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Home My WebLink AboutR-91-07189/2 4/91 w. RESOLUTION NO. A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST FROM FIRST CAPITAL GROUP, INC., REALTY, IN CONNECTION WITH THE CITY'S REQUEST FOR PROPOSALS (RFP) FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF A CONCESSION AT PAUL WALKER PARK, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, on August 24, 1990, the City of Miami received a protest from First Capital Group Inc., Realty, in connection with the City's Request for Proposals (RFP) for the management, operation and maintenance of a Concession at Paul Walker Park; and WHEREAS, the Proposer stated that the selection procedures used for the RFP process was unfair; and WHEREAS, it has been determined by the Chief Procurement Officer, in her role as arbiter, pursuant to Section 18-56.1 of the City Code, that the protest filed by First Capital Group Inc., Realty be rejected as it lacks merit; and WHEREAS, the City Manager and the City Attorney concur with and approve the finding of the Chief Procurement Officer and recommend rejection of the protest filed by First Capital Group, Inc., Realty; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Chief Procurement Officer's decision to reject the protect received from First Capital Group, Inc., Realty in connection with the City's Request for Proposals (RFP) CITY COMMSSIOK MEETING OF OCT 3 1991 91- 718 AA- for the managemento operation and maintenance of a Concession at Paul Walker Park is hereby approved. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 3rd day of October , 1991. XAV I E R L,_ S ►ARE Z, -MAYOR ATT MAITY HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: /V _ . / A. QUIIPN J ACTING CIT AQJ:gb:M25 s III TTORNEY EYD_SjCVRITt_LIST DID tTERt Paul Walker Park Concession........... Pro�erty,�Lease�------------- ,r,,,,-,,,�,,_ ,-,- DID VC . i r._.M---- N_..---.rr�c.r�_�ri� .. DATE $ rD (s) OPERBD s --May.a„. 1221 . 2 -, Q Q ,n ----------w--w--_—_—�_—..a.w.. C TOTAL S i D DO1�D_1orZ BIDDER SID AMOUNT CASHIBA`S_CHBCK,.N -------------- Flora M. Giles __-- ------ ----- ------------------__—_N Silvano and Ruth Casanas N------- -----------w .Food in the Park, Inc. ----------------- ---_NN-----_ Anvar B. Moghaddam ------ -------------------- Stephalie and Daniel Prezant ---------- ------------- ------------------- -------------- N----------- ----------'---- — — — — — — — — — — — — ---- - -------------- ------------- ------- -------------- --------------------- I --- ----------=------------- ----------------------- ----------------- -------------- -------------- -------------------_w --------------- ------------ --------N_—--��---- _—w—_N------------------- ---_—_---------- '-------------- -------------------- -'--� _-___received (_"_� envelopo behalf of Pe on seaeiving bids) %� GSA/Solid Waste -Procurement Division on (City pepartmeat) �►►ww—w w w — w -.—.' MEMPNIOW SID_ORCURITT_LIST SID ITENt - Paul Walker Park Conces-___sion —..—_-_-- --_----N----,--------------- Pro ertyf Lease Managgl ejjt.--.--_-_._-_- BIDvolt ..-BEP._----- N--------- --..w-..-..._---- w--N------------ DATE S ID (S) OPENBD $ _.May.1... .�.1....? �1L.,nr= - ...-----ww-------------------- �C 4 TOTAL DID _ SOKD__ So r,� BIDDER DID AMOUNT CASHIBR'S CHBCR _—N---�._--------_-- Flora M. Giles N--N--------- ----- r----------------w�—___w N Silvano and Ruth Casanas ------------ ------------ Food in the Park, Inc. -------------- -_-NN-_-__------NN Anvar B. Moghaddam Stephanie and Daniel Prezant ------------ ---- ------- --------- -----1r-- ------------ ----_ ------------------- - --------------- ---------- i ----------------------- --- ------—= --------------------- - ----------------- ------------- -------------------- -_-_----------- ----------- -------------- --_----------- -_----------------_ --- ----------N-- _- —_--NN—N-- --------N—_—_ _ — -- ------ "�� __ _ i . y . � y, •,� � AN' CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM Matty Hirai March 28, 1991 70 : City Clerk DATE : FILE SU9JECT : PBuWalker and �,�� Bicentennial Parks _ 7' Requests for Proposals FROM : Herbert J. Bailey REFERENCES: Assistant City Manager ENCLOSURES: In accordance with .the pre -bid opening procedure, attached you will find two Requests for Proposals with opening dates as follows: Bid- Open' a Date. Paul Walker Park May 1, 1991 - 2:00 PM Bicentennial Park June 6, 1991 - 2:00 PM Attached are copies of both Request for Proposals. Enc.: (2) c; Z:= Eli M mr_ _ 5 1 City of Miami I This number must REQUISITION FOR ADVERTISEMENT appear In the 9� 1il�l� .�t.� f'':.� fr.• advertisement t .. .41 1. Department: 2. Division: PROPERTY & LEASE MANAGEMENT 3. Account Code number: 4. Is this a confirmation: 5. Prepared by: 590401-287 ❑ Yes ❑ No Nancy Weber S. Size of advertisement: 7. Starting date: 8. Telephone number: Legal 372-4640 9. Number of times this advertisement is to be 1 q. Tye of advertisement: published: XI-e ai ❑ Classified ❑ Dispigy 11. Remarks: This is to appear in all the newspapers listed below one time and appear as soon as possible. (PAUL WALKER PARK CONCESSION) 12. E.. 4... Date(s) of Advertisement Invoice No. Amount Publication Miami Herald / Miami Times 7 Miami Reveiw a :13 g Miami Todayr%' Diario Las America ZI/ 13. ET --Approved ❑ Disapproved Department Director/Designee Date Approved for Payment Date l C IGS/PC 503 Rev. 12/89 I Routing Forward White and Canary to G.SA. (Procurement Management) and retain Pink copy. DISTRIBUTION: While - G.S.A.; Canary - Department -91- 718 CITY OF MIAMI• FLORIDA 12' y INTER -OFFICE MEMORANDUM _O. Honorable Mayor and Members DATE SEP 2 51991 FILE of the ity Commission Resolution of Protest SUBJECT for Paul Walker Park Concession ROM Cesar H. Odio REFERENCES City Manager ENCLOSURES RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject First Capital Group, Inc., Realty's protest, in connection with the City's Request for Proposals (RFP) for the management and operation of a Concession at Paul Walker Park. BACKGROUND A protest was received from Mr. Anvar Moghaddam of First Capital Group, Inc., Realty relative to the above noted project. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer investigated the matter and determined that the protest lacked merit. The RFP clearly outlined the criteria for selecting the most responsive and responsible proposer and proper procedures were followed in this regard. Mr. Moghaddam's protest is found to be without merit and is therefore rejected by the Chief Procurement Officer. The decision has been approved by the City Manager and City Attorney. Attachments: Proposed Resolution Copy of Protest Letter CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM - TO: Cesar H. Od io, City Manager DATE : AUG 12 1991 FILE Jorge L. Fernandez, City Attorney Protest in connection SUBJECT with the RFP for Paul Walker Park Concession FROM : Judy S". C r to r REFERENCES: Chief Proc a nt Officer Department General Services ENCLOSURES: nA Cr 1 i A td chc I hereby request your approval of my rejection of the bid protest by Anvar Moghaddam of First Capital Group Inc., Realty, in connection with the City's Request for Proposals (RFP) for the operation and management of the concession at the Paul Walker Park. The grounds for my decision, as set forth in the attached letter, include among others, the fact that the proper selection procedures were followed in evaluating the proposals. APPROVED: Cesar H. Odio, City Manager APPROVED: WHEN RETunr• tiG fon WKI, R REVIEW, PLEASE IDENTIFY AS # P— l,;;t— U 0 3 4 r RON E. WILLIAMS Administrator August 16, 1991 of ` tax rt CERTIFIED MAIL Mr. Anvar Moghaddam First Capital Group Inc. • Realty 3510 Biscayne Boulevard, #312 Miami, FL 33137 Re: Request for Proposals, (RFP) for Paul F. Walker Park Concession Dear Mr. Moghaddam: CESAR H. ODIO City Manager I, as Chief Procurement Officer of the City of Miami, have read your protest dated July 19, 1991, pursuant to my duties under Section 18-56.1, City of Miami Code, Resolution of Protest Solicitations and Awards. Due to the unspecific nature of your letter I agreed to meet with you on Tuesday, July 30, 1991. At that meeting you attempted to clarify the intent of your letter. Your concerns about the fairness of the selection process, as I understand them to be, are summarized as follows: 1. You were informed that your proposal was unsuccessful because "...you did not use the forms given," therefore you think the method of selection was unfair. 2: The ethnic makeup of the evaluation committee favored Hispanic firms. 3. A concern that you were not allowed to see the responses to the proposals received. 4. A concern that proposals submitted for the May 1, 1991 deadline were received, opened and could have been accessible to anyone. Response to Issue #1 The selection procedures used were proper, in accordance with the RFP. The proposals were evaluated based on the exact criteria listed on page 10 of the RFP document, in the section entitled, Rejection or Acceptance of Proposals. Although your proposal received the highest points for financial return to the City, this was only one of the five criteria considered. Your overall proposal did not achieve the number 1 ranked position. Response to Issue #2 The selection committee was composed of individuals from departments which had direct bearing on the proposals' i evaluation. One member represented the Parks Department, Operations Division; another represented the GSA/SW Department, Procurement Management Division, Minority/Women Business Affairs; DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/Procurement Management Division 1390 N.W. 20th Street/Miami, Florida 33142/(305) 575-5174/FAX: (305) 5754180 13 i 9J.- 718 4% - Mr. Anvar Moghaddam August 16, 1991 Page 2 and the remaining member represented the Development/Housing Department, Property & Lease Management Division. The fact that two of the three members were Hispanic is coincidental. Response to Issue #3 Subsequent to our meeting, I arranged with the staff of the Development Department to make available to you as many of the pertinent documents as you wished to inspect, as discussed with you on July 31, 1991. On August 8, 1991, you advised me by telephone that you had reviewed the documents. Response to Issue #4 To the best of our knowledge, the proposals submitted for the May 1, 1991 deadline were not made available to anyone; furthermore, even if they had been, this would not have affected the outcome of the competition. Based upon a review of all the pertinent documents and an investigation of the matter, I have determined that the selection process used for the Paul Walker Park Concession RFPs was impartial and followed proper procedures. Therefore, I am rejecting your protest. The City Manager and City Attorney have approved my decision and you will be notified as soon as the protest is scheduled for inclusion on the City Commission agenda. By copy of this letter, I am requesting that Mr. Herbert Bailey, Director of the Development & Housing Conservation Department, reply to you with regards to your letter of July 17, 1991, concerning the behavior of one of his employees. Sincerely, J dy S. Carter Ch a Procurement Office cc: Ron E. Williams, Administrator, GSA/SW Department Herbert J. Bailey, Director, Development & Housing Conservation Department Carmen L. Leon, Assistant City Attorney File �/ I TIVQ A' NA",,4 . . . . . . First Capital Group, .1w,- tv At 3510 guedym o0we"V14 suite 312 Mi=4 Ykri& 3-4137 I (305) 576-J984 (gad 576ages A 19-9.1 the M5..Judy Cwter Cfkkf!Prwwvmejtt offer gbwdSavicw Administration 1390 NW. 20th Sw& Mi=4 Ykd& 3.3142 ME I S: Tmposaffor !Patd Wa4r Cm=ion Dear 16. Carter: frK. ee. Me Selection process for the faut Wh4r Txk Con wion fia bratwy4& wd 2 ft to' fiiii ifie, documentsto be ctxn&w w by vmey and also a bidepmdent panel by the City of Mism.L Ifs fiact any qwtf= regadbig this matter, please wff me at the a6mt � mmibir An r S. Mogiadd4M, I I I 91- 718