Aviation and Seaport Committee - Regular Meeting

Welcome to this morning's Airport and Seaport Committee. We are going to start this morning with a Czech presentation from our airport director. Good morning, Commissioner. Regarding our contribution and our effort at Miami International Airport to raise funds and awareness for breast cancer. And so if everybody that's here for the Czech presentation can join us, I'd greatly appreciate it. Please join us. So I'll have the director explain, but we have three events annually that I believe are five Ks that are run in our different airports throughout. And I know that the event has grown over the

I think we should challenge the commissioners to run the 5K and to raise money. So we always support every year. We're so grateful and thankful that this much money has been raised, and hopefully this year we'll even outdo that number. Thank you all for the work that you do at the American Cancer Society, and of course on behalf of Breast Cancer Awareness. You want to speak? Of course.

Good morning, will the clerk please call the roll?

Welcome again everyone to our Miami International and Seaport Committee. We are going to have prayer led by Commissioner Gilbert, followed by the Pledge of Allegiance led by Commissioner Millian-Orbis. Please rise.

At this time, we'll open the reasonable opportunity for the public to be heard. I have one speaker card. You'll have two minutes. Please give us your name and your address, Jorge Luis Lopez. And anyone else wishing to speak and address this body, now is your opportunity.

Thank you. Any other speakers? Now is your opportunity. Seeing no other speakers, reasonable opportunity for the public to be heard is now closed. To the attorneys, are there any changes to this morning's agenda?

I'll entertain a motion on the agenda. Second. It's been moved. It's been second. All those in favor signify by saying aye. Anyone wish to be recorded? No. Our agenda this morning has been set and item 3G has been deferred. To my colleagues, are there any items that you would like to bifurcate or discuss? We do not have any public hearing items on this morning's agenda.

Okay, thank you. I'll move the item with that. Thank you. Yeah, Commissioner Gilbert moved the agenda. I'll second. I do want to have a quick discussion with our director, please, on 3i. I'm supportive of the item, but I mentioned the item during our previous BCC hearing regarding sole sourcing, efficiencies, and continuity of service. I would like for you on the record to give a brief description of 3i and the savings that you all anticipate yielding as a result of this item.

And thank you for that explanation. I could be wrong, but I believe that the item speaks to a dollar amount that you all anticipate saving. Correct. What is that dollar amount?

Okay, and so just to be clear, you said 300 million as a conservative estimate? Thank you for that. And really quickly, we are entering into FIFA season as soon as next month. Yes. Do you mind giving us a brief update on the improvements that our airport has done to prepare for FIFA? I think this might be the last committee hearing that we have as an airport committee prior to the deluge of visitors that we are anticipating as early as next month for the games that we are hosting.

So I'm glad that you bring that up because when I visited the state attorney last week, we had this discussion regarding signage. And when we hosted the Super Bowl a few years ago, I mean, our county was covered in human trafficking awareness signs, which I thought was Amazing. Is our airport going to reflect a similar level of commitment to human trafficking and put up signs in the bathrooms and on panels, so on and so forth? Is that in the works?

And one final update, I know there was an item on our agenda 3G that was related to concessions. It was probably about a year ago that I passed an item and then a subsequent item creating a pool of potential businesses for our airport. Can you give us an update on that concessionaire program, how it's going along? I know there are a lot of timelines that were built into that original agreement and whether or not those that were in the pool that was created have had an opportunity to bid on any new spaces at the airport.

And thank you for that update. And not in the next three years, because we passed it a year ago. It was a three-year timeline then, right? And everybody, as far as I know, is on track and meeting those deadlines. So hopefully as soon as two years, right, we will see.

THANK YOU. THANK YOU, DIRECTOR. ANY COMMISSIONER GILBERT, YOU'RE RECOGNIZED.

THANK YOU, MADAM CHAIR. I'M JUST I KNOW IT'S LATE, BUT I WANT TO BIFURCATE OUT 3I. I'M NOT NECESSARILY. SO YOU'RE NOT CALLING THESE LEGACY CONTRACTS? But essentially, they're legacy.

So, I mean, if you want to call it that, but- Yeah, so what you're saying is, and I'm going to bring this up because I saw a nominee here before, and I was just on a panel with the mayor. in front of the Miami-Dade Chamber. We were all there and we talked about one of the ways that we could have inclusion in our economy of the things we do here. And one of the things I spoke out against is our rampant use of legacy awards. And not that I'm against the system, and I might eventually vote for this at commission, but I want to go through it with you all because what you're essentially asking me t

Good morning, everyone. You know, I thought it was just a bit unusual when you use the term sole source and savings. I just haven't found sole sourcing to be a matter of savings because it's little to compare it to. So how do you say that you have a savings or you intend to have much savings if it is in fact a sole source? Because sole source typically is a service or a product that's being offered that's not offered a provided by anyone else. So therefore there's no need to compete because that person is the one that has it. So I'm imagining it's what it just, it seems a little strange when y

So just as a matter of reply, I'm not going to use a sole source, but I'll use an item. Say, for instance, wiring, right? Say there's some new wiring that comes about 20 years ago, and we call it Cat 4, right? And then someone says, oh, if you thought Cat 4 was special, this new Cat 7 is really special. The Cat 4 was installed with the sole source contract. you have to take out the cat seven i mean take out the cat four to install the cat seven so i just haven't seen many products and if you can describe something that the old technology like the cat four you could just basically tap into it w

Anything further, Commissioner Hardiman? Commissioner Gonzalez, you were recognized.

Thank you Madam chair and director. I think I think my colleagues have brought up. You know, some issues that. I'd like to understand the broader picture. So have have we sent these out for RFP?

I'm just trying to understand when exactly we came to the conclusion that these were sole source.

Yeah, so before, I wasn't sure I didn't like it. Now, after you spoke for a while, I'm sure I don't. Yeah, I'm sure I don't. It's because every time you say the word sole source, it's like somebody taking their fingernails and just going down a chalkboard because you're saying sole source, but you are literally describing legacy projects. I think you all didn't put that in the title of this because the visceral reaction you expected from this commission, if you actually labeled something a legacy project, since we've been talking about staying away from legacy projects. So you're saying, and C

Can I just, I want to push back on that because I don't think the Florida statute, and maybe we can just pull it up and read it. I don't think it's because you're going to one source. I think sole source is because there is one source. Because going to one source would just be a directed purchase. Like that's just a waiving of solicitation. A sole source is when there is a sole source. Or something that is not a reasonably attainable alternative. So you're saying that we're going to define sole source as anytime we just decide to go to one person and that's the actual waiver? Because I'm prett

And so, but we're going one step farther. What we're saying past that is, so when you all bid, no matter the different companies that are bidding, you have to use this as the- Or those components. Or those components. You have to use that.

So yeah, no, but you're right, Ralph, I appreciate that. So going back to Commissioner Hardeman's analogy, CAT IV and CAT VII. So we would never get, if everyone is CAT IV there, we would never get any proposals with CAT VII. So we would never be able to consider a solicitation with CAT VII. Even if CAT VII costs more, rank differently, it would have a different ranking, but they get the chance to make the argument that this is more forward-looking, it's better for service, this will cost you less in the long run. They don't ever get to make that argument because we locked them into the system

SO, MADAM CHAIR, THAT'S AN IMPORTANT COMPONENT. AND LET ME JUST SUGGEST IN THE FUTURE, HOW ABOUT YOU JUST LEAD WITH THAT? OKAY. NOT THE SOLE SOURCE. THIS IS WHY WE THINK WE NEED TO USE THESE. IT'S GOING TO BE SUBSTANTIALLY CHEAPER AND SUBSTANTIALLY FASTER IF WE TELL EVERYBODY THAT WHEN YOU BID, YOU HAVE TO USE THIS, BECAUSE THIS WILL ADD THIS MUCH TIME AND THIS MUCH MONEY. SO IF YOU JUST TELL THE UNFILTERED TRUTH Like don't make me ferret through. Don't make me like, because clearly when I'm looking at this, I know why you avoided legacy. I wouldn't be surprised if I'm the reason you avoided t

Thank you, Commissioner Gilbert. The conversation is an important one, because when I was presented with this item for sponsorship, my reaction was the same as yours, Commissioner Gilbert. I was like, what do you mean, delegated authority on this, that, and the other? I literally had the conversation that you just had on the microphone with the airport. But when it was described to me and given specific examples, for example, your key cards is one of the examples, right? This is the first time in 20 years that Miami International Airport has had the opportunity to build an entire new terminal,

Thank you, Madam Chair. And, you know, I happen to agree with a lot of what the chair has stated because At first glance, it seems like we're kind of avoiding the bidding process. And that's why I asked you, but that's exactly why initially I asked you if anything had ever been RP. Because to Commissioner Gilbert's point, if we just lead with clarity, we can see evidently that the point here is for efficiency not only in time but in cost if we go back to the item and we look at i and we look at the third part in section two um it clearly says that there was a solicitation for two items right v

So, you know, I'm thinking that you see these two solicitations, you see what happened there, and then I'm thinking, and correct me if I'm wrong, you guys go back, and once you go back, you say, hey, here's a list of other Places where this is going, but to Commissioner Gilbert's point, respectfully, if we would have led with that, it would have been much easier to not go through the process. And I think that oftentimes – you're very brilliant, sir. I've told you that publicly and in private. And sometimes we get lost in legal jargon, right? And because of that, we overcomplicate something tha

uh just explained if we start with hey here was the problem here's how we try to solve it does that make sense sir yes sir that does actually they just showed me the statute commissioner gilbert you recognize they show me the statute and the statute is an interesting statute but it says that we can only make the determination of sole source after we weigh all the alternatives and materials after the governing body weighs all the alternatives and materials. And I'm not even sure, and it has to be recommended by an architect or an engineer. And so that's interesting because the weighing of all t

Thank you, Commissioner Gilbert. Any further discussion? To the attorneys, I think it's important to clarify, especially when a statute provision has been mentioned on the record. Can the attorneys just provide clarity on this discussion between sole source and legacy and whatever the legal standard is and whether we're making a deliberation today that is something that we may not necessarily appreciate?

Understood. Okay. And to the attorneys on page five of the item, it's exhibit a, and it says it's titled exhibit a sole sourced materials in system. And the far left column says legacy contract number. And then it lists the 15 and it's, you know you know, Guidance sign lighting security systems communication systems Nokia's network systems airfield lighting systems and there's a number next to each of the 15 L dash 104 88 so on and so forth these contracts that I guess were previously determined by this board to be legacy contracts what are the numbers associated to each of those 15 are those

Contract numbers from a competitive procurement process?

Okay. So this is taking already existing legacy contracts. And essentially extending them for the development of Terminal K and D60.

So if I am a contractor and I'm bidding for the work on D60 or Terminal K, I want to bid on concrete. I want to bid on lighting. I want to bid on paint. I want to bid on whatever. And my contract has the requirement to, you know, I may use A, but the airport is saying in order to bid on this contract, we want you to use this system as part of your competitive procurement process. That's what this allows you to do?

It allows these contracts to be included in procurement.

Commissioner Gilbert, you're recognized.

She asked a question about the statute. It's not a big story. Read the statute. Read the statute to the committee. Let them know what we're actually doing right now.

So he read it. That was the fastest reading he's ever read. But I appreciate it. I want Jerry to read that fast when she's doing the agenda. But be mindful of what it says we're doing. And then just also when this attorney spoke, he said he used the words soul, source, and legacy. Again, it's like they were interchangeable. And I just want us to, they are not interchangeable. Legacy components have alternatives, so sources typically don't. They're not interchangeable. We're getting into the argument that we're making them semantical because of what they wanna do. That's fine. I'm sympathetic t

Commissioner Hardiman, you'll recognize.

So the resolution that calls for us to vote on this was drafted by the county attorney's office on behalf of who?

You assume though it comes from the administration?

And then today was just adopted by our chairwoman as is this the one you're

No, it's not. It is a staff item. I was briefed on it and I sponsored it during that briefing, but it's not as though I put in a legislative request in order to proceed in this manner. This is an, this is an administrative initiative that they requested sponsorship over. I hope that answers your question.

This is item three. I is listed as sponsored by commissioner corn Higgins.

Correct. I just explained the factual layout of how that took place. Do you want me to repeat it?

No, I just want to be clear that you're sponsoring it.

You know, the reason I asked that question is because, you know, I've seen the different ways that we interpret the law and sometimes it's befitting to administration. Sometimes it's befitting to the legislative body, but in fact, these are two different These are two different sort of clients that you have. Sometimes their interests are not necessarily aligned, right? And so I'm just trying to understand in this circumstance, because when I listened to what was read on the record, you read it rather quickly. I don't have it in front of me to read, but it sounds if when the statute was read, i

Anything further, Commissioner Hardiman? You know, Director, I think, listen, I want my colleagues to be comfortable with it. Because like I said on the record already, I felt comfortable sponsoring it because I went through this conversation. I asked you a million questions. I remember. But I want them to have the same level of comfort. And I do think that when you have items like this, and I don't know if you did this or not, but being very proactive particularly with this committee to have these conversations especially on items like this would go a very very long way um so you know i appre

Commissioner Gilbert, you were recognized for point of information, the point of information when they add 1 more thing. It is not helped in this committee. I promise you, it will probably lead to more questions, but feel free. To add 1 more thing, but if you add 1 more thing, and I have a question about it, I'm going to raise my hand for another question. I just want to be clear about that. So, if you have the votes now, if I were you. I take the win and then brief everybody like the chairwoman said. But if you add one more thing, then I might go into persuasion mode where I'm trying to persu

Chief Morales, our esteemed colleague is issuing a warning. That's what that sounded like, okay? And considering the conversation that we had, the entire agenda has been moved with the exception of 3i. It has been bifurcated. I believe it's been seconded by Commissioner Orbis. All those in favor of the entire agenda with the exception of 3i, signify by saying aye. Aye. Anyone wish to be recorded? No on all items with the exception of 3i. The agenda carries. I will move 3i. It's been seconded by Commissioner Gilbert. All those in favor of 3i signify by saying aye. Aye. Aye. Anyone wish to be re