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2007-26451 Reso RESOLUTION NO. 2007-26451 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE INTERLOCAL AGREEMENTS WITH MIAMI-DADE COUNTY FOR FUNDING, FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FOR THE BEACHFRONT RESTROOMS PROJECT, IN THE AMOUNT OF $250,000; FURTHER AUTHORIZING THE EXECUTION OF ALL OTHER NECESSARY DOCUMENTS RELATED TO THIS AGREEMENT. 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, including City of Miami Beach projects; and WHEREAS, the City will be constructing and/or renovating various facilities throughout the City, financed partially with BBC GOB funds, and some of these projects are already in advanced stages of renovation; and WHEREAS, two documents guide the BBC GOB program: the Administrative Rules, which govern the implementation by Miami-Dade County of the BBC GOB Program; and the individual 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, the Administrative Rules and Interlocal Agreement format were developed after the City's agreement with the County as to which projects to include, and after approval by the voters; and WHEREAS, the City's Administration and Legal Department have worked with Miami-Dade County on certain language contained in both the Administrative Rules and the Interlocal Agreement; and WHEREAS, much of the language contained in these documents has been resolved; however, three (3) issues in the Administrative Rules and/or Interlocal Agreement format remain outstanding, and they include: 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. Currently the City uses General Fund revenues to subsidize facility entrance fees and programs, including parks programs, to Miami Beach residents; 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; 3. Substitution of Other Capital Project Funding The County requires that BBC GOB funds not be used in substitution of other capital funding. The County has clarified that this applies only to work started before July 20, 2004, since any work started after July 20, 2004 will not be considered "substitution of funds". The County has further opined that any work started before July 20, 2004 will need to be reviewed by the County Attorney's Office in order for a determination to be made on whether the work can be reimbursed with BBC GOB funds; and WHEREAS, the following BBC GOB agreements have already been executed: Old City Hall Renovations; Fire Station #2; Fire Station #4; South Shore Community Center; Normandy Shores Golf Course; Scott Rakow Youth Center; 41 sl Street Bridge Repair; and WHEREAS, the Administration now requests approval to execute the BCC GOB agreement for the Beachfront Restrooms Project, in the amount of 250,000; and WHEREAS, notwithstanding the aforestated three (3) unresolved issues, the City Administration recommends moving forward with approval and execution of the agreements for these projects in order to start requesting reimbursement of these funds; and WHEREAS, these projects support the key intended outcome: ensure well designed quality capital projects; and WHEREAS, matching funds are not required from the City to support the BBC GOB funding. 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 or his designee to execute Interlocal Agreements with Miami-Dade County for funding from the Building Better Communities General Obligation Bond Program for the Beachfront Restrooms Project, in t e amount of $250,000; further authorize the execution of all other necessary 0 u nts related to this Agreement. PASSED and ADOPTED this 14th David Dermer ATTEST: 1D~~ r ~du--- CITY CLERK Robert Parcher JMG/KB/JH T:\AGENDA\2007\feb1407\consent\GOB Agmt RESO.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION J ~ ~Data COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The City Manager Or His Designee To Execute An Agreement With Miami-Dade County, For Funding, In The Amount Of $250,000 From The Building Better Communities General Obligation Bond Program, For The Beachfront Restrooms Project, in the amount of $250,000; As A roved B The Voters In The November 2,2004 Count ide Referendum. Ke Intended Outcomes Su orted: Ensure Well Designed Quality Capital Projects. Issue: Shall The City Execute An Agreement With Miami-Dade County, For Funding From The Building Better Communities General Obli ation Bond Pro ram, For The Beachfront Restrooms Pro'ect. Item Summary/Recommendation: 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. As Part of The BBC GOB Program, The Miami-Dade County Board of Commissioners Reviewed And Approved Allocations To Municipalities Throughout The County, Including The City Of Miami Beach. Two Documents Guide The SBCC GOB Program: The Administrative Rules And The Interlocal Agreements. Both Documents 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 The County On Certain Language Contained In Both Documents, And, Much Of The Language Has Been Amended. However, Three (3) Issues In The Administrative Rule And/Or Interlocal Agreements Remain Outstanding, They Include The County's Requirement That: 1) The City Not Discriminate When Charging Facility Admission Fees Based On Where A Resident Resides In The County; 2) In The Event That Any Naming Rights Or Advertisement Space Is Offered On A Facility Constructed Or Improved With BCC GOB Program Funds, Then Miami-Dade County's Name, Logo And Slogan Shall Appear On The Facility; And, 3) BCC GOB Funds Not Be Used In Substitution Of Other Capital Funding. The Administration Requests Approval To Execute An Interlocal Agreement With Miami Dade County For The Beachfront Restrooms Projects, In The Amount Of $250,000; And Approval To Execute All Necessary Documents Related To This Aqreement. Advisory Board Recommendation: I N/A Financial Information : Source of # Project BBe GOB Match Amount/Source Funds: Amount D 1 Beachfront Restrooms $ 250,000 No Matching Funds Required Total $ 250,000 N/A - No Match Required Financial Impact Summary: Cit Clerk's Office Le islative Trackin : Jud Hoanshelt, Grants Mana er, Office of Budget And Performance Improvement Si n-Offs: Department Director Assistant City Manager City Manager m ...,. MIAMI BEACH AGENDA ITEM DATE G7C ;;.. --I t/ -(l ) ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ ~ February 14, 2007 0./ 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH MIAMI-DADE COUNTY, FOR FUNDING FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FOR THE BEACHFRONT RESTROOMS PROJECT, IN THE AMOUNT OF $250,000; AS APPROVED BY THE VOTERS IN THE NOVEMBER 2, 2004 COUNTYWIDE REFERENDUM; FURTHER AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THIS AGREEMENT. TO: DATE: SUBJECT 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. The City of Miami Beach will be constructing and/or renovating the following facilities financed partially with BBC GOB funds: Lummus Park, South Pointe Park, Beach Maintenance Facility, Beachfront Restrooms, Flamingo Park, Normandy Shores Golf Course, Band Shell Park, Scott Rakow Youth Center, 41 sl 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. 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 in advanced stages of renovation, and those agreements have already been executed. The Administration desires to move forward and execute the agreements for the next set of upcoming projects. Commission Memorandum Page 2 As such, the Administration now requests approval to execute the agreement for the Beachfront Restrooms Project, in the amount of $250,000. The following BBC GOB agreements have already been executed: Old City Hall Renovations; F ire Station #2; Fire Station #4; South Shore Community Center; Normandy Shores Golf Course; Scott Rakow Youth Center; 41 5t Street Bridge Repair. 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 language contained in these documents has been resolved, however, three (3) issues in the Administrative Rule and/or I nterloca I Agreements remain outstanding, they include: 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. Currently the City uses General Fund revenues to subsidize facility entrance fees and programs, including parks programs, to Miami Beach residents. 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. 3. Substitution of other capital project funding. The County requires that BBC GOB funds not be used in substitution of other capital funding. The County has clarified that this applies only to work started before July 20,2004, since any work started after July 20, 2004 will not be considered "substitution of funds". The County has further opined that any work started before July 20,2004 will need to be reviewed by the County Attorney's Office in order for a determination to be made on whether the work can be reimbursed with BBC GOB funds. Matching funds are not required from the City to support the BBC GOB funding. This project supports the Key Intended Outcome: Ensure Well Designed Quality Capital Projects. Commission Memorandum Page 3 CONCLUSION The Administration requests approval to authorize the City Manager or his designee to execute an agreement with Miami-Dade County, for funding from the Building Better Communities General Obligation Bond Program for the Beachfront Restrooms Project, in the amount of $250,000; 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/JH/sc T:\AGENDA\2007\feb1407\consent\Grants GOB Agmt .doc