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HomeMy WebLinkAboutR-05-0571City of Miami Legislation Resolution: R-05-0571 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00989 Final Action Date: 9/22/2005 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 UNTILA 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 City of Miami Page 1 of 3 File Id: 05-00989 (Version: 1) Printed On: 12/1/2016 File Number: 05-00989 Enactment Number: R-05-0571 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. City of Miami Page 2 of 3 File Id: 05-00989 (Version: 1) Printed On: 12/1/2016 File Number: 05-00989 Enactment Number: R-05-0571 Section 6. The City Manager is directed to presented the negotiated Agreement to the City Commission for consideration. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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 Page 3 of 3 File Id: 05-00989 (Version: 1) Printed On: 12/1/2016