HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #2525
Date: 07/05/2017
Commission Meeting Date: 11/16/2020
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Accept Recommendation - Virginia Key Marina
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s) accepting the City
Manager's recommendation approving the findings of the Selection Committee that
Virginia Key, LLC ("Proposer"), is the top ranked proposer for the Request for Proposals
No. 16-17-011 ("RFP"), for lease and development of City of Miami -owned waterfront
property for marinas/restaurant/ship's store uses located in Virginia Key ("Property");
authorizing and directing the City Manager to negotiate a lease with the Proposer for the
uses permitted by the RFP, subject to the review and approval of the City Attorney, for
an initial term of forty-five (45) years, with two fifteen (15) year renewal terms and
payment of base rent equal to Two Million and Two Hundred Thousand Dollars
($2,200,000) annually ("Base Rent") plus Six percent (6%) of revenues as further
defined in the proposal submitted by Proposer; additionally, the Base Rent shall be
adjusted on an annual basis by the greater of CPI or Three percent (3%) escalator;
further providing that the execution of a lease with Proposer does not confer any
contractual rights upon Proposer unless and until the electorate has cast a favorable
vote approving the transaction as required by City Charter section 29-B.
Background Information:
The City of Miami ("City") owns the property located in Virginia Key Marina at
approximately 3301, 3605, 3501, 3311, & 3511 Rickenbacker causeway, Miami, Florida
33149, and more particularly described in RFP 16-17-011 and all exhibits, attachments,
and addenda thereto ("Property").
The City issued Request for Proposals No. 16-17-011 on February 17, 2017, to solicit a
plan to redesign, construct, renovate, redevelop, lease, manage and operate a mixed -
use waterfront facility including, but not limited to, a marina, boatyard, dock master's
office, store, dry storage, wet slip docks, and at least one restaurant at the Property
("RFP"). Three (3) proposals were received in response to the RFP from GCM
Contracting Solutions, Inc., Biscayne Marine Partners, LLC, and Virginia Key, LLC,
respectively.
Pursuant to the RFP, the City Manager appointed the Selection Committee
("Committee") to review and evaluate proposals to determine proposers' experience,
financial capabilities, as well as each proposal's aesthetics, resilient design, and
adherence to the existing Virginia Key Master Plan (the "Committee"). The Committee
met on June 12, 2017 to hear presentations and again on June 14, 2017 to evaluate the
criteria and the scoring values assigned and determine a rank order based on the score
achieved and render a written Memorandum for Recommendation for Final Selection to
the City Manager.
The Committee recommended Virginia Key, LLC as the top -ranked proposer.
Thereafter, the City Manager approved the recommendation of the Committee on June
15, 2017. The City Manager has transmitted to the City Commission his
recommendation. On June 27, 2017, the second ranked proposer filed a bid protest
related to the City Manager's approval of the Committee's recommendation. On July 20,
2017, in accordance with the City Code and the requirements of the RFP, a hearing was
held before a Hearing Officer to hear the second ranked proposer's protest. On July 27,
2017, the Hearing Officer rendered an order denying the protest and affirming the City
Manager's recommendation to award a contract to Virginia Key, LLC.
The above actions and procedures have been performed in accordance with the Code
of the City of Miami, Florida, as amended, City Charter, RFP provisions, and the Virginia
Key Master Plan.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
$2,200,000 annually plus 6% of revenues
General Account No: 04002.221100.448000.0000.00000
Reviewed B
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget Everton Garvis
Office of Management and Budget Christopher M Rose
City Manager's Office Alberto N. Parjus
City Manager's Office Daniel J. Alfonso
Legislative Division Marta Gomez
Office of the City Attorney Barnaby L. Min
Legislative Division Marta Gomez
Office of the City Attorney Barnaby L. Min
Office of the City Attorney Victoria Mendez
City Commission Nicole Ewan
City Commission Nicole Ewan
City Commission Nicole Ewan
Legislative Division Valentin J Alvarez
Office of the City Attorney Valentin J Alvarez
Office of the City Attorney Victoria Mendez
City Commission Joyce Jones
City Commission Nicole Ewan
City Commission Nicole Ewan
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Pedro Lacret
Christopher M Rose
Fernando Casamayor
Valentin J Alvarez
Nikolas Pascual
Valentin J Alvarez
Victoria Mendez
Nicole Ewan
Maricarmen Lopez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Legislative Division Review
Deputy Attorney Review
Approved Form and Correctness
Meeting
Meeting
Meeting
Legislative Division Review
Deputy Attorney Review
Approved Form and Correctness
Meeting
Meeting
Meeting
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy Attorney Review
Approved Form and Correctness
Meeting
Meeting
Completed 07/06/2017 7:19 AM
Completed 07/06/2017 9:59 AM
Completed 07/06/2017 1:07 PM
Completed 07/07/2017 9:26 AM
Completed 08/23/2017 6:45 PM
Completed 08/23/2017 7:24 PM
Completed 08/24/2017 1:40 PM
Completed 08/24/2017 3:56 PM
Completed 08/24/2017 4:17 PM
Completed 08/24/2017 4:27 PM
Completed 08/28/2017 9:00 AM
Completed 09/01/2017 9:00 AM
Completed 03/08/2018 9:00 AM
Completed 08/23/2018 3:00 PM
Skipped 08/17/2018 11:12 AM
Completed 08/30/2018 3:33 PM
Completed 09/13/2018 9:00 AM
Completed 09/27/2018 9:00 AM
Completed 12/13/2018 9:00 AM
Completed 05/03/2019 8:31 AM
Completed 05/06/2019 6:08 PM
Completed 05/10/2019 6:00 AM
Completed 05/13/2019 10:04 AM
Completed 05/13/2019 12:40 PM
Completed 05/14/2019 9:10 AM
Skipped 05/13/2019 12:39 PM
Completed 05/14/2019 6:55 PM
Completed 05/23/2019 9:00 AM
Completed 06/13/2019 9:00 AM
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Department of Fire -Rescue
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Nicole Ewan
Maricarmen Lopez
Nicole Ewan
Nicole Ewan
Nicole Ewan
Todd B. Hannon
Nicole Ewan
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Daniel Diaz
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Meeting Completed
Meeting Completed
Meeting Completed
Meeting Completed
Meeting Completed
Meeting Completed
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review Completed
Deputy Attorney Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
07/11/2019 9:00 AM
09/12/2019 9:00 AM
12/12/2019 9:00 AM
06/11/2020 9:00 AM
07/23/2020 9:00 AM
10/08/2020 9:00 AM
11/16/2020 10:00 AM
11/25/2020 4:17 PM
11/25/2020 4:37 PM
12/09/2020 12:08 PM
12/09/2020 2:07 PM
12/09/2020 4:58 PM
Completed
12/10/2020 10:30 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0361
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2525 Final Action Date:11/16/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION REJECTING ALL PROPOSALS
IN RESPONSE TO CITY OF MIAMI ("CITY") DEPARTMENT OF REAL ESTATE AND
ASSET MANAGEMENT'S REQUEST FOR PROPOSALS NO. 16-17-011 FOR THE
LEASE OF CITY -OWNED WATERFRONT PROPERTY FOR
MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301,
3605, 3501, 3311, AND 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA DUE
TO THE REASONS PLACED IN THE RECORD AT THE SPECIAL CITY
COMMISSION MEETING OF NOVEMBER 16, 2020.
WHEREAS, the City of Miami ("City") owns the property located at approximately 3301,
3605, 3501, 3311, and 3511 Rickenbacker Causeway, Miami, Florida on Virginia Key
("Property"); and
WHEREAS, the City issued Request for Proposals No. 16-17-011 ("RFP") on February
17, 2017 to solicit a plan to redesign, construct, renovate, redevelop, lease, manage, and
operate a mixed -use waterfront facility, including but not limited to a marina, boatyard, dock
master's office, store, dry storage, wet slip docks, and at least one (1) restaurant at the
Property; and
WHEREAS, three (3) proposals were received and deemed responsive in accordance
with the RFP's terms and conditions; and
WHEREAS, pursuant to the RFP, the City Manager convened a Selection Committee to
review and evaluate the proposals to determine each proposers' experience and financial
capabilities as well as each proposal's aesthetics, resilience of design, and adherence to the
existing Virginia Key Master Plan ("Selection Committee"); and
WHEREAS, the Selection Committee met on June 12, 2017 and heard oral
presentations from the three (3) proposers; and
WHEREAS, the Selection Committee then met on June 14, 2017 to (i) evaluate
proposals; (ii) evaluate criteria and scoring values assigned; and (iii) determine a rank order
based on the score achieved and render a recommendation to the City Manager of its findings;
and
WHEREAS, the Selection Committee recommended Virginia Key, LLC ("Proposer") as
the top -ranked proposer; and
WHEREAS, the City Manager approved the recommendation of the Selection
Committee on June 15, 2017; and
WHEREAS, on June 27, 2017, the second ranked proposer filed a bid protest related to
the City Manager's approval of the Selection Committee's recommendation; and
WHEREAS, on July 20, 2017, in accordance with Chapter 18 of the Code of the City of
Miami, Florida, as amended ("City Code"), and the requirements of the RFP, a bid protest
hearing was held before a Hearing Officer; and
WHEREAS, on July 27, 2017, the Hearing Officer rendered an order denying the bid
protest and affirming the City Manager's recommendation to award a contract to the Proposer
as the highest ranked responsive, responsible proposer; and
WHEREAS, on September 1, 2017, the second ranked proposer appealed the Hearing
Officer's decision by filing a petition for Writ of Certiorari to the Eleventh Judicial Circuit in and
for Miami -Dade County; and
WHEREAS, the Eleventh Judicial Circuit heard oral arguments on the matter and
ultimately denied the second ranked proposer's petition on July 30, 2018, effectively upholding
the Hearing Officer's decision to affirm the City Manager's recommendation of the Proposer;
and
WHEREAS, on October 11, 2018, the second ranked proposer appealed the decision of
the Eleventh Judicial Circuit by filing a petition for Writ of Certiorari to the Third District Court of
Appeal of Florida; and
WHEREAS, the Third District Court of Appeal denied the second ranked proposer's
petition on February 13, 2019, effectively upholding the Hearing Officer's decision to affirm the
City Manager's recommendation of the Proposer; and
WHEREAS, the City Manager has transmitted his recommendation to award the contract
under the RFP to the Proposer to the City Commission for consideration; and
WHEREAS, the City Commission, pursuant to Chapter 18 of the City Code, has the right
to reject all bids or proposals upon recommendation by the City Manager;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Due to the concerns placed in the record at the Special City Commission
meeting on November 16, 2020 and incorporated by reference herein, all proposals in response
to the RFP for the lease of the Property are rejected.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
APPROVED AS TO FORM AND CORRECTNESS:
8/24/2017 - rtb ia` h� de��S z, pity Attor
ez, ity ttor ey 5/14/2019