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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www:miamigov,com
File Number: 16-00988 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REJECTING ANY AND ALL PROPOSALS IN RESPONSE TO CITY OF MIAMI.
DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT REQUEST FOR
PROPOSALS ("RFP") NO. 12-14-077, FOR THE LEASE AND DEVELOPMENT OF
CITY OF MIAMI OWNED WATERFRONT PROPERTY FOR
MARINA/RESTAURANT/SHIP/STORE USES LOCATED IN VIRGINIA KEY;
REQUESTING THE DRAFTING OF A NEW RFP ADDRESSING RELEVANT
NOTABLE PROVISIONS OF THE VIRGINIA KEY MASTER PLAN AND
CONSIDERING RECOMMENDATIONS MADE BY THE VIRGINIA KEY ADVISORY
BOARD AND OTHER INTERESTED STAKEHOLDERS; FURTHER DIRECTING THE
CITY MANAGER TO SUBMIT THE PROPOSED NEW RFP TO THE CITY
COMMISSION FOR THEIR REVIEW, COMMENT, AND APPROVAL PRIOR TO
ISSUANCE.
WHEREAS, the City of Miami ("City") owns the property Located in Virginia Key Marina, more
particularly described in the City of Miami ("City") Department of Real Estate and Asset Management
("DREAM") Virginia Key Marina Request for Proposal ("RFP") No. 12-14-077, attached and
incorporated; and
WHEREAS, Section II(v) of said RFP provides that the "City Commission may accept the
recommendation of the City Manager, may reject any or all proposals, or may seek a recommendation
directly from the Selection Committee" and
WHEREAS, pursuant to Chapter 18, Article V of the Code of the City of Miami, Florida, as
amended ("City Code"), entitled "Sale or Lease of City's Real Property", specifically Section 18-177,
"Competitive Sealed Bidding", the City shall have the right to cancel all invitations for bids or requests
for proposals; and
WHEREAS, the City Manager, after review of the Selection Committee's recommendation, has
made a recommendation that the City commence negotiations with the top ranked proposer, Virginia
Key, LLC ("RCI Group"), for the lease contemplated by this RFP for later presentation to the City
Commission for its consideration and approval; and
WHEREAS, the ability of the City Commission, under applicable laws, regulations, procedures
and practices, reserves the right to reject all bids or proposals as this is a customary reserved right of
the City in competitive solicitations such as this, and can be exercised when not arbitrary, capricious,
or stifling to competition; and
WHEREAS, Florida authorities recognize the ability of a local agency or government to reject
all bids or proposals in the honest exercise of its discretion, which cannot be overturned in the
absence of a finding of illegality, fraud, oppression, or misconduct, and for which judicial intervention in
such a decision should not occur, unless the purpose or effect of the rejection is to defeat the object
and integrity of competitive bidding; and
City of Mianci
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File Id: 16-00988 (Version: 1) Printed On: 7/11/2016
File Number: 16-00988
WHEREAS, there are valid concerns with the scale, massing and intensity of the project
provided for by this RFP relative to the natural environment and ecosystem of Virginia Key; and
WHEREAS, the most recent and adjacent development on Virginia Key, the "Flex Park", built
to host the International Boat Show, reflects a pro -development approach in conflict with the City's
current published plans to prioritize green space and public access at the Flex Park; and
WHEREAS, on June 29, 2016, the Virginia Key Advisory Board, a City board tasked with
implementing the 2010 Virginia Key Master Plan, passed a resolution urging the City Commission to
reject all bids in the Virginia Key Marina RFP; and
WHEREAS, the City Commission has received significant negative public feedback regarding
the requirements of, and thirty (30) addenda to, the Virginia Key Marina RFP, as noted below:
1) Failure of the RFP to adhere to the notable elements of the Virginia Key Master Plan;
2) A number of boat slips required by the RFP forced bidders to respond with designs that
place boat slips into the Historic Basin;
3) Legitimate concerns by City staff and others that removing these boat slips from the
proposed design by the winning bidder may constitute a material variance from the RFP
that would impact the amount of the consideration paid over the term of the lease, the
design of the project, and the distribution and location of these slips;
4) Lack of clarity regarding the RFP's parking requirements: the requested new RFP must
clearly state that all parking must be public municipal parking managed by the City's
Department of Off -Street Parking and that said parking is to be situated on deeded to
the City by Miami -Dade County;
5) Lack of specificity regarding the RFP's green building incentives and requirements;
6) Lack of sufficient input into the RFP from the Waterfront Advisory Board and other
interested stakeholders; and
7) Lack of more stringent disclosure requirements, including a detailed listing and
disclosure of all litigation, breaches, or defaults of contract and civil, regulatory, criminal
or statutory violations by the proposers, their principals, parents, affiliates and
subsidiaries, in the continental United States in the past twenty (20) years;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 Commission, due to the foregoing concerns and other declarations placed
on the record which shall be deemed as being incorporated by reference herein, hereby rejects any
and all proposals received in response to RFP No, 12-14-077.
Section 3. The City Manager is directed to send out appropriate communication to all
proposers who submitted proposals, confirming and advising that all proposals have been rejected.
Section 4. The City Manager is further directed to work with the City Administration to draft a
new RFP which shall address all such concerns expressed herein and further take into account the
notable provisions of the Virginia Key Master Plan which are relevant and applicable to this project,
and shall consider any recommendations made by the Virginia Key Advisory Board and other
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File Number: 16-00988
Interested stakeholders living or working in close proximity to the intended project site.
Section 5, The City Manager is additionally directed to submit the proposed new RFP to the
City Commission for their review, comment, and approval prior to its issuance.
Section 6, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor
AP ROVED TO FORM AND CORRECTNESS:
IA MN�EZv
'ATTU R
he Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
d s 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,
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