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HomeMy WebLinkAboutOMNI CRA 2012-03-29 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 29, 2012 5:00 PM FREDERICK DOUGLASS ELEMENTARY 314 NW 12TH STREET OMNI Community Redevelopment Agency Marc David Sarnoff, Chairman Francis Suarez, Vice -Chairman Wifredo (Willy) Gort, Commissioner Frank Carollo, Commissioner Michelle Spence -Jones, Commissioner CRA OFFICE ADDRESS: 49 NW 5th ST, SUITE 100, Miami, FL 33128 Phone: (305) 679-6800, Fax: (305) 679-6835 www.miamicra.com OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 FINANCIALS 1. 12-00314 Present: Commissioner Spence -Jones, Chair Sarnoff, Vice Chair Suarez and Commissioner Gort Absent: Commissioner Carollo On the 29th day of March 2012, the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency of the City of Miami met in regular session at Frederick Douglass Elementary, 314 Northwest 12th Street, Miami, Florida. The meeting was called to order by Chair Sarnoff at 6:08 p. m. and was adjourned at 7:01 p. m. ALSO PRESENT: Pieter Bockweg, Executive Director, CRA H. Bert Gonzalez, Assistant Executive Director, CRA Maria Chiaro, Assistant General Counsel, CRA William R. Bloom, Special Counsel, CRA Priscilla A. Thompson, Clerk of the Board CRA REPORT OMNI FINANCIAL SUMMARY FOR PERIOD ENDING FEBRUARY 29, 2012. File # 12-00314 03-29-12 Cover Memo.pdf File # 12-00314-03-29-12 Financial Summary.pdf DISCUSSED Chair Sarnoff. Like to get the Omni CRA (Community Redevelopment Agency) financials. Miguel Valentin: Good evening, Commissioners. Miguel Valentin, CRA financial officer. On page 1, we are presenting the combined statement of financial position as of February 29, 2012. We are disclosing the cash balance of 24, 721,101. Also, I wanted for clarification purposes -- I was approached by one of the staffers. They were telling me why on page second [sic] we were disclosing a shortfall of -- Vice Chair Suarez: Yeah. That was my chief of staff Mr. Valentin: Well, that shortfall that you see there is going to be covered with the carryover fund balance. Vice Chair Suarez: Right. Mr. Valentin: That doesn't mean that we don't have the money. We do have the money. Pieter A. Bockweg (Executive Director, Community Redevelopment Agency): Well -- and Mr. Chairman, let me just clam so that we have an understanding. As of -- in a one-year process, we are -- in the books, if you look on page 2, it says a negative $4 million. And that number is simply based on the amount of TIF (Tax Increment Fund) revenue that we had collected from the City and County -- Vice Chair Suarez: Less -- Mr. Bockweg: -- and the -- Vice Chair Suarez: -- what we're going to spend, right. City of Miami Page 2 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 RESOLUTIONS 2. 12-00179 Mr. Bockweg: -- payments that we made. And of course, this year we made the $7.1 million payment. It's not that we're in debt. It's just simply based on a one-year income and expense. So that's why it shows in negative $4 million. That was the question that was raised by Mike Llorente. And I think I called Mike to -- Vice Chair Suarez: Yeah, no. And ifI may? Chair Sarnoff. Go ahead. Vice Chair Suarez: Yeah. The -- obviously, it looked strange when we saw it -- Mr. Bockweg: Yeah. Vice Chair Suarez: -- so that was the reason why we asked the question. But clearly, I mean, we have $25 million that we are going to be spending in fund balance as time goes on so that out of balance will continue because we're going to be spending more money than what we're taking in for the foreseeable future. Mr. Bockweg: Right. Chair Sarnoff All right. Mr. Miguel: Well -- and for the month of February there is no reportable condition to report to the board. Chair Sarnoff Any questions? Vice Chair Suarez: I actually wish the number was larger 'cause that'd mean we spent -- that would mean we have -- we had spent more money. Chair Sarnoff Thank you. CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH M.C. HARRY & ASSOCIATES, INC., FOR THE PREPARATION OF THE INTERIOR DESIGN PLANS AND SPECIFICATIONS FOR HISTORIC FIRE STATION NO. 2, LOCATED AT 1401 N. MIAMI AVENUE, AS THE CRA OFFICES, IN AN AMOUNT $10,000; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AND AMEND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL. FUNDS TO BE ALLOCATED FROM THE OMNI TAX INCREMENT FUND, "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 10040.920101.670000.0000.00000. City of Miami Page 3 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 File # 12-00179 Cover Memo.pdf File # 12-00179 02-27-12 Financial Form.pdf File # 12-00179 02-27-12 Backup.pdf File # 12-00179 02-27-12 Legislation.pdf File # 12-00179 02-27-12 Legislation (signed).pdf File # 12-00179 03-29-12 Cover Memo.pdf File # 12-00179 03-29-12 Financial Form.pdf File # 12-00179-03-29-12 Backup.pdf Motion by Vice -Chair Suarez, seconded by Board Member Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Spence -Jones, Commissioner Gort, Vice Chair Suarez and Chair Sarnoff Absent: Commissioner Carollo CRA-R-12-0022 Chair Sarnoff All right, CRA 2, Mr. Director. Pieter A. Bockweg (Executive Director, Community Redevelopment Agency): Mark, please. Mark Spanioli: Good evening, Commissioners. Mark Spanioli, director of engineering at the CRA (Community Redevelopment Agency). Item number 2 is a resolution of the Omni CRA authorizing the execution of a professional service -- Vice Chair Suarez: Move it. Mr. Spanioli: -- agreement -- Commissioner Spence -Jones: Second. Chair Sarnoff Any questions? Vice Chair Suarez: Nope. Chair Sarnoff All in favor, please say "aye." The Commissioners (Collectively): Aye. Commissioner Spence -Jones: But I do want you to put something on the record so the people know what it is that are sitting in the audience. I think they should know. Mr. Spanioli: No problem. M. C. Harry & Associates is the current prequalified architect on the project, doing all the design work for the project. This is just another phase of the project. We're doing the interior design plans and specifications. The project is on schedule to be completed by November of this year. We are under budget on the construction side by $175, 000, and funding for this request is coming out of the previously allocated $3.5 million. Commissioner Spence -Jones: And it looks great, too, Mark. Mr. Spanioli: Thank you. Commissioner Spence -Jones: I wanted to tell you that. Chair Sarnoff Thank you. City of Miami Page 4 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 3. 12-00184 CRA RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ACCEPTING THE RECOMMENDATION OF THE SELECTION COMMITTEE AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH BASTIEN AND ASSOCIATES, INC. FOR THE PREPARATION OF THE DESIGN CRITERIA PACKAGE FOR THE MIAMI ENTERTAINMENT COMPLEX LOCATED AT 50 NW 14 STREET, MIAMI, FL, IN AN AMOUNT NOT TO EXCEED $215,000; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AND AMEND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL. File # 12-00184 02-27-12 Cover Memo.pdf File # 12-00184 02-27-12 Financial Form.pdf File # 12-00184 02-27-12 Backup.pdf File # 12-00184 02-27-12 Legislation.pdf File # 12-00184 02-27-12 Legislation (signed).pdf File # 12-00184 03-29-12 Cover Memo.pdf File # 12-00184 03-29-12 Financial Form.pdf File # 12-00184 03-29-12 Backup.pdf Motion by Vice -Chair Suarez, seconded by Board Member Spence -Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: Commissioner Spence -Jones, Commissioner Gort, Vice Chair Suarez and Chair Sarnoff Absent: Commissioner Carollo Motion was made by Vice Chair Suarez and seconded by Commissioner Spence -Jones to reject the recommendation of the selection committee and direct the CRA to make location a factor in the points evaluation system. Chair Sarnoff All right, Mr. Director, CRA (Community Redevelopment Agency) number 3. Pieter A. Bockweg (Executive Director, Community Redevelopment Agency): Thank you, Mr. Chair. And if you would give me -- Commissioner Spence -Jones: Did we move --? All in favor -- Did you say all in favor? Vice Chair Suarez: Yeah. Or did we? I don't know. Chair Sarnoff. Yeah, we did. Didn't we vote on it? Priscilla A. Thompson (Clerk of the Board): Yeah. Commissioner Spence -Jones: Oh, okay. All right. Mr. Bockweg: Thank you, Mr. Chair. And if you would allow me. The item before you, number 3, is the award to our recommendation for the design criteria for the future home of the Miami Entertainment Complex. And if you allow me, Commissioner, I'd like to take us back a little bit from the beginning to kind of get the board up to speed again and to remind them exactly where we're coming from and why. If you recall, in February 2011 we closed on that building. We bought it from the School Board for a total of $3.1 million. Shortly thereafter, we sold -- and City of Miami Page 5 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 that building was bought about $23 a square foot. Shortly thereafter, we negotiated with FDOT (Florida Department of Transportation) and sold the back portion of that property to FDOT at a profit of $26 a square foot, which netted us about a million, eighty-seven thousand dollars. The item before you encompasses -- comes from that allocated money. Now the property obviously is located within the Media Entertainment District, 14th Street and Miami Avenue, which is the place that we are very much focused on in creating that synergy between the east and the west and the PAC (Performing Arts Center) and possibly whatever might happen on the Herald site. If you look there now, you -- as you see, the item before you, the firehouse is moving along and 14th Street is also moving along as well. The overall vision of the project is to have a movie complex. This is in conjunction with the $242 million that was allocated by the state as tax incentives, along with the $3 million matching job creation. The item -- the tax exempts were increased not only this year but also last year for an additional 30 to $40 million. Depending on hiring, if you included local schools, local kids, local hires and whatnot, you would get more tax incentives. And obviously, the reason why we wanted to bring this industry down to Miami is because of the huge benefit in job creation that it creates. Moving along in this process, we've had numerous meetings internally and also site visits to different areas, different sound stages not only here in the South Florida area, going as far north as Palm Beach, but as well as most recently a couple months ago going to Atlanta. We did create a committee of local experts as well as had numerous phone conversations with experts in the industry to give us guidance as far as what that building could be and hopefully what it can become. We've moved forward with the premise of a KPMG (Klynveld, Peat, Marwick, Goerdeler) study that was done in 1994 by the County, which called for a total of four to eight movie studios and the huge economic benefit that will have. Commissioner Spence -Jones: So move. Discussion. Mr. Bockweg: Well -- Commissioner Spence -Jones: Do I have -- do we have a second? Chair Sarnoff We have a motion. Is there a second? Commissioner Gort: Discussion. Second. Chair Sarnoff Yeah, second. Go ahead. Vice Chair Suarez: He's got a second for discussion. Commissioner Spence -Jones: Okay. So at this point, I just -- first of all, I want to commend the Commissioner 'cause I do know that this is something that he has been really pushing hard to have happen andl think this is one particular thing that we do agree on and that is there's not enough support going into the movie industry from our standpoint, from the City of Miami standpoint. There's not a support, so I understand the vision behind that and I don't want to stop, you know, progress. I don't want to stop what he's trying to do. I would just ask that in the midst of us doing this, we did ask in the last meeting we had, I wanted to have a general meeting. I didn't get a chance to participate in all of the things that took place, but as you know, this was something that I worked on prior to me leaving two years ago and very active in it. I requested for us to have a general community film -based meeting and we were going to have it, but then an emergency came up and we were not able to have the meeting. So I'm going to ask for staff to at least make sure hopefully in the next -- less than 30 days, we can at least convene that meeting that I really wanted to have with individuals from the industry 'cause I think it's important to do it. In the process, Mark -- not stopping what you need to do to get the process moving on this particular agreement -- I would just like to make sure that at least we have that done as well. That would be my only recommendation. I don't want to stop progress and I don't want to stop your vision, but I would like to at least make sure that that meeting is had before the next CRA City of Miami Page 6 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 meeting with local film professionals that I can also participate with as well. And it's open to everyone. The same town hall meeting that I was trying to schedule a month or so ago back in February, I'd like to be able to do that. Chair Sarnoff All right, continue. Commissioner Gort: Go ahead, finish. I have some question later. No, go ahead. Finish. Mr. Bockweg: Just to go back. We put out an RFP (Request for Proposals) to have design criteria and I'm going to ask Mark to go ahead and go through the process of exactly what we did. But we -- our advice that we got from the local experts when we had that meeting -- those meetings was to build two sound stages, 10 to 12,000 square feet, increase the height to 50 feet, have some office space in the building. The KPMG study does specifically talk about that. There is not a one facility in South Florida that has a movie studio and office space located in the same area, which they thought was a huge benefit. So in that respect, this building works out perfectly. Now from a job creation, it's been well said. We had Rock of Ages here. There was well over 300 people hired just for that movie, not to mention all the auxiliary other job requirements and job opportunities that there are. As part of our process -- and I'm going to go ahead and give it to Mark who was part of the selection process -- we did put out an RFP for design criteria. We have received, I believe it was seven total bids. We short-listed it to three. And our recommendation is Bastien and Associates. And I would like -- ask Mark to go ahead and walk you through that process. Mark Spanioli: Thank you, Pieter. Mark Spanioli, again, director of engineering, CRA. Just to piggyback on what Pieter was saying, the million dollars that we recovered back from FDOT -- this board did pass a resolution allocating the money for planning, design, construction and development of the property. So that -- just to be clear on where that million dollars was allocated for. In October, we went ahead and advertised a request for qualifications for this project, the design criteria package, soliciting architects to submit packages. The CRA is required by state statutes to go through this process. When we do a design -build project, we are required to put out a solicitation for design criteria package first. The RFQ (Request for Qualifications) solicitation was out for 60 days. We did receive seven qualification package, as Pieter had stated. We put together a panel of five selection committee members. Bert Gonzalez was the chairman of the committee. I was on the committee. Clarence Woods was also on the committee, and we did have two outside personnel that came in and volunteered their time. We had Dean Lewis, who is a well respected architect in the community, and Ryan Alexander, which is a retired City of Miami building plans examiner. On January 13, the selection committee met. We did review the packages and short-list ranked the proposals based on the evaluation criteria that was outlined in the RFQ. Three firms were short-listed and invited to provide oral presentations to the committee. On the 27th of January, we went ahead and conducted those oral presentations. The three firms did come in and present to us. The selection committee, again, based on the evaluation criteria, ranked the three firms. As stipulated by state statutes, we're required -- once the ranking is completed, we're required to negotiate with the firms in ranking order. So in other words, we would stop with the top -ranked firm and if we were unable to successfully negotiate a term, scope of work and fee with them, we'd go on to second and third and so forth. In this particular case, as Pieter stated, we were able to negotiate a scope of work and acceptable fee proposal with Bastien and Associates for $215,000 not to exceed, including all reimbursables. That is a fixed fee amount. Commissioner Gort: Is that a local firm? Mr. Spanioli: It is not a local firm. They are a firm based out of California. Commissioner Gort: Did we have any local firm that applied -- City of Miami Page 7 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Commissioner Spence -Jones: Applied. Commissioner Gort: -- and short-listed.? Mr. Spanioli: We did, but the California firm did have local firms as part of their team, so they did have local participation in their team. 'Cause each firm that submitted a package usually came in as a team. Commissioner Gort: Okay. My understanding, the process was in two phases. My understanding, it was a process for documents of the respond were looked at by some firm -- by the group that selected the -- and ranked the individual. Then they had a second option which was a verbal presentation. Mr. Spanioli: That's correct. Commissioner Gort: And there was a change between one and two? Mr. Spanioli: Yes. The committee -- when we first short-listed, which is the first part of the process, there was a different ranking order than after the oral presentations came in. There was a different ranking order than the first. That's correct. Vice Chair Suarez: I wasn't told that. Mr. Bockweg: Well, please -- Vice Chair Suarez: I don't know if you guys were told that. Mr. Bockweg: Mark, if you would like -- Vice Chair Suarez: I wasn't told that. Mr. Bockweg: I'm sorry, Mr. Chair. Could you please elaborate why -- and if you are able to elaborate what caused that to happen, if you're able to. Mr. Spanioli: Generally, when we evaluated -- and I'm speaking for the committee in general from what I remember from our comments -- the proposals before oral presentations, we evaluated the materials that were in front of us. When the teams came in and gave oral presentations, we were given more information at that time. The firms were given the opportunity to tell us more about their background experience and so forth based on the evaluation criteria and it became apparent and it seemed unanimous based on the scoring criteria and the scoring cards that came back that the ranking order had changed. Commissioner Gort: Did we give any preference to local firms? I mean, we've been talking about hiring local people and giving priority jobs to local people -- Commissioner Spence -Jones: Yeah. I -- Commissioner Gort: -- and that's something that I have a problem with. Commissioner Spence -Jones: -- didn't know that -- that's the first time that I'm actually hearing this. Mr. Bockweg: And Mark -- allow me. Commissioner, when this item first came out, when we put this out, it was ultimately my decision to go ahead and put it out nationally. And the reason why I made that decision was because I thought that we needed to -- for a project as specific, as City of Miami Page 8 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 important and as impactful that it might be that we get the best possible product ultimately made. However, as part of that RFP, we did put in there that there had to be local participation because -- Commissioner Spence -Jones: But did you have any protests? I'm just curious. Mr. Bockweg: No. Commissioner Spence -Jones: Did anybody protest it? Mr. Bockweg: No, ma'am. Well, we haven't issued anything. Remember, we're before you for approval. There were concerns -- there were some concerns as far as the process was concerned, you know, why would we do a design -build instead of a design -bid -build. I can have Mark go through the specifics of that. But again, the process that we undertook was the most efficient and cost-effective process that we had available to us. Again, I wanted to make sure that we had the best product here, but that local participation was an important factor in the ultimate selection committee. I obviously was not on that selection committee, but it was a factor that needed to be considered. Vice Chair Suarez: Mr. Chairman. Commissioner Gort: Okay. My understanding is in the conference that went at the Fontainebleau, I was told that after California, Miami had the best talent. Now my understanding is we have several studios here from the Spanish TV (Television) channels. They got some great studios in there that were built or that were designed by local firm from Miami. And they're very successful, they're doing very well. The studios, my understanding is they have all kinds of people coming from South America to do their programming here. Mr. Bockweg: Well, I think -- Mark, my -- what -- could you kind of lay out the -- if you're able to 'cause I know there's a legal process to this. That's why I keep saying if you're able to. Commissioner Gort: If there's no protest then -- Mr. Bockweg: Could you kind of lay out the reasons for the selection committee's overall scoring? Mr. Spanioli: The evaluation criteria was based specifically on the development of state-of-the-art film studio complex and that's what was put in the RFQ. And the criteria was outlined in a point system and it was based on the qualifications and experience of the proposer and their team, including comparable project experience in the last five years, experience of the project manager on similar projects, design philosophy and process as it relates directly to this project, technical capabilities and references, their -- you know, the references. Those were the specific criteria that had points, categories associated with the evaluation. Commissioner Gort: Under those criterias [sic] the local firms was selected first, number one in the first prong, right? Mr. Spanioli: The -- one of the local firms was selected first place in the short-list ranking. That's correct. Commissioner Gort: Okay. Chair Sarnoff Commissioner Suarez. Vice Chair Suarez: Thank you. Yeah, I share Commissioner Gort's concerns. I sponsored an City of Miami Page 9 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 ordinance at the City level which increased the local preference from 10 percent to 15 percent and I know that this is slightly different because that's not for professional services and that's always complicated when it's a professional services agreement. It was -- my ordinance was friendly amended by my colleague and I thought his amendment was excellent, which was to go back and give -- instead of saying letting the local firm match, let's get, you know, a best value, basically, a best -- Chair Sarnoff Final best offer. Vice Chair Suarez: -- a final best offer was the words that we used. By the way, that has been invoked in Public Works and has saved thousands and thousands of dollars, number one. And number two, it's gotten local firms hired. And part of the CRA and its mission is to promote local businesses, to get the local community working. We're reinvesting our own money. So, you know, I didn't know that -- I was not told that the local firm had scored best on the first round and then second-best in the second round. I was not told that. I was just shown the scores from the actual -- after the oral presentation, I guess. So, you know, that definitely to me gives me pause and maybe, you know, there's got to be some sort of a way for there -- maybe we can go to the best offer and see -- you know, because it's very hard -- these are very qualitative, subjective, you know, situations. And I'm not taking anything away from the selection committee. I know that everyone acted professionally and in good faith. But what's the difference between Holland & Knight and Greenberg Traurig, you know? I mean -- Commissioner Spence -Jones: Bill. Vice Chair Suarez: Huh? Commissioner Spence -Jones: Bill. Vice Chair Suarez: Right. Right, but I'm saying -- you know, you get my drift. My drift is as between two big, well established law firms, it's very hard to create a qualitative difference between one and the other. Chair Sarnoff I was going to say about $300 an hour. Vice Chair Suarez: Yeah. And that may be the difference, and that's kind of where I'm getting at. What I'm getting at is if you have the same level of legal service or any other kind of professional service, but they're willing to do it at a lesser price -- I got into this big debate on this on the auditor -- our selection of our external auditor where the second place company was also a local company and the discrepancy between, you know, the qualitative score of the first place company and the second -place company was like 3 percent or 2 percent. So I mean, is there really -- are they really 2 percent better? And are -- or should we really pay more money for that extra 2 percent? You know, I would love to see if we can invoke, you know, the Vice Chairman's -- Chairman of -- I guess Chairman of Omni, Vice Chairman of the City Commission's idea with reference to getting a, you know, final best offer. Chair Sarnoff Is --? Vice Chair Suarez: Can't do it? Chair Sarnoff Cannot do it at this -- Mr. Spanioli: You can't do that. Commissioner Spence -Jones: I just -- I do want to put on the record as well -- and again, not trying to stop progress, but Commissioner Gort, I mean, brought this issue up and, quite frankly, City of Miami Page 10 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 I had no idea as well. And I'm assuming Commissioner -- What's your name? Chair Sarnoff Suarez. Vice Chair Suarez: My name is Suarez. Commissioner Spence -Jones: Okay. Commissioner Suarez. I'm sorry -- Commissioner Suarez felt the same way as well. So I'm not -- Vice Chair Suarez: It's Francis. Commissioner Spence -Jones: Francis, I'm sorry. Vice Chair Suarez: Okay. Francis Suarez. Commissioner Spence -Jones: Felt the same way as well. I mean, I don't want to stop progress, but I do want to make sure -- I know that at least in the Overtown CRA we mandate, you know, that local firms have the opportunity to, you know, get preference because we got to support our own first. And I do know that you mentioned, Pieter, on the record that they are hiring a lot of local guys to actually participate, but I think it is an issue -- I mean, is it an issue to stop us from moving ahead? I'm not really sure. Mr. Bockweg: I'd like to clam something, if I may, Commissioner. Is that -- 'cause I heard it three times now so I feel like I need to address it, as far as not being aware who was selected first during the short process and then ultimately came in. I am very sensitive about the whole RFP and selection process. I want to make sure that it is very transparent and there is no -- well, just that it's -- Commissioner Spence -Jones: Collusion. Mr. Bockweg: -- very transparent. So I do not get involved in the entire process either, at all. That doesn't meant that I don't know who obviously gets selected first and second and whatnot, but I want to make sure that going forward that I present to the board the final product. Because when I give you the final product, you can rest assured that that process has been followed to the letter. So I want to make sure that I present to you the final product based on a selection committee that is independent of any decision. So that is one of the reasons why -- if you'd like, I can, you know, obviously express that to you in the future, but I want to make sure that that process is protected in its integrity. Commissioner Spence -Jones: But Pieter, I think that what you're hearing is you've got three Commissioners that clearly didn't understand that this was the -- this was an issue. I mean, all three of us honestly could have not -- just like not known. And maybe because the Chairman is more actively involved in it, he probably had the information and we didn't but -- Mr. Bockweg: I'm not so sure if he did actually. I don't remember if I told you, Mr. Chairman. Chair Sarnoff. No. I'm up to date on the process. What I want to know from the City Attorney is how can we move on this process. What can we and should we do? If it was -- I'm getting your instinct that you can no longer do final best offer. Maria J. Chiaro (Deputy City Attorney): Well -- Mr. Spanioli: No. Ms. Chiaro: -- we're not buying widgets here. This process was conducted pursuant to Florida City of Miami Page 11 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Statute 287.055, which is the Competitive Negotiation Act. You have criteria. You -- cost is not an issue. The criteria -- Vice Chair Suarez: Which is crazy. Ms. Chiaro: -- as set forth are the criteria set forth in the statute. We did not include in the criteria a local preference. Commissioner Spence -Jones: But that's -- but we -- why? Ms. Chiaro: So notwithstanding your aspirational directions, it -- the firm itself gets no points for being a local firm. So I want to disabuse you of a notion that you can make this -- you can make a final and best offer, kind of go out there and bring it back for a final and best offer. That's not what you can do. Vice Chair Suarez: Well, let me ask a question, and I hope you give me some latitude here. Do we have the authority to go on the initial scores before the second presentation? Ms. Chiaro: I need to look at the way those are presented to you. The way this resolution appearing in your packet does not give you the ability to negotiate with the first ranked and then if you didn't meet -- you know, if you can't come to an agreement on the first ranked, then negotiate with the second ranked. So you -- that's not the way it's presented to you today. Perhaps the next -- you know, it can be presented, but I haven't looked at that. Chair Sarnoff. Go ahead. Commissioner Gort: I'm not an attorney, but the question is when we issue an RFP -- andl have answered a lot ofRFPs in my life -- don't we have a disclaimer that the decision -maker have the right to reject -- Vice Chair Suarez: Of course. Commissioner Gort: -- and we go out again? Ms. Chiaro: Yes. Mr. Spanioli: We have it. Mr. Bockweg: Yes. Commissioner Gort: Okay. Ms. Chiaro: That's always a -- Commissioner Gort: I mean, that's part of the RFP. Ms. Chiaro: -- the ability. You can reject everything. You can't displace your decision -- Commissioner Gort: Right, I understand. Legally, we cannot change -- Ms. Chiaro: -- the decision of the committee. Commissioner Gort: -- what took place. Commissioner Spence -Jones: Madam City Attorney, let me ask this quick question. And Pieter City of Miami Page 12 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 -- maybe more or less for Pieter. The process -- because it is the CRA, we have a little bit more flexibility, correct, than how the CRA -- Let me finish -- I mean, how the CRA puts out an RFP, like the time frame -- Mr. Bockweg: Yes. We do -- Commissioner Spence -Jones: -- correct? Mr. Bockweg: We have more flexibility as far as receiving unsolicited proposals and -- Commissioner Spence -Jones: And putting out an RFP. Mr. Bockweg: -- the time frame, yes. But as far as this particular process -- and I think Mark should answer that from -- Mr. Spanioli: Any -- Mr. Bockweg: -- as the local engineer. Mr. Spanioli: -- RFPs or RFQs related to architecture, engineering, landscape architecture or surveying requires that we follow state statutes. There -- we do have flexibility just to maybe the time it's out on the street, but everything else has to follow the requirements of the Consultants Competitive Negotiation Act. Vice Chair Suarez: Can I just say something real quick? Chair Sarnoff. Go ahead. Vice Chair Suarez: I said this already at the Commission, but I'll say it again since we're in the sunshine and we can talk to each other right now. You know, we really, really should look at including in our legislative priorities a change of that state statute because it is costing the City of Miami hundreds of thousands of dollars. I know that the -- you know, that the engineering and that the architectural community will be up in arms and will disagree with it, but the fact of the matter is, you can't deprive a city of the ability to not only make a qualitative decision but also a quantitative decision in who they hire to give them professional services. Because like I said before, professional services, who's the better lawyer? Is he a better lawyer than I am? I mean, I don't know. He may charge more than I do, but I don't know if he's a better lawyer than I am. I don't know -- you know, my father I know is in charge of a lot of money. He's a Harvard attorney, you know. He doesn't -- he's not someone that bills a thousand dollars an hour. Can you get a better lawyer than him? I don't know. Not for the money that he charges. I could guarantee you that. If my neck was on the line, he'd be the one that I would want defending me. So you know, I just -- we really need to consider it, I think, for our legislative priorities for the next session. And even if it's unsuccessful, I think we need to send a message to the state legislators that this is costing the City hundreds of thousands of dollars and, you know, it's not resulting in better -- necessarily better decisions at the end of the day, in my opinion. Commissioner Spence -Jones: Mr. Executive Director, just feeding off of Commissioner Gort over here, I mean, is there a will on the board right now to put it back out with the local preference, 'cause it sounds like that's the issue? Chair Sarnoff You can't do that. You're not listening. Florida Statute 287 -- Commissioner Spence -Jones: You can't put it back out to bid? Chair Sarnoff No. You can't have local preference. City of Miami Page 13 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Vice Chair Suarez: You can put it back out to bid, but you can't -- Chair Sarnoff And you can't put it back out to bid because you -- that's a disturbance (UNINTELLIGIBLE) 6: 36: 07 -- Commissioner Spence -Jones: Say it on the record. You can't what? Chair Sarnoff You cannot have local preference for attorneys. You cannot have local preference for architects. You can't have local preference for any engineers, professional services. Ms. Chiaro: You can have local preference for attorneys. Commissioner Gort: Headquarters preference. I mean, the State -- Chair Sarnoff You can? Ms. Chiaro: You can have local preference for attorneys. Commissioner Gort: -- of Florida -- if you want to answer an RFP with the State of Florida, you want to be local, you have to have headquarters there. Vice Chair Suarez: Let -- can we -- let me just -- let me ask this question. Can we reject the bids on the basis that there was a discrepancy between the first round of scoring and the second round of scoring? Ms. Chiaro: Yes. You can reject the responses -- Vice Chair Suarez: On that basis. Ms. Chiaro: -- on any -- of any basis -- Vice Chair Suarez: That's a rational basis. Ms. Chiaro: -- you wish. Vice Chair Suarez: Right. Ms. Chiaro: But I do want to make sure that the record is clear. Under Florida Statute 287, you cannot have a local preference. Other RFPs, you can have -- not other RFPs. Other requests, you can have a local preference. This particular process under the Consultant Competitive Negotiation Act cannot include that criteria because it's State criteria. It's very rigid and it is a very defined process. Vice Chair Suarez: And I understand that. And what I'm talking about is there was a qualitative discrepancy between the initial scoring and the secondary scoring, which I believe this board could conclude made the process fatally flawed. Mr. Bockweg: IfI may, Mr. Chair. Chair Sarnoff. Let me have our CRA attorney say something. Carmen Cabarga (Staff Counsel, Community Redevelopment Agency): I'm sorry. If I could speak because -- City of Miami Page 14 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Chair Sarnoff. State your name for the record. Ms. Cabarga: Carmen Cabarga, attorney for the CRA. Ms. Chiaro and I -- sometimes there's a little bit of a disconnect from the City Attorney's office as to what, you know, we're working on and we do try to work together. I was very much involved in this entire process because this is a state statute that must be followed and especially when we work so hard to have transparency and to make sure that everything is done according to the law. Location is a factor that was considered. As per 287.055, location -- it can be considered and it was considered. Everything is tallied up and then you're given rankings and then you have to negotiate with those that are ranked in the top three. Now when you guys are saying -- Vice Chair Suarez: Can I just ask a follow-up question to --? What do you mean -- Ms. Cabarga: Sure. Vice Chair Suarez: -- by location can be included? Ms. Cabarga: The location. We can give preferences, like we like to do -- as community redevelopment, that's our goal. We can give preferences to local agencies, local firms, local businesses. We want that. So -- Vice Chair Suarez: Even within the professional service context? Ms. Cabarga: Even within the CCNA (Consultants Competitive Negotiations Act). Vice Chair Suarez: Right. Ms. Cabarga: Yes. Commissioner Spence -Jones: Now we got two attorneys over here and they're both looking -- Ms. Cabarga: I'm sorry. She might not have the statute right in front of her because I was -- like I said, I was working on this so I do have it with me now. But that's -- it's allowed and it was done for -- one thing that the board keeps on mentioning is that this -- there was a change in rankings between one time and the other. That is in a way incorrect because you were not -- you have not done your rankings until the process is complete. So after your review on paper and after certain reviews, you have certain scores. Those are per se sub -scores. When you have completed the process is when you have your final scores. So the process was not completed until the oral presentations. So there was -- I don't know if that clarifies -- Chair Sarnoff So are you -- Ms. Cabarga: -- a little bit for the board as far as first and -- Chair Sarnoff -- saying that location was a factor? Ms. Cabarga: Location was a factor and it was weighed, yes. Mr. Bockweg: Hold one second. I apologize, Commissioner. Just to interject, location was not part of the scoring criteria. Okay, it was not part of the -- I think Carmen -- what Carmen's referring to is the overall state statute, but it was not part of the scoring criteria for points. Commissioner Spence -Jones: Guys, guys. This seems like there's a lot of confusion around the issue and I know our City -- our CRA attorney is -- has been very much involved in this whole City of Miami Page 15 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 issue. But I do want to make sure that our City Attorney, which ultimately, you know, is who we look at in the end -- I'm seeing Maria and both Bill -- what is the confusion? Chair Sarnoff Well, I'd like to hear from Bill Bloom. I may as well hear from a tie -breaker. What's the statute say, Bill? Mr. Bockweg: I'm not hiring -- Vice Chair Suarez: No pressure. Mr. Bockweg: -- anymore attorneys. William R. Bloom (Special Counsel, Community Redevelopment Agency): I'm not speaking to the statute. But I'm -- what I'm looking at the -- Commissioner Spence -Jones: Your mike is not on. Chair Sarnoff Put it real close to your -- 'cause if I don't hear you, Bill, you don't get paid. Mr. Bloom: What I'm looking at is -- Chair Sarnoff Still don't hear you, Bill, so you haven't even started billing. Mr. Bloom: -- the criteria that was used for the points and that doesn't include a local preference at all. Chair Sarnoff All right. Here's not the question -- here's the question. Does Florida Statute -- does the law of the state of Florida allow us to factor in location of the contractor? Mr. Bloom: I can't answer that. Chair Sarnoff. You don't know? Mr. Bockweg: Well, Carmen has the law in front of her. Carmen. Ms. Cabarga: I do have the law in front of me, but I have to correct something that I said and I apologize for misleading all of you. Location is something that under Florida Statute we can consider. And I was just told that it was -- Vice Chair Suarez: It was not considered. Ms. Cabarga: -- not considered in this case. Chair Sarnoff Well, that's -- Ms. Cabarga: So I'm sorry. Commissioner Spence -Jones: That's an issue. Ms. Cabarga: I apologize. The documents -- Chair Sarnoff No, no, no, no, no. Ms. Cabarga: -- that I saw before -- City of Miami Page 16 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Chair Sarnoff. 'Cause you're saying something different than the City Attorney is saying. Commissioner Gort: That it was waived. Chair Sarnoff. Madam City Attorney, do you stand by your statement --? First off -- Ms. Chiaro: I will -- Chair Sarnoff -- you will not get paid at all. Ms. Chiaro: I understand that. Vice Chair Suarez: Not by the hour at least. Ms. Chiaro: I -- when I made the statement, I was looking at the criteria on this -- that's included in your packet. Location was not considered. Whether if you threw out all of the responses you could consider the location of the responding firm, I'll look at the law and I'll tell you whether you can include it in your request and thereby include it in your evaluation criteria. You did not do it -- they did not do it this time. Chair Sarnoff. Here's the question, Madam City Attorney. Does Florida Statute -- somebody give me the statute number. Mr. Spanioli: 287.055. Ms. Chiaro: This is the statute so -- Chair Sarnoff Go into the -- I'll tell you what, if you guys don't start speaking into the mike, you should start docking them a week's pay. Mr. Bockweg: Make a note, I'm talking in it. Chair Sarnoff. What statute number? Mr. Spanioli: 287.055. Ms. Chiaro: Okay. And so here -- it looks -- it says here the agency shall select blah, blah, blah and a bunch of criteria. One of the criteria listed is location. Vice Chair Suarez: Can you --? Commissioner Spence -Jones: So you can include it? Chair Sarnoff Okay, so -- let me finish. Ms. Chiaro: Yes. Chair Sarnoff Let me try to guide this along. Ms. Chiaro: Right, right. Chair Sarnoff So is it clear on the record now that location was not a factor considered by this review committee? Ms. Chiaro: Correct. City of Miami Page 17 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Chair Sarnoff Okay. Was there any decision or was there any process as to why that did not occur? Mr. Bockweg: The process of why that did not occur, Commissioner, 'cause I was focused on the best available product for a very specialized use. And that is why I thought it was important to go nationally because of the -- how specialized this type of work is. Chair Sarnoff So you're making sort of the argument that was made for Marlins Stadium, which is that we don't build that many stadiums and there's only like five or six firms in the country that build stadiums, so what you're saying is you wanted to go with somebody who's built stadiums? Mr. Bockweg: Yes. I mean, I don't like the analogy but, yes, the thought -- I wanted to go with people that had the experience for that specialized work, which I thought it was important to -- Chair Sarnoff Did you specifically ask or put in the requirement that there not be a local -- I'm going to use the word location because I don't even want to use the wrong word? Mr. Bockweg: No. Chair Sarnoff. So did you know location existed in the statute? Mr. Bockweg: Yes. I think -- I was made aware of that before the RFP was out. Chair Sarnoff So you made a conscious choice not to make that part of a factor? Mr. Bockweg: I made a conscious choice to focus on the product. Vice Chair Suarez: And ifI may? You know, that's kind of part of the problem -- and we've talked about it at the Commission level as well. We don't get consulted when RFPs are made so we, as the policymakers, don't get to set the policy priorities. For me, it's a priority that location be used. To the extent that price can be used legally, that is also a priority for me, you know, in terms of procuring professional services. If it can't be, then I understand and I think we should get -- try to get the state statute changed. I'm not sure how successful we'll be but we should try. But you know -- go ahead. Mr. Bockweg: I just want to clar -- I just want to bring in front of the board what we're talking about here, the design criteria. And Mark, if you could please explain to the board what exactly entails the design criteria. Commissioner Spence -Jones: But Pieter, I don't think that really -- that's not really the issue. Commissioner Gort: No, no. Wait a minute. 171 ask the question. I'll follow that up. The three people that were selected, they had design criteria, right? They had done -- Commissioner Spence -Jones: Yes. Commissioner Gort: -- that before and they had five years of experience. Am I correct? That's why they were selected. Mr. Spanioli: They were the -- out of the seven packages, they were the top three. Commissioner Gort: Okay. Mr. Spanioli: Yes, they -- all seven had design criteria, but yeah, they had the experience, yes. City of Miami Page 18 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Commissioner Gort: Okay. Thank you. Commissioner Spence -Jones: So can I just ask this? Mr. Bockweg: We -- Commissioner Spence -Jones: Mr. Vice Chair and -- yeah. It seems as though that there's not a consensus to move ahead on this proposal and that there's a strong feeling that we should definitely have local preference. We've been pushing this for God knows how long, you know, and it's a strong -- Commission -- both of them have concerns. I mean, we could always put this thing back out. It doesn't have to be a longer period of time to do it, right, Madam City Attorney? Okay, so that's one. And then I said, even in my open statement and even supporting this item, my comments were, you know, look -- I asked in the last meeting 'cause I did want to have some sort of community -based -- film -based meeting 'cause I didn't have an opportunity to participate in it -- you know, I wanted to have that happen before this actual item came. I'm respecting the district Commissioner that's handling the area, but to me it was something that I would -- ifI supported it today, I would support it with the understanding that this meeting would happen before we actually executed any agreements. Okay? So at this point -- but not having any ideas -- 'cause we can't talk because of the sunshine issue, it seems as though that there is a greater feeling in this board that we just put it back out. Mr. Bockweg: IfI may. I want to make sure that -- the perception that is being circulated is not 100 percent accurate. And that is that local participation was not important. We did feel it was important, but we -- Commissioner Spence -Jones: But it wasn't a part of the criteria. Mr. Bockweg: No. It was not part of the criteria, but we did, when negotiating the contract, make sure that we included local participation. So we had that -- we negotiated that into the proposal that's before you. Vice Chair Suarez: But that's -- I mean, I'm sorry, but that's also like with the Marlins Stadium, bringing in an outside contractor and then saying subcontract with people locally, you know what I mean? You know, it's not really a local company. It's an outside comp -- and then you get into the issues who's going to be checking after the fact, which is something that we've all talked about here -- who's going to be checking to make sure that, you know, these people are in fact, you know, meeting those goals. And it would have to come to the attention of a board member who has to bring it to the attention of the board or to the attention of the executive director to then do like an audit and -- you know, I just -- look, for me, it's very black and white, you know. For me, it's -- there's -- Commissioner Spence -Jones: I withdraw my motion then because it seems like there's confusion on it. Chair Sarnoff Well, you want to bring this -- Commissioner Gort: Or you can keep your motion and we can vote yes or no. Chair Sarnoff Right. And then the question just is -- Commissioner Spence -Jones: But I can also withdraw my motion, right, Madam City Clerk? Commissioner Gort: Yeah. City of Miami Page 19 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Commissioner Spence -Jones: I'm withdrawing my motion. Vice Chair Suarez: I'll make a motion. Commissioner Spence -Jones: So you guys can -- Vice Chair Suarez: I'll make a motion. I'll move -- I move to reject the bid and to direct the CRA staffers that in the next RFP, location be a factor in that RFP. Chair Sarnoff But you may not need to do that because you may just be able to reject this bid and ask them to bring a resolution at the next meeting -- or you could even maybe even do an ore tenus one now accepting the second bidder who you know already has the local preference -- Commissioner Spence -Jones: No. I would -- Chair Sarnoff. -- or you know already is a local firm. Commissioner Spence -Jones: But I -- you know what, but I think it's important to just put it out. If we're going to do it, just let's put it out. Chair Sarnoff I'm not -- Commissioner Spence -Jones: Just put it out again so we don't have any issues that we rejected one person to make it go to the next person. Because honestly, it seems as though we were not clear even with the individuals that were actually grading the proposals. Chair Sarnoff No. You made the motion to reject. Vice Chair Suarez: Right. I can withdraw it if you want. Chair Sarnoff No, no. Make the motion -- Vice Chair Suarez: Okay. Chair Sarnoff -- you made a motion to reject. Vice Chair Suarez: Right, and accept the second bidder on the base -- But can you do that on the basis of--? Commissioner Spence -Jones: No. I -- personally, I think we need to do it the right way. H. Bert Gonzalez (Assistant Director, Community Redevelopment Agency): Mr. Chair -- Mr. Bockweg: I -- Mr. Gonzalez: -- Bert Gonzalez. If I just may interject. There's people here from the selected company and they wish to -- Vice Chair Suarez: Recommended. Mr. Gonzalez: -- speak to you so I put that to the board for consideration. Secondly, in one statements [sic], we are correct. Commissioner Suarez said that there was a discrepancy -- Vice Chair Suarez: Why is everybody forgetting my name today? What's up? City of Miami Page 20 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Mr. Gonzalez: I -- just go on the record. There was -- I don't think it's a discrepancy, but there was a change of rating from the first time when we met with them to the second time when we actually put the rankings of one, two, three. Vice Chair Suarez: And Mr. Gonzalez, just for clarity's sake, you know -- I got to call him (UNINTELLIGIBLE) 6: 50: 42 Bert. Just for clarity's sake, you know, my under -- I didn't know that there was two in effect -- and I understand and I think the CRA attorney kind of explained it in a more artful way that there was kind of a sub ranking or whatever. But I didn't realize that after one processee, you know, the local firm was selected first and then after another processee, the local firm -- Mr. Gonzalez: That is the whole process, where we ask for a hard copy -- Vice Chair Suarez: I understand. No, I understand that and I -- Mr. Gonzalez: -- then we add the oral. Vice Chair Suarez: Listen, you could look at it two different ways. Mr. Gonzalez: I have to support what -- Vice Chair Suarez: I know, of course. Mr. Gonzalez: I was part of that committee and the director. We really were focused on the end product. They -- we were asked -- Chair Sarnoff Let's do this. Let's let -- the first -ranked firm should be allowed to speak. Why don't you come up. I'll give you two minutes to speak. Tell us what you think of the process and why you think we should move forward. Mike Shehadey: Mr. Chairman, board members, my name is Mike Shehadey. I'm with CS Consultants, Inc. We are a local firm and also a part of the team is (UNINTELLIGIBLE) 6:51:45, a contractor. They do contracting nationwide, but they have very strong local presence. Actually, between CAS, which is local -- which is minority owned, Hispanic and African -American owners, two of them -- between us and the contractor, we employ over 263 people in the local area. So when it comes to local preference, I salute you for supporting that preference, but also look at us as also a part of that team. It's not only the (UNINTELLIGIBLE) 6:52:16. And also when it comes to the fact that looking at specialized firm, I can tell you the CS has been in existence for 11 years. We never went outside the state to look for -- to team up with anybody else, but when this issue -- when this product came up, we know how specialized that product is and we shopped around and we did our homework to find the team that can do this work. And when we find Bastien and Associates, I can tell you they are top ranked -- actually, maybe they are the number one in the world when it comes to design of this type of studios. They have -- they built over 150 sound stages and they bid work all over the world. As a matter of fact, 90 percent of their work is direct -- client contact them directly. And they have the relationships. That's one of the biggest selling points. They have the experience. They have the relationships with the producers and the operators of the studios to bring actually people to Miami. And when we went to them, the first question they said, are they going to be looking at local preference or are they going to be consider us very seriously when they look at ranking. We said, no, they are really looking very seriously at having successful studios in Miami. That's why we went with them. Same thing for the contractor. The contractor built studios, actually built several studios with the -- Chair Sarnoff Thank you. City of Miami Page 21 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Mr. Shehadey: I don't know if you want me to stop. Chair Sarnoff Thank you. Mr. Shehadey: Thank you. Chair Sarnoff Let me -- Mr. Bermello is back there. I know he's the number two. Commissioner Gort: May I ask you a question, number one? Chair Sarnoff Sorry. Let -- I'm sorry. Go ahead. Commissioner Gort: You're the local firm, right? Mr. Shehadey: We are one of the local firms. Commissioner Gort: You're one of the local firms. Mr. Shehadey: Yeah. Commissioner Spence -Jones: You're the one that won the bid, right? Ms. Chiaro: Yeah. Commissioner Gort: No, no. Ms. Chiaro: Yes. Commissioner Gort: They're -- Commissioner Spence -Jones: Yeah. Commissioner Gort: -- the main one came in and hired somebody from inside. Do you have a contract with a firm and what percentage of the work are you going to do and what percentage of the revenues are you going to receive? Mr. Shehadey: We have a contract with the firm for a percentage. Commissioner Gort: Okay. Okay. And the contract you got, a majority of the work is going to be done by you? Mr. Shehadey: Between us and these people here, we will have the majority. Commissioner Gort: Thank you. Mr. Shehadey: Thank you. Commissioner Spence -Jones: So you guys are the winners? Chair Sarnoff That's the -- you're the -- Commissioner Spence -Jones: So who --? Chair Sarnoff -- folks who won, but let's get number two up. City of Miami Page 22 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Commissioner Spence -Jones: Who's number two? Chair Sarnoff It's Mr. Bermello. William Bermello: Thank you, Commissioners. Willie Bermello, with address at 2601 South Bayshore Drive, City of Miami. Just quickly, just want to thank you for hearing us. I also want to thank you for what you did for the Leadership Miami. (UNINTELLIGIBLE) 6: 55: 00 were here a number of years ago on the first class of Leadership Miami, people like Neisen Kasdin, Darryl Sharpton and I participated with (UNINTELLIGIBLE) 6: 55: 07 so I'm happy that you're recognizing Leadership Miami. A couple of things. I'm the principal of B&A (Bermello Ajamil). I have another partner. We've been in Miami since 1939. I joined the firm in 1976. Our offices are in the City of Miami, three blocks from Pan American Drive. Bastien is not here today. That is through your contracting, you're -- these gentlemen, they're fine and it's local window dressing, but they're not your prime contractor. Your prime contractor is in California. The term RFP/RFQ has been used interchangeably today. They're not one in the same thing. What you have before you was the selection of a design team based on an RFQ, request for qualifications. And that process went through two steps, which has been discussed here. In the first part of the steps, which was simply a review of the proposal of the qualifications submitted by each team, we were ranked number one. Not on a dog and pony show, not on how well we present, not on how flashy we are. On the basis of our qualifications and our experience as documented in a document that was reviewed by your committee. In the second go -round, we dropped from number one. And I want us to submit that one of the reasons that we dropped from number one is the fact that I think we misunderstood some of the things that were said in the initial meetings by CRA staff in that $1 million had been assigned for this phase of the work. And we took that as the fact that the City wanted to go through a very detailed process to make sure that at the completion of that process you would end up with a document that was clearly identifiable in terms of cost so there'll be no surprises as you went forward in hiring a design -build team. On qualifications, our firm has done the -- Commissioner Spence -Jones: Mr. Chairman. Mr. Bermello: -- Univision -- Commissioner Spence -Jones: You're giving him more time. Mr. Bermello: -- mega TV studios in Miami and -- Chair Sarnoff All right, Mr. Bermello. Mr. Bermello: Yes. Chair Sarnoff Thank you. We appreciate what you said, but we're going to wrap this up. I think the -- I wanted to have the motion restated. Vice Chair Suarez: Yeah. I'll restate the motion. The motion is to reject the recommended bidder and award to the second -- Ms. Chiaro: You can't do that. Vice Chair Suarez: You can't do that? Commissioner Spence -Jones: Wait. No -- Ms. Chiaro: You can't do that. City of Miami Page23 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Vice Chair Suarez: Okay, then so reject -- Ms. Chiaro: The way the motion is presented has to require that you negotiate with the first -- Vice Chair Suarez: That's fine. Ms. Chiaro: -- approved first and then if you can't negotiate -- Chair Sarnoff It comes back. It come -- he -- right. He could make a motion to reject and then ask Pieter Bockweg, the director, to negotiate with the second -- Vice Chair Suarez: Negotiate with the second ranked. Chair Sarnoff -- bidder and bring it back for a resolution. Commissioner Spence -Jones: But Mr. -- Ms. Chiaro: No. You can't reject the first. You have to negotiate with the first and then award -- and then if you don't -- that's the way the statute reads. Commissioner Spence -Jones: Mr. Vice Chair -- Mr. Bockweg: Wait, wait. Well, I need clarification on that. Commissioner Spence -Jones: And -- Pieter, one second. Honestly, Mr. Vice Chair, I think what you're doing is probably the right thing, but the way that it's coming off, it just -- to me, it doesn't appear to be really transparent. So honestly, I think the best way to handle it, if you're rejecting the bid and that it -- just let it go out to bid, an expedited process. Don't -- I mean, I want to be respectful to the individuals that came all the way here, you know, to -- Vice Chair Suarez: I'm fine with that. Commissioner Spence -Jones: -- that felt that they won this proposal. And quite frankly, it wasn't really their fault that we did not communicate to them properly. Vice Chair Sarnoff Let me restate my motion then. My motion then is to reject the recommendation of the selection committee and to direct the CRA -- that's kind of the way I said it the first time -- to make location a factor in the criteria because as a policy -- from a policy matter, that is something that we want to promote. That's my motion. Mr. Bockweg: As far as the point evaluation. Commissioner Spence -Jones: Second. Commissioner Gort: Second. Chair Sarnoff. We have a motion. We have a second. What did you want to say, Mr. Director? Mr. Bockweg: No. I just wanted to clarify that the location is part of the points -- Vice Chair Suarez: Correct. Mr. Bockweg: -- evaluation system. Commissioner Spence -Jones: And I would like to make sure -- just so that we're on the same City of Miami Page 24 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 4. 12-00185 page -- I don't know who the five people that were on the selection committee -- it would be nice to make sure that you do have somebody that is from the industry on that committee. Vice Chair Suarez: Panel. Commissioner Spence -Jones: Now maybe you did have someone, but if not, I want to make sure that they are. Did you have anybody from the industry on the committee? Mr. Bockweg: No. Commissioner Spence -Jones: I mean -- Mr. Bockweg: Yeah, but Commissioner, I want to address that. Commissioner Spence -Jones: That's okay. It's all right. We just need to make sure the next time. Mr. Bockweg: No, no. I know, but there's a reason for that. Remember, what was in front of the committee is what's going to be constructed and that was based in the envelope of the RFQ and the parameters that we received from our SMAK (Skills Media Arts Komplex) committee. Commissioner Spence -Jones: I know, but you still should have on -- Mr. Bockweg: And the SMAK committee was the ones that gave us the framework of what -- Commissioner Spence -Jones: I got you, Pieter. Mr. Bockweg: -- is needed. Commissioner Spence -Jones: But on the -- I think it's important, though, Pieter, to have somebody on that committee that is -- when they're looking at these proposals to make a suggestion or to make a selection, that it's somebody that has an understanding of the business. Mr. Bockweg: Okay. Chair Sarnoff. All right. We have a motion. We have a second. All in favor, please say "aye." The Commissioners (Collectively): Aye. Chair Sarnoff Anybody opposed? All right. And you'll bring this back, Pieter, in about, hopefully, 30 days? Commissioner Spence -Jones: The next -- it should be -- can it be available for the next meeting? Mr. Bockweg: I can have -- I have discretion how long I could put it out on the street, so I'll try to do my -- well, actually, no. It's going to have to be May -- Chair Sarnoff Okay. Mr. Bockweg: -- Commissioner, because the selection committee has to review it again and whatnot. Chair Sarnoff All right. CRA RESOLUTION City of Miami Page 25 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING ADDITIONAL FUNDS FOR THE DEMOLITION OF THE CAFE BUILDING AT BICENTENNIAL PARK, IN AN AMOUNT NOT TO EXCEED $37,173.38; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AND AMEND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; FUNDS TO BE ALLOCATED FROM OMNI TAX INCREMENT FUND, "OTHER CONTRACTUAL SERVICES," ACCOUNT CODE NO. 10040.920101.534000.0000.00000. File # 12-00185 02-27-12 Cover Memo.pdf File # 12-00185 02-27-12 Financial Form.pdf File # 12-00185 02-27-12 Backup.pdf File # 12-00185 02-27-12 Legislation.pdf File # 12-00185 02-27-12 Legislation (Signed).pdf File # 12-00185 03-29-12 Cover Memo.pdf File # 12-00185 03-29-12 Financial Form.pdf File # 12-00185 03-29-12 Backup.pdf Motion by Vice -Chair Suarez, seconded by Board Member Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Spence -Jones, Commissioner Gort, Vice Chair Suarez and Chair Sarnoff Absent: Commissioner Carollo CRA-R-12-0023 Chair Sarnoff CRA (Community Redevelopment Agency) number 4. Pieter A. Bockweg (Executive Director, Community Redevelopment Agency): Mark. Mark Spanioli (Director, Construction and Engineering): Good evening, Commissioners. Mark Spanioli, CRA. Vice Chair Suarez: Move it. Commissioner Spence -Jones: Second Chair Sarnoff Any discussion? Vice Chair Suarez: Nope. Chair Sarnoff All in favor, please say "aye." The Commissioners (Collectively): Aye. 5. CRA RESOLUTION 12-00186 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY City of Miami Page 26 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 AUTHORIZING THE PAYMENT, IN AN AMOUNT NOT TO EXCEED $28,000, TO FIRST SOUTHWEST, FOR FINANCIAL SERVICES PROVIDED FORA $50 MILLION IRREVOCABLE STANDBY LETTER OF CREDIT ("LOC") FROM WELLS FARGO BANK, N.A., OBTAINED FOR THE MIAMI PORT TUNNEL PROJECT ("PROJECT"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "PROFESSIONAL SERVICES," ACCOUNT CODE NO. 10040.920101.531000.0000.00000. File # 12-00186 02-27-12 Cover Memo.pdf File # 12-00186 02-27-12 Financial Form.pdf File # 12-00186 02-27-12 Backup.pdf File # 12-00186 02-27-12 Legislation.pdf File # 12-00186 02-27-12 Legislation(signed).pdf File # 12-00186 03-29-12 Cover Memo.pdf File # 12-00186 03-29-12 Financial Form.pdf File # 12-00186 03-29-12 Backup.pdf Motion by Vice -Chair Suarez, seconded by Board Member Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: Commissioner Spence -Jones, Commissioner Gort, Vice Chair Suarez and Chair Sarnoff Absent: Commissioner Carollo CRA-R-12-0024 Chair Sarnoff CRA (Community Redevelopment Agency) number 5, Mr. Director. Pieter A. Bockweg (Executive Director, Community Redevelopment Agency): Mr. Chairman, CRA number 5 is the reimbursement of services to a Ed Marquez -- Vice Chair Suarez: Move it. Mr. Bockweg: -- who was -- Commissioner Spence -Jones: Second. Mr. Bockweg: I need to make a slight amendment. Vice Chair Suarez: No, I know. Mr. Bockweg: Okay. Vice Chair Suarez: Go ahead. Mr. Bockweg: I need to make a slight amend -- I'm reviewing the attached justifications. I need to reduce the amount by $6, 257.25. Chair Sarnoff. Maker accepts the amendment? Vice Chair Suarez: As amended. Yes. City of Miami Page 27 Printed on 8/13/2012 OMNI Community Redevelopment Agency Meeting Minutes March 29, 2012 Chair Sarnoff Seconder accept? Commissioner Spence -Jones: Second. Chair Sarnoff All in favor, please say "aye." The Commissioners (Collectively): Aye. 6. CRA RESOLUTION 12-00302 ADJOURNMENT A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING AN EXPENDITURE, IN AN AMOUNT NOT TO EXCEED OF $7,900.44, TO HD SUPPLY, INC. FOR THE PURCHASE OF A STREETLIGHT POLE THAT WAS KNOCKED DOWN AT THE WEST SIDE OF NORTH BAYSHORE DRIVE BETWEEN NE 14TH AND NE 15TH STREETS. THIS STREETLIGHT IS LOCATED WITHIN THE "SUPERBLOCK" AREA OF THE ADRIENNE ARSHT CENTER, A CRA MAINTAINED STREETLIGHT FACILITY. File # 12-00302 03-29-12 Cover Memo.pdf File # 12-00302 03-29-12 Financial Form.pdf File # 12-00302 03-29-12 Backup. pdf File # 12-00302 03-29-12 Legislation.pdf Motion by Vice -Chair Suarez, seconded by Board Member Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: Commissioner Spence -Jones, Commissioner Gort, Vice Chair Suarez and Chair Sarnoff Absent: Commissioner Carollo CRA-R-12-0025 Chair Sarnoff CRA (Community Redevelopment Agency) number 6. Commissioner Spence -Jones: So moved. Vice Chair Suarez: Second. Chair Sarnoff. Any discussion? Vice Chair Suarez: Nope. Chair Sarnoff. Hearing none, all in favor, please say "aye. " The Commissioners (Collectively): Aye. Chair Sarnoff Meeting is adjourned. Thank you. Meeting adjourned at 7: 01 p.m. City of Miami Page 28 Printed on 8/13/2012