20141119 SM2r^L --.@,
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1915.2015
MIAMIBEACH
City Gommission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
November 19,2014
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vtl, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all tobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions
regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.
SUPPLEMENTAL AGENDA
G7 - Resolutions
CTK A Resolution Adopting The Official Certificate Of County Canvassing Board For The November 4,
2014 Special Election For The City Of Miami Beach, And Declaring Results Thereof.
(City Attorney's Office)
(Official Gertificate of County Canvassing Board)
1
Supplemental Agenda, November 19, 2014
R7 - Resolutions
R7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amended And
Restated lnterlocal Cooperation Agreement, Amending And Restating ln lts Entirety The 1996
lnterlocal Cooperation (County) And The City, As Amended (Collectively, The 1996 lnterlocal),
Regarding The Use And Disposition Of The Two/Thirds Portion Of The Convention Development Tax.
(Tourism, Culture & Economic Development)
(lnterlocal Gooperation Agreement)
R7F A Resolution Adopting The Fifth Amendment To The General Fund, Enterprise Fund, lnternal Service
Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013114. 11:30 a.m. Public Hearins
(Budget & Performance lmprovement)
(Memorandum & Resolution)
2
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City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
fANovember 19,2014DATE:
SUBJECT:RESOLUTION ACCEPTING RESULTS OF THE NOVEMBER 4, 2014 CITY OF
MIAMI BEACH SPECIAL ELECTION
Attached please find the Official Certificate of County Canvassing Board for the November 4, 2014
City of Miami Beach Special Election. These results include all absentee, provisional, early voting,
and Election Day ballots cast. The Official Certificate will be included as Exhibit "A" to the previously
provided proposed Resolution accepting results.
Upon the City Commission's acceptance of the results of the November 4,2014 City of Miami Beach
Special Election via passage of the proposed Resolution, all City Commission election activities
related to the City's November 4, 2014 Special Election shall conclude.
T:\AGENDA\2014\November\Special Election\Special Election Memo Supplemental.doc
Agenda ltem e7K
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x*xofficial***
CERTIFICATE OF COUNTY CANVASSING BOARI)
MIAMI.DADE COUNTY
We, the undersigned, ANDREW S. HAGUE, County Judge, Substitute Member/Chairperson,
PENELOPE TOWNSLEY, Supervisor of Elections, Member, CARLOS GUZMAN, County Judge,
Alternate Member, constituting the Board of County Canvassers in and for said County, do hereby certifu
that we met on the Fourteenth day of November,20l4 A.D., and proceeded publicly to canvass the votes
given for the charter amendments herein specified at the City of Miami Beach Special Election held on
the Fourth day of November, 2014 A.D., as shown by the returns on file in the office of the Supervisor of
Elections. We do hereby certify from said returns as follows:
City Charter Article V:
City Commission's Pre-Collective Bargaining Analysis of Fringe Benefits
Shall Charter Aticle V governing "Budget and Finance" be amended to require that within the 6 months
preceding the City Commission's ratification of Collective Bargaining Agreements with the respective
labor unions, the Commission shall consider at public hearing a written report presented by City Manager
or his designee/City Budget Director, detailing current status and related fiscal impact of fringe benefits,
including pension and health insurance plans, provided by City to its officers and employees?
YES 12,716 Votes
NO 3,087 Votes
City Chafier Section 1.03:
Management Agreements and Concession Agreements
Shall Charter Section I .03 be amended to require approval by 417 vote of all members of Planning Board
and 617 vote of City Commission prior to City entering into any Management or Concession Agreement
with a private party for l0 years or longer (including option periods) for the management, operation
and/or use of City propefty (including public beaches) or a City-owned facility, exempting therefrom City
agreements with Federal, State or Local governmental entities?
YES I 1,263 Votes
NO 3,443 Votes
County J W S. HAGUE
PENELOPE TOWNSLEY
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THIS PAGE INTENTIONALLY LEFT BLANK
32
AMENDED AND RESTATED
INTERLOCAL COOPERATION AGREEMENT
THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT, made this _day
of , 2014 (the "Agreement"), by and between Miami-Dade County, a political
subdivision of the State of Florida (the "County"), and the City of Miami Beach, a municipal
corporation organized under the laws of the State of Florida (the "City" or "CMB"), amends and
restates in its entirety the 1996 Interlocal Cooperation Agreement and its amendments between the
County and the City regarding the disposition of the Two Thirds Portion (as hereinafter defined) of
the Convention Development Tax ("CDT"), as defined in this Agreement, for a term to commence
upon the dated date above (the "Effective Date"), and ending on the Termination Date, as defined
in this Agreement. After the Termination Date, the allocation of the Two Thirds Portion of the
CDT shall be made pursuant to State law.
WITNESSETH:
WHEREAS, the County and the City previously entered into interlocal agreements,
including the 1996 Interlocal Cooperation Agreement dated June 21, 1996, between the County
and the City, as amended by Amendment One to the Interlocal Cooperation Agreement, dated
Api124,2001 ("Amendment One"), the First Addendum to Amendment One, dated May 22,2007
(the "Addendum to Amendment One"), and the Second Amendment to the lnterlocal Cooperation
Agreement, dated March 23, 2004 ("Amendment Two") (collectively, the "1996 Interlocal"),
regarding the use and disposition of the twothirds (213) portion ("Two Thirds Portion") of the tax
imposed by the County on the exercise within its boundaries of the taxable privilege of leasing or
letting transient rental accommodations at the rate of three percent (3%) of the total consideration
charged for such accommodations, authorized pursuant to Section 212.0305(4)(b), Florida
Statutes, and imposed pursuant to the County Code and Ordinances ("Convention Development
Aoenda ttem R-7 B
Date ll-11-lq33
Tax"); and
WHEREAS, the parties intend by this Agreement to amend and restate in its entirety the
1996 Interlocal regarding the disposition of the Two Thirds Portion of the CDT and, to the extent
that the terms and provisions of the 1996lnterlocal are not expressly included herein, such terms
and provisions shall be deemed to be no longer in full force and effect and, in the event of a
conflict between the 1996 lnterlocal and this Agreement, the provisions of this Agreement shall
prevail; and
WHEREAS, the County and the City have approved and entered into an Interlocal
Cooperation Agreement, executed on November 16, 1993, as amended by an amendment approved
by the Board of County Commissioners (the "Board") through Resolution No. R-889-03 and the
City Commission through Resolution No. 2003-25241, and further amended by an amendment
approved by the Board through Resolution No. R-958-05 and the City Commission through
Resolution No. 2004-25560 (the "1993 CRA Interlocal"), relating to the City Center/Historic
Convention Village Redevelopment and Revitalization Area (the "City Center RDA"); and
WHEREAS, the County, the City, and the Miami Beach Redevelopment Agency, a public
agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "Agency''),
have approved and entered into a third amendment to the 1993 CRA lnterlocal dated _(the
"Third Amendment"), which among other things, extends the term of the City Center RDA to the
earlier of March 31, 2044 or the date the Agency's indebtedness approved by the County is no
longer outstanding. The 1993 CRA Interlocal, as amended by the Third Amendment, shall be
referred to herein as the "CRA lnterlocal",
NOW, THEREFORE, the County and the City agree as follows:
I. All capitalized terms in this Agreement shall have the meanings ascribed to them in this
Agreement.
34
II.DISPOSITION OF THE TWO THIRDS PORTION
A. The County shall pay to the City the payments described in subsections II.A.I.
through and including II.A.4 below, solely from the Two Thirds Portion of the CDT Receipts (as
hereinafter defined) for the period set forth in such subsections in the order of priority set forth in
subsection II.4.6. of this Agreement.
1. An operating and maintenance subsidy for the Miami Beach Convention
Center, located at l90l Convention Center Drive, Miami Beach, Florida consisting of
approximately 500,000 square feet of convention halls and approximately 127,000 square feet of
meeting rooms (the "Convention Center"), equal to $4.5 million per year, commencing on April l,
2003, and ending on the earlier of the Termination Date or the date that the Convention Center is
no longer in operation as a publicly owned convention center.
2. The following paymentsr:
2014 - 50% of CDT Receipts received by the County in Fiscal Year 20 [4 greater than $62,902,571but less than $80,035,626
2015 - 50% ofCDT Receipts received by the County in Fiscal Year 20 [ 5 greater than $66,047,700 but less than $86,086,3 I 9
2016 - 50% ofCDT Receipts received by the County in Fiscal Year 20 I 6 greater than $69,350,085 but less than $92,594,445
2017 - 50% of CDT Receipts received by the County in Fiscal Year 20 I 7 greater than $72,8 I 7,589 but less than $99,594,585
2018 - 50% of CDT Receipts received by the County in Fiscal Year 2018 greater than $76,458,469 but less than $ l0'7,123,935
2019 - 50% of CDT Receipts received by the County in Fiscal Year 2019 greater than $80,281,392 but less than $ I 15.222,505
2020 - 50o/o of CDT Receipts received by the County in Fiscal Year 2020 greater than $84,295,462 but less than $ 123,933,326
2021 - 50% of CDT Receipts received by the County in Fiscal Year 2021 greater than $88,510,235 but less than $133,302,687
2022 - 50o/o ofCDT Receipts received by the County in Fiscal Year 2022 greater than $92,935,747 but less than $ 143,380,370
2023 - 50o/o ofCDT Receipts received by the County in Fiscal Year 2023 greater than $9'l ,582,534 but less than $154,219,926
2024 - 50% of CDT Receipts received by the County in FiscalYear 2024 greater than $ 102,461,661 but less than $165,878,952
2025 - 50o/o ofCDT Receipts received by the County in Fiscal Year 2025 greater than $107 ,584,744 but less than $l 78,41 9,400
2026 - 50% of CDT Receipts received by the County in Fiscal Year 2026 greater than $ I 12,963,98 I but less than $ 191,907,907
2027 - 50% of CDT Receipts received by the County in Fiscal Year 2027 greater than $l 18,612,180 but less than $206,416,145
2028 - 50% of COT Receipts received by the County in Fiscal Year 2028 greater than $124,542,789 but less than $222,021/05
2029 - 50% ofCDT Receipts received by the County in Fiscal Year 2029 greater than $130,769,928 but less than $238,806,008
2030 - 50% of CDT Receipts received by the County in Fiscal Year 2030 greater than $137,308,425 but less than $256,859,742
2031 - 50% of CDT Receipts received by the County in Fiscal Year 2031 greater than $144,173,846 but less than $276,2'18,339
2032 - 50% of CDT Receipts received by the County in Fiscal Year 2032 greater than $l5l,382,538 but less than $29'1,164,981
2033 - 50% of COT Receipts received by the County in Fiscal Year 2033 greater than $ I 58,951 ,665 but less than $3 19,630,654
2034 - 50% of CDT Receipts received by the County in Fiscal Year 2034 greater than $ 166,899,248 but less than $343,794,731
2035 - 50% of CDT Receipts received by the County in Fiscal Year 2035 greater than $175,244,21I but less than $369.785,613
2036 - 50o/o of CDT Receipts received by the County in Fiscal Year 2036 greater than $ I 84,006,42 I but less than $397 ,741,405
203'7 - 50% of CDT Receipts received by the County in Fiscal Year 203'l greater than 5193,206,742 but less than $427,810,655
2038 - 50% ofCDT Receipts received by the County in Fiscal Year 2038 greater than $202,867,080 but less than $460,153,141
2039 - 50o/o ofCDT Receipts received by the County in Fiscal Year 2039 greater than $2 I 3,0 10,433 but less than $494,940,71 8
2040 - 50o/o ofCDT Receipts received by the County in Fiscal Year 2040 greater than $223,660,955 but less than $532,358,236
'All years listed above are fiscal years ending September 30; all CDT Receipts are based on Current CDT Rate.
To the extent the Termination Date is later than September 30, 2040, the City will
continue to receive an allocation of 50% of CDT Receipts, calculated based upon the Current
35
CDT Rate (as hereinafter defined) and the formula established in the aforementioned schedule,
which represents County growth estimates of annual CDT Receipts based upon the Current CDT
Rate, between 5ok and a cap of 7.560/o growth. The County shall receive 100% of any annual CDT
Receipts in excess of the 7.56% annual growth figure based on the Current CDT Rate.
Annual payments to the City, as listed and provided for in this subsection II.A.2, shall be
capped at $50 million; provided, however, that beginning in the County's fiscal year ending
September 30, 2030, the $50 million cap shall escalate annually at the lesser of three percent (3%)
or the Miami Fort Lauderdale A11 Urban Consumers Consumer Price lndex from July to June
("Miami Urban Area CPI").. These payments to the City shall be used for (i) the Convention
Center; and (ii) projects that are determined by the City, in its sole discretion, to be related to the
Convention Center, which projects are within the boundaries of the City Center RDA and are
eligible for CDT funding pursuant to State law (the "Other Projects"). To the extent that the City
determines funds are not needed for the Convention Center or the Other Projects, the funds may
be used by the City for other projects outside the boundaries of the City Center RDA, eligible for
CDT funding pursuant to State law. The County shall have ninety (90) days after the close of the
County's fiscal year to make its remittance to the City.
3. (a) Commencing on the County's fiscal year following the Effective
Date and ending on the earlier of September 30, 2025 or the termination or expiration of the City
Center RDA and the Agency as set forth in the CRA Interlocal, or the date that the Convention
Center is no longer in operation as a publicly owned convention center, the County may reimburse
the Agency, on March 31 of each year, an amount equal to the prior fiscal year's annual subsidy
paid to the City pursuant to the terms of Section XII.D of the CRA Interlocal, adjusted by the
lesser of the Miami Urban Area CPI or 4 percent annually. Commencing on October 7,2025 and
ending on the earlier of the termination or expiration of the City Center RDA and the Agency as
36
set forth in the CRA Interlocal, or the date that the Convention Center is no longer in operation as
a publicly owned convention center, the County shall reimburse the Agency, on March 31 of each
year, an amount equal to the prior fiscal year's annual subsidy paid to the City pursuant to the
terms of Section XII.D of the CRA Interlocal, adjusted by the lesser of the Miami Urban Area CPI
or 4 percent annually. These payments shall be used solely to reduce the annual subsidy payment
to be funded with increment revenues pursuant to Section XII.D of the CRA Interlocal, by an
amount equal to the payments pursuant to this Section.
(b) Commencing on the October l't immediately following the termination or
expiration of the City Center RDA and the Agency, as set forth in the CRA Interlocal, and ending
on the earlier of the Termination Date or the date that the Convention Center is no longer in
operation as a publicly owned convention center, the County shall annually remit to the City, no
later than March 3l of each year, an operating and maintenance subsidy for the Convention
Center. The City agrees that such funds shall only be used to fund operating and maintenance
costs of the Convention Center. The first annual subsidy amount payable by the County shall
equal the prior fiscal year's annual subsidy paid to the Agency pursuant to the terms of Section
XII.D. of the CRA Interlocal, adjusted by the lesser of the Miami Urban Area CPI or 4 percent
annually. For subsequent fiscal years of the County, the annual subsidy amount payable by the
County shall equal the prior County fiscal year's annual subsidy paid to the City pursuant to the
terms of this Agreement, adjusted by the lesser of the Miami Urban Area CPI or 4 percent
annually. For example, on March 31,2030, the County shall pay, solely from the Two Thirds
Portion of the CDT Receipts, in the order of priority set forth in Section II.A.6._of this
Agreement, an amount equal to the subsidy due to be paid on March 31,2029, adjusted by the
lesser of the Miami Urban Area CPI or 4 percent.
4. Commencing in the County fiscal year following the one year anniversary date of
37
the Completion of the Convention Center Headquarters Hotel (as defined below), and ending on
the earlier of the Termination Date, or thirty years after the one year anniversary date of the
Completion of the Convention Center Headquarters Hotel, the County shall remit up to $1.5
million to the City, on March 31 of each year, for projects as determined by the City in its sole
discretion, eligible for funding pursuant to subsection 212.0305(4)(b)2.c., Florida Statutes, as
amended; provided, that the County's obligation in this subsection shall terminate if the (i) the
City rescinds the collection of the I o% resort tax, as such tax is provided for and set forth in
Section 5.03(b) of the City Charter, or (ii) uses such lo% resort tax for any purposes other than the
payment of annual debt service on the 2015 Bonds, as defined in Paragraph III.C.6. of the CRA
Interlocal. After providing for payment of such annual debt service on the 2015 Bonds, the City
may use the lo/o resort tax for such other uses and purposes, as may be permitted pursuant to City
Charter Section 5.03(b). . For purposes of this Agreement, "Completion of Convention Center
Headquarters Hotel" shall mean completion of a hotel in proximity of the Convention Center and
within the boundaries of the City Center RDA, consisting of at least 400 rooms, up to 40,000
square feet of ballroom and meeting space, and related amenities, as evidenced by the earlier of
the City's issuance of a temporary certificate of occupancy or certificate of occupancy for such
hotel. The $1.5 million payment is estimated based on the completion of an 800 room hotel. To
the extent that the number of rooms is less than 800, the payment will be prorated accordingly
based on the number of rooms constructed.
5. For purposes of this Agreement, "CDT Receipts" shall mean the revenues collected
annually (excluding any carryover from prior year collections) by the County of the levy on the
exercise within its boundaries of the privilege of leasing or letting transient rental accommodations
at the rate of three percent (3%) (the "Current CDT Rate") of the total consideration charged
therefore as currently authorized pursuant to Section 212.0305(4)(b), Florida Statutes (net of Tax
38
Collector administrative costs for local administration pursuant to Section 212.0305(5)(b)5,
Florida Statutes). CDT Receipts, whenever used in this Agreement, shall apply solely to the
Current CDT Rate; provided; however, that it is recognized that any outstanding indebtedness of
either the County or the City secured by a pledge of CDT Receipts shall have a first claim on such
CDT Receipts prior to any other payments required under this Agreement.
6. The County uses CDT Receipts to annually fund various projects and activities
eligible for funding from CDT Receipts. The parties agree that the County's funding of these
projects and activities in some instances have a prior lien on CDT Receipts thereby making the
payments to the City and the Agency, as set forth herein, subordinate to such senior CDT
obligations. All payments from the County to the City and the Agency, as set forth in this
Agreement, shall be paid solely from the Two Thirds Portion of the CDT Receipts. The order and
priority of the existing senior CDT obligations is as follows:
(a) with respect to each fiscal year of the County commencing upon the effective date
of this Agreement and ending on September 30, 2030:
(i) the bond service requirements (as defined in Ordinance No. 96-85 enacted
by the Board on June 4, 1996, as same may be supplemented and amended) for the Miami-Dade
County, Florida Special Obligations and Refunding Bonds, Series 1996A and Series 19968, and
any bonds issued to refund any portion of such bonds;
(ii) operational and capital replacement subsidies to the Convention Center,
pursuant to Section II.A.1 . of this Agreement;
(iii) $1,000,000 payable annually to the Cultural Affairs Council and operational
subsidies of $2,000,000 for each County fiscal year for PAC Projects (as such term is defined in
County Ordinance No. 97-210);
(iv) payment of $6,400,000 through June 30, 2029, and $1,500,000 in the period
39
commencing July I, 2029 and ending June 30, 2030, to Basketball Properties, Ltd. or its
successors and assigns, pursuant to the Arena Agreements, as hereinafter defined;
(v) the bond service requirements (as determined in County Ordinance No. 97-
210 enacted by the Board on November 18, 1997, as amended by Ordinance No. 05-00, enacted by
the Board on May 17, 2005, and as same may be amended and supplemented) for (i) the Miami-
Dade County, Florida Subordinate Special Obligation and Refunding Bonds, Series 1997A; (ii) the
Miami-Dade County, Florida Subordinate Special Obligation Bonds, Series 19978, Series 1997C,
Series 2005A, Series 20058 and Series 2009; and (iii) any bonds issued to refund any portion of
each such Series ofbonds;
(vi) payment of any Hedge Obligations (as such term is defined in County
Ordinance No. 97-210), including any extension of their maturities;
(vii) payments to the City pursuant to Section II.A.2. of this Agreement;
(viii) payments to the City of Miami pursuant to the Interlocal Cooperation
Agreement between the County and the City of Miami, dated as of July 1,2009, as amended by the
First Amendment to the Interlocal Cooperation Agreement, dated October 22,2012;
(ix) payments to Basketball Properties, Ltd. or its successors and assigns,
pursuant to the Arena Agreements of the Naming Rights Payrnents, the Shortfall Naming Rights
Payment, if any, the funding and replenishment or the Reserve, and any Shortfall payments plus
accrued interest, if any, on such pa5rments (as such capitalized terms are defined in the Arena
Agreements); and
(x) amounts retained by the County to fund other subordinate contractual
commitments and ongoing disbursements to eligible activities, not to exceed the annual amounts
set forth below for the County's fiscal years ending September 30 listed below:
FY 2017: $29,225,581
40
FY 2018: $29,655,071
FY 2019: $30,087,798
FY 2020: $30,623,842
FY 2021: $31,113,289
FY 2022: 531,506,221
FY2023: $32,052,726
FY 2024: $32,502,894
FY 2025 532,956,817
FY 2026 $33,314,587
FY 2027 934,276,302
FY 2029 $34,542,059
FY 2029 $35,211,961
FY 2030 $35,936,1 10;
(xi) marquee event grant payments to South Florida Stadium LLC and its
successors and assigns pursuant to Marquee Event Performance Based Grant Agreement between
the County and South Florida Stadium LLC (and joined by the Miami Dolphins, LTD solely with
respect to the County's right to terminate upon the relocation of the team), dated J;uly 2,2014; and
(xii) commencing on October 1,2026, the following payments: (A) $5,000,000
retained by the County for contractual commitments and ongoing disbursements to eligible
activities; and (B) payments to the Agency as set forth in Section II.A.3. of this Agreement; and
(xiii) payments to the City pursuant to Section II.A.4. of this Agreement when and
if due and owing.
(b) with respect to each fiscal year of the County for the period from and after October
1,2030:
41
(i) the bond service requirements (as defined in County Ordinance No. 96-85,
enacted by the Board on June 4,7996, as same may be supplemented and amended) for the Miami-
Dade County, Florida Special Obligations and Refunding Bonds, Series 1996A and Series 19968,
and any bonds issued to refund any portion of such bonds;
(ii) operational and capital replacement subsidies to the Convention Center,
pursuant to Section II.A.1. of this Agreement;
(iii) $1,000,000 payable annually to the Cultural Affairs Council and operational
subsidies of $2,000,000 for each County fiscal year for PAC Projects (as such term is defined in
County Ordinance No. 97-210);
(iv) payment of $6,400,000 through June 30, 2029, and $1,500,000 in the period
commencing July l, 2029 and ending June 30, 2030, to Basketball Properties, Ltd. or its
successors and assigns pursuant to the Arena Agreements;
(v) the bond service requirements (as determined in County Ordinance No. 97-
2I0, enacted by the Board on November 18, 1997, and as amended by Ordinance No. 05-00,
enacted by the Board on May 17, 2005, and as same may be amended and supplemented) for (i)
the Miami-Dade County, Florida Subordinate Special Obligation and Refunding Bonds, Series
1997A; (ii) the Miami-Dade County, Florida Subordinate Special Obligation Bonds, Series 19978,
Series 1997C, Series 2005A, Series 20058 and Series 2009; and (iii) any bonds issued to refund
any portion of each such Series of bonds;
(vi) payment of any Hedge Obligations (as such term is defined in County
Ordinance No. 97-210), including any extension of their maturities;
(vii) payment to the City pursuant to Section II.A.2. of this Agreement;
(viii) payments to the City of Miami pursuant to the Interlocal Cooperation
Agreement between the County and the City of Miami, dated as of July 1,2009, as amended by the
r.0
42
First Amendment to the Interlocal Cooperation Agreement, dated October 22,2012;
(ix) payments to Basketball Properties, Ltd. or its successors and assigns,
pursuant to the Arena Agreements of the Naming Rights Payments, the Shortfall Naming Rights
Payment, if any, the funding and replenishment or the Reserve, and any Shortfall payments plus
accrued interest, if any, on such payments (as such capitalized terms are defined in the Arena
Agreements); and
(x) amounts retained by the County to fund other subordinate contractual
commitments and ongoing disbursements to eligible activities not to exceed the annual amounts set
forth below for the County's fiscal years ending September 30:
FY 2030
FY 203 1
FY 2032
FY 2033
FY 2034
FY 2035
FY 2036
FY 2037
FY 2038
FY 2039
FY 2040
FY 2041
FY 2042
FY 2043
FY 2044
s35,836,110
$30,164,613
$30,347,578
$30,535,117
$30,727,345
$30,924,379
$31,126,339
s31,333,347
$3 1,545,531
$31,763,019
$31,985,944
$32,214,443
$32,448,654
932,688,720
$32,934,788
L1
43
FY 2045 $33,197,009
FY 2046 $33,445,533
FY 2047 533,770,522
FY 2049 $33,982,135
(xi) marquee event grant payments to South Florida Stadium LLC and its
successors and assigns pursuant to Marquee Event Performance Based Grant Agreement between
the County and South Florida Stadium LLC (and joined by the Miami Dolphins, LTD solely with
respect to the County's right to terminate upon the relocation of the team), dated July 2,2014;
(xii) $5,000,000 retained by the County for contractual commitments and
ongoing disbursements to eligible activities;
(xiii) payments to the Agency as set forth in Section II.A.3. of this Agreement;
and
(xiv) payments to the City pursuant to Section II.A.4. of this Agreement when and
if due and owing.
For purposes of this Agreement, "Arena Agreements" shall mean the various agreements
by and among the County, Basketball Properties, Ltd., Miami Heat Limited Partnership, as the
case may be, or their successors and assigns with respect to the downtown Miami arena where the
Miami Heat play, currently known as the American Airlines Arena. Notwithstanding and
prevailing over anything to the contrary contained in this Agreement, the parties hereby
acknowledge and agree that, to the extent there is a conflict with the provisions of County
Ordinance No. 97-210, as amended as of the Effective Date, the provisions of Ordinance No. 97-
210 shall supersede the provisions of this Agreement.
Notwithstanding and prevailing over any contrary provision or implication of this
Agreement, any and all duties, liabilities and obligations of the County under this Agreement with
12
44
respect to the County's obligation to make paSzments to the City from the Two Thirds Portion of
the CDT Receipts during any fiscal year of the County shall be required to be paid or performed by
the County only to the extent that the Two Thirds Portion of the CDT Receipts are sufficient
during such fiscal year, and no duties, liabilities, or obligations of the County payable solely from
the Two Thirds Portion of the CDT Receipts shall be required to be satisfied from the County's
General Fund or any other funds, revenues or reserves of the County.
B. Tax Collector
All collections of the Two Thirds Portion shall be collected by the County's Tax Collector
pursuant to Article VI of Chapter 29 of the Miami-Dade County Code, as amended, and paid to the
County for disbursement by the County in the manner required by this Agreement.
III. CITY RESPONSIBILITIES AND OBLIGATIONS
A. CONVENTION DEVELOPMENT TAX FUNDS
1. The City shall use reasonable efforts to maximize its revenues and minimize
its expenses in accordance with generally-accepted industry practices and shall operate the
Convention Center in a cost efficient manner so as to minimize the operating cash deficit
consistent with the maintenance of the quality of the Convention Center.
2. The City agrees that the County has the authority to use, at the sole
discretion of the County, any CDT receipts based on the Current CDT Rate, not expressly
allocated to Miami Beach as described in this Agreement, for projects eligible under Section
212.0305(4Xb)2.c. and d., Florida Statutes, as the same may be amended.
B. AUDIT REQUIREMENTS
1. For so long as the City provides for an independent financial audit and
report of all related accounts, books and records, including supporting documentation related to
this Agreement and/or the Convention Center for each fiscal year of the City, which is October 1
13
45
to September 30, the City shall provide a copy of the audit and report to the County on an annual
basis. The County shall have the right, without limitation, but not the obligation, to separately
audit all accounts, books and records, and the supporting documentation related to this Agreement,
including, but not limited to, supporting documentation related to the Convention Center. Such
auditor may be engaged to investigate, inspect and review the operations and activities of the City
in connection with this Agreement. The County shall be responsible for the cost of any separate
audits performed at its request. The City shall use its best efforts in assisting the auditor in its
duties.
2. Nothing in this Agreement shall impair the County's existing rights to
audit or to investigate past and future acts. Any rights that the County has under this section
III.B. shall not be the basis for any liability to the County either from the City or third parties for
such investigation or for the failure to have conducted such investigation.
3. Pursuant to Miami-Dade County Administrative Order 3-20, the County has
the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the
County, the Agency shall make available to the IPSIG retained by the County, all requested
records and documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the pa5rment of these IPSIG services, and under no circumstance
shall the Agency incur any charges relating to these IPSIG services. The terms of this provision
herein, apply to the Agency, its officers, agents, employees, Subcontractors and
assignees. Nothing contained in this provision shall impair any independent right of the County to
conduct an audit or investigate the operations, activities and performance of the Agency in
connection with this Agreement. The terms of this Article shall not impose any liability on the
County by the Agency or any third party.
L4
46
According to Section 2-1076 of the Code of Miami-Dade County, as amended by
Ordinance No. 99-63, Miami-Dade County has established the Office of the Inspector General
which may, on a random basis, perform audits on all County agreements, throughout the duration
of said agreements, except as otherwise provided below.
Nothing contained above shall in any way limit the powers of the Inspector General
to perform audits on all County agreements including, but not limited to, those agreements
specifically exempted above. The Miami-Dade County Inspector General is authorized and
empowered to review past, present and proposed County and Agency contracts, transactions,
accounts, records, agreements and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in conformance with plans,
specifications and applicable law. The Inspector General is empowered to atalyze the necessity of
and reasonableness of proposed change orders to a contract. The Inspector General is empowered
to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate,
monitor, oversee, inspect and review operations, activities, performance and procurement process,
including but not limited to project design, specifications, proposal submittals, activities of the
Agency, its officers, agents and employees, lobbyists, County staff and elected officials to ensure
compliance with contract specifications and to detect fraud and comrption.
Upon written notice to the Agency from the Inspector General or IPSIG retained by
the Inspector General, the Agency shall make all requested records and documents available to the
Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Agency's possession, custody
or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of
15
47
the contract, including, but not limited to original estimate files, change order estimate files,
worksheets, proposals and agreements form and which successful and unsuccessful Subcontractors
and suppliers, all project-related correspondence, memoranda, instructions, frnancial documents,
construction documents, proposal and contract documents, back-charge documents, all documents
and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or
dividends received, payroll and personnel records, and supporting documentation for the aforesaid
documents and records.
IV. COUNTY OBLIGATIONS AND RESPONSIBILITIES
A. CONVENTION DEVELOPMENT TAX
1. The City shall have the right, but not the obligation, to separately audit all
accounts, books and records, and the supporting documentation related to the Convention
Development Tax during the term of this Agreement. Such auditor may be engaged to
investigate, inspect and review the operations, and activities of the County in connection with
this Agreement. The City shall be responsible for the cost of any separate audits performed at its
request. The County shall use its best efforts in assisting the auditor in its duties.
2- The County shall remit to the City the payments required by Articles II.A.
and V.A., respectively, of this Agreement.
3. The County shall provide a copy of its comprehensive annual financial
report for each Fiscal Year to the City for the duration of this Amendment and for one Fiscal Year
thereafter and an annual certified CDT Receipt schedule. Notwithstanding such report, the City
shall have, at its own expense, the right to audit CDT Receipts, subject to Section 213.053,
Florida Statutes, or any other provision of law related to confidentiality and information sharing.
4. Nothing herein contained shall prevent the City from applying to the County
for additional CDT funding for projects within the City. In such case, the County shall evaluate
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48
such request.
V. MUTUAL OBLIGATIONS AND RESPONSIBILITIES
A. ANNUAL PAYMENT
1. On January 1,2016, the County shall remit to the City an annual amount equal to
twenty percent (20%) of the difference between (a) the amount of general Countywide operating
ad valorem taxes levied by the County for fiscal year 2015-16, exclusive of any amount from any
debt service millage, on the assessed value of the taxable real property contained within the
geographic boundaries specifically described in Exhibit A to this Agreement and (b) the amount of
general Countywide operating ad valorem taxes which would have been produced by the rate upon
which the tax is levied by the County such year, exclusive of any debt service millage, upon the
total of the assessed value of the taxable real property in the geographic area specifically described
in Exhibit A for the tax year 1976.
2. On January l, 2017, the County shall remit to the City an annual amount equal to
forty-five percent (45%) of the difference between (a) the amount of general Countywide operating
ad valorem taxes levied by the County for fiscal year 2016-17, exclusive of any amount from any
debt service millage, on the assessed value of the taxable real property contained within the
geographic boundaries specifically described in Exhibit A to this Agreement and (b) the amount of
general Countywide operating ad valorem taxes which would have been produced by the rate upon
which the tax is levied by the County such year, exclusive of any debt service millage, upon the
total of the assessed value of the taxable real property in the geographic area specifically described
in Exhibit A for the tax year 1976.
3. On January 1,2018, the County shall remit to the City an annual amount equal to:
(a) fifty percent (50%) of the difference between (i) the amount of general Countywide operating
ad valorem taxes levied by the County for fiscal year 2017-18, exclusive of any amount from any
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49
debt service millage, on the assessed value of the taxable real property contained within the
geographic boundaries specifically described in Exhibit A to this Agreement and (ii) the amount of
general Countywide operating ad valorem taxes which would have been produced by the rate upon
which the tax is levied by the County such year, exclusive of any debt service millage, upon the
total of the assessed value of the taxable real property in the geographic area specifically described
in Exhibit A for the tax year 1976; plus (b) twenty-five percent (25%) of the difference between (i)
the amount of general Countywide operating ad valorem taxes levied by the County for fiscal year
2014-15, exclusive of any amount from any debt service millage, on the assessed value of the
taxable real property contained within the geographic boundaries specifically described in Exhibit
A to this Agreement and (ii) the amount of general Countywide operating ad valorem taxes which
would have been produced by the rate upon which the tax is levied by the County such year,
exclusive of any debt service millage, upon the total of the assessed value of the taxable real
property in the geographic area specifically described in Exhibit A for the tax year 1976; plus (c)
twenty percent (20%) of the difference between (i) the amount of general Countywide operating ad
valorem taxes levied by the County for fiscal year 2014-15, exclusive of any amount from any debt
service millage, on the assessed value of the taxable real property contained within the geographic
boundaries specifically described in Exhibit A to this Agreement and (ii) the amount of general
Countywide operating ad valorem taxes which would have been produced by the rate upon which
the tax is levied by the County such year, exclusive of any debt service millage, upon the total of
the assessed value of the taxable real property in the geographic area specifically described in
Exhibit A for the tax year 1976.
4. On January 1,2019, the County shall remit to the City an annual amount equal to:
(a) fifty percent (50%) of the difference between (i) the amount of general Countywide operating
ad valorem taxes levied by the County for fiscal year 2018-19, exclusive of any amount from any
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50
debt service millage, on the assessed value of the taxable real property contained within the
geographic boundaries specifically described in Exhibit A to this Agreement and (ii) the amount of
general Countylvide operating ad valorem taxes which would have been produced by the rate upon
which the tax is levied by the County such year, exclusive of any debt service millage, upon the
total of the assessed value of the taxable real property in the geographic area specifically described
in Exhibit A for the tax year 1976; plus (b) twenty-five percent (25%) of the difference between (i)
the amount of general Countywide operating ad valorem taxes levied by the County for fiscal year
2015-16, exclusive of any amount from any debt service millage, on the assessed value of the
taxable real property contained within the geographic boundaries specifically described in Exhibit
A to this Agreement and (ii) the amount of general Countywide operating ad valorem taxes which
would have been produced by the rate upon which the tax is levied by the County such year,
exclusive of any debt service millage, upon the total of the assessed value of the taxable real
property in the geographic area specifically described in Exhibit A for the tax year 1976.
5. On January l, 2020, the County shall remit to the City an annual amount equal to
fifty percent (50%) of the difference between (i) the amount of general Countywide operating ad
valorem taxes levied by the County for fiscal year 2019-20, exclusive of any amount from any debt
service millage, on the assessed value of the taxable real property contained within the geographic
boundaries specifically described in Exhibit A to this Agreement and (ii) the amount of general
Countywide operating ad valorem taxes which would have been produced by the rate upon which
the tax is levied by the County such year, exclusive of any debt service millage, upon the total of
the assessed value of the taxable real property in the geographic area specifically described in
Exhibit A for the tax year 1976.
6. On January 1,2021, the County shall remit to the City an annual amount equal to:
(a) fifty percent (50%) of the difference between (i) the amount of general Countywide operating
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51
ad valorem taxes levied by the County for fiscal year 2014-15, exclusive of any amount from any
debt service millage, on the assessed value of the taxable real property contained within the
geographic boundaries specifically described in Exhibit A to this Agreement and (ii) the amount of
general Countywide operating ad valorem taxes which would have been produced by the rate upon
which the tax is levied by the County such year, exclusive of any debt service millage, upon the
total of the assessed value of the taxable real property in the geographic area specifically described
in Exhibit A for the tax year 1976; plus (b) fifty percent (50%) of the difference between (i) the
amount of general Countywide operating ad valorem taxes levied by the County for fiscal year
2016-17, exclusive of any amount from any debt service millage, on the assessed value of the
taxable real property contained within the geographic boundaries specifically described in Exhibit
A to this Agreement and (ii) the amount of general Countywide operating ad valorem taxes which
would have been produced by the rate upon which the tax is levied by the County such year,
exclusive of any debt service millage, upon the total of the assessed value of the taxable real
property in the geographic area specifically described in Exhibit A for the tax year 1976.
7. On January l, 2022, the County shall remit to the City an annual amount equal to
fifty percent (50%) of the difference between (i) the amount of general Countywide operating ad
valorem taxes levied by the County for fiscal year 2015-16, exclusive of any amount from any debt
service millage, on the assessed value of the taxable real property contained within the geographic
boundaries specifically described in Exhibit A to this Agreement and (ii) the amount of general
Countywide operating ad valorem taxes which would have been produced by the rate upon which
the tax is levied by the County such year, exclusive of any debt service millage, upon the total of
the assessed value of the taxable real property in the geographic area specifically described in
Exhibit A for the tax year 1976.
8. It is understood and agreed that the amounts payable by the County under
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52
subsection V.A.1. through and includrng 7 ., above, shall be paid solely from non-ad valorem
revenues of the County, and the obligation of the County to make such payments shall not create
any debt, liability, obligation, or pledge of the taxing power, on the part of the County that would
require said payrnents to be subject to referendum.
9. The provisions of this Section V.A. shall survive the early termination of this
Agreement, regardless of the reason for such termination.
B.CITY CENTER
l. The County and City agree that all tax increment revenue in the City Center
RDA, for the life of the City Center RDA, shall be used as set forth in the CRA Interlocal.
2. The City and County have amended the City Center/Historic Convention
Village Redevelopment and Revitalization Area Plan to include the Convention Center Project (as
defined in the CRA Interlocal), in accordance with Section 163.361, Florida Statutes, and any
other applicable provisions of Florida law.
3. The County has approved and the City shall issue the 2015 Bonds (as
defined in the CRA Interlocal) for the City Center RDA in an aggregate principal amount not to
exceed $430,000,000, all as set forth in the CRA Interlocal and Resolution No. R.-
adopted by the Board on _,2014.
C. PRIOR INTERLOCAL AGREEMENTS
This Agreement (i) supersedes the Interlocal Agreement dated as of November 1,
1983, as supplemented and amended, between the County and the City, the Interlocal Agreement
dated as of October 12, 1987, between the County and the City, and any other agreements and
resolutions between the County and the City regarding the Two Thirds Portion; and (ii) amends
2L
53
and restates in its entirety the 1996 Interlocal Cooperation Agreement, as amended. All provisions
of the 1996 Interlocal, Amendment One, Addendum to Amendment One and Amendment Two not
incorporated in this Agreement, have no force or effect and are not binding in any way on the
County or the City.
VI. TERMINATION PROVISIONS
The City and the County shall be relieved of any further obligations under this Agreement
on the Termination Date. "Termination Date" shall mean September 30,2048.
VII. ENTIRE AGREEMENT
This Agreement constitutes the sole and only agreement of the Parties with respect to the
Two Thirds Portion of the CDT Receipts and correctly sets forth the rights, duties, and obligations
of each to the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force and effect.
VIII. AMENDMENTS
No amendments to this Agreement shall be binding on either party unless in writing and
signed by both parties.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Amended and Restated Interlocal
Cooperation Agreement as of the date first written above.
CITY OF MIAMI BEACH MIAMI-DADE COUNTY
By:By:
Philip Levine
Mayor
ATTEST
By:
City Clerk
Approved for form and legal sufficiency
Carlos A. Gimenez
Mayor
ATTEST
By:
Deputy Clerk
Approved for form and legal sufficiency
By:
Assistant County Attomey
--) r /r I
By: O(,& Ll;t '----
City Attorney {\A P
23
55
THIS PAGE INTENTIONALLY LEFT BLANK
56
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE FIFTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE
FUND, INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL
YEAR (FYI2013114.
lntended Outcome
Ensure expenditure trends are sustainable over the long term
ln the 2014 Community Survey, both residents and businesses reported the following area for the City
related to value for taxes paid:
Percentage of residents rating the Overall Value of City services for tax dollars paid as excellent or good
(Residents: 58%; Businesses 54%)
Item Su mmary/Recommendation :
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds budgets for FY 2013114 was approved on January 15,2014, by resolution 2014-28469.
The Second Amendment was approved on April 23, 2014, by resolution 2014-28564. The Third
Amendment was approved on June 1 1, 2014, by resolution 2014-28626. The Fourth Amendment was
approved on July 23,2014, by resolution 2014-28672. Section 166.241(4)(c.), Florida Statutes, requires
that a municipality's budget amendment must be adopted in the same manner as the original budget.
Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to amend a budget for
that year. Proposed budget amendments represent the budget amendment required by state law for
funds, departments, or accounts that exceed their appropriated authority.
Based on a detailed analysis comparing FY 2013114 actual expenditures to budget which will be distributed
separately via Letter to Commission (LTC), the following require a budget amendment per Florida Statute.
General Fund: Communications, Tourism & Cultural Development, Police, and Citywide Account
Enterprise Funds: Convention Center
lnternal Service Funds: Risk Management
Soeciat nevenue funOs: sth & Alton'Garage, Red Light Camera, and Police Training
It should be noted that actual expenditures to date are preliminary in nature due to the fact that the City's
financial records will not be closed until after the external auditors complete their review. Historically, this
occurs in April, with the City's Comprehensive Annual Financial Report (CAFR) For the Year Ended
September 30, 2014, usually available in May and the External Auditor's Report available in July.
However, this analysis has considered all year-end entries to date and adjusted for pending entries where
appropriate.
Financial lnformation:
Source of
Funds:
Amount Account
FY 2013t14 $4,000,000 General Fund
$3.350.000 Convention Center Fund
$3,750,000 Risk Manaqement Fund
$4,000 5'" & Alton Garage Fund
$31,000 Red Light Camera Fund
$1,000 Police Training Fund
Financial lmoact Summarv:
Glerk's Office
John Woodruff, OBPI Director
(B AAIAMISTACH R1 r
57
C AAIAAAISTACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members {f the
Jimmy L. Morales, City Manager
November 19,2014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ADOPTING THE FIFTH AMENDMENT TO THE
GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND, AND
SPECTAL REVENUE FUND BUDGETS FOR FTSCAL YEAR (Fy2013t14.
ADMI NISTRATION RECOMMENDATION
Adopt the resolution amending the FY 2013/14 General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds budgets.
COMPLIANCE WITH FLORIDA STATUTES
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and
Special Revenue Funds budgets for FY 2013114 was approved on January 15, 2014, by
resolution 2014-28469. The Second Amendment was approved on April 23, 2014, by resolution
2014-28564. The Third Amendment was approved on June 11, 2014, by resolution 2014-
28626. The Fourth Amendment was approved on July 23, 2014, by resolution 2014-28672.
Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must
be adopted in the same manner as the original budget.
Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to amend a
budget for that year. Proposed budget amendments represent the budget amendment required
by state law for funds, departments, or accounts that exceed their appropriated authority.
Based on a detailed analysis comparing FY 2013114 actual expenditures to budget which will be
distributed separately via Letter to Commission (LTC), the following require a budget
amendment per Florida Statute.
General Fund: Communications, Tourism & Cultural Develop., Police, and Cityrvide Account
Enterprise Funds: Convention Center
lnternal Service Funds: Risk Management
Special Revenue Funds: sft & Alton Garage, Red Light Camera, and Police Training
It should be noted that actual expenditures to date are preliminary in nature due to the fact that
the City's financial records will not be closed until after the external auditors complete their
FROM:
DATE:
SUBJECT:
58
Fifth Amendment to the FY 2013114 General Fund, Enterprise, lnternal Service and Special Revenue Funds Budgets
Page2
review. Historically, this occurs in April, with the City's Comprehensive Annual Financial Report
(CAFR) For the Year Ended September 30, 2013, usually available in May and the External
Auditor's Report available in July. However, this analysis has considered all year-end entries to
date and adjusted for pending entries where appropriate.
PROPOSED AMENDMENTS TO THE GENERAL FUND
Preliminary year-end actual expenditures are $4.5 million or 1.7o/o below the amended budget.
This variance is made up from savings in several department budgets. A comparison of actual
expenditures to the amended budget by Department is provided in Schedule A. The following
departments require budget amendments.
Communications - The department is preliminarily estimated to be above the amended
budget by approximately $12,000. The variance is due primarily to the addition of a Media
Ambassador position for the last three months of the fiscal year.
Communications
Amended
Budget
Preliminary
Actual Difference o/o Overl (Underl
Expenditures 909,000 921,000 12,000 1.3o/(
Tourism & Cultural Development - The department is preliminarily estimated to be above
the amended budget by approximately $99,000. The variance is due primarily to due to the
impact of higher than anticipated property management costs at the Bass Museum.
Tourism & Cultural
Development
Amended
Budget
Preliminary
Actual Difference o/o Overl (Under)
Expenditures 2.905.000 3,004,000 99,000 3.4o/o
Police - The Police Department is preliminarily estimated above the amended budget by
$1.9 million primarily due to higher than anticipated Risk Management fees associated with
worker's compensation and bodily injury claim payments and associated legal fees.
Additionally, Police experienced increases of $170,000 associated with retiree third party
medical expenses due to higher than anticipated expenses and an increasing number of
qualifying retirees. These increases as well as unanticipated overtime costs related to the
Alton Road project were offset by salary savings due to vacancies and savings in various
operating expend itures.
Police Amended Budoel
Preliminary
Actual Difference o/o Overl (Underl
Expenditures 98,477,000 100,440,000 1,963,000 2.lYt
59
Fifth Amendment to the FY 2013114 General Fund, Enterprise, lntemal Service and Special Revenue Funds Budgets
Page 3
Citylide-Reserve for Future Building Department Needs - This account is preliminarily
estimated to be above the amended budget by approximately $1.9 million. The fifth budget
amendment to the operating budget will address this overage by recognizing additional
fund balance as revenue and appropriating additional budget expenditure to cover this
expense for the Munis/Energov project consistent with Commission approval provided on
July 30, 2014.
Citywide-Bldg
Reserve
Amended
Budget
Preliminary
Actual Difference o/o Overl (Under)
Expenditures 2,101,000 4,000,000 1,899,000 90.4o/o
PROPOSED AMENDMENT TO THE ENTERPRISE FUNDS
The City accounts for proprietary operations in Enterprise Funds. Convention Center, Parking,
Sanitation, Sewer, Stormwater, and Water are included in this grouping. The expenditures for
these funds are budgeted to be fully offset by charges for services and other revenues.
Based on the year-end analysis, all enterprise funds are under the amended budget, except the
Convention Center, as shown in the table below. The Convention Center is projected to break
even and be over the amended budget by approximately $3.3 million. The increase in
expenditures is a result of additional events, which result in additional offsetting revenue.
PROPOSED AMENDMENT TO THE INTERNAL SERVICE FUNDS
The City accounts for those goods and services provided by one Department to other
Departments citywide on a cost reimbursement basis. Central Services, Fleet Management,
Information Technology, Property Management, and Risk Management (Self lnsurance) are
included in this grouping.
The year-end analysis reveals that all lnternal Service funds, except Risk Management, have
expenditures less than Amended Budget as shown in the table below. The variance in Risk
Management is associated with $3.1 million of unanticipated costs in Police and Fire related to
worker's compensation, bodily injury claim payments, and associated legal fees. Additionally,
YEAR-END REVENUES
Other 1 7.777.2L4
Totol Yeor-End Revenues ; L6,O68,1L2
EXPENDTTURES | 76,068,113
Surplus/(Shortfall) (0)
Varia nce f rom Expenditure
Amended Budget 3,322,113
60
Fifth Amendment to the FY 2013114 General Fund, Enterprise, lntemal Service and Special Revenue Funds Budgets
Page 4
Police experienced increases of $170,000 associated with retiree third party medical expenses
due to higher than anticipated expenses and an increasing number of qualifying retirees. Fire
experienced a $200,000 increase in Risk Management legal fees related to the Eisenberg
Development Corp. case. Fire also experienced increases of $91,000 associated with retiree
third party medical expenses due to higher than anticipated expenses and an increasing
number of qualifying retirees. These costs were charoed out to Police and Fire and are
reflected as additional expenses in the General Fund to reimburse the Risk Manaoement fund.
PROPOSED AMENDMENT TO THE SPECIAL REVENUE FUNDS
The City of Miami Beach currently offers certain programs and activities not supported through
the general operating budget, but by outside agency grants and self-supporting user fee
programs. These Special Revenue Fund Budgets include:
o ResortTax Fund;o 7th Street Garage Operations;. Sth & Alton Garage Operations;o Art in Public Places;. Tourism and Hospitality Scholarship Program;o Green/SustainabilityFund;. Waste Hauler Additional Services and Public Benefit Contribution Fund;. Education Compact Fund;. Red Light Camera Fund;o Emergency 911 Fund;o lnformation and Communications Technology Fund;. People's Transportation Plan Fund;. Concurrency Mitigation Fund;o Miami Beach CulturalArts Council;. Police Special Revenue Account;o Police Confiscation Trust Funds (Federal and State); and. Police Training and School Resources Fund
61
Fifth Amendment to the FY 2013114 General Fund, Enterprise, lnternal Service and Special Revenue Funds Budgets
Page 5
All special revenue funds are projected to be at or under the amended budget, except for the 5th
& Alton Garage, Red Light Camera, and Police Training funds. The Red Light Camera and
Police Training funds have additional revenue to offset expenditures higher than amended
budget. The shortfall in the sth & Alton Garage will be offset by fund balance.
CONCLUSION
The resolution amending FY 2013114 budgets will allow amendments to the General Fund,
Enterprise Funds, lnternal Service Funds and Special Revenue Fund budgets to be enacted.
This action is necessary to comply with Florida Statute 166.241, which stipulates that the City
has 60 days following the end of the fiscal year to amend a budget for that year.
JLM/JW
@
62
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING THE FIFTH AMENDMENT TO
THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE
FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR
(FYl2013t14.
WHEREAS, the Administration has performed a projection of year-end revenues and expenditures
and it is anticipated that the General Fund will have an overall budget surplus; and
WHEREAS, although the General Fund is not projected to be over budget as a total; and
WHEREAS, the City of Miami Beach adopts the General Fund budget at the departmental level;
and
WHEREAS, Florida Statutes require that actual expenditures not exceed budget at the level at
which the budget is adopted; and
WHEREAS, a budget amendment is required for departments that are projected to overspend their
appropriation; and
WHEREAS, based on the preliminary year-end analysis, several General Fund department budgets
will need to be amended; and
WHEREAS, the Convention Center budget is also anticipated to be over budget; primarily due to an
increase in the number of events, which is offset by revenues being projected over budget; and
WHEREAS, the Risk Management budget is also anticipated to be over budget; primarily due to an
increase in the number of events, due to a new actuarial study that adjusted the Public Official IBNR &
Case Reserve requirements by $4.5 million. Additionalincreases include approximately $960,000 related
to higher than anticipated Workers' Comp Claims for Police and Fire and associated legal fees; and
approximately $500,000 due to higher than anticipated bodily injury and property damage claims; and
WHEREAS, based on the preliminary year-end analysis, the Sth & Alton Garage, Red Light Camera,
and Police Training Special Revenue Fund budgets will need to be amended; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY GOMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, that the fifth amendment to the FY 2013114 General Fund,
Enterprise Fund, lnternal Service Fund, and Special Revenue fund budgets is adopted as shown on the
following pages.
PASSED AND ADOPTED this 19th day of November,2014.
MAYOR PHILIP LEVINE
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
RAPHAEL E. GRANADO, CITY CLERK
63
FY 2OI3IL4 GENERAT FUND
FY 20L3/r4
Adonterl Ril.k
Amended
tY 2073/t4
Budset
Proposed
Budget
Amendment
17-L9-14
Amended FY
2013/14 Budget
as of 1L-19-14
Ad Valorem Taxes
Ad Valorem Taxes-S Pte Costs
Ad Valorem Cap Renewal & Replac
Ad Valorem Taxes-Normandy Shores
Other Taxes
Licenses and Permits
lntergovernmental
Charges for Services
Golf Courses
Fines and Forfeitures
lnterest
Rents and Leases
Miscellaneous
Other-Resort Tax Contribution
Other-Non-Operating Revenues
Reserve-Building Department Ops
Additional Building Reserve Surplus for Munis/Energov
Prior Year-End Surplus Carryover
Prior Year-Set Aside for Pension Credit
Prior Year Surplus from Parkint Fund
Additional SurDlus Balance from FY 20721L3
105,229,000
10,201,000
1,981,000
t47,000
22,765,000
23,383,000
10,2L4,000
4,52L,000
5,794,000
2,639,000
2,92L,000
6,94s,000
L2,441,000
32,965,000
8,516,000
1,500,000
2,700,000
831,000
8,400,000
10s,229,000
10,201,000
1,981,000
t47,000
22,765,000
23,993,000
70,2L4,000
4,52r.,000
5,794,000
2,639,000
2,92r,000
6,945,000
12,447,000
32,965,000
8,516,000
r.,s00,000
2,700,000
831,000
8,400,000
4.710 000
4,000,000
105,229,000
10,201,000
L,98L,000
L47,000
22,765,000
23,993,000
10,2L4,000
4,521,000
5,794,000
2,639,000
2,92L,000
6,945,000
r2,44L,000
32,96s,000
8,5L6,000
1,500,000
4,000,000
2,700,000
831,000
8,400,000
4.7r.0.000
TOTAT REVENUES
Unrealized Gains/(Losses)
264,(x)3,000 269,413,000 4,000,000 273,4t3,000
|OTAL NET OF UNREALIZED GAINS/ILOSSES)264,093,000 259,413,000 4,000,000 273,413,000
Mayor and Commission
City Manager
Communications
Offce of Budget & Performance lmprov
Organizational Development & Perf lnitiatives
Finance
Procurement
Human Resources/Labor Relations
City Clerk
CiW Aftorney
Real Estate, Housing & Comm Development
Community Seruices
Building
Planning
Tourism & Cultural Development
Code Compliance
Parks and Recreation
Golf Courses
Public Works
Capital lmprovement Proiects
Police
Fire
Citywide Accounts & Operating Contingency
Citywide-Normandy Shores
Citywide-Transfers-Capital lnvestment Upkeep Fund
Citywide-Transfers-lnfo & Comm Technology Fund
Citywide-Transfers-Pay-As-You Go Capital Fund
Reserve-Set Aside
Capital Renewal & Replacement
Reserve-Future Building Dept Needs
Reserve-Future BudEet Shortfalls
t,719,000
2,911,000
836,000
L,922,000
392,000
4,644,000
7,737,000
1,822,000
L,344,000
4,684,000
r.,843,000
492,000
11,945,000
3,467,000
2,905,000
4,876,000
23,876,000
6,183,000
5,735,000
4,967,000
98,43s,000
51,581,000
9,842,000
225,000
216,000
395,000
1,400,000
1,318,000
r.,981,000
1,738,000
3,211,000
909,000
2,200,000
395,000
4,681,000
1,268,000
1,940,000
1,344,000
4,842,000
1,848,000
492,000
12,655,000
3,492,000
2,905,000
4,876,000
23,940,000
6,183,000
6,947,O00
4,967,O00
98,477,000
61,758,000
10,301,000
22s,000
216,000
39s,000
1,400,000
39,000
1,981,000
2,101,000
1,687,000
30,000
(300.000
(378,0001
L50,000
(20s,0001
(200,0001
153,000
(200,0001
(400,0001
2,000,000
(650,0001
1,738,000
3,211,000
939,000
1,900,000
39s,000
4,681,000
1,258,000
1,940,000
1,344,000
4,842,000
1,848,000
492,000
12,277,000
3,492,000
3,055,000
4,67]-,000
23,740,000
6,336,000
6,747,000
4,567,000
100,477,000
61,108,000
10,301,000
225,000
216,000
395,000
1,400,000
39,000
1,98r.,000
2,r.01,000
1.587.000
TOTAL EXPENDITURES 264,093.000 259.413.000 269,413,000
EXCESS OF REVENUES OVER/(UNDERI EXPENDITURES 4,000,000 4,000,000
64
FY 20r3i14 FY 20L3lL4
Adopted Budget Amended Budget
Proposed FY 20L3lL4
Amendment Amended Budget as
1L-19-L4 of 11-19-14
ENTERPRISE FUNDS
REVENUE/APPROPRTATTONS
Convention Center
Parking
Sa nitation
Sewer Operations
Stormwater Operations
Water Operations
Total Enterprise Funds
INTERNAL SERVICE FUNDS
REVENUE/APPROPRIATIONS
Central Services
Fleet Management
lnformation Technology
Property Management
Risk Management
Medical and Dental lnsurance
Total lnternal Service Funds
SPECIAT REVENUE FUNDS
REVENUE/APPROPRIATIONS
Resort Tax
7th Street Garage
5th & Alton Garage-City's Share of Shortfall
Art ln Public Places
Tourism and Hospitality Scholarship Pgmms
lnformation and Communitation Tech Func
Education Compact
Green/Sustainability Funds
Red Light Camera Fund
E-911 Fund
Cultural Arts Council
People's Transportation Plan Fund
Police Confiscation Trust-Federa I
Police Confiscation Trust-State
Police Training Fund
Waste Haulers Add Serv & Public Benefit
Total Special Revenue Funds
5 72,726,000 5 72,746,000 5 3,3s0,000 S48,427,000 48,696,000
17,915,000 17,950,000
38,132,000 38,269,000
72,097,OOO L2,677,OOO
16,096,000
48,696,000
17,950,000
38,269,000
t2,67t,OOO
Proposed FY 2Ot311,4
Amendment Amended Budget as
11-19-14 of U-19-14
3L,522,O00 3L,787,OOO 3t,787,OO0
s 150,819,000 s 162,119,000 s 3,3s0,000 S 16s,469,000
FY 20t3lt4 FY 20Ltlt0
Adopted Budget Amended Budget
S 948,ooo
10,369,000
15,527,000
9,325,000
13,93s,000
25,377,OOO
948,000
10,418,000
15,776,OOO
9,527,000
L4,270,OOO
25.s37.000
3,750,000
948,000
10,418,000
75,776,OOO
9,527,OOO
18,020,000
2s,s37,000
75,481,000 76,476,OOO 80,226,000
FY 20t3lt4
Adopted Budget
FY 20t3lt4
Amended Budget
Proposed
Amendment
11-19-14
FY 20LtlL4
Amended Budget as
of 11-19-14
59,s07,000
2,767,OOO
602,000
729,OOO
742,OO0
111,000
225,OOO
420,OOO
489,000
1,470,OOO
1,501,000
489,000
23s,000
35,000
77,000
s9,558,000
2,76L,OOO
502,000
768,000
142,000
50,000
111,000
225,000
420,O00
489,000
1,611,000
1,608,000
608,600
1,006,400
35,000
77,OO0
S s9,ss8,ooo
2,161,O00
4,000 606,000
31,000
768,000
L42,000
50,000
111,000
225,OOO
451,000
489,000
1,611,000
1,608,000
608,600
1,006,400
36,000
77,OOO
1,000
5 68,193,000 S 59,472,000 $ 36,000 $ 69,s08,000
65
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