The URL can be used to link to this page

Home My WebLink AboutR-95-0043J-95-80 12/30/94 A RESOLUTION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY C=aSSIC N AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CCNFIRMING THE CITY MANAGER'S WRITTEN FINDINGS THAT AN EMERGENCY NEED FISTS FOR WAIVING THE REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR THE PURCHASE FROM CAPITAL BANK OF EQUIPMENT, INCLUDIN0, STEEL RACKS, FU)ATING DOW AND A FORKLIFT, AND 0nM ITEMS NECESSARY FOR THE CONTINUED OPERATICN OF THE MARINA AT 3501 RIC;KENBACKER CAUSEWAY, MIAMI, FLORIDA, AT A COST NOT TO FEED $112,500.00; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, on November 9, 1994, the Court entered an order terminating Virginia Key Marina Inc.'s use and occupancy of the City -owned. Marina located at 3501 R.ickenbacker Causeway, Miami, Florida; and WHEREAS, the City desires to continue operating the Marina for the benefit and enjoyment of the Marina's customers and the public in general; and WHEREAS, presently located at said Marina are fixtures and equipment which include a Taylor Forklift, 27,000 lbs., marina boat steel rack system, marina boat supports (pods and stands), floating docks, miscellaneous yard equipment, office equipment and furniture (the "Equipment") which are presently used by the City to operate the Marina, some of which axe affixed to the realty and removal thereof would require great expense and result in a total disruption of the operations at the Marina; and CITY COPO►II'SSECNF WEE'=G aF ,IAA Al 9 2 11795 .i<r uli�n No. 95- 43 WHEREAS, the Equipment, which was formerly the property of Virginia Key Marina, Inc., was subject to a foreclosure action undertaken by Capital Hank, a creditor of Virginia Key Marina, Ino. , is now offered for private sale in WHEREAS, in order to continue operating the Marina without a total discontinuance of services and complete interruption of the revenues generated from said Marina operations, it would be most advantageous for the City to aoqui.re the Equipment necessary to conduct business at the Marina which is already installed and in use; and. WHEREAS, based on the foregoing, in order to purchase the Equipment at a private sale, in accordance with Chapter 679, Florida Statutes, it is necessary to waive the requireanent for competitive bidding; and WHEREAS, the City Manager has set forth written findings supported by reasons that an emergency exists for the purchase of the Equipment, requiring a waiver of competitive bidding in accordance with Section 18.52-6 of the City Code; Section 1. The recitals and finr'-ags contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager's findings that an emergency need exists, supported by the reasons set forth in his memorandum dated December 22, 1994, a copy of which is attached hereto and incorporated herein, is hereby ratified, approved and confirmed by a four -fifths (4l5ths) affirmative vote of the members of the City Commission, after a duly advertised public hearing. 95- 43 -2- Section 3. The requirement for competitive sealed bids is hereby waived for the purchase from Capital. Bank of equipment, including steel racks, floating docks and a forklift, and other items necessary for the continued operation of the Marina at 3501 R.i.ckenbacker Causeway, Miami, Florida. Section 4. The City Manager is hereby authorizedY to execute a purchase and sale agreement, in a form acceptable to the City Attorney, with Capital Bank at a cost not to exceed. $112, 500.00, with furAs therefor hereby allocated from Special Programs and Accounts. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of January 1995. P. MArd, MAYOR e HIRAI , CITY CLERK PREPARED AND APPROVED BY: eiULIE O. BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND OORRB=S n ► y' i�� •1 •: . The herein authorization is further subject to compliance with all requi.rments that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and. Code provisions. 95- 43 -3- TO: File FROM, Cesar H. Odio City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: December 22, 1994 FILE: SUBJECT : Finding of Emergency and Reasons in support of a REFERENCES Waiver of Competitive Bidding for Purchase of ENCLOSURES Equipment at Marine Stadium Marina Based on information supplied to me by the Director of the Office of Asset Management and Capital Improvements, I have found that an EMERGENCY exists justifying the waiver of competitive bidding methods for the purchase of certain fixtures and equipment (the "Equipment") at Marine Stadium Marina, formerly known as Virginia Key Marina, from Capital Bank at a cost of $112,500.00. A list of the Equipment includes: Taylor Forklift, 27,000 lbs. Marina boat rack system Marina boat supports (pods and stands) Floating docks Miscellaneous yard equipment Office equipment and furniture On November 29, 1994, Virginia Key Marina vacated the Marina. Capital Bank has subsequently obtained a Final Judgment of Foreclosure on all of the personal property of Virginia Key Marina Inc. which includes the Equipment. Pursuant to the provisions of Section 679, Florida Statutes (1993), Capital Bank has offered to sell the Equipment to the City at a private sale. The immediate procurement of the Equipment is essential because approximately 300 boats are presently being serviced by, or stored on, the Equipment and the removal of said boats from the Equipment would completely interrupt and discontinue the services being provided to the boat owners and impact the revenues presently being collected by the City. Therefore, it would not be practicable or cost effective under the circumstances to dismantle, remove the Equipment and subsequently acquire, and install the Equipment using competitive bidding methods. Consequently, it is recommended that the Equipment presently located at Marine Stadium Marina be purchased from Capital Bank at a cost of $112,500.00 and that competitive bidding methods for this emergency purchase be waived in accordance with section 18-52.6 of the Code of the City of Miami. Funds are available from the Special Program and accounts budget and this emergency purchase will be submitted for ratification by the January 12, 1995 City Commission meeting. 95' 43 W CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO:- Honorable Mayor and Members of the City Commission FROM : Ces io Cit er RECOMMENDATIONS: 23 DATE : JAN 3 1995 FILE : SUBJECT: Emergency Purchase of Fixtures and Equipment at Marine Stadium Marina REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission approve the attached resolution, waiving competitive bidding for the emergency purchase of certain fixtures and equipment presently located at and being utilized at Marine Stadium Marina, formerly known as Virginia Key Marina, located at 3501 Rickenbacker Causeway from Capital Bank at a cost of $112,500.00. BACKGROUND: On November 29, 1994, Virginia Key Marina vacated the Marina. Capital Bank has subsequently obtained a Final Judgment of Foreclosure on all of the personal property of Virginia Key Marina Inc. which includes the Equipment. Pursuant to the provisions of Section 679, Florida Statutes (1993), Capital Bank has offered to sell the Equipment to the City at a private sale. A list of the Equipment includes: Taylor Forklift, 27,000 lbs. Marina boat rack system Marina boat supports (pods and stands) Floating docks Miscellaneous yard equipment Office equipment and furniture The immediate procurement of the Equipment is essential because approximately 300 boats are presently being serviced by, or stored on, the Equipment and the removal of said boats from the Equipment would completely interrupt and discontinue the services being provided to the boat owners and impact the revenues presently being collected by the City. Therefore, it would not be practicable or cost effective under the circumstances to dismantle, remove the Equipment and subsequently acquire, and install the Equipment using competitive bidding methods. Attachment. 95- 43 " r �,3 r1 CITY OF MIAMI, FLORIDA NVtf -OFFO E MEMORANDUM 41'G$t44l NUM TO Matty Hirai DATE City Clerk SUBJECT FROM ; Julie 0. Bru REFERENCES Assistant City Attorney ENCLOSURES: December 22, 1994 FILE Emergency Purchase of Equipment for Marina 3801 Riokenbacker Causeway (1) Please transmit the attached "Notice to the Public" for public hearing advertisement to the appropriate newspaper. An item concerning the purchase of equipment for the Marina located at 3501 Riokenbaoker Causeway will be considered at the January 12, 1995 City Commission Meeting. Thank you for your assistance. BSS:P981 i Q Irv; MCC a W Uj=- U F- cn w� -ri - co 95 43 S CITY OF MIAMI, FLORIDA NOTICE TO THE PUBLIC A public hearing will be held by the City Commission of the City of Miami, Florida, on January 12, 1995 at 10:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of considering a waiver of the requirements of obtaining sealed bids and ratifying the City Manager's finding of an emergency for the expenditure of funds to purchase certain fixtures and equipment from Capital Bank at a cost of $112,500. The fixtures and equipment needed to continue the operations at the Miama Marine Stadium include a Taylor Forklift, marina steel rack system, marina boat supports, floating docks, miscellaneous yard equipment, office equipment and furniture. All interested persons are invited to appear and may be heard in connection with this item. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be heard. (CITY SEAL) (2248) MATTY HIRAI CITY CLERK CITY OF MIAMI, FLORIDA 95-- 43