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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #11586 Date: 02/28/2022 Commission Meeting Date: 03/10/2022 Requesting Department: Department of Parks and Recreation Sponsored By: District Impacted: District 5 Type: Resolution Subject: Additional Authorizations - Orange Bowl Committee Purpose of Item: A resolution authorizing the City Manager to enter into and amend the agreement with the Orange Bowl Committee, Inc. authorized on June 24, 2021 by Resolution NO. R-21- 0262. Background of Item: On November 13, 2008, The Miami City Commission approved Resolution No. R-08- 0646, granting the City Manager the authority to enter into a Project Cooperation Agreement with the Orange Bowl Committee Inc.'s ("OBC") related entity, OBC Moore Park LLC, to undertake the construction of a football stadium including interior track and field facilities at the City's Moore Park located at 765 Northwest 36 Street, Miami, Florida ("Moore Park") as the Orange Bowl Legacy Gift Project B-30625 ("2008 Legacy Project"). On June 24, 2021 the City of Miami Commission passed resolution 21-0262 allowing the City Manager to enter into an updated Project Cooperation Agreement with the Orange Bowl Committee, Inc, for the provision of improvements, maintenance and repairs of the athletic track and football fields at Moore Park in connection with the 2021 College Football Program National Championship. The 2021 Legacy Project includes (i) athletic track resurfacing, restriping, repairs, and improvements, (ii) new football field turf, (iii) a nine (9) year field maintenance plan as well as field fluff treatment, and (iv) miscellaneous improvements such as replacing signage in the press box, scoreboard, bleacher tarps, and other repairs. The City agreed to provide a reimbursement match (on a fifty percent (50%) reimbursement basis) in an amount not to exceed Seven Hundred and Fifty Thousand Dollars to the Orange Bowl Committee and South Florida CFPNCG Host Committee, LLC . The agreement was not signed. The newly proposed resolution would grant the City Manager the authority to execute the amended agreement that will allow the City to make an initial matching contribution of One Hundred Thousand Dollars ($100,000.00) following the execution of the Amendment. Going forward additional funding not to exceed $750,000.00 will be distributed on an equal Fifty/Fifty percent (50/50%) basis. As well as include commemorative donor signage in the press box, on the scoreboard, in two (2) concession buildings and commemorative plaques to the agreed upon project. Budget Impact Analysis Item is an Expenditure Item is NOT funded by Bonds Item is NOT Related to Revenue Total Fiscal Impact: $ 750,000.00 Reviewed B City Manager's Office Barbara Hernandez Office of Management and Budget Donovan Dawson Office of Management and Budget Marie Gouin Natasha Colebrook -Williams Valentin J Alvarez Arthur Noriega V Maricarmen Lopez Public Works George K. Wysong III Valentin J Alvarez Victoria Mendez City Clerk's Office City Manager's Office Legislative Division City Manager's Office City Commission Department of Resilience and Office of the City Attorney Office of the City Attorney Office of the City Attorney Office of the City Clerk Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Meeting Joseph Murray ACA Review Deputy City Attorney Review Approved Form and Correctness Rendered Completed Completed Completed Completed Completed Completed Completed ACA Review Completed Skipped Completed Completed 02/28/2022 4:08 PM 03/01/2022 1:49 PM 03/01/2022 2:40 PM 03/01/2022 2:48 PM 03/01/2022 3:27 PM 03/07/2022 5:01 PM 03/10/2022 9:00 AM Completed 03/23/2022 5:44 PM 03/01/2022 10:39 AM 03/30/2022 4:16 PM 03/30/2022 4:55 PM City of Miami Legislation Resolution Enactment Number: R-22-0098 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11586 Final Action Date:3/10/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PROVIDING ADDITIONAL AUTHORIZATIONS FOR THE AMENDMENT AUTHORIZED BY RESOLUTION NO. R-21-0262 ADOPTED ON JUNE 24, 2021, REGARDING THE IMPROVEMENTS, REPAIRS, AND MAINTENANCE PROJECT AT THE FOOTBALL FIELD AND ATHLETIC TRACK IN THE CITY OF MIAMI'S ("CITY") MOORE PARK LOCATED AT 765 NORTHWEST 36 STREET, MIAMI, FLORIDA, MADE BY THE ORANGE BOWL COMMITTEE, INC. ("OBC") AND THE SOUTH FLORIDA CFPNCG HOST COMMITTEE, LLC ("HOST COMMITTEE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT INCLUDES AN INITIAL MATCHING CONTRIBUTION FROM THE CITY OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO BE MADE ON A FIFTY/FIFTY PERCENT (50/50%) BASIS WITH THE OBC'S INITIAL CONTRIBUTION OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00), COMMEMORATIVE DONOR SIGNAGE AND PLAQUES, AND NO REQUIREMENT OF GENERAL CONTRACTOR BONDING FOR WORK UNDER ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE HOST COMMITTEE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONSISTENT WITH THE AUTHORIZATIONS CONTAINED HEREIN AND RESOLUTION NO. R-21-0262; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE THE CITY'S MATCH TO OBC AND GRANT TO THE HOST COMMITTEE IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) SUBJECT TO ALL APPROPRIATE BUDGETARY APPROVALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-08-0646 adopted November 13, 2008, the City of Miami ("City") and the Orange Bowl Committee Inc.'s ("OBC") related entity, OBC Moore Park LLC, entered into a grant project cooperation agreement, attached and incorporated as Exhibit "A", for Project B-30625 for OBC Moore Park LLC to undertake the construction of a football stadium including interior track and field facilities at the City's Moore Park located at 765 Northwest 36 Street, Miami, Florida ("Moore Park") as the Orange Bowl Legacy Gift Project B- 30625 ("2008 Legacy Project"); and WHEREAS, on June 24, 2021, the Miami City Commission adopted Resolution No. R- 21-0262 regarding an update of the 2008 Legacy Project by the OBC in connection with the 2021 College Football Program National Championship through its recipient South Florida CFPNCG Host Committee, LLC ("Host Committee") in order to improve, repair, and maintain the football field and athletic track facilities at Moore Park involving (i) athletic track resurfacing, restriping, repairs, and improvements, (ii) new football field turf, (iii) a nine (9) year field maintenance plan as well as field fluff treatment, and (iv) miscellaneous improvements such as replacing signage in the press box, scoreboard, bleacher tarps, and other repairs (collectively, "2021 Legacy Project'); and WHEREAS, Resolution No. R-21-0262, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), after a duly noticed public hearing, by a four - fifths (4/5) affirmative vote, ratified, approved, and confirmed the findings and determinations of the City Manager that competitive bidding was not practicable or advantageous to the City in order for the City to allow the OBC to undertake the 2021 Legacy Project at Moore Park, whereby the OBC was to grant an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) for the 2021 Legacy Project, the City was to provide a reimbursement match (on a fifty percent (50%) reimbursement basis) in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to the OBC, and the City was to provide a reimbursement grant not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) to the College Football Program National Championship through its recipient Host Committee, all in connection with the 2021 Legacy Project, and waived competitive bidding therefor; and WHEREAS, Resolution No. R-21-0262 authorized the City Manager to negotiate and execute, in a form acceptable to the City Attorney, a cooperative project grant agreement ("Agreement") with OBC and the Host Committee, and all other necessary documents, modifications, extensions, renewals, and amendments thereto, all in forms acceptable to the City Attorney, in order for OCB to direct, supervise, manage, and otherwise be responsible for the undertaking of the 2021 Legacy Project; to allow OCB to select qualified, licensed, bonded, certified, and insured private sector contractors for improvements, repairs, and maintenance constituting the 2021 Legacy Project; for the OBC entities to indemnify the City; and to document for proper governmental accounting, reporting, and auditing purposes the 2021 Legacy Project's OBC Grant, the City's match, and the related public purpose benefits occurring within the City from the 2021 College Football Program National Championship for the City Grant to the Host Committee; and WHEREAS, Resolution No. R-21-0262 further authorized the City Manager to budget, allocate, and appropriate the City's match to OBC and grant to the Host Committee in a total amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) by separate legislation; and WHEREAS, the Agreement authorized by Resolution No. R-21-0262 would be the amendment ("Amendment") to the project cooperation agreement authorized and executed pursuant to Resolution No. R-08-0646; and WHEREAS, the Amendment between the City and the OBC has not yet been executed and the parties now wish to modify the terms; and WHEREAS, the CITY and OBC would like the City to make an initial matching contribution of One Hundred Thousand Dollars ($100,000.00) following the execution of the Amendment; and WHEREAS, the CITY and OBC would like the initial OBC contribution and the initial City funding, each in the amount of One Hundred Thousand Dollars ($100,000.00), to be distributed on an equal Fifty/Fifty percent (50/50%) basis; and WHEREAS, the CITY and OBC would like 2021 Legacy Project to include commemorative donor signage including, but not limited to, in the press box, on the scoreboard, in two (2) concession buildings and commemorative plaques; and WHEREAS, the City and OBC would like no work under One Hundred Fifty Thousand Dollars ($150,000.00) to require bonding of the general contractor; and WHEREAS, it is in the City's best interest to authorize the City Manager to negotiate and execute an Amendment, in a form acceptable to the City Attorney, with the modified terms stated herein. 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 hereby adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to negotiate and execute an Amendment with OBC, in a form acceptable to the City Attorney, that includes the following terms in addition to the authorizations provided in Resolution No. R-21-0262: (i) the City is to make an initial matching contribution of One Hundred Thousand Dollars ($100,000.00) following the execution of the Amendment; (ii) the initial OBC contribution and the initial City funding, each in the amount of One Hundred Thousand Dollars ($100,000.00), are to be distributed on an equal Fifty/Fifty percent (50/50%) basis; (iii) the 2021 Legacy Project is to include commemorative donor signage including, but not limited to, in the press box, on the scoreboard, in two (2) concession buildings and commemorative plaques; and (iv) no work under One Hundred Fifty Thousand Dollars ($150,000.00) is to require bonding of the general contractor. Section 3. The City Manager is hereby authorized1 to negotiate and execute an agreement with the Host Committee, in a form acceptable to the City Attorney, consistent with the authorizations contained herein and Resolution No. R-21-0262. Section 4. The City Manager is further authorized to allocate and appropriate the City's match to OBC and a grant to the Host Committee in a total amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), subject to all appropriate budgetary approvals. Section 5. This Resolution shall be effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 3/30/2022 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.