Email & attached letter from Raul Aguila to Robert SwitkesPage 1 of 1
Hernandez, Kerry
From: Parcher, Robert
Sent: Thursday, July 24, 2008 1:33 PM
To: Hatfield, Liliam
Cc: Hernandez, Kerry
Subject: FW: Request for Proposals (RFP) No. 20-07/08 for the Management and Operation for the
Miami Beach Convention Center, Colony Theater, and Byron Carlye theater
Attachments: MX-M450N_20080724_120747.pdf
Please scan.
Kerry, pls attach a copy of the letter to the resolution.
Thanks
MIAMIB A-
Robert Parcher, City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 1 Fax: 305-673-72541 www_ rniamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Damien, Elizabeth
Sent: Thursday, July 24, 2008 1:31 PM
To: 'Robert L. Switkes Esq. (RSwitkes@rosenandswitkes.com)'
Cc: Smith, Jose; Olin, Jean; Gonzalez, Jorge; Fernandez, Hilda; Parcher, Robert; Lopez, Gus; Aguila, Raul
Subject: Request for Proposals (RFP) No. 20-07/08 for the Management and Operation for the Miami Beach
Convention Center, Colony Theater, and Byron Carlye theater
Dear Mr. Switkes:
Per Raul's request, attached please find the City's response to your letter dated July 16th, 2008, which was also
sent via U.S. Mail today.
Sincerely,
Liz Damien
(Legal Asst. to Raul Aguila}
MIAMIiBE CiH
Elizabeth "Lii' Damien, Legal Assisratrt to
Raul J. A;uila, Depuh• City.~ttorney
OFFICE OF THE CITY ATTORNEY
1700 Convention Center Drive - 4th floor, Miami Beach, FL 33139
Tel: 305-673-7470 or 305-673-7000 ext. 6499 /Fax: 305-673-7002 / www.elizabethdamen miamibeachfl.gov
We arc• conurritted to prarirfing e.ecellent public service and sa jeq to all who live, tirork med pln~~ in our ribrnnt, n opical, historic conanunlty
07/24/2008
OFFICE OF THE CITY ATTORNEY
~~
R I 4 A
JOSE SMITH
City Attorney
July 24, 2008
.t~PM' 1Cy
ilr ~~
Robert L. Switkes, Esquire
Rosen Switkes & Entin P.L.
407 Lincoln Road
Penthouse Southeast
Miami Beach, Florida 33139-3008
Telephone: (305) 673-7470
Facsimile: (305) 673-7002
Re: Request for Proposals {RFP) No. 20-07/08 for the Management and
Operation for the Miami Beach Convention Center, Colony Theater, and
Byron Carlye Theater
Dear Mr. Switkes:
The City Manager has requested that I respond to your letter, dated July 16,
2008, regarding the above-referenced RFP.
Pursuant to the City's bid protest procedures, as codified in Section 2-371 of the
City Code, any protest after a bid opening may only be submitted (anytime) until
two (2) business days following the release of the City Manager's written
recommendation to the City Commission (as set forth in the City Commission
Agenda packet) for award of the bid in question (See Section 2-371(a)(2) of the
City Code). As your July 16, 2008 protest letter was submitted and received after
the City Commission took action on the above-referenced RFP, your protest was
not timely made and is therefore barred, pursuant to Section 2-371 Q) of the City
Code.
As for the substantive issue raised in your protest letter, although the City's
Procurement Division did confirm that Mr. Harrison Robins, a registered lobbyist
for Global Spectrum, L.P. (Global) on the above-referenced RFP, made a
campaign contribution to the campaign committee of a member of the City
Commission, in what may appear to have been in violation of Section 2-488 of
1700 Convention Center Drive --Fourth Floor -- Miarni Beach, Florida 33139
the City Code (entitled, "Prohibited campaign contributions by lobbyists on
procurement issues"), the proscription for violation of said Section provides for a
fine of up to $500.00 (per violation}, and does not. expressly require automatic
disqualification of the proposed award to Global under the RFP.
Accordingly, for the reasons set forth above, the City Administration, in
accordance with the City Commission's action relative to the above-referenced
RFP at its June 16, 2008 Meeting, has been authorized, and shall proceed to,
negotiate with the first recommended proposer, Global Spectrum, L.P.; and
should negotiations with Global fail, the City Administration will proceed to
negotiate with the second recommended proposer, SMG. In any event, a final
negotiated contract will be brought back to the City Commission far consideration
and approval, at a future date.
Should you have any. questions or comments, please do not hesitate to contact
me.
Very truly yours,
Raul J. Agu' a
Deputy City Attorney
RJA/ed
cc: Jose Smith, City Attorney
Jean Olin, Special Counsel
Jorge M. Gonzalez, City Manager
Hilda Fernandez, Assistant City Manager
Robert Parcher, City Clerk
Gus Lopez, Procurement Director
F:\attoWGUR\LETTERS1GIobal Spectrum (Switkes).doc
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139