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Home My WebLink AboutR-09-0370Vop City of Miami Legislation < U R �O Resolution: R-09-0370 File Number: 09-00770 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/23/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MUSEUM OF SCIENCE, INC. D/B/A MIAMI MUSEUM OF SCIENCE AND PLANETARIUM ("MMOS"), TO SUPPORT THE DEVELOPMENT OF A NEW SCIENCE MUSEUM AND PLANETARIUM FACILITY IN THE CITY OF MIAMI -OWNED BICENTENNIAL PARK, IN AN AMOUNT UP TO $713,625, TO SERVE AS A MATCH FOR A GRANT FROM THE UNITED STATES DEPARTMENT OF ENERGY, NATIONAL ENERGY TECHNOLOGY LABORATORY, FOR THE RENEWABLE ENERGY PROJECT, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS FROM B -78502A, CAPITAL IMPROVEMENT PROJECT NO. 333143, ENTITLED "MUSEUM OF SCIENCE -DEVELOPMENT IN BICENTENNIAL PARK;" AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING PROJECT CO-OPERATION AGREEMENT, AS AMENDED, WITH MMOS (THE "ORIGINAL GRANT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO INCREASE THE FUNDING UNDER THE GRANTAGREEMENT FROM AN AMOUNT OF $1,438,000 TO AN AMOUNT UP TO $2,151,625, FOR SAID PURPOSE, AND IN COMPLIANCE WITH REQUIREMENTS OF THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. WHEREAS, on November 13, 2001, the voters of the City of Miami ("City") approved by referendum the City's issuance of $255 million in limited ad valorem tax general obligation bonds for homeland security, neighborhood improvements, capital projects and infrastructure improvements, the "Homeland Defense/Neighborhood Improvement Bonds" ("Bonds"); and WHEREAS, Ordinance No. 12137, adopted October 11, 2001, authorized the November, 2001 bond referendum and initially allocated future Bond funds to specified projects that were subsequently clarified by Resolution No. 02-1294, adopted December 12, 2002; and WHEREAS, the public information campaign conducted for the voter referendum and the enabling legislation identified the "Miami Museum of Science" and the allocation of Bond proceeds "to assist the museum with its development efforts for a Bicentennial Park ("Park") location," which is a recreational facility owned by the City and located at 1075 Biscayne Boulevard, Miami, Florida; and WHEREAS, the City has completed and approved a community-based preliminary plan entitled "Bicentennial Park -Museum Park" which recommends reserving areas in the Park for the development of a science museum and an art museum; and WHEREAS, Miami -Dade County voters also approved, in November, 2004, the issuance of general obligation bonds and has included in its bond program the sum of $150,000,000, to support the development of a new science museum facility in Bicentennial Park ("Project"); and City of Miand Page I of 4 File Id. 09-00770 (Version: 2) Printed On: 6/27/2017 File Number: 09-00770 Enactment Number: R-09-0370 WHEREAS, the Project will be a public science museum, a significant community asset offering interactive and other science exhibits, a planetarium, outdoor exhibits, camps, classes, workshops, educational resources, professional development and youth programs and will enhance the understanding of science and technology, Miami's revitalization program bringing local and international visitors, creating jobs, improving workforce preparation, increasing investments as well as improving the quality of life for residents; and WHEREAS, the science museum was founded in 1949 by the Junior League of Miami, a private non-profit organization, and is operated today by the Museum of Science, Inc. d/b/a Miami Museum of Science & Planetarium ("MMOS") on property owned by Miami -Dade County; and WHEREAS, MMOS is a 501(c)(3) tax exempt organization devoted to inspiring people of all ages and cultures to enjoy science and technology, to better understand ourselves and our world; and WHEREAS, MMOS has been a significant contributor and an integral partner in the processes undertaken thus far for the Project; and WHEREAS, it is the intention of the City to continue to foster the existing coalition for the Project with MMOS and Miami -Dade County and to secure a legal arrangement with the parties for the design and implementation of the Project at said City -owned park; and WHEREAS, in May of 2005, the City's Bond Oversight Board reviewed and favorably recommended an original $700,000 allocation for the Project under the Original Grant Agreement for City Commission approval; and WHEREAS, in furtherance of the Project, MMOS has previously conducted initial market research and feasibility studies and secured consultants specializing in project planning to include the master plan for the new museum, coordination efforts, a financial feasibility study and project management services, having a combined initial cost of $2,568,874, and the City has previously awarded to MMOS from the Bond proceeds a grant in the amount of $700,000, to cover a portion of these initial Project activities pursuant to Resolution No. 05-0416, adopted July 7, 2005; and WHEREAS, in connection with the $700,000 grant, the City and MMOS have previously entered into a Project Cooperation Agreement dated July 21, 2005 (the "Original Grant Agreement"), and MMOS has agreed that all documents, reports, materials and drawings that are developed with the assistance of the City Bond proceeds shall become the property of and be owned by the City, which will subsequently make such documents, reports, materials and drawings freely available to MMOS and to Miami -Dade County, if applicable, for use on the Project; and WHEREAS, in June of 2007, the City's Bond Oversight Board reviewed and favorably recommended an additional $2,000,000 allocation for the Project for City Commission approval; and WHEREAS, in connection with the Project, MMOS applied to and received a first award from the United States Department of Energy National Energy Technology Laboratory for $738,000, if MMOS were able to provide a match of $738,000, for the proposed MMOS Renewable Energy Project; and WHEREAS, MMOS requested the match up to $738,000, from the City and the City found and City of Miand Page 2 of 4 File Id. 09-00770 (Version: 2) Printed On: 6/27/2017 File Number: 09-00770 Enactment Number: R-09-0370 determined that these activities to be conducted by or on behalf of MMOS for the Renewable Energy Project as part of the overall capital components of the Project will ultimately and primarily benefit the general public as a downtown regional cultural and scientific facility accessible to the public; and WHEREAS, the City Commission, pursuant to Resolution No. 08-0172, authorized the allocation of City funds in an amount up to $738,000, for the match for the acquisition of certain capital project components and related planning, design and project management activities for the Renewable Energy Project as part of the overall Project and further authorized the City Manager to execute Amendment No. 1 to the Original Grant Agreement; and WHEREAS, MMOS has applied to and received a pending second award notice from the United States Department of Energy National Energy Technology Laboratory that the proposed MMOS Renewable Energy Project is eligible for federal funding of up to $713,625, if MMOS has match of $713,625, for the proposed MMOS Renewable Energy Project; and WHEREAS, MMOS has requested the match of $713,625 from the City and the City finds and determines that these activities to be conducted by or on behalf of MMOS for the Renewable Energy Project as part of the overall capital components of the Project will ultimately and primarily benefit the general public as a downtown regional cultural and scientific facility accessible to the public; and WHEREAS, the City Commission, by passage of this Resolution, will authorize the allocation of City funds in an amount up to $713,625, and will further authorize the City Manager to execute Amendment No. 2 to the Original Grant Agreement, in substantially the attached form (the "Amendment"), for this purpose; and WHEREAS, also on June 14, 2007, May 22, 2008, and July 24, 2008, the CityCommission has directed certain conditions (collectively, the "Directives") and MMOS has indicated its willingness pursuant to the terms and conditions of this Amendment that MMOS will fulfill the City Commission Directives as instructed, waived or modifiedby the City Commission as either set forth in this Amendment or as further detailed and enforced in other appropriate and applicable definitive documents setting forth acceptable terms and conditions such as an Interlocal Agreement, a Memorandum of Understanding, a lease, any subleases, a community benefits agreement, a master development agreement, a master management agreement and/or other applicable agreements (collectively, "Definitive Documents"), related to MMOS's involvement in the Museum Park Project and Museum Park; and WHEREAS, the Original Grant Agreement and the Amendments set forth the duties and responsibilities of the City and MMOS, provide for the uses, accountability, accessibility, and terms of this undertaking by MMOS; and WHEREAS, the Original Grant Agreement and the Amendments also provide for MMOS and its successors to maintain public access to facilities developed with Bond proceeds, and that said facilities will be publicly owned; and WHEREAS, the City Commission finds and determines that proper use of this additional $713,625 allocation will primarily benefit the general public and serves a paramount public purpose; and WHEREAS, funds for this purpose are available from B -78502A, Capital Improvements Project City of Miand Page 3 of 4 File Id. 09-00770 (Version: 2) Printed On: 6/27/2017 File Number: 09-00770 Enactment Number: R-09-0370 No. 333143 entitled "Museum Of Science -Development of Bicentennial Park," under the Homeland Defense - Neighborhood Improvement Bond Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A grant to MMOS to support the development of a new science museum and planetarium facility in the City -owned Bicentennial Park, in an amount up to $713,625, approved by a referendum of the voters in November, 2001, as a specified project in the Homeland Defense Neighborhood Improvement Bond Program, is authorized, with funds allocated from B -78502A, Capital Improvement Project No. 333143 entitled "Museum Of Science -Development of Bicentennial Park" Section 3. The City Manager is authorized{1} to execute an Amendment to the existing Project Co-operation Agreement with MMOS (the "Original Grant Agreement"), in substantially the attached form, to increase the funding under the Original Grant Agreement, as amended, from $1,438,000 to up to $2,151,625 for said purpose and in compliance with the Homeland Defense Neighborhood Improvement Bond Program. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File Id. 09-00770 Mersion: 2) Printed On: 6/27/2017