HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci,miami,fl.us
Fite Number: 05-00989 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING
THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO A REQUEST
FOR LETTERS OF INTEREST, ISSUED APRIL 22,2005, THAT THE TOP -RANKED
FIRMS TO USE THE PROPERTY LOCATED AT 236 SOUTHWEST NORTH RIVER
DRIVE, MIAMI, FLORIDA ("PROPERTY"), AS A WHOLESALE AND RETAIL
SEAFOOD AND DOCKAGE FACILITY ARE: (1) GARCIA BROTHERS
WHOLESALE, INC. ("LICENSEE'); (2) MIAMI RIVER LOBSTER AND STONE
CRAB, CORPORATION; (3) CASABLANCA FISH MARKET, INC.; AND (4)
EMERALD YACHT AND SHIP MANAGEMENT, INC. ; AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
LICENSEE, THE TOP -RANKED FIRM, ON A MONTH TO MONTH BASIS;
PROVIDING FOR: (I) PAYMENT OF THE GREATER OF A MONTHLY USE FEE OF
$7,000 OR PERCENTAGE FEE OF 3% OF GROSS RECEIPTS; (II) PAYMENT OF
THE PROSPECTIVE ANNUAL SUBMERGED LAND FEES AS MAY BE REQUIRED
PURSUANT TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
("DEP"), ADMINISTRATIVE RULE 18-21.011(1)(B), AS MAY BE AMENDED; (III)
PAYMENT OF $1,000, PER MONTH AS PAYMENT TOWARDS RETROACTIVE
SUBMERGED LAND FEES TO BE REQUIRED BY DEP FOR PRIOR USAGE OF
SUBMERGED LANDS; AND (IV) LICENSEE'S USE OF THE SUBMERGED LANDS
AREA SHALL BE SUBJECT TO ANY RESTRICTIONS SET FORTH BY DEP FOR
THE USE OF SAID PROPERTY, WITH TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING
THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SAID
AGREEMENT AS NEEDED; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, SHOULD
NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR UNTIL A CONTRACT
HAS BEEN SUCCESSFULLY NEGOTIATED; DIRECTING THAT THE
NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR
CONSIDERATION.
WHEREAS, the City of Miami ("City") owns the property located at 236 Southwest North River
Drive, Miami, Florida, along the Miami River; and
WHEREAS, the State of Florida, Board of Trustees of the Internal Improvement Trust Fund
("State") owns the submerged lands adjacent to the City -owned uplands and the City anticipates
entering into a Temporary Use Agreement and subsequent Submerged Land Lease Agreement with
the State for the use of said submerged lands; and
WHEREAS, the City issued a Request for Letters of Interest ("RFLI") for the use of said property on
April 22, 2005 and four (4) responses were received; and
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File Number: 05-00989
WHEREAS, following oral presentations on June 6, 2005, the Evaluation Committee, selected by
the City Manager, ranked the proposals received as follows: (1) Garcia Brothers Wholesale, Inc.; (2)
Miami River Lobster & Stone Crab, Corp.; (3) Casablanca Fish Market, Inc.; and (4) Emerald Yacht &
Ship Management, Inc.; and
WHEREAS, the Evaluation Committee recommended that the City negotiate with the number one
ranked proposer and in the event negotiations fail, the City should then proceed in rank order to
negotiate with the second and third ranked proposers; and
WHEREAS, the City Manager accepted the recommendation of the Evaluation Committee; and
WHEREAS, the City and Garcia Brothers Wholesale, Inc. ("Licensee") now desire to enter into a
Revocable License Agreement ("Agreement") for the purpose of providing wholesale and retail seafood
and dockage facilities at this location; and
WHEREAS, the City shall require the Licensee to pay monthly use fees, as well as retroactive and
prospective submerged land fees charged by the State for the on -going use of the submerged lands;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The recommendation of the City Manager approving the findings of the Evaluation
Committee pursuant to a RFLI, issued April 22,2005, that the top -ranked firms to use the Property, as a
wholesale and retail seafood and dockage facility are: (1) Licensee); (2) Miami River Lobster and
Stone Crab, Corporation; (3) Casablanca Fish Market, Inc.; and (4) Emerald Yacht and Ship
Management, Inc., is accepted.
Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, between the City and Licensee, the top -ranked firm, on a month to month basis;
providing for: (i) payment of the greater of a monthly use fee of $7,000 or percentage fee of 3% of
gross receipts; (ii) payment of the prospective annual submerged land fees as may be required
pursuant to Florida Department of Environmental Protection ("DEP"), Administrative Rule 18-21.011(1)
(b), as may be amended; (iii) payment of $1,000, per month as payment towards retroactive
submerged land fees to be required by DEP for prior usage of submerged lands; and (iv) Licensee's
use of the submerged lands area shall be subject to any restrictions set forth by DEP for the use of
said property, with terms and conditions more particularly set forth in said Agreement.
Section 4. The City Manager is further authorized{1 } to make non -substantive amendments to said
Agreement as needed.
Section 5. The City Manager is further authorized{1} to negotiate an Agreement with the
second -ranked firm, should negotiations fail with the top -ranked firm, or until a contract has been
successfully negotiated.
Section 6. The City Manager is directed to presented the negotiated Agreement to the City
Commission for consideration.
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File Number: 05-00989
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS;%
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
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