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16TO: FROM: DATE: SUBJECT: BACKGROUND: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission South Miami bOd ;'fiW 2001 Hector Mirabile, Ph.D., City Manager f 1 /' 1_ April 25, 2012 Agenda Item NO.: __ lP_ A resolution revising the language within section 2 of Resolution 75-12-13632 to define the cap on the cost of operations to include and be increased by the revenue generated by the pool without increasing the City'S obligation. The Mayor and City Commission approved of Resolution 75-12-13632 on April 3,2012, providing the City Manager with instructions on how the City Commission desires the City Manager to proceeds with regard to the proposed Murray Park Community Pool. Section 2 of Resolution 75-12-13632 authorized the City Manager" ... to move forward with the selection of a design build firm and construction of the pool with the understanding that the pool shall be designed so that its operating costs shall not exceed Fifty Thousand ($50,000.00) Dollars." The current language requires the City to maintain the pool with operating costs not to exceed Fifty Thousand ($50,000.00) Dollars annually, irrelevant to the revenues generated which would offset operating costs. Operating cost increases are highly probable due to inflation and revenues would also increase accordingly; hence offsetting the same value to the operating costs threshold directed by the Commission. By adding revenues, the pool may possibly be open for more time during the year, as long as revenues cover some of the operating costs. After the City's Chief Financial Officer reviewed the language, he recommended that by adding "revenues," the pool may possibly be in operation longer, as long as revenues continue to cover some of the operating costs. Resolution 75-12-13632 Email dated 4/2312012 from Alfredo Riverol 1 RESOLUTION NO. __ _ 2 3 A resolution revising the language within section 2 of Resolution 75-12-13632 4 to define the cap on the cost of operations to include and be increased by the 5 revenue generated by the pool without increasing the City's obligation. 6 7 8 WHEREAS, the Mayor and City Commission approved of Resolution 75-12-13632 on 9 April 3, 2012, providing the City Manager with instructions on how the City Commission desires 10 the City Manager to proceeds with regard to the proposed Murray Park Community Pool; and 11 12 WHEREAS, in Section 2 of Resolution 75-12-13632 authorized the City Manager " ... to 13 move forward with the selection of a design build firm and construction of the pool with the 14 understanding that the pool shall be designed so that its operating costs shall not exceed Fifty 15 Thousand ($50,000) Dollars;" and 16 17 WHEREAS, the current language requires the City to maintain the pool with operating 18 costs not to exceed Fifty Thousand ($50,000.00) Dollars annually, irrelevant to the revenues 19 generated which would offset operating costs; and 20 21 WHEREAS, operating cost increases are highly probable due to inflation and revenues 22 would also increase accordingly; hence offsetting the same value to the operating costs threshold 23 directed by the Commission; and 24 25 WHEREAS, by adding revenues, the pool may possibly be open for more time during 26 the year, as long as revenues cover some of the operating costs; and 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1: Section 2 of Resolution 75-12-13632 is hereby amended to read as 33 follows: 34 Section 2: The City Manager is hereby authorized to move forward 35 with the selection of a design build firm and construction of the pool with 36 the understanding that the pool shall be designed so that its annual 37 operating costs shall not exceed revenue generated by the pool plus the 38 sum of Fifty Thousand ($50,000.00) Dollars. The City shall request from 39 the South Miami Community Redevelopment Agency ("SMCRA") a Fifty 40 Thousand ($50,000.00) Dollars payment per year for the operating costs of 41 the pool and the City shall pay any amount of the Fifty Thousand 42 ($50,000.00) Dollars operating costs that the SMCRA is not authorized to 43 pay. The City shall also request that the SMCRA contribute an additional 44 Fifty Thousand ($50,000.00) Dollars, on top of the original Fifty 45 Thousand ($50,000.00) Dollars commitment that the SMCRA made, to 46 pay for the design of the pool so that the SMCRA's total commitment to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 pay for the design of the pool will be One Hundred Thousand ($100,000.00) Dollars. Section 2: This resolution shall be effective immediately after approving this resolution by vote of the City Commission. PASSED AND APPROVED this __ day of _____ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Harris: Commissioner Newman: Commissioner Welsh: RESOLUTION NO. 75-12-13632 A Resolution providing the City Manager with instructions on how the City Commission desires the City Manager to proceed with regard to the proposed Murray Park Community Pool. WHEREAS, the City has secured grants for an estimated amount of one million two hundred thousand ($1,200,000.00) dollars to build a community pool; and WHEREAS, the City Manager has requested directions from the City Commission as to how the City desires the City Manager to proceed with regard to the construction of the community pool; and WHEREAS, the City Manager has suggested the following possible courses of action ("COA"): COA 1: Continue negotiating with the YMCA for the management of the Gibson-Bethel Community Center as well as the pool, terminate the YMCA's lease of the South Miami Park and, if a pool operator's agreement can be, in the City Manager's estimation, timely executed, hire a design build firm and construct the pool. COA 1A: Continue negotiations with the YMCA for the management of the Gibson- Bethel Community Center as well as the pool, renegotiate the YMCA's lease of the South Miami Park and, if a pool operator's agreement can be, in the City Manager's estimation, timely executed, hire a design build firm and construct the pool. COA2: Continue the process of hiring the design build contractor and construct the pool with the City of South Miami operating the pool. The City would either enter into a contract with the YMCA to act as the pool operator or the City would absorb the total operational and maintenance costs associated with the pool. COA3: Same as COA2 but the CRA would absorb the costs associated with the total operation and maintenance of the pool provide this course of action is approved by the the CRA and Miami-Dade County. COA4: Continue the process of hiring the design build contractor and build the pool and during that time attempt, for a third time, to find a pool operator using the RFP process. COA5: A combination of any of the aforementioned COAs or an alternative. COA6: Discontinue any further attempts to build the pool and return the money already expended (approximately $198,000) to Miami-Dade County from the City'S General Funds. Page 1 of2 ~es. No. 75-12-13632 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The recitals set forth hereinabove are hereby made a part of this resolution by reference. Section 2. The City Manager is hereby authorized to move forward with the selection of a design build firm and construction of the pool with the understanding that the pool shall be designed so that its operating costs shall not exceed Fifty Thousand ($50,000.00) Dollars. The City shall request from the South Miami Community Redevelopment Agency ("SMCRA") a Fifty Thousand ($50,000.00) Dollar payment per year for the operating costs of the pool and the City shall pay any amount of the Fifty Thousand ($50,000.00) Dollars operating costs that the SMCRA is not authorized to pay. The City shall also request that the SMCRA contribute an additional Fifty Thousand ($50,000.00) Dollars, on top of the original Fifty Thousand ($50,000.00) Dollars commitment that the SMCRA made, to pay for the design of the pool so that the SMCRA's total commitment to pay for the design of the pool will be One Hundred Thousand ($100,000.00) Dollars. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3 rd day of April, 2012. ATTEST: APPROVED: COMMISSION VOTE: 4-1 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Nay Commissioner Harris: Yea Commissioner Welsh: Yea w:\my documents\resolutions\resolution coa murray park pool 2012 amended and streamlined by ca.doc Page 2 of2 Korth. Jennifer From: Sent: To: Cc: Subject: Manager, Riverol, Alfredo Monday, April 23, 20126:21 PM Hector Mirabile Korth, Jennifer Pool $50,000 Operating Expenses Cap As per your request, I have reviewed the language within section 2 of Resolution 75-12-13632. As I read and understand the section, specifically, " ... with the understanding that the pool shall be designed so that its operating costs shall not exceed fifty thousand ($50,000) dollars." The City must be sure the operating costs do not exceed $50,000 (I am assuming annually), irrelevant to the revenues generated which would offset operating costs. Below, please find the definition of operating costs as defined by www.investopedia.com : Definition of 'Operating Cost' Expenses associated with administering a business on a day to day basis. Operating costs include both fixed costs and variable costs. Fixed costs, such as overhead, remain the same regardless of the number of products produced; variable costs, such as materials, can vary according to how much product is produced. http://www.investopedia.com/terms/o/operating-cost.asp#axzzlsu09nZOO Therefore, the definition above is consistent with the General Accepted Accounting Principles (GAAP) definition of operating expenses. Furthermore, due to inflation, the $50,000 operating costs cap, which was passed by the Mayor and Commission via the above mentioned resolution, would reduce the value of the operating cost annually hence possibly reducing the use of the pool do to the mandated operating cost cap. Consequently, it is my recommendation that the resolution be revised to include "net of revenues" in the resolution language, which would address the above stated issues. As operating costs increase due to inflation, revenues should increase hence providing the same value to the operating costs. Furthermore, by adding "net of revenues," the pool could possibly be in operations longer, as long as revenues continue to cover the operating costs, not to exceed the $50,000 city funded cap. Alfredo Riverol, CPA Cr.FA Chief Financial Officer Finance Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 0: 305-663-6343 f: 305-663-6346 ariverol@southmiamifl.gov 1