposers that include as part of their team

foreign nationals or foreign entities must fully comply with all of the

requirements of the Patriot Act. Those Proposers who do not comply shall

be automatically disqualified from further consideration in this RFP

process.

(12) Threshold Qualification Standards:

Each Proposer shall meet the following five (5) minimum requirements:

(a) Either a member of the Project Team or staff must have a minimum

of ten (10) years’ experience with a marina of similar size and

complexity; a minimum of ten (10) years active experience and

responsibility for daily operations of the restaurant, as well as a

minimum of five (5) years’ experience for each additional business

use proposed to be operated by the successful Proposer.

(b) Either a member of the Project Team and the Proposer (the latter as

applicable) or its staff must have played a leading role with principal

responsibility for the design of a project(s) of similar size,

complexity and constraints as the facilities and uses proposed.

(c) Any of the principals or Project Team members must have

successfully developed and obtained financing for at least one project

of similar size, complexity with similar uses and constraints. For the

purpose of this RFP “Project Team” is defined as the group of

persons managing and operating the marina and restaurant facility,

including the principal(s) submitting the proposal and with whom the

City would enter into a Lease for the Property, if awarded.

The Project Team or any of its principals must have secured or

provided, at minimum, twenty million dollars $20 million or more in

financing for at least one (1) single project.

(d) The Minimum Level of Investment associated with the

improvements (buildings, facilities, Parking facility, docks and

equipment) shall be twenty five million dollars ($25,000,000), which

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shall include environmental remediation costs and the

aforementioned Security Deposit.

(e) Minimum Financial Returns and Non-Financial Returns to the

City: Proposals shall include a stated commitment of annual lease

payments to the City in the form of a minimum guaranteed base rent

(“Base Rent”) plus a percentage(s) of gross revenues (“Percentage

Rent”), and any other proposed lease payments, as well as a stated

commitment to adhere to the City Charter requirement for

compensation equal to fair market value. Proposals shall detail other

financial benefits to the City such as estimated property taxes, and

other non-financial benefits such as new jobs created. The rent shall

be inclusive of a Minimum Base Rent plus an additional amount of

Percentage Rents defined below.

Proposals shall include a Base Rent, which shall be no less than two

million one hundred and fifty thousand dollars ($2,150,000.00) per

annum. Rent shall be payable in equal monthly installments. A

proposal will also be deemed non–responsive if it does not provide a

minimum return to the City on the uses (gross revenues referenced

below as to be defined per the Lease):

6% of gross revenues for the restaurant;

15% for the marina operation (non-fuel);

15% on gross fuel profits (gross fuel profits defined as gross

fuel sale price per gallon minus cost of delivered fuel per

gallon);

5% for the ship’s store or any other marine-related sales other

than those described above.

(13) Project Team Qualifications and Experience: Provide the legal entity

name of the Proposer and the names of all the principals having an

ownership role in this legal entity on Attachment 4 (“Proposal Summary

Form”).

(a) Bio-Sketches: In the proposal narrative, Proposers shall provide

bio-sketches of each Project Team member which demonstrates that

each key Project Team member has the professional qualifications

and credentials to successfully undertake and complete a particular

project component (e.g. marina, restaurant, etc.).

(b) Minimum Qualifications: The Proposer must demonstrate that it

has the applicable number of years of experience in the management

and successful operation of marina, restaurant and any ancillary

facilities of equal size and complexity as detailed in the threshold

standards in Section VI(F)(12) of this RFP. The Proposer should

provide the overall years of experience for each project component

in narrative form and/or on Attachment 5 (“Project Team

Experience”).

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The Management/Operations Team as a whole must have the

requisite expertise, financial and management capability to develop

a marina/restaurant destination facility of similar scope and

complexity as identified in the project objectives.

(c) Project Team Experience Forms (Attachment 5): On Attachment

5, list the key personnel comprising the Project Team who will be

utilized in each project component (e.g. marina, restaurant, ship’s

store, etc.). Provide their positions or titles on the Project Team

Experience Forms attached and incorporated herein as Attachment 5.

For each member of the Proposer, the Proposer shall complete and

provide a list of completed representative projects according to the

following criteria:

i. current project function or role, i.e., restaurant operator,

restaurant manager, restaurant owner; marina management,

marina operation, etc.;

ii. years of experience gained working on representative projects;

iii. dollar ($) sales volume of business operations for these

representative projects (specifying which type of project

component, e.g. marina, restaurant, ship’s store, etc.).

Unless the City Manager specifically authorizes it, Proposers

may not make any additions or modifications to the proposal

responses, nor the Project or Development Team, subsequent to

the RFP submission deadline.

(14) Development Team Composition: Proposers shall submit evidence of the

qualifications of the professional team of architect(s), engineer(s), general

contractor(s), landscape architect(s) and consultant(s) who will undertake

and complete the renovation or development of the proposed project. The

Proposer and/or its consultant(s) shall, at minimum demonstrate

professional expertise in the disciplines outlined below.

(a) Architect: The Proposer shall have at least one (1) architect licensed

and registered in the State of Florida as required by Chapter 481, Part

I, Florida Statutes, Architecture and shall have substantial experience

in the design and renovation of the specified Required Uses.

(b) Landscape Architect: The Proposer shall have at least one (1)

landscape architect licensed and registered in the State of Florida as

required by Chapter 481, Part II, Florida Statutes, Landscape

Architecture and shall have substantial experience in the design and

renovation of the specified required uses.

(c) Engineer: The Proposer shall have at least one (1) engineer, licensed

and registered in the State of Florida as required by Chapter 471,

Florida Statutes.

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(d) General Contracting and/or Construction Management: The

Proposer shall have at a minimum one (1) General Contractor

licensed in the State of Florida, as required by Chapter 489 Part I,

Florida Statutes, who shall have substantial experience in managing

and performing construction of facilities of similar type and scope as

the Required Uses and ancillary facilities described in the proposal.

(15) Local Firm Participation: Proposers are encouraged to include in the

composition of the Proposer, businesses or firms that are located in the

City. A local firm or office shall be defined as a firm having its primary

business office established within the City’s municipal limits. City

occupational licenses, along with the appropriate office location affidavit,

office lease, office utility payments and similar documents shall be

provided as proof of location for businesses located in the City. Please see

the definition of Local Office set forth in section 18-73 of the City Code

for the specific requirements.

For evaluation and scoring purposes, additional points shall be given to

those proposals which include one or more of the following outreach

components:

(a) To enhance local participation within the Proposer’s management or

Development Team;

(b) To make special outreach efforts to include and hire local, City

residents as construction labor;

(c) Use of training skills center to facilitate local participation and hiring

in relation to leasing, management, operation and maintenance of the

facilities.

(16) Boat Show Compatibility: The proposal shall allow for and be

compatible with the Boat Show. Successful Proposer shall enter into an

access agreement with NMMA. In no way may the proposed project

interfere with or affect the Boat Show, any exhibitor tents, or any of the

footprint, in a manner that would diminish the amount of square footage

provided to the Boat Show by two percent (2%) or more. Additionally,

the structural foundations and other such improvements installed by the

Boat Show prior to execution of the Lease, shall not be removed, and shall

remain undisturbed and unaffected. Improvements will not interfere with

Structures A5 and A6, as shown in Exhibit H.

(17) Earnest Money Deposit: Proposers shall provide an

irrevocable/unconditional Letter of Credit or cashier’s check, drawn on a

financial institution authorized to do business in Florida, providing one

hundred thousand and 00/100 dollars ($100,000.00) to be submitted

together with the proposal. This amount shall be refunded to Proposers

that are not selected. Once a Proposer has been chosen, the Earnest Money

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Deposit shall be increased to an amount equal to ten percent (10%) of the

total estimated cost of construction described in the Proposal prior to

execution of the Lease.

VII. REFERENDUM REQUIREMENT

The Lease will not be valid until it has been presented and approved per the

requirements of the City Charter at the March 15, 2016 election as a referendum item. If

the voters reject the proposed transaction, the Project shall be terminated. In the event of

such a termination, the successful Proposer has no vested rights, or property rights, title or

interest in the Property or to the Project, or any claim upon the City for any expenses

incurred in the proposal process. There will be no recourse from a failure to the Lease to

be approved by referendum as it is a Charter requirement. Lease negotiations must be

substantially concluded in time to be considered by the City Commission for placement on

the March 15, 2016 election ballot. In the event that said negotiations are not timely

concluded, Proposer has the option to pay for a special referendum election at a cost of

approximately $1 million.

VIII. LEASE TERMS

In order to be considered for the award of this RFP, the successful Proposer must

accept the Lease attached herewith as Attachment 9. Certain provisions of the Lease shall

remain non-negotiable, including, but not limited to, any and all items required by this RFP,

as well as those provisions relating to indemnification, hold harmless, insurance, and

guarantees. In the event of a conflict between the terms of this RFP and the form Lease

included herein as Attachment 9, the terms of this RFP shall govern, until such time that the

Lease is negotiated and executed between the parties. Once the Lease is executed, the terms

contained therein shall govern. The City may make additional changes to the Lease prior

to execution in order to ensure consistency with the terms of this RFP, subject to review

and approval by the City Attorney.

IX. EVALUATION CRITERIA

The City will use the following Evaluation Criteria and Scoring Values to evaluate

the proposals.

Criteria Weighted

Value

Overall Project Design/Proposed Renovation and Activities & Projects

Compatibility and enhancement of Master Plan features

Compatibility between required and proposed uses.

25

Proposer’s Team Experience, Financial Capacity & Operational History

Relevant experience in all required use disciplines incorporated into

the business plan.

25

Management & Operational Plan

Marketing Plan

Evolving business plan

15

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Improved efficiencies of marina operation and site utilization

Effective use of site during construction/redevelopment

Financial Returns to the City

Reasonableness of Revenue Forecasts (based on applicable historic

data when available)

Highest projected return to the City.

Highest Minimum Base Rent to the City.

30

Extent of Local Participation

Hiring of City residents

Use of City contractors

Local Firm Participation

5

Total 100

X. ANTICIPATED SELECTION SCHEDULE

Anticipated Selection Schedule Dates

RFP Available to Public/Date of Issuance June 15, 2015

Optional Pre-Proposal Submission Conference

and Site Visit July 8, 2015

Deadline for Questions August 28, 2015

Proposal Submission Deadline September 28, 2015

Recommendation from the City Manager to City Commission November 19, 2015

Adoption of Legislation Authorizing Exclusive Lease

Negotiations November 19, 2015

XI. BID PROTESTS

In accordance with City Code Section 18-72(b)(2), real property is specifically

excluded from the provisions of Chapter 18, Finance, Article III, City Procurement

Ordinance. However, Proposers wishing to protest this RFP solicitation must follow the

procedures below.

1. Protest of Solicitation.

Any prospective proposer who perceives itself aggrieved in connection with the

solicitation of the RFP, may file a written protest to the Director of Real Estate &

Asset Management, City of Miami, 444 SW 2nd Avenue, 3rd Floor, Miami, FL.

33130 by U.S. mail return receipt requested or by email via

abustamante@miamigov.com. A written notice of intent to file a protest shall be

filed with the Director of Purchasing within three (3) business days after the Request

for Proposals is published in a newspaper of general circulation. A notice of intent

to file a protest is considered filed when received by the Director of Real Estate &

Asset Management.

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2. Protest of Award.

Any actual proposer who perceives itself aggrieved in connection with the

recommended award of Contract may protest to the Director of Real Estate & Asset

Management. A written notice of intent to file a protest shall be filed with the

Director of Real Estate & Asset Management within three (3) business days after

receipt by the proposer of the notice of the City Manager’s recommendation for

award of a Lease. The receipt by proposer of such notice shall be confirmed by the

City by electronic mail or U.S. mail, return receipt requested. A notice of intent to

file a protest is considered filed when received by the Director of Real Estate &

Asset Management.

The written protest may not challenge the relative weight of the evaluation criteria

or the formula for assigning points in making an award determination. The written

protest shall state with particularity the specific facts and law upon which the protest

of the solicitation or the award is based, and shall include all pertinent documents

and evidence and shall be accompanied by the required Filing Fee as defined in

subsection (f) below. This information shall form the basis for review of the written

protest and no other facts, grounds, documentation or evidence not contained in the

protester’s submission to the Director of Real Estate & Asset Management at the

time of filing the protest shall be permitted in the consideration of the written protest.

No time will be added to the above limits for service by mail. In computing any

period of time prescribed or allowed by this section, the day of the act, event or

default from which the designated period of time begins to run shall not be included.

The last day of the period so computed shall be included unless it is a Saturday,

Sunday or legal holiday in which event the period shall run until the next end of

business day.

3. Authority to resolve protests.

The Director of Real Estate & Asset Management shall have the authority, subject

to the approval of the City Manager and City Attorney, to settle and resolve any

written protest. In cases exceeding $25,000 the decision of the Director of Real

Estate & Asset Management, after a favorable recommendation by the City Manager

and City Attorney, will be submitted to the City Commission for approval or

disapproval.

4. Compliance with filing requirements.

(a) Filing a Protest. Failure of a party to timely file either the notice of intent to

file a protest or the written protest, together with the required Filing Fee as

provided in Section (d) below, with the Director of Real Estate & Asset

Management within the time provided in Section 1 and 2 above, shall

constitute a forfeiture of such party's right to file a protest pursuant to this

section. The protesting party shall not be entitled to seek judicial relief

without first having followed the procedure set forth in this section.

(b) Stay of Award During Protests. Upon receipt of a written protest filed

pursuant to the requirements of this section, the City shall not proceed further

with the solicitation or with the award until the protest is resolved by the

Director of Real Estate & Asset Management or the City Commission as

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provided in Section 3 above, unless the City Manager makes a written

determination that the solicitation process award must be continued without

delay in order to avoid an immediate and serious danger to the public health,

safety or welfare.

(c) Costs. All costs accruing from a protest shall be assumed by the protestor.

(d) Filing Fee. The written protest must be accompanied by a filing fee in the

form of a money order or cashier’s check payable to the City in an amount

equal to one percent of the amount of the proposed Bid, or $5,000.00,

whichever is less. The filing fee shall guarantee the payment of all costs

which may be adjudged against the protestor in any administrative or court

proceeding. If a protest is upheld by the City Manager, Director of Real

Estate & Asset Management and/or the City Commission, as applicable, the

filing fee shall be refunded to the protestor less any costs assessed under

Section (c) above. If the protest is denied, the filing fee shall be forfeited to

the City in lieu of payment of costs for the administrative proceedings.

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Tomás Regalado, Mayor

Wifredo (Willy) Gort, Commissioner (District 1)

Marc D. Sarnoff, Commissioner (District 2)

Frank Carollo, Commissioner (District 3)

Francis Suarez, Commissioner (District 4)

Keon Hardemon, Commissioner (District 5)

Daniel J. Alfonso, City Manager