HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #18730
Date: 12/29/2025
Commission Meeting Date: 01/08/2026
Requesting Department: City Manager's
Office
Sponsored By:
District Impacted:
Type: Resolution
Subject: Execute MOA - Virginia Key Park Trust
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF AGREEMENT
("MOA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI, FLORIDA (THE "CITY") AND THE VIRGINIA KEY BEACH PARK TRUST
("TRUST") WHEREIN THE CITY WILL DESIGN AND CONSTRUCT THE VIRGINIA
KEY BEACH MUSEUM PROJECT ("PROJECT") AND, UPON TRANSFER OF THE
PROJECT TO THE TRUST FOR OPERATIONS AND MAINTENANCE, PROVIDE
ADDITIONAL FUNDING TO COVER SHORTFALLS IN OPERATIONAL COSTS FOR A
PERIOD OF TEN (10) FISCAL YEARS FOLLOWING SAID TRANSFER IN AN
AMOUNT NOT TO EXCEED ONE MILLION SEVEN HUNDRED THOUSAND AND
00/100 DOLLARS ($1,700,000.00) PER FISCAL YEAR; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY DOCUMENTS,
INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE
WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF
MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE;
PROVIDING FOR AN EFFECTIVE DATE
Background of Item:
N/A
Budget Impact Analysis
Total Fiscal Impact:
N/A
Reviewed By
City Manager's Office
Office of Management and Budget
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Natasha Colebrook -Williams
Leon P Michel
Arthur Noriega V
Valentin J Alvarez
Thomas M. Fossler
George K. Wysong III
Maricarmen Lopez
City Clerk's Office
Deputy City Manager Review
Budget Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Rendered
Completed 12/29/2025 2:59 PM
Completed 12/29/2025 4:19 PM
Completed 12/29/2025 4:19 PM
Completed 12/29/2025 4:26 PM
Completed 12/29/2025 5:05 PM
Completed 12/29/2025 5:39 PM
Completed 01/08/2026 9:00 AM
Completed 01/08/2026 5:23 PM
City of Miami
Legislation
Resolution
Enactment Number: R-26-0029
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18730 Final Action Date:1/8/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF AGREEMENT
("MOA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI, FLORIDA ("CITY") AND THE VIRGINIA KEY BEACH PARK TRUST
("TRUST") WHEREIN THE CITY WILL DESIGN AND CONSTRUCT THE VIRGINIA
KEY BEACH MUSEUM PROJECT ("PROJECT") AND, UPON TRANSFER OF THE
PROJECT TO THE TRUST FOR OPERATIONS AND MAINTENANCE, PROVIDE
ADDITIONAL FUNDING TO COVER SHORTFALLS IN OPERATIONAL COSTS FOR A
PERIOD OF TEN (10) FISCAL YEARS FOLLOWING SAID TRANSFER IN AN
AMOUNT NOT TO EXCEED ONE MILLION SEVEN HUNDRED THOUSAND AND
00/100 DOLLARS ($1,700,000.00) PER FISCAL YEAR; FUNDS FOR THIS PURPOSE
ARE TO BE ALLOCATED FROM LEGALLY AVAILABLE FUNDING SOURCES,
SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND
EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND
SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY
CODE, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -
DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH
IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 12003, the City Commission created and
established a limited agency and instrumentality of the City of Miami, Florida ("City") known as
the "Virginia Key Beach Park Trust" ("Trust"); and
WHEREAS, the Trust is empowered, subject to City Commission approval, to assist and
advise the City and to promote and support activities and functions at Historic Virginia Key
Beach Park consistent with its adopted purpose; and
WHEREAS, by Resolution No. R-19-0235, adopted June 13, 2019, the City Commission
authorized the City Manager to accept, allocate, and appropriate reimbursement funds from
Miami -Dade County's Culture and Education Fund Project 291 of the Building Better
Communities Bond Program, in an amount not to exceed $15,500,000.00, and to accept funds,
on a reimbursement basis, from Miami -Dade County Convention Development Tax funds, in an
amount not to exceed $5,000,000.00, for the construction of a museum/cultural center and other
improvements at Historic Virginia Key Beach Park, for a total amount not to exceed
$20,500,000.00 (collectively, "County Funding"); and
WHEREAS, the City Commission desires to approve and authorize the City Manager to
negotiate and execute a Memorandum of Agreement ("MOA") between the City and the Trust to
delineate responsibilities for the planning, design, permitting, construction, and delivery of a
museum facility at Historic Virginia Key Beach Park ("Project"), and to address the Trust's
subsequent operation of the museum following completion; and
WHEREAS, the MOA is intended to set forth the City's role in overseeing and managing
procurement and administration of the design and construction phases of the Project in
compliance with applicable law, including the City's procurement requirements and budgetary
restrictions, while providing opportunities for the Trust to participate in design development
through review and comment at specified milestones; and
WHEREAS, the MOA is further intended to authorize the City to recover an
administrative fee, in an amount not to exceed Two Million and 00/100 Dollars ($2,000,000.00),
for supervision and administrative services associated with the Project, and to address the
transition of museum operations to the Trust upon Final Completion; and
WHEREAS, consistent with the Trust's City Code budget submission requirements, the
MOA is intended to establish an annual budgeting and reconciliation process under which: (i)
the Trust submits its proposed operating budget by April 1 for the forthcoming fiscal year; (ii) the
City and the Trust confer during the City's budget development to agree on the projected
operating revenue shortfall; (iii) City support, if any, is disbursed periodically based on cash -flow
needs; and (iv) the parties perform a year-end reconciliation under which any over -funding is
refunded or credited to the City and, if the actual shortfall exceeds the projection, the City may
true -up its support, subject to annual appropriation, in an amount not to exceed One Million
Seven Hundred Thousand Dollars ($1,700,000.00) for that fiscal year; and
WHEREAS, the City Commission finds it is in the best interest of the City to approve the
MOA and to authorize the City Manager to execute the MOA, in a form acceptable to the City
Attorney, and to take all actions necessary to implement the MOA;
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. The City Manager is authorized' to negotiate and execute a MOA, in a form
acceptable to the City Attorney, between the City and the Trust wherein the City will design and
construct the Virginia Key Beach Museum Project and, upon transfer of the Project to the Trust
for operations and maintenance, provide additional funding to cover shortfalls in operational
costs for a period of ten (10) fiscal years following said transfer in an amount not to exceed One
Million Seven Hundred Thousand and 00/100 Dollars ($1,700,000.00) per fiscal year.
Section 3. Funds for this purpose are to be allocated from legally available funding
sources, subject to the availability of funds and budgetary approval at the time of need.
Section 4. The City Manager is further authorized' to negotiate and execute all other
documents, including any agreements, amendments, renewals, and extensions, all in forms
acceptable to the City Attorney, subject to allocations, appropriations, prior budgetary approval,
and compliance with applicable provisions of the City Code, including, the City's Procurement
Ordinance, Anti -deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of
1 The authorization herein 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.
the City Code, and in compliance with applicable regulations, as may be necessary for said
purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge wya,ng 111, G ty o2025