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2009-27156 ResoRESOLUTION NO. 2009-27156 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING AGREEMENTS WITH MIAMI-DADS COUNTY, FOR FUNDING FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM: 1) BAND SHELL PARK, IN THE AMOUNT OF $1,500,000; AND 2) FLAMINGO PARK, IN THE AMOUNT OF $3,099,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS RELATED TO THESE AGREEMENTS. WHEREAS, on November 2, 2004, the voters of Miami Dade County overwhelmingly supported and approved a referendum supporting the Building Better Communities General Obligation Bond Program (BBC GOB), to provide $2.9 billion to fund more than 300 capital improvements throughout the County over the next 15 to 20 years; and WHEREAS, as part of the Building Better Communities Bond Program, the Miami-Dade County Board of County Commissioners reviewed and approved allocations to municipalities throughout the County, including the City of Miami Beach; and WHEREAS, the City of Miami Beach has BBC GOB funds for the following projects: Lummus Park; South Pointe Park; Beach Maintenance Facility; Beachfront Restrooms; Flamingo Park; Normandy Shores Golf Course; Band Shell Park; Scott Rakow Youth Center; 41St Street Bridge Repair/Restoration; Fire Station #2; Fire Station #4; South Shore Community Center; Flagler Memorial Monument; Monument Island; Old City Hall; and Miami Beach Convention Center; and WHEREAS, additional GOB projects in the City include the renovation of North Shore Branch Library; improvements to the Wolfsonian; and Beach Erosion Mitigation and Renourishment Projects; and WHEREAS, some of the BBC GOB funded projects are in advanced stages of renovation, and those agreements have already been executed; the Administration desires to move forward and execute the agreements for the final projects; and WHEREAS, as such, the Administration now requests approval to execute the Agreements for the following two (2) projects: 1. GOB Project Number 87-70611/Band Shell Park $1,500,000; 2. GOB Project Number 84-70609/Flamingo Park $3,099,000; and WHEREAS, two documents guide the BBC GOB Program: the Administrative Rules, which govern the implementation by Miami-Dade County of the Building Better Communities General Obligation Bond Program; and the Interlocal Agreements, which are the executed grant agreements between Miami-Dade County and the City, setting forth mutual obligations regarding funding cycle allocations for each project; and WHEREAS, matching funds are not required from the City to support the BBC GOB funding; and 2009-27156 WHEREAS, this project supports the key intended outcomes: ensure well-designed quality capital projects and ensure well-maintained facilities. APPROVED AS TO FORM & LANGUAGE NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby authorize the City Manager to execute the following Agreements with Miami-Dade County, for funding from the Building Better Communities General Obligation Bond Program: 1) Band Shell Park, in the amount of $1,500,000; and 2) Flamingo Park, in the amount of $3,099,000; further authorizing the City Manager to excute any and all other necessary documents related to these Agreements. PASSED and ADOPTED this 9th day of September 2009 ATTEST: Wv CITY CLERK M OR Matti Herrera Bower Robert Parcher J MG/KB/J H T:\AGENDA\20091September 9\Consent\Grants GOB Reso Bandshell Flamingo.doc FOR UTION e ~ ~ ~q ~ Da COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager approval to execute agreements with Miami-Dade County, for funding, from the Building Better Communities General Obligation Bond Program for: 1) Band Shell Park in the amount of $1,500,000; and, 2) Flamingo Park in the amount of $3,099,000. Ke Intended outcome 5u ortea: Ensure well designed quality capital projects and ensure well-maintained facilities. Supporting Data - 2009 Survey: 1) and 2) 46.59% residents visit city parks/recreational facilities on average 3.5 times per year; 87.3% of residents rated the appearance of playgrounds as excellent or good, and 85.1 % rated the maintenance of parks as excellent of good. Issue: Shall the City execute agreements with Miami-Dade County, for funding from the Building Better Communities General Obligation Bond Program for the Band Shell Park and Flamingo Park Projects? Item Summa /Recommendation: On November 2, 2004, the voters of Miami-Dade County overwhelmingly approved a referendum supporting the Building Better Communities General Obligation Bond Program (BBC GOB) to provide $2.9 billion to fund more than 300 capital improvements throughout the County. Both Band Shell Park and Flamingo Park were both approved for BBC GOB funding by the voters. Two documents guide the BBC GOB program: The Administrative Rules and the Interlocal Agreements. Both documents were developed after the City's agreement with the County. The City has worked with the County on certain language contained in both documents, and, much of the language has been amended. Notable language that remains in these documents includes the following: a) That `the City not discriminate when charging facility admission fees based on where a resident resides in the County. For Flamingo Park, the citywill be using the GOB funds to renovate areas of the park that do not have facility admission fees. For Band Shell Park if a decision is made to charge a facility admission fee, then the City will not be able to charge differential fees based on where a resident resides in the County; b) `In the event that any naming rights or advertisement space is offered on facility constructed or improved with BBC GOB program funds, then Miami-Dade County's name, logo and slogan shall appear on the facility -the City will need to consider this rule when/if deciding to sell naming rights or advertising on either of these facilities; and, c) BBC GOB funds not be used in substitution of other capital funding - this is not applicable since the city is not substituting BBC GOB funds for other capital funding. The Administration requests approval for the City Manager to execute agreements with Miami-Dade County for the Band Shell Park and Flamingo Park ro'ects; and a royal to execute of all necessa documents related to these a regiments. Advisory Board Recommendation: Financial Information: Source of # Project Name BBC GOB Amount Match Amount /Source 'Funds: 1 Band Shell Park $1,500,000 N/A- No matching funds required 2 Flamingo Park $3,099,000 N/A - No matching funds required Financial Impact Summary: Ci Clerk's Office Le islative Trackin Judy Hoanshelt, Grants Manager, Office Of Budget And Performance Improvement Department Director Assistant City Manager City Manager ~A NDA 007\dec1207\Con nt\Grants Item sum.doc ~ MIAMI ~ ~~~ 1 1 AGENQA ITEM ~ ~~O ~ SATE m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~` DATE: September 9, 2009 ` SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE FOLLOWING AGREEMENTS WITH MIAMI- DADE COUNTY, FOR FUNDING FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM: 1) BAND SHELL PARK IN THE AMOUNT OF $1,500,000; AND, 2) FLAMINGO PARK IN THE AMOUNT OF $3,099,000; AS APPROVED BY THE VOTERS IN THE NOVEMBER 2, 2004 COUNTYWIDE REFERENDUM; FURTHERAUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE AGREEMENTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On November 2, 2004, the voters of Miami Dade County overwhelmingly supported and approved a referendum supporting the Building Better Communities General Obligation Bond Program (BBC GOB) to provide $2.9 billion to fund more than 300 capital improvements throughout the County over the next 15 to 20 years. As part of the Building Better Communities Bond Program, the Miami-Dade County Board of County Commissioners reviewed and approved allocations to municipalities throughout the County, including the City of Miami Beach. GOB funding was approved for the following Miami Beach projects: Lummus Park, South Pointe Park, Beach Maintenance Facility, Beachfront Restrooms, Flamingo Park, Normandy Shores Golf Course, Band Shell Park, Scott Rakow Youth Center, 41St Street Bridge Repair/Restoration, Fire Station #2, Fire Station #4, South Shore Community Center, Flagler Memorial Monument and Monument Island, Old City Hall and Miami Beach Convention Center. Additional other GOB projects in the City include the renovation of North Shore Branch Library, improvements to the Wolfsonian and Beach Erosion Mitigation and Renourishment Projects. Some of the BBC GOB funded projects are complete, or in advanced stages of construction/renovation, and those agreements have already been executed. The Administration desires to move forward and execute the agreements for the final set of projects. Commission Memorandum Page 2 As such, the Administration now requests approval to execute the agreement for the following two (2) projects: 1. GOB Project Number 87-70611/Band Shell Park $1,500,000 2. GOB Project Number 84-70609/Flamingo Park $3,099,000 Two documents guide the BBC GOB program: the Administrative Rules, which govern the implementation by Miami-Dade County of the Building Better Communities General Obligation Bond Program; and the Interlocal Agreements, which are the executed grant agreements between Miami-Dade County and the City setting forth mutual obligations regarding funding cycle allocations for each project. The Administrative Rule and Interlocal Agreement were developed after the City's agreement with the County as to which projects to include, and after approval by the voters. The City has worked with Miami-Dade County on certain language contained in both the Administrative Rule and the Interlocal Agreement. Much of the issues that the City had have been resolved, however, notable language that remains in these documents includes the following: 1. Fees/Pricing Policy The County requires that the City not discriminate when charging facility admission fees based on where a resident resides in the County. For Flamingo Park, the city will be using the GOB funds to renovate areas of the park that do not have facility admission fees. For Band Shell Park if a decision is made to charge a facility admission fee, then the City will not be able to charge differential fees based on where a resident resides in the County. Recent discussions with Miami-Dade County have made it clear that the County is not willing to waive this requirement. 2. Naming Rights and Advertisement Space Offered on a Facility The County requires that, in the event that any naming rights or advertisement space is offered on a facility constructed or improved with BBC GOB Program funds, then Miami-Dade County's name, logo and slogan shall appear on the facility not less than once and equal to half the number of times the most frequent sponsor or advertiser is named, whichever is greater. Currently has no impact on either of these two projects, however the City will need to consider this rule when/if deciding to sell naming rights or advertising on either of these facilities. 3. Substitution of other capital project funding. The County requires that BBC GOB funds not be used in substitution of other capital funding. This is not applicable since the city is not substituting BBC GOB funds for other capital funding. Matching funds are not required from the City to support the BBC GOB funding. Commission Memorandum Page 3 This project supports the Key Intended Outcome: Ensure Well Designed Quality Capital Projects. CONCLUSION The Administration requests approval to authorize the City Manager to execute the following agreements with Miami-Dade County, for funding from the Building Better Communities General Obligation Bond Program: 1) Band Shell Park in the amount of $1,500,000; and, 2) Flamingo Park in the amount of $3,099,000; as approved by the voters in the November 2, 2004 countywide referendum; further authorizing the execution of all necessary documents related to these agreements. JMG/KB/JMH/ap T:WGENDA\2009\September 9\Consent\Grants GOB Memo Bandshell Flamingo.doc