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DRAFT <br /> CITY OF SUNNY ISLES BEACH <br /> BID PROTEST HEARING <br /> Bid No. 07-10-02 Central Island Drainage & Improvements Project <br /> MONDAY, MARCH 3, 2008, AT 3:30 P.M. <br /> David P. Samson Commission Chambers <br /> Hearing Examiner:Sonja K. Dickens, Esq. <br /> Hans Ottinot, City Attorney <br /> Jane A. Hines, CMC, City Clerk <br /> Alfredo De Armas, Esq., Attorney for Tran Construction <br /> In Attendance: Fernando Amuchastegui, Assistant City Attorney, <br /> Mayor Norman S. Edelcup <br /> Vice Mayor Lewis J. Thaler <br /> Commissioner Gerry Goodman , <br /> Jorge Vera, Assistant City Manager/Services <br /> Doug Haag, Assistant City Manager/Finance <br /> Rick Conner, Public Works Director <br /> Victor Hugo Guevara, Beiswenger Hoch and Associates <br /> Mauricio Betancur, Adm. Coordinator II, City Clerk's Office <br /> Henry Louden, President, Tran Construction <br /> Attorney with Mr. De Armas <br /> Stenographer for Tran Construction <br /> City Attorney Hans Ottinot noted that he had provided Hearing Examiner Sonja K. Dickens, <br /> Esq. with a copy of the City's response and Memorandum of Law outlining the City's <br /> arguments in response to the Bid Protest filed by Tran Construction the protester. <br /> Hearing Examiner Sonja K. Dickens, Esq. stated as a matter of procedure the burden is on <br /> Tran Construction, and she gave an introductory statement noting that this is a Bid Protest <br /> proceeding, the burden is on the person making the protest in order to prove their case, <br /> understand that it will be counted as substantial evidence, and that this will not be a formal <br /> evidentiary hearing so to speak, meaning that she will take into consideration any and all <br /> reasonable testimony, and/or evidence. She said she will give the protester the opportunity to <br /> present their side of the matter first, and then she will give the City the opportunity to respond, <br /> no matter where we end up at the end, the protester will have the last words since the burden <br /> is on the protester, but she will give an opportunity for both sides to cross-examine each <br /> other's witnesses, and the like. <br /> Trans Construction: <br /> Alfredo De Armas, Esq., of the Law Firm of Alvarez, Armas and Verone, representing Trans <br /> Construction the protester in this action. <br /> Action: Mr. De Armas began with a review of the pertinent provisions of the Code and of the <br /> o,,.,,.,o..,uln,ane aw o...tocf nzutm mmna <br />