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RESOLUTION WAIVING COMPETITIVE BIDDING PROCEDURES PURSUANT TO SECTION 5.03(D) OF THE HOME RULE CHARTER AND SECTION 2-8.1 OF THE COUNTY CODE BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT, FOR THE PURCHASE OF PROFESSIONAL ENTERTAINMENT, ARTIST SERVICES, AND ASSOCIATED EXPENSES IN AN AMOUNT NOT TO EXCEED $125,000.00 PER PERFORMANCE OR EXHIBITION AND $17,622,940.00 IN THE AGGREGATE OVER A TIME PERIOD NOT TO EXCEED THREE YEARS; AUTHORIZING THE DIRECTORS OF THE DEPARTMENTS OF CULTURAL AFFAIRS, PARKS, RECREATION AND OPEN SPACES, AVIATION AND PUBLIC LIBRARY SYSTEM TO SELECT THE PROFESSIONAL PERFORMERS AND ARTISTS, AND NEGOTIATE, APPROVE AND EXECUTE AGREEMENTS THEREWITH AND TO EXERCISE ALL PROVISIONS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board waives competitive bidding procedures pursuant to section 5.03(D) of the Home Rule Charter and section 2-8.1 of the County Code by a two-thirds vote of the Board members present, for the purchase of professional entertainment, artist services, and associated expenses in an amount not to exceed $125,000 per performance or exhibition and $17,622,940.00 in the aggregate over a time period not to exceed three years, and authorizes the directors of the Miami-Dade Departments of Cultural Affairs; Parks, Recreation and Open Spaces; Aviation; and Public Library Systems to select the professional performers and artists, and negotiate, approve and execute agreements therewith and to exercise all provisions contained therein.

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Date:
To: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Resolution Approving Waiver of Competitive Bidding to Contract with and Pay Professional Performers, Individual Artists, Exhibitions, and Associated Expenses

STAFF RECOMMENDATION
Executive Summary
This item is requesting that the Board of County Commissioners (Board) approve a waiver of the competitive bidding procedures to contract and pay for professional entertainment, artist services and associated expenses as they are unique in nature and cannot be acquired effectively through the Miami-Dade County’s traditional procurement process. These recommendations are made by the County Mayor on behalf of the Departments of Cultural Affairs; Parks, Recreation and Open Spaces Department (PROS); Miami-Dade Public Library System (Libraries); and Miami-Dade Aviation Department (Aviation), allowing payment towards professional performers, individual artists, exhibitions, and associated expenses, while also encouraging interdepartmental collaborations. Approval of this item will replace Resolution No. R- 885-21, which allowed for a waiver of the competitive bidding procedures for these same purposes and expires October 5, 2024.

Recommendation
It is recommended that the Board waive the competitive bidding procedures by a two-thirds vote of Board members present, pursuant to Section 2-8.1 of the County Code and Section 5.03(D) of the Home Rule Charter, to allow the Departments of Cultural Affairs, PROS, Aviation and Libraries to contract and pay for professional entertainment, artist services and associated expenses in an aggregate amount not to exceed $17,622,940.00 in total, nor $125,000 per performance or exhibition fee. This waiver will remain constant for three (3) years or until the aggregated recommended amount is expended, whichever occurs first.

Scope
The scope of this item is countywide in nature.

Delegation of Authority
If this item is approved, directors of Cultural Affairs, PROS, Aviation and Libraries will continue to have the delegated authority to select artists; negotiate, approve and execute contracts therewith; pay such artists for the work; and exercise all provisions of any contract or agreement, including any cancellation, renewal, and extension provisions, resulting from this waiver pursuant to Section 2-8.1 of the County Code and Implementing Order 3-38.

Fiscal Impact/Funding Source
The fiscal impact for the three (3) years is $17,622,940.00. The previous allocation under Resolution R-885-21 was $11,400,000 for three (3) years. The contracting for professional entertainment, artist services and associated expenses for all departments under this waiver is contingent upon annual authorization of the budgets for each department.

Department Allocation Funding Source Contract Manager
Cultural Affairs $15,502,940 Proprietary Funds Regla Lee/
Steven Padilla
Parks, Recreation and Open Spaces $285,000 General Fund Fernando L. Robreno
Aviation $330,000 Proprietary Funds Sylvia Novela
Public Library System $1,505,000 Library District Kimberly Craig
Total: $17,622,940

Track Record/Monitor
The negotiated agreements will require written authorization from the Directors of each department: Marialaura Leslie (Cultural Affairs), Maria Nardi (PROS), Ralph Cutié (Aviation) or Ray Baker (Libraries). This waiver will be administered and monitored by Cultural Affairs, PROS, Aviation and Libraries for activities in their respective departments.

Background
This recommendation to waive formal competitive bidding procedures to contract and pay for professional entertainment, artist services and associated expenses (including such associated specialized expenses as theater stagehands, theatrical equipment rentals, art installation services, etc.) is based on the successful model used for more than 25 years by PROS and more recently by Cultural Affairs, Aviation and the Libraries. Professional entertainment, artist services and associated expenses are unique in nature and cannot be acquired effectively through the County’s traditional procurement process. This item also follows Resolution No. R-885-21, which approved a waiver of competitive bidding for these same purposes in an amount not to exceed $125,000 per performer and for a three (3) year period or until the aggregate amount of $11,400,000.00 was expended, whichever occurred first.

The current total for the requested allocation requirements for these Departments is $17,622,940.00 for three (3) years. This amount was calculated based on the aggregate projected annual programming budgets of the Cultural Affairs-managed cultural facilities (African Heritage Cultural Arts Center, Dennis C. Moss Cultural Arts Center, Joseph Caleb Auditorium and the Miami-Dade County Auditorium), Cultural Affairs’ Culture Shock Miami program ( program for high school and college students that provides discounted tickets), PROS-managed cultural programming throughout the County's parks venues and cultural programming at Libraries throughout the County and Miami International Airport. The allocation for Cultural Affairs has increased from the prior three-year authorization of $10,365,000 to the current recommended total of $15,502,940 for three (3) years, as a result of inflation, increased activities being forecasted for these and other venues and programs, including the re-opening of the Joseph Caleb Auditorium upon completion of its expansion project. Libraries requested an allocation of $1,505,000 for enhanced cultural activity County-wide, Aviation requested $330,000, and PROS requested $285,000, for the three (3) year period. The requests also include Cultural Affairs-managed interdepartmental collaborations including Mayoral and Commission-directed cultural events, such as artistic lobby activations, in line with the Arts Energize 305 Strategic Plan. All departments use expert staff and representatives from the arts and culture community to conduct extensive market research to identify and select diverse companies and individuals offering distinct art exhibits.

The channels for normal County purchasing and competitive bidding procedures are not feasible given the short notice of availability, the uniqueness of the artistry, the specialized nature of the equipment and skilled labor required, and the variability and negotiations of the particular contracting requirements. In keeping with the County’s procurement policies, staff will continue to make every effort to use existing qualified vendors and/or obtain multiple quotes whenever possible as it relates to securing the equipment, material and other necessary resources related to presentation of such performers, exhibitions, and public events. Accordingly, it is in the County's best interest to waive formal bid procedures to contract and pay for professional entertainment, artist services and associated expenses pursuant to Section 2-8.1 of the County Code and Section 5.03(D) of the Home Rule Charter to facilitate the planning and programming of arts and cultural activities and services.



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Cathy Burgos, LCSW
Chief Community Services Officer