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RESOLUTION WAIVING COMPETITIVE BIDDING PROCEDURES BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT IN ACCORDANCE WITH SECTION 5.03(D) OF THE HOME RULE CHARTER AND SECTION 26-34 OF THE CODE OF MIAMI-DADE COUNTY TO APPROVE A PROGRAMMING PARTNERSHIP OPERATING AND MANAGEMENT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND PELICAN HARBOR SEABIRD STATION, INC., A NOT-FOR-PROFIT ENTITY, TO CONTINUE TO PROVIDE FOR THE OPERATION OF THE PELICAN HARBOR SEABIRD STATION FOR THE CARE OF SICK AND INJURED SEABIRDS, FOR A TERM THROUGH APRIL 1, 2027 WITH YEARLY FEES TO THE COUNTY IN THE AMOUNT OF $300.00 AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ALL RIGHTS AND PROVISIONS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum and documents, copies of which are incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. This Board incorporates the foregoing recitals and finds that it is in the best interest of Miami-Dade County to waive formal bid procedures by a two-thirds (2/3) vote of the Board Members present in accordance with the provisions of section 5.03(D) of the Home Rule Charter and section 26-34 of the Code of Miami-Dade County to select Pelican Harbor Seabird Station, Inc., a Florida not for profit entity, as the operator and manager of the Pelican Harbor Seabird Station, in accordance with the agreement attached to the accompanying memorandum as Attachment A.

Section 2. The Board authorizes the County Mayor or County Mayor�s designee to execute the Programming Partnership Operating and Management Agreement between Miami-Dade County and Pelican Harbor Seabird Station, Inc. and exercise all rights and provisions contained therein.

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Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Waiver of Competitive Bidding and Recommending Approval of Continuance of Programming Partnership Operating and Management Agreement Between Miami-Dade County and Pelican Harbor Seabird Station, Inc. at Pelican Harbor Marina for the Care of Sick and Injured Aquatic Birds

STAFF RECOMMENDATION
Recommendation:
It is recommended that the Board of County Commissioners (Board) waive competitive bidding procedures pursuant to section 26-34 of the Miami-Dade County Code applicable to Programming Partnerships and section 5.03(D) of the Home Rule Charter in order to approve a Programming Partnership Operating and Management Agreement (Agreement) between Miami-Dade County (County) and Pelican Harbor Seabird Station, Inc. (PHSS), a Florida not for profit entity, by a two-thirds vote of the Board members present. This is for use and operation of the Seabird Station located at Pelican Harbor Marina to care for and feed sick and injured aquatic birds as well as provide educational programming for the community. PHSS has been operating from this location since 1990, and they will relocate to its new facility on or before April 1, 2027. This Agreement allows PHSS to remain on County property and continue providing uninterrupted care for the animals it serves until construction of the new facility is complete.

Scope:
PHSS�s current facility is located within Pelican Harbor Marina (Park), 1279 NE 79 Street Causeway, Miami, Florida 33138 in County Commission District 3 which is represented by Commissioner Keon Hardemon. PHSS will serve and be open to all residents of Miami-Dade County; therefore, the scope is countywide.

Delegation of Authority:
It is requested that the Board authorize the County Mayor or Mayor�s designee to execute the Agreement on behalf of the County and to exercise all provisions contained therein. The County Mayor or Mayor�s designee shall be required to seek Board approval for any approvals, consents, actions, events or undertakings that would create a financial obligation, cost or expense to the County beyond those specifically identified and set forth in the Agreement (Attachment A).

Fiscal Impact/Funding Source:
There will be minimal fiscal impact as the County will continue to incur no operating expenses for the current facility but will continue to incur charges for utilities associated with the operation of the building. However, the exact fiscal impact is not quantifiable, as the utility payments for PHSS are paid in conjunction with those associated with the marina as a whole. PHSS will continue to remit their annual payment of $300 per year.

Track Record/Monitor:
The Parks, Recreation and Open Spaces Department�s (PROS) Assistant Director of Finance and Administration, Robert Villar, will manage the terms and conditions of the Agreement.

Background:
In 1990, by way of Resolution R-789-90, a Lease Agreement (Lease) was entered into between the County and PHSS which provided for the development and operation of facilities for the purpose of caring for and feeding sick and injured aquatic birds, primarily pelicans and other federally protected birds found injured, ill or orphaned. PHSS cares for around 2,700 native wildlife patients per year, for a total of around 70,000 bird lives impacted over the life of the Lease. The County approved PHSS�s request to exercise their available Option to Renew in 2011, extending the term of the Lease for a 10-year term through July 23, 2020, under the same terms and conditions with the mutual understanding that PHSS wanted to expand their current facilities to accommodate higher demand.

After the expiration of the original Agreement, the County then executed a Programming Partnership Operating and Management Agreement with PHSS to allow for the continuance of services without interruption. The agreement, executed in October 2021, remained in place until its expiration date of until December 31, 2023.

PHSS currently continues to operate the facility located at Pelican Harbor Marina while planning to construct a larger building at a different location. PHSS has experienced many roadblocks with the construction of their new building due to a multitude of unforeseen delays, such as issues with permitting, brownfield remediation, archaeological work, and the COVID-19 pandemic. Such delays have drastically affected and postponed PHSS�s move-in timeline for several additional years beyond the originally planned move-in date.

PHSS has since notified the County of its intent to relocate to land purchased by PHSS to expand their operation. However, they have recently requested a formal agreement to remain on the County�s property and continue to operate at the park until construction of their new building has been completed, which will allow for uninterrupted continuity of care for the thousands of animals they serve. PHSS�s current expected relocation date is April 1, 2027.

Approving this Agreement and bid waiver is in the best interest of the County as it ensures the uninterrupted operation of a critical wildlife care and educational facility that has served Miami-Dade County for more than three decades. Pelican Harbor Seabird Station, Inc. provides highly specialized services that protect federally protected aquatic birds, supports environmental stewardship, and delivers meaningful educational and volunteer programming to the community at no material cost to the County.

The Agreement allows the County to continue leveraging a trusted nonprofit partner with a proven track record of operational excellence while avoiding service disruption, vacancy of a County-owned facility, or the need for County-funded alternatives. Additionally, the continuation of this Programming Partnership aligns with the County�s strategic goal of maximizing public-private collaborations, preserves a unique park asset, and allows PHSS sufficient time to complete its planned relocation without jeopardizing the thousands of animals and residents who benefit from its services annually.

Attachment: Programming Partnership Operating and Management Agreement between Miami-Dade County and Pelican Harbor Seabird Station, Inc.




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Roy Coley
Chief Utilities and Regulatory Services Officer