Miami-Dade Legislative Item
File Number: 030423
   

File Number: 030423 File Type: Resolution Status: Failed
Version: 0 Reference: Control: County Commission
File Name: RFP-300 NEGOTIATE W/G-T CONSTRCT. INC Introduced: 2/11/2003
Requester: Procurement Management Department Cost: Final Action: 4/8/2003
Agenda Date: 4/8/2003 Agenda Item Number: 7O1A
Notes: Title: RESOLUTION AUTHORIZING THE COUNTY MANAGER TO NEGOTIATE WITH GT CONSTRUCTION, INC. FOR RFP NO. 300, SEATING AT CRANDON PARK TENNIS CENTER PURSUANT TO THE HEARING EXAMINER'S RECOMMENDATION AND AUTHORIZE THE COUNTY MANAGER TO EXECUTE ANY AGREEMENT RESULTING FROM NEGOTIATIONS, FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN AND TO AUTHORIZE THE COUNTY MANAGER TO APPROVE READVERTISEMENT IF NEGOTIATIONS ARE NOT SUCCESSFUL
Indexes: CRANDON PARK
  REQUEST FOR PROPOSAL
  TENNIS CENTER
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/8/2003 7O1A Adopted F
REPORT: Mr. Albert Dotson, 200 South Biscayne Boulevard, representing G-T Construction, Inc. who was recommended for the award by the County Manager in connection with Hearing Examiner Recommendation pertaining to RFP 300 for seating at the Crandon Park Tennis Center. He indicated the item before the Board's today was a motion for reconsideration. Mr. Dotson noted the issue regarding his client's president and an outstanding judgment, the Hearing Examiner ruled that neither his client nor the president was liable for that debt. He recognized that the County believed that was an important issue and his client has agreed to reduce his price in this particular bid by the amount of the judgment which was approximately in the amount of $80,000. Assistant County Attorney Jeffrey Ehrlich responded there were two issues with this bid protest the question of whether the highest ranked proposer was a responsible proposer and the Manager's original recommendation that was protested which recommended rejection of all bids on an alternate basis. He indicated the Manager felt the foregoing item should be put out to bid instead of a Request for Proposals (RFP) in order for the County to obtain a better price. Mr. Ehrlich stated the County Manager's recommendation was filed with the Clerk, subsequently G-T Construction Group, Inc filed bid protest. He pointed out the Hearing Examiner disagreed with the Manager's recommendation and recommended that the County negotiate with the protester. Mr. Ehrlich noted the protester appeared before the Board and this Board unanimously concurred with the Manager's original recommendation to reject all proposals. He pointed out at the subsequent Board's meeting a motion for reconsideration was approved; therefore, the foregoing matter was before the Board today. Commissioner Sorenson stated when Commissioner Morales presented the motion for reconsideration that was based on G-T Construction Group, Inc. payment to the County. She expressed that the company was still non-responsive. Discussion ensued among members of the Board regarding the payment versus the reduction of the bid price for $80,000. In response to Commissioner Sorenson's inquiry regarding the number of firms that could perform the work outlined in the RFP, Mr. Theodore Lucas, Director, Department of Procurement, commented there were six to seven firms in this industry that could accommodate the required seating at the Crandon Park Tennis Center. Commissioner Heyman concurred with Commissioner Sorenson regarding the motion of reconsideration at a previous Board's meeting and the basis for the reconsideration of the foregoing issue. In response to Commissioner Heyman's request for a clarification on the motion for reconsideration at the previous Board's meeting, Assistant County Attorney Ehrlich stated under the proposal that was being made by Mr. Dotson, the County would be made hold, if his client was awarded the next two million contract. He pointed out if the County do not award the contract and negotiations do not succeed, the County would not be made hold. Discussion was held in connection with the action taken and the discussion held at the March 11, 2003 meeting of the Board regarding the foregoing RFP #300. Assistant County Manager Bill Johnson noted the supplement to Agenda Item 7O1A that provided additional information to the Board, which contained letters that were exchanged pertaining to the foregoing issue. Discussion ensued concerning the requirement of a bond to perform the work for the foregoing project. In response to Commissioner Heyman's request for a clarification of the renegotiating for the foregoing matter, County Manager Steve Shiver informed the Board that a meeting was held with the Mayor and the representative present today Mr. Dotson. He indicated during that the previous company made discussion statements regarding the repayment of the debt, although, not responsible Mr. Rafael A. Garcia-Toledo, Jr. offered to satisfy the debt. Mr. Shiver stated he would never agree to the reduction of the contract amount. Discussion ensued among members of the Board and Mr. Dotson regarding if G-T Construction Group, Inc. was not awarded the contract and the repayment of the debt. Commissioner Moss expressed his opposition to the foregoing matter and the precedent that may be set if the County moved forward without repayment of the debt. Mrs. Vicky Garcia appeared before the Board and urged the Board to negotiate with G-T Construction Group, Inc. Commission Sorenson presented a motion to reject the foregoing proposed resolution and reject all bids for RFP No. 300, seating at Crandon Park Tennis Center. This motion was seconded by Commissioner Moss, and upon being put to a vote, passed by a vote of 6-3, (Commissioners Barreiro, Diaz and Morales voted "No") (Commissioners Ferguson, Martinez, Seijas and Souto were absent). Following further discussion in connection with the foregoing item regarding the ability to bid on future County projects, County Manager Shiver pointed out unless the Board directs staff, it was not his intent to disbar G-T Construction Group, Inc.

Board of County Commissioners 2/20/2003 7O1A Rejected P
REPORT: Mr. Ted Lucas, Director, Procurement Management, provided an overview of the events that led to the bid protest filed by Rafael Garcia Toledo Jr. He noted the Hearing Examiner rendered an opinion stating there was no adequate nexus to sustain the recommendation to reject all bids or to hold the current company non-responsible for purposes of the present competition. Mr. Lucas stated that per the Bid Protest ordinance, the Board must decide in the best interest of the County, whether to concur with the Hearing Examiner’s finding/recommendation or affirm the recommendation to reject the proposals and go forward with a re-bid. He stated it was his professional opinion that the latter should be considered. Mr. Al Dotson, Jr., attorney representing Mr. Toledo Jr., noted the latest recommendation of the County Manager now before the Board was to award and initiate negotiations. Mr. Dotson stated the only issue that led to the recommendation to reject all bids was that his client was deemed non-responsible; however, the real issue was one of responsibility, whether or not his client should be held responsible for his father’s company failing to pay a bill. He pointed out that the hearing examiners recommendation unequivocally stated that neither the law nor the facts supported a finding of non-responsibility and a recommendation was rendered to award his client the contract. Noting this issue had been before various committees, he asked that the Board approve the recommendation to award and begin negotiations. Commissioner Sorenson stated it was important to note that at one time, the father was a part of the subsequent company, GT Construction, and that there was significant involvement by father and son for the non-payment which resulted in the County assuming the responsibility for payment to the sub-contractor. She expressed concern for the County doing business with these kinds of people. Commissioner Martinez noted that this was a case where legal opinion conflicted with common sense. Referring to language in the Judgment, Commissioner Heyman noted for the record that Mr. Rafael Garcia Toledo, Jr. was represented as vice-president of his father’s company, GT Sports Enterprises, and as a principal of that company, he benefited from it and therefore he should be held legally obligated as well. Noting that ethics was a requirement of the Board's decision, she urged the board to reject the current proposal and go forward with a re-bid. It was moved by Commissioner Barreiro that the foregoing proposed resolution be deferred in order to get full background information determining the relationship between father, son and the incorporations. This motion was seconded by Commissioner Sosa, and upon being put to a vote, failed by a vote of 8-2. (Chairperson Carey-Shuler and Commissioners Ferguson, Rolle, Heyman, Morales, Sorenson, Moss and Martinez said No), (Commissioners Souto, Diaz and Seijas were absent) In response to Commissioner Morales question, Assistant County Manager Tom David noted a Florida Statue that stated if a government entity contracted to make an improvement to public property and had no bond in place, than that government entity would be liable to subcontractors for materials and supplies not paid by the Contractor. It was moved by Commissioner Sorenson to throw out all bids and instruct staff to move forward with an Invitation to Bid (ITB). This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed unanimously by those members present.

County Manager 2/18/2003 Assigned Bill Johnson
REPORT: BCC CHAIR WAIVED COMMITTEE REVIEW

County Attorney 2/12/2003 Assigned Jeffrey P. Ehrlich 2/12/2003

County Manager 2/11/2003 Assigned County Attorney 2/20/2003
REPORT: Procurement Mgtml.

County Manager 2/11/2003 Assigned Bill Johnson 2/20/2003 2/20/2003

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE COUNTY MANAGER TO NEGOTIATE WITH GT CONSTRUCTION, INC. FOR RFP NO. 300,SEATING AT CRANDON PARK TENNIS CENTER PURSUANT TO THE HEARING EXAMINER�S RECOMMENDATION AND AUTHORIZ THE COUNTY MANAGER TO EXECUTE ANY AGREEMENT RESULTING FROM NEGOTIATIONS, FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN AND TO AUTHORIZE THE COUNTY MANAGER TO APPROVE READVERTISEMENT IF NEGOTIATIONS ARE NOT SUCCESSFUL

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves negotiations with G-T Construction, Inc. and authorizes the County Manager to execute any agreement resulting from negotiations for and on behalf of Miami-Dade County and to exercise any cancellation and renewal provisions and any other rights contained therein and authorizes the County Manager to approve readvertisement if negotiations are not successful.

HEADER
TO: Honorable Chairperson and Members DATE: February 20, 2002
Board of County Commissioners

SUBJECT: Request to Negotiate
FROM: Steve Shiver with G-T Construction, Inc.
County Manager Pursuant to Hearing Examiner
Recommendation, RFP 300

MANAGER'S BACKGROUND
On March 8, 2001, the County issued a Request For Proposals (RFP NO. 300) for seating at the Crandon Park Tennis Center. Two (2) proposals were received and evaluated in accordance with the evaluation criteria published in the RFP. The Evaluation/Selection Committee concluded and recommended that the highest ranked proposer, G-T Construction, Inc. be determined non-responsible, and therefore ineligible for contract award. The Committee noted the role of Mr. Rafael A. Garcia-Toledo, Jr., as President of G-T Construction, Inc., and previously as Project Manager and apparent Vice President of G-T Sports Enterprises, Inc., a company that held a contract with the County to provide stadium seating for Tropical Park and failed to pay one of its subcontractors. The subcontractor filed a lawsuit against G-T Sports Enterprises, Inc. and the County. A judgment in the amount of $80,000 was entered against the company and the County, and when the company did not pay, the judgment was paid by the County and G-T Sports Enterprises, Inc. remains indebted to the County for this amount. Herk Edwards was the only other proposer. Herk Edward�s price was prohibitive.

The County Manager issued a recommendation for placement on the September 24, 2002 Board of County Commissioners Agenda to reject all proposals (see attached). Due to Mr. Rafael A. Garcia-Toledo, Jr.�s active presence and participation in both companies, G-T Sports Enterprises Inc., and G-T Construction, Inc., a determination and recommendation was made by the County that G-T Construction, Inc. be determined non-responsible for award of RFP No. 300 was made. Mr. Rafael A. Garcia Toledo, Jr., stated that he had no authority or control over G-T Sports Enterprises, Inc., and that G-T Construction, Inc., the current proposer, is a responsible vendor for purposes of the present contract award.

On September 19, 2002, Bilzin Sumberg Dunn Baena Price & Axelrod, LLP, on behalf of G-T Construction, Inc. filed a timely and procedural protest (see attached). On October 9, 2002, the protest was heard by a hearing examiner. The Hearing Examiner�s ruling, based on its finding of
fact and conclusion of law, is that the County�s recommendation to reject all proposals cannot be sustained. (See Hearing Examiner�s Recommendation attached)

Section 2-8 of the Code of Miami-Dade County, requires that the Hearing Examiner findings and recommendation, together with the County Manager�s recommendation, be presented to the Board of County Commissioners.

..COUNTY MANAGER�S RECOMMENDATION

Pursuant to the Hearing Examiner�s recommendation, I recommend that approval be granted to initiate negotiations with G-T Construction, Inc. If the proposed negotiations result in an agreement, such agreement shall be presented to the Board for approval.

Attachment



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