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HomeMy WebLinkAboutAgenda Item Summary Form",A1' UF..4y AGENDA ITEM SUMMARY FORM File ID: #1502 Date: 12/19/2016 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 01/26/2017 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute MOU - National Park Service Purpose of Item: A Resolution of the Miami City Commission, with an attachment, authorizing the City Manager to execute the attached Memorandum of Understanding ("MOU"), between the City of Miami ("City") and United States Department of the Interior, National Park Service ("NPS"), acting through the Superintendent of Biscayne National Park (the "Park"), for a Park -authorized concessioner, who will pay the City the approved commercial dockage rate, in addition to ticket surcharge fees, to operate boat tour services from Dinner Key Marina ("Marina") to the Park. The NPS has determined that certain visitor services are necessary and appropriate for the public's use and enjoyment of the Park and commercial boat tours should be provided under a competitively bid ten (10) year concession contract. The Park has determined the Marina is an ideal launch site to effectuate this purpose. The City, as owner and administrator of the Marina, desires to support the Park's goals. The City has committed to license dock space and amenities to the concessioner. The attached MOU does not confer any rights to the NPS nor the Park. The MOU outlines the framework of the NPS' solicitation of the concessioner, as well as the Revocable License Agreement which the City will, eventually, draft to memorialize the terms with the concessioner. Background Information: The City of Miami ("City") owns the property located at 3400 Pan American Drive, Miami, Florida 33133, also known as "Dinner Key Marina" ("Marina"). The National Park Service ("NPS") operates Biscayne National Park ("Park") and desires to enhance the visitor experience, increase Park visitation, and facilitate access to the northern end of the Park. The Park has determined that a tour boat concessioner, operating from the Marina, is the best way to accomplish these goals. The City, as owner and administrator of the Marina, wishes to support the Park's goals and facilitate the desired expansion of visitor services for Miami -area residents and visitors needing ready access to the Park. The attached Memorandum of Understanding outlines the framework of the City's cooperation with the NPS, to wit entering into a Revocable License Agreement, with the NPS' eventual concessioner, for the approved commercial dockage rate plus a ticket surcharge fee. This MOU does not transfer any interest in the Marina; does not confer a right to use the Marina; and, does not convey or transfer any right to exclude the City from the Marina. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Real Estate and Asset Management Daniel Rotenberg Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose City Manager's Office Alberto N. Parjus Legislative Division Valentin J Alvarez City Manager's Office Daniel J. Alfonso Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria M6ndez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed Legislative Division Review Completed City Manager Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed 01/04/2017 11:49 AM 01/05/2017 12:08 PM 01/11/2017 4:35 PM 01/12/2017 5:25 PM 01/13/2017 11:06 AM 01/13/2017 10:18 PM 01/17/2017 11:25 AM 01/17/2017 7:10 PM 01/26/2017 9:00 AM 01/31/2017 2:41 PM 01/31/2017 3:04 PM -,IV ov . City of Miami IIS°°1 il°4I° *01\ °° °° Legislation Resolution Enactment Number: R-17-0053 File Number: 1502 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:1/26/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE ("NPS"), ACTING THROUGH THE SUPERINTENDENT OF BISCAYNE NATIONAL PARK ("PARK'), FOR THE PARK -AUTHORIZED CONCESSIONER ("CONCESSIONER"), WHO WILL PAY THE CITY THE APPROVED COMMERCIAL DOCKAGE RATE AND TICKET SURCHARGE FEES TO OPERATE BOAT TOUR SERVICES FROM DINNER KEY MARINA TO THE PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", IN SUBSTANTIALLY THE ATTACHED FORM, AND MADE A PART HEREOF, PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH THE CONCESSIONER TO MEMORIALIZE THE MOU TERMS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the City of Miami ("City") is owner in fee simple of the property located at 3400 Pan American Drive, Miami, Florida 33133, also known as "Dinner Key Marina", as more particularly described in Exhibit "A" ("Premises"); and WHEREAS, the United States Department of the Interior, National Park Service ("NPS") operates Biscayne National Park ("Park") and desires to enhance the visitor experience, increase Park visitation, and facilitate access to the northern end of the Park; and WHEREAS, the Park has determined that a tour boat concessioner ("Concessioner") operating from the Premises will best accomplish these goals; and WHEREAS, the City, as owner and administrator of the Premises, wishes to support the Park's goals and facilitate the desired expansion of visitor services for City -area residents and visitors in need of ready access to the Park; and WHEREAS, the attached Memorandum of Understanding ("MOU") outlines the framework of the City's cooperation with the NPS, inclusive of the Revocable License Agreement ("License") the City will subsequently execute with the Park -authorized Concessioner, for the approved commercial dockage rate and ticket surcharge fees, in a form acceptable to the City Attorney; and WHEREAS, the attached MOU does not transfer any interest in the Premises, does not confer a right to use the Premises, and does not convey or transfer any right to exclude the City from the Premises; and WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("City Charter'), allows for the conveyance or disposition of City -owned property in connection with the implementation of projects of any governmental agency or instrumentality; 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 City Manager is hereby authorized' to execute the MOU, in substantially the attached form, between the City and the NPS, acting through the Superintendent of the Park, for the Park -authorized Concessioner, who will pay the City the approved commercial dockage rate and ticket surcharge fees to operate boat tour services from the Premises to the Park, as more particularly described in Exhibit "A" and made a part hereof, pursuant to Section 29-B(c) of the City Charter. Section 3. The City Manager is hereby further authorized' to execute a License with the Park -authorized Concessioner to memorialize the MOU terms in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: r i ria i "nd- e��zy Attor ey 111712017 ' 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.