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2003-25412 Reso RESOLUTION NO. 2003-25412 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FOLLOWING THE DULY NOTICED THIRTY (30) DAY CITIZEN COMMENT PERIOD, SUBSTANTIVE AMENDMENTS TO THE ONE-YEAR ACTION PLANS FOR FISCAL YEARS 2002/03 AND 2003/04, FOR THE REALLOCATION OF $400,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS ORIGINALLY ALLOCATED FOR THE BYRON CARLYLE THEATER PROJECT, TO BE REDISTRIBUTED AS FOLLOWS: $300,000 FOR NORMANDY ISLE PARK AND POOL PROJECT AND $100,000 FOR THE CONSTUCTION OF THE NEW FIRE STATION # 4 FACILITY; FURTHER AUTHORIZING THE REALLOCATION OF $300,000 IN CITY OF MIAMI BEACH QUALITY OF L1FEIRESORT TAX FUNDING FROM FISCAL YEAR 2000/2001 (YEAR 6), ORGINALL Y ALLOCATED FOR THE NORMANDY ISLE PARK AND POOL PROJECT, TO THE BYRON CARLYLE THEATER RENOVATION PROJECT; AND THE REALLOCATION OF $100,000 IN THE GENERAL FUND UNDESIGNATED FUND BALANCE FOR FIRE STATION 4, TO THE BYRON CARLYLE THEATER RENOVATION PROJECT; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE RELATED AGREEMENTS FOR THE REALLOCATION OF THE AFOREMENTIONED FUNDS. WHEREAS, On May 29, 2002, the Mayor and City Commission approved Resolution 2002-24864, reallocating City of Miami Beach Community Development Block Grant (CDBG) funds, in the amount of $400,000, for the rehabilitation of the Byron Carlyle Theater; and WHEREAS, using Federal CDBG funds for the renovation project of the Byron Carlyle Theater will trigger the Davis-Bacon Act and require all phases of the construction to include prevailing wage provisions, which will impact the overall construction costs of the project between 5-30%; and WHEREAS, the Administration prefers to minimize the impact on project costs of the Byron Carlyle Theater renovation project by reallocating current CDBG funds, in the amount of $400,000, into other on-going CDBG funded projects already subject to Davis-Bacon Act wage guidelines; and WHEREAS, the two projects identified for the redistribution of $400,000 of CDBG construction funds will be allocated as follows: $300,000 into the Normandy Park and Pool Project, and $100,000 into Fire Station # 4 which both currently have CDBG funds for construction; and WHEREAS, the amounts identified above will be substituted with $300,000 of Miami Beach Quality of Life/Resort Tax from Fiscal Year 2000101 (Year 6), originally allocated for the Normandy Park and Pool Project, and $100,000 from the General Fund Undesignated Fund Balance for the construction of Fire Station #4; and WHEREAS, HUD requires that the respective One-Year Action Plans for Fiscal Years 2002/03 and 2003/04 be amended to reallocate previously awarded CDBG funds for the Byron Carlyle Theater Renovation Project into other CDBG funded construction projects; and WHEREAS, in accordance with HUD regulations and the City's Citizen Participation Plan concerning substantive amendments, the Administration held a 30- day citizen comment period, which was advertised from November 13th through December 12th, 2003, and no comments have been received to date. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve amendments to the One Year Action Plans for Federal Funds for Fiscal Years 2002/2003 and 2003/2004, to reprogram CDBG funds in the amount of $400,000 from the Byron Carlyle Theater, and into Normandy Isle Park and Pool, in the amount of $300,000, and Fire Station #4, in the amount of $100,000; further authorizing the reallocation of $300,000 in City of Miami Beach Quality of LifelResort Tax Funding from Fiscal Year 2000/2001 (Year 6), originally allocated for the Normandy Isle Park and Pool Project, for the Byron Carlyle Theater Project: and the reallocation of $100,000 in the General Fund Undesignated Fund Balance for Fire Station # 4, for the Byron Carlyle Theater Renovation Project; and further authorizing the Mayor and City Clerk to execute the related agreements for the reallocation of the aforementioned funds. PASSED AND ADOPTED this 25th day of ,2003. ATTEST: ~r PaJ-ck CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JMG/CMC/RCMNG/JRljfq T:\NEIG\HSG..cD\John\COMMISSION\2003~04\Byron Carlyle COBG Reallocation Reso.doc Ll-/f -03 Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A RESOLUTION TO REALLOCATE $400,000 IN CDBG FUNDS FROM THE BYRON CARLYLE THEATER RENOVATION PROJECT; AND SUBSTITUTE $400,000 IN CDBG FUNDS WITH $300,000 FROM QUALITY OF LIFE/RESORT TAX AND $100,000 FROM THE UNDESIGNATED BALANCE OF THE GENERAL FUND FOR THE RENOVATION OF THE BYRON CARLYLE THEATER. Issue: Whether CDBG funds in the amount of $400,000 for the Bryon Carlyle Theater project should be substituted with $300,000 from Quality of Life/Resort Tax funds and $100,000 from the undesignated balance of the General Fund to minimize the project costs of the Byron Carlyle Theater project. Item Summary/Recommendation: Adopt the Resolution for the reallocation of CDBG funds in the amount of $400,000 as follows: $300,000 for the Normandy Isle Park and Pool Project, and $100,000 for the construction of Fire Station #4; and reallocate $300,000 from Quality of Life/Resort Tax for the Byron Carlyle Theater renovation project; and reallocate $1 00,000 from the undesignated fund balance of the General Fund for the Byron Carlyle Theater renovation project. Advisory Board Recommendation: None. Staff to advise the Community Development Advisory Committee at the next regularly scheduled meeting of January 27, 2004. Financial Information: Source of Amount Account Approved Funds: 1 $400,000 132.5820.000346 - CDBG Funds D 2 $300,000 301 - General Fund 3 $100,000 161.6235.000343 - Quality of Life/Resort Tax 4 Finance Dept. Total $400,000 Ci Clerk's Office Le islative Trackin Christina Cuervo, Assistant City Manager Si n-Offs: I?epartment Director Assistant City Manager City Manager Agenda Item Date C,7T //-;:),5'-03 CITY OF MIAMI BEACH . CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: November 25, 2003 Members of the City Commission Jorge M. Gonzalez \ ~ City Manager 0 A RESOLUTION OF THE MAYOR AND CITY cOMMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SUBSTANTIVE AMENDMENTS TO THE ONE-YEAR ACTION PLANS FOR FISCAL YEARS 2002/03 AND 2003/04 FOR THE REALLOCATION OF $400,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS ORIGINALLY ALLOCATED FOR THE BYRON CARLYLE THEATER RENOVATION PROJECT, TO BE REDISTRIBUTED AS FOLLOWS: $300,000 FOR NORMANDY ISLE PARK AND POOL AND $100,000 FOR THE CONSTRUCTION OF THE NEW FIRE STATION # 4 FACILITY; AND FURTHER AUTHORIZING THE REALLOCATION OF $300,000 IN CITY OF MIAMI BEACH QUALITY OF LIFE/RESORT TAX FUNDING FROM FISCAL YEAR 2000/2001 (YEAR 6) ORGINALL Y ALLOCATED FOR THE NORMANDY ISLE PARK AND POOL PROJECT, TO THE BYRON CARLYLE THEATER RENOVATION PROJECT; AND THE REALLOCATION OF $100,000 IN THE GENERAL FUND UNDESIGNATED FUND BALANCE FOR FIRE STATION 4, TO THE BYRON CARLYLE THEATER RENOVATION PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Community Development Block Grant (CDBG) funds in the amount of $400,000 were awarded to the Byron Carlyle Theater Renovation project on May 29, 2002 via Resolution # 2002-24864. Once CDBG funds were added to the construction funds for the theater renovation project, the whole project became subject to the rules and regulations of the Davis Bacon Federal Labor Standards. Whenever CDBG funds in the amount of $2,000 or more are used for construction or renovation, Davis Bacon wage guidelines must be used on all phases of the project - including previously phased construction/renovation stages. From the outset, the Byron Carlyle Theater project has had limited funding and thus, was projected and designed to be completed in phases as funding became available. Among the contemplated improvements for the theater and performance space were substantial City Commission Memorandum November 25, 2003 Re: Reallocation of CDBG Funds from Byron Carlyle Theater project Page 2 of 3 interior renovations of the two theaters located on the east side of the building. The facility is being renovated to fill a need from the local community based cultural arts organizations for performance and rehearsal space. Davis Bacon labor standards proved to have a significant impact on the construction costs element on this project. Davis Bacon requirements can typically increase construction costs from 5% to 30%. Initially, it was believed that Davis Bacon wage requirements would not be triggered if the City used its own labor pool through the Property Management Division of the Public Works Department. As such, CDBG funds were awarded and were anticipated to be used on the renovation phase of the theater. However, using CDBG funds on this project "tainted" additional funds from other non-federal sources and required the use of Davis Bacon wage standards, thus increasing the cost of the project. Once this issue was raised, staff sought to obtain an opinion from the U.S. Department of Housing and Urban Development (HUD) for an exemption of using the prevailing wage provisions since the intended use of the CDBG funded improvements did not clearly fit the usual written determination of activities which require labor standards and the payment of higher prevailing wages. The HUD Office of Labor Relations researched the request extensively, but ultimately denied the request for an exemption based on precedents established on other similar projects, and stated that Davis Bacon wage guidelines would have to be used throughout all phases of construction on the Byron Carlyle Theater. Given the funding restraints of this project and the increased construction costs that would be required as a result of utilizing the CDBG funds, the Administration sought to maximize the use of all construction funds identified for this project, and identified a way to reallocate the CDBG allocation of $400,000 by substituting with other construction projects which already have CDBG construction dollars awarded to them and are already subject to Davis Bacon prevailing wage requirements. This would allow the Byron Carlyle Theater renovation project to continue without the burden of additional costs. Two projects were identified which already have CDBG funds allocated for construction. They are the Normandy Isle Park and Pool project and the construction of the new Fire Station # 4. Respectively, the amounts of CDBG funds already allocated to these projects are $138,838 and $501,221. It should be further noted that even if neither of these projects had no CDBG funds allocated to them, they would still be subject to prevailing wage rates. This is due to the fact that the City of Miami Beach Prevailing Wage Ordinance requires all construction contracts over $1,000,000, and which the City is a party to, that all laborers and mechanics be paid current prevailing wages. To make up the difference in funding for the Byron Carlyle Theater, the original $400,000 in CDBG funds will be substituted with $100,000 in General Fund Undesignated Fund Balance funds from Fire Station # 4 and $300,000 from Quality of LifelResort Tax funds from the Normandy Isle Park and Pool. The City of Miami Beach is an entitlement recipient of federal formula grant programs from the U.S. Department of Housing and Urban Development (HUD). As such, each year, the City prepares an annual One-Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate-income City Commission Memorandum November 25, 2003 Re: Reallocation of CDSG Funds from Byron Carlyle Theater project Page 3 of 3 Miami Beach residents. HUD requires that the respective One-Year Action Plans be amended whenever a substantive amendment has been made. An amendment is considered substantive when a proposed CDBG-funded activity has not been previously described in the previous years Action Plan(s) or a change has been made in the method of distribution of funds. The $400,000 in CDBG funds originally awarded to the Byron Carlyle Theater for renovation improvements are being proposed to be redistributed between the Normandy Isle Park and Pool project and the construction of Fire Station #4. As part of the substantive amendment process required by HUD, a thirty day public comment period is being advertised for the Notice of the Intent to Amend the One-Year Action Plans for FY 2002/03 and FY 2003/04. The comment period is from November 13th through December 12'h 2003. No comments to the contrary of the proposed amendment are anticipated. However, if any negative comments are received during the comment period, said comments will be presented to the Mayor and Commission for their subsequent review and any subsequent action, if necessary. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution for the reprogramming of CDBG funds from the Byron Carlyle Theater to Normandy Isle Park and Pool and Fire Station # 4, and the subsequent reallocation of $100,000 in General Fund Undesignated Fund Balance funds from Fire Station # 4 and $300,000 from Quality of LifelResort Tax funds from the Normandy Isle Park and Pool.. 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