Broward County Commission Regular Meeting


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AI-28659 32.       
Meeting Date: 03/28/2019  
Director's Name: Bertha Henry
Department: County Administration Division: Cultural Division

Information
Requested Action
A. MOTION TO RETROACTIVELY APPROVE Tri-Party Grant Agreement between Broward County (County), City of Fort Lauderdale (City), and the Performing Arts Center Authority (PACA), for the period of October 1, 2018 through September 30, 2019, providing funding in the amount of $950,000, in addition to in-kind services of up to 500 hours of legal services and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, Signature Pages have been received.)

ACTION:  (T-10:30 AM)  Approved.

VOTE: 8-0.  Commissioner Sharief was not present.


B. MOTION TO RETROACTIVELY APPROVE PACA’s Budget for Fiscal Year 2019 in the amount of $85,829,743, for the period of October 1, 2018 through September 30, 2019.

ACTION:  (T-10:30 AM)  Approved.

VOTE: 8-0.  Commissioner Sharief was not present.
Why Action is Necessary
Motion A: Broward County Board of County Commissioners’ (Board) approval is required for agreements with other governmental entities.

Motion B: Board approval of PACA's budget is required by PACA's Special Act.
What Action Accomplishes
Motion A: Provides funding towards the operation of the Broward Center for the Performing Arts and in-kind legal services to PACA for the period of October 1, 2018 to September 30, 2019.

Motion B: Completes the approval process of PACA’s budget in accordance with the requirements of PACA's Special Act.
Is this Action Goal Related
Previous Action Taken
On August 16, 2016 (Item No. 47), the Board approved an agreement among Broward County, the City, PACA, and Alberni, Caballero & Fierman, LLP, for audit services for PACA for a five-year term beginning Fiscal Year 2016 through Fiscal Year 2020. That agreement states that Broward County and the City each pay half of the audit fees for PACA. The remaining audit fees for which County is responsible are $18,386 for Fiscal Year 2018; $18,846 for Fiscal Year 2019; and $19,317 for Fiscal Year 2020.
Summary Explanation/Background

CULTURAL DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.

This item supports the Board's value of cultivating community culture, arts, recreation, and life-long learning and goals relating to providing diverse artistic, cultural, educational, and historical amenities and programs that contribute to a vibrant, multi-cultural, and economically viable community.


MOTION A
The proposed Tri-Party Grant Agreement (Agreement) (Exhibit 2) provides for the County and the City to make cash and in-kind service contributions toward the operations of PACA's Broward Center for the Performing Arts and the overall operation of PACA.

Pursuant to the Agreement, the County would pay an operating subsidy of $950,000 to PACA in quarterly increments in the amount of $237,500. These funds have already been included in the County's adopted Fiscal Year 2019 budget approved by the Board on September 25, 2018 , in combination with funding related to the PACA audit services approved by the Board on August 16, 2016 (Item No. 47). The County’s share for the Fiscal Year 2018 audit services (which are in addition to the $950,000 funding under the Agreement) is $18,836, and will be paid in County’s Fiscal Year 2019 budget.

The Agreement would also provide up to 500 hours of in-kind legal services to PACA provided by the County Attorney's Office.

The Agreement also provides for a contribution to PACA by the City of Fort Lauderdale from net parking garage revenues from the Arts and Science Parking in an amount not to exceed $300,000, in-kind landscape maintenance services valued at $30,000, and reimbursements for waste removal services paid for by PACA not to exceed $24,000.

MOTION B
This agenda also approves PACA's total Fiscal Year 2019 budget (Exhibit 3) in the amount of $85,829,743. In accordance with the PACA’s Special Act, PACA's annual budget is subject to approval by the City and by the County after approval by PACA. PACA's Board approved its Fiscal Year 2019 budget on September 6, 2018 (Resolution No. 2018-09-01). The City approved PACA’s budget, and authorized execution of the Agreement at their commission meeting on October 9, 2018 (Item 18-1058).

The County Attorney's Office has approved the Agreement (awaiting signatures from the City) as to form and the Risk Management Division has reviewed and approved the insurance requirements. Signature pages will be noted in the Wednesday Night Memo, prior to Board action.

Source of Additional Information
Leslie Fordham, Acting Director, Cultural Division, (954) 357-7532

Fiscal Impact
Fiscal Impact/Cost Summary:
The Agreement provides for a total County contribution valued at $950,000 related to the operating subsidy and up to 500 hours of in-kind legal services. Funding for this Agreement has been included in the Fiscal Year 2019 Adopted Budget which was adopted on September 25, 2018.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Tri-Party Agreement for FY2019
Exhibit 3 - PACA FY2019 Budget Resolution


    

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