memorandum - 06/06/2016
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June 6, 2016 Memorandum: RE: SIP-USP3-2015-20-10-PUBLIC/PRIVATE PARTNERSHIP FOR THE DEVELOPMENT OF A MIXED USE PROJECT AT 520 BISCAYNE BOULEVARD, MIAMI, FLORIDA 33132 Proposers are reminded that Miami Dade College (MDC or College) has a long, well- established tradition of openness, fairness and transparency. The MDC Board of Trustees and the MDC Evaluation Committee are committed to a transparent process for this Project that fosters decision-making in the best interests of MDC. Recently, one of our MDC Trustees reported information received during an unsolicited contact made by a private investigator (Michael Perl). Mr. Perl stated he was preparing a report on what he suggested was a failure to disclose what he described as an improper relationship between Suzanne Amaducci (a partner at Bilzin Sumberg, the College’s outside counsel for the Project) and one of the proposers Lissette Calderon, The Related Group) that created a conflict of interest. We understand that the private investigator, along with the Law Office of Benedict P. Kuehne, PA (Kuehne Law Firm), have been retained by a client they would not identify for the purpose of investigating alleged impropriety in the solicitation / procurement process for the Project. Neither the investigator nor the Law Firm has given the College any written report on their investigation. Upon learning this information, the College retained Mr. Roberto Martinez, former US Attorney and former MDC Board Chair, to conduct a fact-finding investigation and to report on these allegations. The College also retained Mrs. Carol Licko (Hogan Lovells US LLP) to review the College’s procedures and protocols with respect to this Project and the procurement process, including the allegations of an improper conflict of interest. Mr. Martinez’s report, with the exhibits referenced therein, is attached, along with additional documents referenced during the MDC Board’s workshop meeting held on June 3 to address this issue (“Report”). Upon its review / discussion of the Report and recommendations from Mrs. Licko, the Board of Trustees has determined to move forward with the solicitation / procurement process as scheduled. The Board has also directed that further efforts be made to determine if the unsolicited contact by the private investigator with the MDC Trustee was made directly or indirectly on behalf of a proposer or any member of the proposer’s team. We are making Mr. Martinez’s Report available to the proposers and any interested member of the public. We suggest all proposers review the enclosed Report, exhibits and other materials. A copy of the audio tape of the MDC Board workshop is available upon request. A court reporter from Miami-Dade County Court Reporters was present to record the workshop meeting as well. PURCHASING DEPARTMENT BUSINESS AFFAIRS
Transcript of memorandum - 06/06/2016
June 6, 2016
Memorandum: RE: SIP-USP3-2015-20-10-PUBLIC/PRIVATE PARTNERSHIP FOR THE DEVELOPMENT
OF A MIXED USE PROJECT AT 520 BISCAYNE BOULEVARD, MIAMI, FLORIDA 33132 Proposers are reminded that Miami Dade College (MDC or College) has a long, well-established tradition of openness, fairness and transparency. The MDC Board of Trustees and the MDC Evaluation Committee are committed to a transparent process for this Project that fosters decision-making in the best interests of MDC. Recently, one of our MDC Trustees reported information received during an unsolicited contact made by a private investigator (Michael Perl). Mr. Perl stated he was preparing a report on what he suggested was a failure to disclose what he described as an improper relationship between Suzanne Amaducci (a partner at Bilzin Sumberg, the College’s outside counsel for the Project) and one of the proposers Lissette Calderon, The Related Group) that created a conflict of interest. We understand that the private investigator, along with the Law Office of Benedict P. Kuehne, PA (Kuehne Law Firm), have been retained by a client they would not identify for the purpose of investigating alleged impropriety in the solicitation / procurement process for the Project. Neither the investigator nor the Law Firm has given the College any written report on their investigation. Upon learning this information, the College retained Mr. Roberto Martinez, former US Attorney and former MDC Board Chair, to conduct a fact-finding investigation and to report on these allegations. The College also retained Mrs. Carol Licko (Hogan Lovells US LLP) to review the College’s procedures and protocols with respect to this Project and the procurement process, including the allegations of an improper conflict of interest. Mr. Martinez’s report, with the exhibits referenced therein, is attached, along with additional documents referenced during the MDC Board’s workshop meeting held on June 3 to address this issue (“Report”). Upon its review / discussion of the Report and recommendations from Mrs. Licko, the Board of Trustees has determined to move forward with the solicitation / procurement process as scheduled. The Board has also directed that further efforts be made to determine if the unsolicited contact by the private investigator with the MDC Trustee was made directly or indirectly on behalf of a proposer or any member of the proposer’s team. We are making Mr. Martinez’s Report available to the proposers and any interested member of the public. We suggest all proposers review the enclosed Report, exhibits and other materials. A copy of the audio tape of the MDC Board workshop is available upon request. A court reporter from Miami-Dade County Court Reporters was present to record the workshop meeting as well.
PURCHASING DEPARTMENT BUSINESS AFFAIRS
Page 2 SIP-USP3-2015-20-10 - Memo June 6, 2016 Please note that one of the exhibits to the Report is a letter dated May 25, 2016 from the Kuehne Law Firm with a series of questions. To the extent these additional questions have relevance to the Project and procurement process, they have been addressed by Mr. Martinez’s Report and by the decision of the Board of Trustees to move forward with the procurement process as scheduled. MDC is committed to an open, fair and objective procurement process. Accordingly, any proposer who contends the solicitation / procurement process for this Project has been tainted, biased, unfair, improper or otherwise illegal for any reason whatsoever is directed to submit a sworn statement with documented evidence supporting any such allegation to Roman Martinez no later than Friday, June 10, 2016, so that MDC can conduct any appropriate evaluation, investigation, and follow-up. Cone of Silence: All proposers are requested to adhere to its requirements or their proposal may be deemed non-responsive and would receive no further consideration. Contacting the College’s personnel, including the administrative staff or college executive administration or members of the College’s District Board of Trustees, whether directly or indirectly, regarding this ITN, the selection process or any attempt to further a proposer’s interest in being selected, will result in the proposer being disqualified. Sincerely,
Roman Martinez, MPA, CPPO, CPPB Group Director - Purchasing Miami Dade College [email protected] 305-237-0012
