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HomeMy WebLinkAboutR-26-0029City of Miami Resolution R-26-0029 Legislation 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 City of Miami Page 1 of 3 File ID: 18730 (Revision:) Printed On: 1/13/2026 File ID: 18730 Enactment Number: R-26-0029 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. City of Miami Page 2 of 3 File ID: 18730 (Revision:) Printed on: 1/13/2026 File ID: 18730 Enactment Number: R-26-0029 Section 4. The City Manager is further authorized1 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 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: rge Wyy ng III, C ty ttor -y 12/29/2025 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. City of Miami Page 3 of 3 File ID: 18730 (Revision:) Printed on: 1/13/2026