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Home My WebLink AboutCC 2016-06-22 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Rega/ado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner District One Frank Caro//o, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Wednesday, June 22, 2016 2:00 PM 2:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE ORDER OF THE DAY SPA City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City Hall Commission Chambers Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon On the 22nd day of June 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The Commission Meeting was called to order by Chair Hardemon at 2:05 p.m., recessed at 2:09 p.m., reconvened at 2:14 p.m., recessed at 3:34 p.m., reconvened at 4:06 p.m., and adjourned at 7:49 p.m. Note for the Record: Commissioner Suarez entered the Commission chambers at 2:09 p.m. and Commissioner Gort entered the Commission chambers at 2:11 p.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk RESOLUTION SPECIAL MEETING ITEMS 16-00518 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING AND APPROVING THE DEPARTMENT OF Department ofReal REAL ESTATE AND ASSET MANAGEMENT DIRECTOR'S DECISION TO Estate andAsset DENY THE BID PROTEST OF VIRGINIA KEY SMI, LLC REGARDING Management REQUEST FOR PROPOSALS ("RFP") NO. 12-14-077, FOR THE LEASE AND DEVELOPMENT OF CITY OF MIAMI OWNED WATERFRONT PROPERTY FOR MARINE/RESTAURANT/SHIP'S STORE USES LOCATED IN VIRGINIA KEY; FURTHER DENYING THE BID PROTEST OF NEW RICKENBACKER MARINA LLC REGARDING RFP NO. 12-14-077 DUE TO ITS LACK OF STANDING. City ofMioIni Page I Printed on 7/1/2016 City Commission Marked Agenda June 22, 2016 16-00518 Summary Form.pdf, 16-00518 Back -Up from Law Dept.pdf, 16-00518 Legislation (Version1).pdf, 16-00518 Legislation (Version2).pdf, 16-00518 Legislation (Version3).pdf, 16-00518 Exhibit.pdf, 16 -00518 -Submittal -City Attorney -Miami City Code Sec.18-104.pdf, 16 -00518 -Submittal -Commissioner Francis Suarez -Letter from Arnstein and Lehr.pdf, 16 -00518 -Submittal -Joyce Landry-Map.pdf, 16 -00518 -Submittal -Virginia key LLC -Exhibits and Presentations -Virginia key LLC response to Bid Protests.pdf, 16 -00518 -Submittal -AI Dotson -RFP No. 12-14-077 with Addendums.pdf, 16 -00518 -Submittal -AI Dotson -VA Key RFP Responsiveness Com pari son.pdf, 16 -00518 -Submittal -City Attorney -Bid Protest Docs -Virginia Key Marina RFP No. 12-14-077.pdf, 16 -00518 -Submittal -Richard Perez -Virginia Key Harbour and Marine Center -Financial Analysis.pdf, 16 -00518 -Submittal -City Manager -Letter from Tate Capital re -Daniel Rotenberg.pdf, 16 -00518 -Submittal -City Manager -Affidavit from Daniel Rotenberg.pdf R-16-0286 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon A motion was made by Vice Chair Russell, seconded by Commissioner Carollo, which failed by the following vote: AYES: Commissioner(s) Russell and Carollo; NOES: Commissioner(s) Hardemon, Suarez and Gort; to hear agenda item SP.2 before agenda item SPA. A motion was made by Commissioner Suarez, seconded by Commissioner Gort, and was passed unanimously, to designate Miami City Code Section 18-104(a)(2)(c), specifically paragraph 3, as the rules to be followed by the City Commission when addressing agenda item SPA. A motion was made by Commissioner Suarez, seconded by Commissioner Gort, which passed by the following vote: AYES: Commissioner(s) Hardemon, Suarez and Gort; NOES: Commissioner(s) Russell and Carollo, not to hear the protest of the third ranked proposer, New Rickenbacker Miami LLC d/b/a Tifon ("Tifon") because Tifon lacked standing to maintain this protest under the case of Preston Carroll Co., Inc. v. Florida Keys Aqueduct Authority, 400 So. 2d 524 (Fla. 3rd DCA 1981) because they have not plead a substantial interest in the award of this contract. SP.2 DISCUSSION ITEM 16-00851 A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION REGARDING REQUEST FOR PROPOSALS NO. 12-14-077, FOR THE LEASE AND City Commission DEVELOPMENT OF CITY OF MIAMI OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/SHIP'S STORE USES LOCATED IN VIRGINIA KEY, TO EITHER ACCEPT THE MANAGER'S RECOMMENDATION, REJECT THE MANAGER'S RECOMMENDATION, REJECTALL PROPOSALS, REJECTALL PROPOSALS AND INSTRUCT THE CITY MANAGER TO ISSUE A NEW REQUEST FOR PROPOSALS, OR SEEK THE RECOMMENDATION OF THE SELECTION COMMITTEE, WITH CITY COMMISSION ACTION FOLLOWING THE DISCUSSION. City ofMioIni Page 2 Printed on 7/1/2016 City Commission Marked Agenda June 22, 2016 16-00851 Summary Form.pdf, 16-00851 RFP Request For Proposal.pdf, 16-00851 Sketch And Submerged Land Legal Description.pdf, 16-00851 Marine Resource Survey.pdf, 16-00851 Master Plan Final Report.pdf, 16-00851 Master Plan Presentation.pdf, 16-00851 Back -Up from Law Dept.pdf, 16 -00851 -Submittal -AI Dotson-Bilzin Sumberg memo -Basin can be excluded from the development at Virginia Key Marina.pdf DISCUSSED END OF SPECIAL MEETING ITEMS NON AGENDA ITEM(S) NA.1 DISCUSSION ITEM 16-00841b A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, JUNE 23, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: VICTOR IGWE V. CITY OF MIAMI, CASE NO. 15-21603, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; VICTOR IGWE V. CITY OF MIAMI, CASE NO. 11-35238 CA 05, BEFORE THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; AND VICTOR IGWE V. CITY OF MIAMI, CASE NO. 3D15-1307, BEFORE THE THIRD DISTRICT COURT OF APPEAL, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTERAS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITYATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LABOR AND EMPLOYMENT KEVIN R. JONES; AND ASSISTANT CITYATTORNEYS KERRI L. MCNULTY, STEPHANIE K. PANOFF, AND BARBARAA. DIAZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. DISCUSSED END OF NON AGENDA ITEM(S) City ofMiami Page 3 Printed on 7/1/2016 City Commission Marked Agenda June 22, 2016 ADJOURNMENT The meeting adjourned at 7:49 p.m. Cify ofMiami Page 4 Printed on 7/1/2016