TABLE OF CONTENTS. Management Team Experience Forms

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3 TABLE OF CONTENTS I. EXECUTIVE SUMMARY II. III. IV. GENERAL STANDARD CONDITIONS DESCRIPTION OF PROPERTY PROPOSAL OBJECTIVES V. REQUIRED PROJECT COMPONENTS VI. VII. VIII. IX. PROPOSAL SUBMISSION REQUIREMENTS LEASE TERMS EVALUATION CRITERIA AND SELECTION SCHEDULE BID PROTESTS ATTACHMENTS ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8 Registration Form RFP Checklist Proposal Summary Form Recent Financial History Management Team Experience Forms Entity Certification Forms Disclosure and Disclaimer Form Lease Agreement APPENDICES APPENDIX A: PROPERTY INFORMATION Folio Boundary Parking Areas Map Miami Zoning Code Map of Miamarina APPENDIX B: REFERENCE MATERIALS City Charter and City Code Selections City Charter Section 3 Powers City Charter Section 29B - City-owned Property Sale or Lease Generally City Code Section Conflicts of Interest City Code Section Cone of Silence City Code Sections to Waterfront Improvements City Code Section 53-1 Ticket Surcharge 2

4 Please note the materials in Appendices A & B above are included for informational purposes only, and Proposer(s) should not rely upon the included information without further investigation. 3

5 DANIEL J. ALFONSO City Manager January 25, 2016 The City of Miami ( City ), by the issuance of this Request for Proposal ( RFP ), invites proposals from Tour Boat Operators ( Proposer(s) ) that are interested in docking, maintaining, and operating a boat, ship or other vessel ( Tour Boat ) at Miamarina, located in the center of Downtown Miami, Florida. For the purposes of this RFP, Tour Boat Operators are those that give tours to passengers in or around Biscayne Bay and/or the Miami River. The goal of this RFP is to offer guests many of which are tourists enjoying Miamarina, Bayside Center, and the forthcoming SkyRise Miami with a state-of-the-art, maritime experience which showcases the City. This RFP s intent is to identify qualified companies with the experience to develop, maintain, and beautify the marina, as well as operate and manage the Tour Boat(s) ( Project ). The successful Proposer(s) will enter into a long-term lease with the City to utilize a certain number of wet slips, or a TBD amount of linear feet of commercial dock space, located at 301 Biscayne Boulevard, Miami, Florida ( Property ). This RFP contains information regarding the Property, the Project, proposal submission requirements, 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 program, operations schedule, financial plan, and lease proposal responding to all requirements of the RFP. The City will conduct an optional Pre-Proposal Submission Conference and Site Visit ( Pre- Proposal Submission Conference and Site Visit ) for all prospective Proposer(s) on February 10, 2016, at 10:00 AM, at Miamarina, 301 Biscayne Boulevard, Miami, Florida 33132, to answer questions and/or clarify the statements and requirements contained in this RFP. The City will conduct a Site Visit of the Property following the Pre-Proposal Submission Conference. Proposals must be received by no later than April 27, 2016 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 The City will not consider improperly delivered, late, or incomplete proposals. A list of all Proposer(s) will be made public the following business day. 4

6 The successful Proposer(s) 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 5

7 I. EXECUTIVE SUMMARY Location 301 Biscayne Boulevard, Miami, Florida, Specific slip locations shown in Appendix A ( Property Map ). Project Opportunity Required Uses Land Use Designation Zoning Designation Lease Term Wet Slip Maximum This RFP provides various boat slips or linear footage of dock space located at Miamarina, as described herein, to provide licensed boat tours and charters ( Project ). The operation of tours, charters, docking, loading, and unloading passengers for all tour boat operations, including ticket sales. ( Required Uses ). Civic Space/Parks T6-8-O Successful Proposer(s) shall execute a Lease Agreement ( Lease ) thirty (30) days after City Commission approval which will include a five (5) year term. Proposers may bid on one (1) or more slips to use in furtherance of the Project. In no event may a Proposer bid on more than four (4) slips. However, a Proposer that bids on four (4) slips may have a non-controlling interest in additional slips as a limited partner or minority shareholder of another Proposing entity. Proposers bidding on more than one slip must indicate whether they would be willing to accept a lease for a lesser number of slips. Proposers that are unwilling to accept a lesser number of slips than proposed will be deemed non-responsive if the requested amount of slips is no longer available (due to ranking priorities resulting from Selection Committee deliberations). Rents Upon the effective date of the Lease Agreement ( Lease Effective Date ), the successful Proposer(s) shall pay a minimum guaranteed base rent of $33.00 per foot per month for each slip ( Minimum Base Rent ) subject to escalation requirements and a per customer surcharge based on the price of tickets sold ( Ticket Surcharge ), as further defined under section VI(D)(xi) herein. Minimum Base Rent and 6

8 Ticket Surcharge will be payable in monthly installments to be paid within fifteen (15) days into the following month. Additional Rent may be applicable. Rent Adjustment Commencing on the first anniversary of the Effective Date of the Lease and on each anniversary thereafter during the Term, the per annum Minimum Base Rent amount shall be adjusted to an amount equal to the product of the Reference Year Minimum Base Rent multiplied by a fraction, the numerator of which is the Consumer Price Index number as of three (3) months prior to the beginning of the applicable adjustment date, and the denominator of which the Consumer Price Index number as of three (3) months prior to the Effective Date. In no event shall any such annual adjustment to the Minimum Base Rent result in an increase which is less than One Percent (1%), or more than Five Percent (5%), of the Minimum Base Rent amount immediately prior to the effective date of such adjustment. Registration Fee Background and Credit Check Fee Only those entities who register can participate in this RFP. For registration, as an official respondent, all Proposer(s) must submit a non-refundable fee of $ in the form of a cashier s check, money order, or official bank check made payable to the City of Miami. A registration form must also be completed and mailed to the City with a copy to CBRE at the addresses listed below. A $5, non-refundable fee is required by all Proposer(s) who submit a proposal. This amount shall be in the form of a cashier s check, money order, or official bank check made payable to the City of Miami. The fee will pay for the cost of a background and credit check of the Proposer(s). Security Deposit The successful Proposer(s) shall pay an initial, annual Security Deposit, equal to 100% of the Proposer s annual Minimum Base Rent, as further detailed in the attached Lease. 7

9 Sale of Lease The Lease may be sold during the lease term. The City shall be entitled to proceeds from any such transfer, with the City s participation amounting to ten percent (10%) of gross proceeds from the sale if the Lease is assigned or otherwise transferred or sold within Lease Years one (1) through three (3); and seven percent (7%) if transferred within Lease Year four (4) and five (5). The fee shall be based on the gross sale or transfer amount. However, the Lease may be collaterally assigned, during the entire Lease Term, to a financial institution. Optional Pre-Proposal Submission Conference and Site Visit Proposal Due Date and Location To Register and for Further Information Contact Details to be published on the Department of Real Estate and Asset Management website and sent, by , to prospective Proposer(s). April 27, 2016, 2:00 PM (EST) Office of the City Clerk, City of Miami City Hall 3500 Pan American Drive, First Floor Counter Miami, Florida Attn: Andrew Schimmel, Senior Project Representative, Department of Real Estate and Asset Management Mr. Andrew Schimmel Department Real Estate and Asset Management City of Miami Riverside Center, 3 rd Floor 444 SW 2 nd Avenue Miami, Florida ASchimmel@miamigov.com (305) Fax or Mr. Jason Spalding CBRE Marina Services 200 East Las Olas Boulevard, Suite 1620 Fort Lauderdale, Florida jason.spalding@cbre.com (954) Fax 8

10 II. GENERAL STANDARD CONDITIONS A. Cone of Silence This RFP process is subject to Section 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(s) or their representative(s), including lobbyists, shall be limited to written communications until such time as the City Manager recommends a Proposer(s) and Lease 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 Proposer(s) and appropriate City Planning and Zoning staff to discuss the applicability of Planning and Zoning requirements. The City shall bear no responsibility for Proposer(s) design decisions or assumptions. The City shall furnish any responses to written questions or requests through an Addendum to this RFP within fifteen (15) days of 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 and Asset Management website. B. Proposer(s) Responsibility to Investigate Project Opportunity The information contained in this RFP is published solely for the purpose of inviting Proposer(s) to consider the project described herein. Prospective Proposer(s) 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. C. Existing Facilities, Improvements, and Required Uses The City offers the Property and its improvements as is, where is for renovation or redevelopment, long-term lease, operation and management. The successful Proposer(s) may renovate the existing improvements or 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. D. Existing Utilities Water, sanitary sewer, electric and telephone utilities are currently available on the Property. Proposer(s) may obtain detailed plans showing underground utility installations from the City s Public Works Department, 444 SW 2 nd Avenue, 8 th Floor, Miami, Florida For additional information, please contact the respective utilities. The successful Proposer(s) 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(s) may relocate the existing utilities at its sole cost and expense. E. Environmental Conditions 9

11 The City is leasing the Property as is, where is without any representation regarding its environmental condition. Proposer(s) will have an opportunity to inspect the Property during the Site Visit; for due diligence inspections; and, prior to taking possession. F. Regulatory Process: Permitting and Licensing This Property will require various permits and approvals. Each Proposer(s) is responsible for determining the specific permits and approvals required for the Project. The successful Proposer(s), at its sole cost and expense, shall be responsible for acquiring all required permits, licenses, and approvals from all appropriate governmental agencies. Additionally, all improvements must comply with applicable building, fire, 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(s) 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) and the State of Florida Department of Environmental Protection (DEP). The information contained herein is intended to help the Proposer(s) determine the applicable requirements and is not meant to be an exhaustive summary of all permits, licenses, and approvals required. G. Zoning Any details provided herein, regarding the zoning process, are for convenience only. Proposer(s) should not rely upon said details. Proposer(s) are responsible for obtaining information directly from the appropriate City Planning and Zoning departments, as it relates to their specific plans for maintaining the existing use and/or plans for remodeling, upgrading, renovation, and/or redevelopment of the Property, as applicable. Any meetings with City staff, regarding specific plans, shall be considered outside the Cone of Silence. Proposer(s) are responsible for pursuing any zoning changes and/or board or City Commission approvals necessary to implement the concept proposed in their RFP proposal, so long as the concept is supported by the City as property owner. Proposer(s) should not consider zoning approvals as permit approvals. The Proposer(s) must obtain permit approvals separately for each aspect of the Project. Whenever possible, the City agrees to assist the successful Proposer(s) with its permitting process. H. Flood Zone A preliminary review of the Property shows the following: 301 Biscayne Boulevard Zone: T6-8-O, Urban Core Open Transect Zone Base Flood - Elevation: 9 (Coastal A Zone) 10

12 All structures constructed at the Property must conform to the appropriate Flood Zone requirements. (See Flood Zone Map in Appendix A). I. Design Review The Project design shall be subject to review and approval by appropriate City departments and/or agencies. J. Background Check/Disqualification The City will perform, or cause to be performed, a complete background and credit check of the Proposer(s) - the proposing entity and its principals - as well as reference checks on the principals of the proposing entity. Proposer(s) shall pay a background check fee in the amount of $5, to cover these costs. The City shall not deem any proposal responsive, nor enter into a Lease with any Proposer(s) or any principals of a proposing entity which: (i) are in arrears to the City for any debt or obligation; (ii) have 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 any litigation or a legal dispute involving a real estate venture within the past ten (10) years; (vii) have past, present or pending bankruptcies or foreclosures within the past seven (7) years on projects it/they have owned or controlled; and/or (viii) have caused any City-owned land or improvements to incur environmental damage, environmental contamination liability, or any other liabilities. K. Failure to Disclose Information Should a Proposer(s), or any principals, fail to disclose information relating to the following: (i) outstanding arrearages or indebtedness with the City; (ii) uncured defaults or its 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) past, present or pending bankruptcies or foreclosures within the past seven (7) years on project it/they have owned or controlled; and/or (vii) its/their role in causing any City-owned land or improvements to incur environmental damage, environmental contamination or liability or any other liabilities, the Proposer shall be automatically disqualified from further consideration in this RFP process. L. Proposal Submissions This Project has been identified by the City to be a RFP, for which review procedures, the selection process, and submission guidelines are set forth herein. The City reserves the right to allow the City Manager to reject all proposals. M. 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 Proposer(s) to cure non-material, non-substantive defects in any proposals. If notified 11

13 of such a deficiency, the Proposer(s) shall correct such deficiency within five (5) business days of notification. Those proposals that comply with all requirements will be deemed responsive. N. Technical and Financial Review The City Manager shall constitute a Technical Review Committee and a Financial Review Committee to review proposals for the purposes of feasibility, related to planning and zoning restrictions, and financial capabilities. The Technical Review Committee and Financial Review Committee shall each consist of three (3) members. The Technical Review Committee and Financial Review Committee shall report exclusively to the Selection Committee. O. Selection Committee Subsequent to the Administrative, Technical and Financial Review Committee reviews, 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 Technical or Financial Review Committees to serve on the Selection Committee. Selection Committee members shall have experience in the marina industry and/or tour boat operations of this nature. Additionally, Selection Committee members shall not have any financial interest nor play any role, whatsoever, in any proposals being submitted for consideration to this RFP. Said actions will constitute an impermissible conflict of interest. Any such conflict of interest will automatically disqualify the Proposer(s) in question. The Selection Committee shall rely, primarily, on the documentation submitted in the proposal; however it may also obtain information through a presentation immediately followed by an interview period. The Selection Committee will: (i) evaluate proposals; (ii) consider the minimum threshold standards; (iii) evaluate criteria and scoring values assigned; and, (iv)consider comments made by the Technical and Financial Review Committees. Each Selection Committee member shall rank Proposer(s) based on allotted scores. The Selection Committee shall render a written report, to the City Manager, of its evaluation of all responsive and responsible proposals and provide a ranking order of the proposals. The Selection Committee has the authority to recommend one or more, or none of the proposals, as it deems to be in the best interest of the City. Written justification of its findings shall accompany the Selection Committee s recommendation. P. City Commission The City Commission may accept the recommendation of the City Manager, may reject all proposals, or may seek a recommendation directly from the Selection Committee. Q. 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, the successful Proposer(s) shall not have any vested rights, nor title or interest in the Property or in the Project proposed herein. 12

14 A non-responsive submittal is a proposal which does not conform in all material respects to the RFP. A non-responsible Proposer(s) is one that does not have the capability in any or all respects to fully perform the requirements set forth in the proposal, the Lease, or that does not have the 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 Proposer(s). 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 a successful Proposer(s), the City may then successively negotiate with and accept the subsequent ranked Proposer(s) selected by the Selection Committee or terminate the RFP process and re-issue a solicitation. R. Negotiation and Execution of Lease The successful Proposer(s) shall be required to enter into a lease with the City. The successful Proposer(s) shall negotiate Minimum Base Rent escalations and rent commencement dates with City staff. III. DESCRIPTION OF PROPERTY A. Property Boundaries The Property is located at 301 Biscayne Boulevard, Miami, Florida. This is in the heart of Downtown Miami, on Biscayne Bay, at the west end of Government Cut. The City s marina is located south of the American Airlines Arena. Bayfront Park is located south of the Property. The Port of Miami is east of the Property. The Port of Miami is the largest cruise-ship port in the world. In 2014, 4.9 million passengers traveled through the port. The newly built Museum Park is located north of the American Airlines Arena. The Property is located a short distance from South Beach and Parrot Jungle Island. (See attached Property Map, Appendix A). 301 Biscayne Boulevard Folio B. Existing Parking There are numerous parking opportunities located near the Property. The Bayside Marketplace Parking Garage ( Garage ), is the closest to the Property. The Garage is located at: 401 Biscayne Boulevard, Miami, Florida To date, the Garage, contains, approximately, 1,100 parking spaces, with future expansion plans consisting of 448 spaces in the immediate future ( Initial Expansion ). Further, 296 spaces may be added after the Initial Expansion occurs ( Subsequent Expansion ). In addition to these, metered surface parking lots are adjacent to the Property, located along Biscayne Boulevard. C. Boat Slip Size & Components The Property consists of twelve (12) to fifteen (15) boat slips and respective docks. Total available slips shall be at the City s sole discretion pursuant to the responses received by this RFP. The boat slips and their respective docks shall be located within the Bayside Marina whose locations shall be at the discretion of the Director of the Department of Real Estate and Asset Management ( DREAM ). Current available slips consist of the following dimensions: 13

15 Slip Slip Length Slip Width Slip Depth A 70-feet 24-feet 7-feet B 70-feet 24-feet 7-feet C 70-feet 24-feet 7-feet D 65-feet 19-feet 7-feet E 65-feet 19-feet 7-feet F 65-feet 16-feet 7-feet G 65-feet 16-feet 7-feet H 70-feet 24-feet 12-feet I 55-feet 24-feet 12-feet J 65-feet 24-feet 12-feet K 58-feet 26-feet 12-feet L 65-feet 26-feet 12-feet Successful Proposer(s) will be allowed to substitute vessels, with prior written notice to the Director of DREAM, at the Director s sole discretion, provided the vessels are registered, owned, and operated by the successful Proposer(s) and full insurance coverage, pursuant to the requirements of this RFP and the Lease, are submitted as part of any substitution request. Any such request to substitute a vessel(s) will only be allowed for the purposes of vessel dimensions and/or vessel type. The Proposer(s) will not be allowed to change the use, originally proposed in their RFP proposal, during the Lease term under any circumstance. E. Transportation Links & Accessibility The Property is readily accessible via Biscayne Boulevard. Major roadways in close proximity include I-95, I-395, State Road 836, MacArthur Causeway, and Venetian Causeway. F. Zoning Category: T6-8-O, Urban Core Open Transect Approval Process in T6-8-O, Urban Core Open Transect: Regulations for development in a T6-8-O, Urban Core Open Transect zone may be deviated from by process of a Warrant which is accomplished through an Administrative Process before the Coordinated Review Committee CRC, pursuant to Section of the Miami 21 Zoning Code only if supported by the City. IV. PROPOSAL OBJECTIVES The City is seeking proposals from qualified Proposer(s) who operate tour boats and are interested in leasing slips at the Miamarina. The proposals should depict tours that are cultural and educational in nature and feature important aspects of the City s history and urban landscape. Tours may also highlight the local climate and how it was an important factor in Miami growing from a small winter retreat into a major, world-class city. Proposals should also depict how Proposer(s) will make the respective location a unique destination for Downtown residents, workers, students, visitors, and tourists while keeping with Miami s character and charm. Proposals should highlight how Proposer(s) will energize the location to achieve its potential to become a significant recreational and 14

16 entertainment venue for residents and visitors. Proposer(s) to this RFP may submit proposals for a single or various boat slips. If Proposer(s) submit a proposal for various boat slips, Proposer(s) must clearly define the uses and tours for each boat slip. V. REQUIRED PROJECT COMPONENTS The Proposer(s) must meet all required project components listed herein. All improvements must be constructed at the Proposer(s) sole expense. Any improvements Proposer(s) construct on the Property shall revert to the City at the end of the lease term. The City may assist the successful Proposer(s), by providing City documentation that may be required for zoning changes, PZAB hearings, and grant or financing applications, at the City s sole discretion, pursuant to availability, and at no cost to the City. The Proposer(s) shall develop the Project proposal taking into consideration the RFP s requirements. VI. PROPOSAL SUBMISSION REQUIREMENTS A. Proposal Deadline and Format Proposals are due at 2:00 PM, April 27, 2016, at the Office of the City Clerk, City of Miami, City Hall, 3500 Pan American Drive, First Floor Counter, Miami, Florida 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 LEASE OF CITY-OWNED WATERFRONT PROPERTY FOR TOUR BOAT SERVICES RFP NO and addressed to the attention of: Andrew Schimmel, Senior Project Representative, Department of Real Estate and Asset Management. Proposers must submit one (1) unbound original proposal in an 8½ x 11 format, one electronic copy submitted on a CD-ROM with all required attachments, plus twenty-two (22) copies of bound proposals in an 8-1/2" x 11" format. Proposers must attach all required documents listed in the Proposal Summary Form. B. Required Attachments Proposer(s) 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: i) RFP Registration Form: Proposer(s) must submit a copy of the RFP Registration Form, (attached herewith as Attachment 1) along with the $ Registration Fee, in order to register and obtain a copy of any Addenda issued prior to the submission date of this RFP; ii) iii) RFP Checklist: Proposer(s) must submit a RFP Checklist, a copy of which is attached as Attachment 2; RFP Proposal Summary Form: Proposer(s) must submit a signed RFP Proposal Summary Form, a copy of which is attached herewith as Attachment 3; 15

17 iv) Recent Financial History: Proposer(s) must submit the recent financial history of their company, including but not limited to audited financial statements for the last five (5) years. Please attach said financials hereto as Attachment 4; v) Management Team Experience Forms: Proposer(s) must complete and submit Management Team Experience Forms, attached herewith as Attachment 5, in the manner described in Section VI(B)(v) herein; vi) vii) Entity Certification Forms: Proposer(s) should select the most appropriate Entity Certification Form, copies of which are attached as Attachment 6 herewith, which matches the legal form of their business, then sign, notarize and submit this Entity Certification Form along with their RFP submission(s); and, Disclosure and Disclaimer: Proposer(s) must sign, date and submit an original of the Disclosure and Disclaimer incorporated herein as Attachment 7 herewith along with their RFP proposal submission. C. Deficient Proposals & RFP Modifications Proposals received shall meet all requirements specified within the RFP. Proposals deficient in providing the required information shall be deemed non-responsive and disqualified. Disqualified proposals shall be ineligible for further consideration. A complete proposal package shall address and conform to the requirements for Proposal Content, described below. Proposer(s) and/or proposals which do not conform to the following requirements will be automatically disqualified and ineligible for further consideration: i) Proposer(s) who are not registered or who have not paid the $ Registration Fee; ii) iii) iv) Proposer(s) who have not paid the $5, Background Check Fee; Proposal narratives which exceed fifty (50) pages (excluding required attachments and required documentation); Proposals which do not include items VI(B)(i) through VI(B)(vii) above; and, v) Proposals which do not meet the minimum financial returns to the City. D. Project Narrative Required Proposal Content Proposers shall provide a Project Narrative no longer than fifty (50) pages, at twelve (12) point font (not including the required attachments, documentation, or drawings). The Project Narrative must be signed by an authorized representative of its company committing Proposer(s) to the licensing terms, as described in this RFP, in accordance with the terms and conditions of the Lease Agreement awarded pursuant to the RFP process. The Project Narrative must identify the legal name of the company, its headquarters, address, its principal place of business, its legal form (i.e., corporation, joint venture, limited partnership, etc.), the names of its principals or partners, and whether Proposer(s) has authorization to conduct business in the State of Florida. 16

18 The Project Narrative must also indicate the name and telephone number(s) of the principal contact for oral presentation or negotiations. If the Proposer(s) is a business entity that is comprised of more than one legal participant, (e.g. Proposer(s) is a limited partnership, joint venture, etc.), then Proposer(s) must identify or cause to be identified all participants involved, their respective ownership percentages, and must summarize the role, degree of involvement, and experience of each participant. i) Description of Proposed Facilities and Amenities: Provide a description of the proposed facilities and amenities at the Property. ii) Market Analysis & Marketing Plan: Proposals shall include a: (a) (b) Market Analysis sufficient to establish the market support for the specific tour proposed based upon analysis of demand generators, competitive supply, market pricing, competitive position, and anticipated market share/capture. Marketing Plan should, 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 operations will be advertised, branding, and themed tour concepts, as well as potential co-marketing opportunities. Specific discussion shall occur during the presentation as to marketing strategies to attract international business, recreational, and the leisure tourist markets. iii) Financing Plan & Financial Capacity: Proposals shall include a financing plan, which shall provide evidence of the Proposer(s) financial capacity so it can be determined whether said Proposer(s) is capable of operating a tour company. iv) Recent Financial History: Proposer(s) shall provide recent financial history, preferably within the last five (5) years, in obtaining financing commitments, detailing the type of operations, financing source, amounts committed, etc. in Attachment 4. Proposer(s) shall detail the amount of capital, the size of the operations, and any other pertinent information, including but not limited to audited financial statements. v) Financial Feasibility: The Proposer(s) shall demonstrate the financial feasibility 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 (10) year period. The proposal shall not depend upon any government funds, subsidies, governmental credit enhancements, loans, loan guarantees, or other governmentally sponsored financial mechanism. 17

19 vi) vii) Cash Flow Analysis: The Proposer(s) shall also include a cash flow analysis integrating revenues, operating expenses, renovation costs, and debt service for a minimum of the first five (5) years of the Project s operation. Revenue projections shall be reasonable, realistic, and shall be based on relative historic data whenever possible. The analysis shall be structured in a manner which enables the testing of alternate assumptions of the financial feasibility of the operations. Description of Proposed Improvements: Any and all improvements will require prior City consent. Proposer(s) should describe any improvements which are intended to enhance the market draw to prospective patrons. List the proposed improvements in the Proposal Summary Form (Attachment 3). Provide detailed illustrative drawings that demonstrate plans to redesign, upgrade, renovate, 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: Required Site Plan: The site plan must show 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 renovated. The scale for illustrative drawings and site plans should be as follows: Scale for Site Plans: 1 = 20-0 ; Scale for Building Plan Elevations: 1/8 = 1-0 (Provide elevations for all sides of the buildings); Scale for any Enlarged Plans of Area and Buildings: 1/8 = 1-0. Lighting: Proposer(s) shall provide sufficient outdoor lighting for the Property. Signage: Proposer(s) shall provide a comprehensive, unified signage plan for the entire site which must comply with all zoning requirements. viii) Proposer(s) Organizational Chart: The Proposer(s) should provide an organizational chart and detailed information about the Proposer(s) and members of its operations and management team ( Management Team ) to manage the operations. The organizational chart should graphically depict the Proposer(s) relationship with any parent organization(s) and affiliate organization(s) or entities, if any, as well as the respective operations/management roles played by each team member or entity comprising the Management Team. 18

20 ix) Qualifications of Proposer(s) Experience in Providing Tour Boat Services: (a) (b) Management Team Qualifications and Experience: Provide the legal entity name of the Proposer(s) and the names of all the principals having an ownership role in this legal entity on the Proposal Summary Form (Attachment 3). Bio-Sketches: In the Project Narrative, Proposer(s) shall provide biosketches of each Management Team member which demonstrates each key member has the professional qualifications and credentials to successfully undertake tour boat operations. The bio-sketch must include the following: o Number of years of operation of such service; o Number of passengers transported in the past five (5) years; o Number of tours conducted in the past five (5) years; o o Experience level and number of Proposer(s) employees; and, Experience operating Tour Boats following federal, state, and local laws; rules and regulations of the United States Coast Guard and the Department of Homeland Security; and, compliance with emergency plans. (c) Minimum Qualifications: Proposer(s) should demonstrate the applicable number of years of experience in the management and successful operation of tour boat operations, as detailed in the threshold standards, below, in Section VI(D)(x). Proposer(s) should provide the overall years of experience for each Project component in narrative form and/or on Attachment 5 ( Management Team Experience ). Unless the City Manager specifically authorizes it, Proposer(s) may not make any additions or modifications to the proposals or Management Team subsequent to the RFP submission deadline. x) Qualifications Operating Tour Boat Services: For each boat slip, Proposer(s) proposes operating at, include a locationspecific plan, including documentation that describes Proposer(s) plans for the following: The development of entertainment and recreational venues for the boat slip, making it a unique destination along Biscayne Bay; Improvements Proposer(s) is willing to provide during the term of the Lease that will improve access, beautify, or otherwise update the location, and the timeline for said improvements; Future growth of the business, with additions to the fleet or expansion services within the location; 19

21 Plans to activate the location to achieve its potential to become a significant recreational and entertainment venue for residents and visitors; Maintenance of the facility; Development and implementation of an environmentally-friendly daily operations, including a recycling program for the facility, aboard the Tour Boats, as well as the use of energy-efficient Tour Boats; Maintenance plan for the facility to maintain orderly, clean, and safe premises, as well as a plan that makes use of environmentally-friendly methods of operations and cleaning, in order to protect Biscayne Bay and its marine life; Collection and disposal of all trash and recycling, including providing recycling receptacles and collecting all loose or blowing trash; and, The route and schedule for the Tour Boat(s). xi) Minimum Financial Returns and Non-Financial Returns to the City: The rent shall be the sum of Minimum Base Rent and the Ticket Surcharge which are defined below. Proposals shall include a stated commitment of monthly lease payments, to the City, in the form of a minimum guaranteed base rent for tour boat slip(s) based on a per foot basis ( Minimum Base Rent ) and a per customer surcharge based on the price of tickets sold ( Ticket Surcharge ). Proposals shall state a commitment to adhere to the City Charter requirement for compensation equal to fair market value. Proposals shall detail other financial and non-financial benefits to the City, such as new jobs created. Proposals shall include a Minimum Base Rent not less than $33.00 per foot per month for each tour boat slip. The Ticket Surcharge shall be based on the price of tickets sold and calculated on a per customer basis as follows: Ticket Price Surcharge $1.00-$14.99 $.075 $15.00-$29.99 $1.00 $30.00 and up $2.00 The Minimum Base Rent and the Ticket Surcharge shall be payable in equal monthly installments. A proposal will be deemed non responsive if it does not provide a minimum return to the City. The Minimum Base Rent will be escalated every year as applicable. The City and successful Proposer(s) shall each have an independent appraisal prepared at their respective costs. If the City and successful Proposer(s) cannot negotiate the new Minimum Base Rent with the resulting appraisal information, then each will equally share in the cost of a third independent appraisal. The 20

22 escalated Minimum Base Rent shall be set at the greater of either the third independent appraisal or the lower of the two initial appraisals. This process will be binding. xii) Local Firm Participation: Proposer(s) are encouraged to include businesses or firms which are located within the City. A local firm 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, shall be provided as proof of location for businesses located in the City. For evaluation and scoring purposes, additional points shall be given to those proposals which include one or more of the following outreach components: To enhance local participation within the Proposer(s) Management Team; To make special outreach efforts to include and hire local, City residents as construction labor; and, Use of a training skills center to facilitate local participation and hiring in relation to the leasing, management, operation, and maintenance of the facilities. xiii) Good Faith Deposit: Proposer(s) shall provide evidence of a restricted account with a balance of $ which shall be maintained in escrow by a Floridalicensed attorney upon proposal submittal through Lease execution. The Proposer(s) shall provide evidence that the funds can only be used towards the operational expenses upon award and execution of a Lease. The successful Proposer(s) Security Deposit shall be transferred to the City within five (5) business days of the Lease Effective Date. Once the Lease is executed, successful Proposer(s) shall provide, on a monthly basis, a report to the City detailing expenditure of funds. VII. LEASE TERMS In order to be considered for the award of this RFP, the successful Proposer(s) must accept the form Lease attached herewith as Attachment 8. The successful Proposer(s) may not make any changes to this form Lease, except for the fill in the blank sections and the limited number of items to be further negotiated with the City, namely, Minimum Base Rent escalation/adjustments and rent commencement dates. This RFP and the attached Lease shall be read consistently with each other. In the event of a conflict between the terms of this RFP and the Lease included herein as Attachment 8, the terms of this RFP shall govern, until such time that the Lease is executed by all of the required 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. VIII. EVALUATION CRITERIA AND SELECTION SCHEDULE 21

23 The City will use the following Evaluation Criteria and Scoring Values to evaluate the proposals: Criteria Qualifications of Proposer(s) and Implementation Plans/Experience and Qualifications Number of years of operation of each service; Number of passengers transported in previous years; Number of tours conducted in previous years; Experience level and number of Proposer(s) employees; and, Experience operating Tour Boats following federal, state, and local laws, operating rules and regulations, including compliance with United States Coast Guard ( USCG ) and Department of Homeland Security requirements, and adequacy of emergency plans. Weighted Value 25 Operations Plan: The Selection Committee will consider Proposer(s) proposed operations plan for tour boats and any other amenities proposed including: The types of tours offered that are unique to Miami; Proposed routes of tours being offered to the public; Hours of operation for the Tour Boat services; 25 The fees it proposes to charge the public; The aesthetics of the proposed Tour Boats; Promotion of tourism that is in the best interest of the City; Maintenance and cleanliness of the facility, as well as ideas to beautify the site; and, Tour Boat services that provide an experience that is unique to Miami. Financial Capacity, Legal Organization, and Financial Statements of the Proposer(s) 15 Financial Returns to the City: Reasonableness of Revenue Forecasts (based on applicable historic data when available); Highest projected return to the City; and, Highest Minimum Base Rent to the City. Extent of Local Participation: Hiring of City residents Use of City contractors

24 Total 100 ANTICIPATED SELECTION SCHEDULE Anticipated Selection Schedule Dates RFP Available to Public/Date of Issuance January 25, 2016 Optional Pre-Proposal Submission Conference February 10, 2016 and Site Visit Deadline for Questions March 31, 2016 Proposal Submission Deadline April 27, 2016 at 2:00 PM Recommendation from the City Manager to City TBD Commission Adoption of Legislation Authorizing Exclusive Lease TBD Negotiations IX. 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, Proposer(s) wishing to protest this RFP solicitation must follow the procedures below: A. 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 and Asset Management, 444 SW 2 nd Avenue, 3 th Floor, Miami, FL by U.S. mail, return receipt requested, or by via DRotenberg@miamigov.com. A written notice of intent to file a protest shall be filed with the Director of DREAM 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 DREAM. B. Protest of Award Any actual proposer, who perceives itself aggrieved in connection with the recommended award of contract, may protest to the Director of DREAM. A written notice of intent to file a protest shall be filed with the Director of DREAM 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 DREAM. 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 23

25 pertinent documents and evidence and shall be accompanied by the required Filing Fee as defined in sub-subsection (D) below. This information shall form the basis for review of the written protest and other facts, grounds, documentation or evidence not contained in the protester s submission to the Director of DREAM 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 end of the next business day. C. Authority to Resolve Protests The City Manager shall have the authority, subject to the approval of the City Attorney, to settle and resolve any written protest. The City Manager and City Attorney have the right to reject or approve any written protests. D. Compliance with Filing Requirements i) 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 sub-subsection (iv) below, with the Director of DREAM within the time provided in subsections (A) and (B), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this sub-subsection. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. ii) iii) iv) 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 DREAM or the City Commission as provided 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. Costs. All costs accruing from a protest shall be assumed by the protestor. 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 DREAM and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under sub-subsection (iii) above. If the protest is denied, the filing fee 24

26 shall be forfeited to the City in lieu of payment of costs for the administrative proceedings. 25

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