Nader Refuses To Sign MDC’s Affidavit Regarding Detective

Miami Dade College recently asked the three teams bidding for 520 Biscayne to sign the following documents:

  • A sworn affidavit that they don’t know who hired the private detective who tailed MDC’s lawyer
  • An agreement not to sue and delay development of the project by bid protest and/or litigation

As of the June 15 deadline, Nader’s team did not submit the requested documents. Both Related Group and Covin/Oppenheim did sign (although Related Group’s lawyer question the Agreement Not To Sue.)

According to a memo issued yesterday, the procurement process will continue to move forward as scheduled.


MDC requested that each Proposer complete the following by
June 15:

(i) review and provide written responses (Written Responses) to questions about the
Proposer’s submission;

(ii) review, complete and execute an affidavit (Affidavit) regarding knowledge of the person(s)
who retained the private investigator / law firm which resulted in the unsolicited contact by the
investigator with a MDC Trustee (as described in the Report distributed on June 6); and

(iii) review and execute the Amended Agreement Not to Sue, agreeing and acknowledging
that it is in everyone’s best interests, and in the interest of the public at large, to not have the
future development of this Project unnecessarily delayed by bid protest and/or litigation which
might arise as result of a challenge to the procurement process based on or arising from any
action / inaction prior to the date of execution of the Amended Agreement.

The status on these Requests as of the June 15 deadline is as follows:

Proposer: Gregg Covin Development/Oppenheim Architecture
Written Responses to Questions (received)
Executed Affidavit (received)
Executed Amended Agreement Not to Sue (received)

Proposer: Nader+Museu 1 Limited Liability Limited Partnership
Written Responses to Questions (received)
Executed Affidavit (not received)
Executed Amended Agreement Not to Sue (not received)

Proposer: PRH Investments, LLC/The Related Group
Written Responses to Questions (received)
Executed Affidavit (received)
Executed Amended Agreement Not to Sue (received)

MDC is committed to an open, fair and objective procurement process. Accordingly, the Board of
Trustees and the MDC Evaluation Committee are moving forward with the solicitation /
procurement process as scheduled to evaluate submissions and make recommendations /
determinations in the best interests of the College.