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Legislation
Resolution
File Number: 16-00518
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date;
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING AND APPROVING THE DEPARTMENT OF REAL ESTATE AND ASSET
MANAGEMENT DIRECTOR'S DECISION TO DENYTHE PROTESTS BY NEW
RICKENBACKER MARINA, LLC AND VIRGINIA KEY SMI, LLC, FOR REQUEST
FOR PROPOSALS NO. 12-14-077, FOR LEASE AND DEVELOPMENT OF CITY OF
MIAMI OWNED WATERFRONT PROPERTY FOR MARINASIRESTAURANT/SH[PIS
STORE USES LOCATED IN VIRGINIA. KEY.
WHEREAS, the City of Miami ("City") owns the property located in Virginia Key Marina, more
particularly described in the Virginia Key Marina Request for Proposal ("RFP") No. 12-14-077 together
with all exhibits, attachments, and addenda thereto ("Property"); and
WHEREAS, on June 15, 2015, the City Issued the RFP to solicit an integrated package for
planning, design, construction, leasing and management services from the private sector to operate
the Property for marinas/restaurant/ship's store uses; and
WHEREAS, three (3) proposals were received in response to the RFP from New Rickenbacker
Marina, LLC ("Tifon"); Virginia Key SMI, LLC ("Suntex"); and Virginia Key, LLC ("RCI Group"),
respectively; and
WHEREAS, pursuant to the RFP, the City Manager appointed a Selection Committee
("Committee") to evaluate the proposals received in response to the RFP; and
WHEREAS, the Committee met on March 16, 2016 to (1) evaluate the criteria and the scoring
values assigned; and (2) determine a rank order based on the score achieved; and (3) render a written
Memorandum for Recommendation for Final Selection to the City Manager; and
WHEREAS, the Committee recommended to the City Manager that the City negotiate with the
highest ranked proposer, RCI Group, and the City Manager approved the recommendation of the
Committee; and
WHEREAS, pursuant to Section 18-104 of the Code of the City of Miami, Florida, as amended
("City Code"), entitled "Resolution of Protested Solicitations and Awards", Tifon and Suntex timely
submitted written notices of intent to file a protest and written protests, with the necessary documents
and filing fees, within the prescribed time periods; and
WHEREAS, pursuant to Section 18-104 of the City Code, a stay in the procurement during the
protests occurred to resolve the issues surrounding this procurement, including the protests
themselves as filed by Tifon and Suntex; and
WHEREAS, pursuant to Section 18-176.3 of the City Code the Director of the Department of Real
Estate and Asset Management ("DREAM") acts as the Chief Procurement Officer in proceedings
arising under the Code provisions concerning the sale or lease of the City's real property; and
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File Number., 16-00518
WHEREAS, the Director of DREAM, acting as Chief Procurement Officer, reviewed the protests
submitted on behalf of Tifon and Suntex, and determined that both of the protests should be denied,
and further provided the attached memoranda detailing the justification for this determination; and
WHEREAS, the Director hereby recommends that the City Commission deny the protests of Tifon
and Suntex; and
WHEREAS, both the City Manager and City Attorney concur with the Chief Procurement Officer's
recommendations, and
WHEREAS, the City Commission, at a public meeting, has heard the protests of Tifon and Suntex
and considered their arguments and documentation, and further considered the responses and
documentation of the recommended proposer, RCI Group and of the City Administration and has, in
consideration of the foregoing arguments, and documents, and being otherwise fully advised of the
premises, the City Commission approves of the decision of the Director to deny the protests submitted
by Tifon and Suntex; and
WHEREAS, the City Commission does not think the Evaluation or Selection process was arbitrary
or capricious, subject to fraud or collusion or departed from the essential requirements of law, or
violated any fundamental rights such as each party's right to due process; and
WHEREAS, the standard for challenging the award of a competitive solicitation in Florida is that a
public body has wide discretion in soliciting and accepting bids or proposals for competitively solicited
projects and such decisions, when based on an honest exercise of this discretion, are generally not
overturned by a court even if it may appear debatably to some to be erroneous in their view, and even
if reasonable persons may disagree; and
WHEREAS, a protest under Section 15-104 of the City Code may not challenge the relative weight
of the evaluation criteria or the formula for assigning points in making an award determination;
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 as if fully set forth in this Section.
Section 2. The DREAM Director's decision, acting as Chief Procurement Officer, to deny the
protests submitted by Tifon and Suntex, is accepted and approved.
Section 3. This Resolution shall become effective immediately upon adoption and signature of the
Mayor. {1}
APP OVEDASTO FORM AND
�}CORRECTNESS:
VTORIA NIENDEZ
CITY ATTORNEY
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Footnotes:
(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.
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