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HomeMy WebLinkAboutCRA-R-23-0012 Findings MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Humberto Gonzalez DATE: March 15, 2023 Executive Director OMNI CRA SUBJECT: Findings Memo for the accessing of the Adrianne Arsht Center Solicitation for On Premise Digital Media Program Annie Perez, CPPQ Director/Chief Procurement Officer REFERE Solicitation Documents Procurement Department Background: On December 3, 2020, the Adrienne Arsht Center Trust Inc. ("Adrienne Arsht"), issued an Invitation for Bid to New Tradition Media ("New Tradition"), and Orange Barrel Media, LLC ("Orange Barrel") to obtain proposals from experienced and qualified firms for the provision of On Premise Digital Media Program (see Exhibits A & B) following the Procurement Policy as stated in the Operating and Management Agreement, which was approved by Board of County Commissioners (see Exhibit C). The Bids were due January 15, 2021, both New Tradition, and Orange Barrel submitted Proposals (see Exhibits D & E). These Proposals were reviewed and evaluated on January 27, 2021, per the Evaluation Results provided by Adrienne Arsht (see Exhibit F). On February17, 2021 Adrienne Arsht sent out letters to New Tradition, and Orange Barrel informing them both of the review and consideration of the proposal and notification to Orange Barrel of formal contract negotiations (see Exhibits G & H). Before an agreement was reached with Orange Barrel, Adrienne Arsht contacted Assistant County Attorney Monica Rizo to address the relationship between Orange Barrel and the potential provision and management of digital media screens around the Arsht Center (see Exhibit I). The License Agreement ("Agreement") between Adrianne Arsht and Orange Barrel was signed September 29, 2021 (see Exhibit J). This agreement requires no capital commitment from Adrianne Arsht and Orange Barrel assumes all the compliance and responsibility. Additionally, pursuant to Section 2 of said Agreement, the Agreement may be terminated if the License fee commencement date does not occur within eighteen (18) months following the effective date of the Agreement. Recommendation: The methods used by Adrienne Arsht mirrors the City of Miami Procurement Code ("Code") Section 18- 86 titled Competitive Negotiations/Competitive Sealed Proposals, and Section 18-111 titled Contracts with other governmental entities. Therefor-; the OMNI CRA may access this Agreement if it is in its best interest. APPROVED: Humberto Gonzalez Executive Director, OMNI CRA AP:ejf z q 'f2 2 Date c: George K. Wysong III, Division Chief, General Government and Land Use Division, City Attorney's Office Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Procurement