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HomeMy WebLinkAboutLegislationCity of Miami 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 Page 1 of 3 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 City of Miami Page 2 of 3 File Id: 16-00988 (Version: 1) Printed On: 7/11/2016 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, City of Miami Page 3 of 3 File Id: 16-00988 (Version: 1) Printed On: 7/11/2016