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HomeMy WebLinkAboutR-20-0361City of Miami Resolution R-20-0361 Legislation 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 City of Miami Page 1 of 3 File ID: 2525 (Revision: D) Printed On: 5/12/2025 File ID: 2525 Enactment Number: R-20-0361 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. City of Miami Page 2 of 3 File ID: 2525 (Revision: D) Printed on: 5/12/2025 File ID: 2525 Enactment Number: R-20-0361 APPROVED AS TO FORM AND CORRECTNESS: z, i Y ttor ey ) 12/10/2020 City of Miami Page 3 of 3 File ID: 2525 (Revision: D) Printed on: 5/12/2025