Broward County Commission Regular Meeting
Director's Name: Bertha Henry
Department: County Administration Division: Cultural Division
Information
Requested Action
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A. MOTION TO RETROACTIVELY APPROVE Tri-Party Grant Agreement among Broward County (County), City of Fort Lauderdale (City), and the Performing Arts Center Authority (PACA), for the period of October 1, 2020 through September 30, 2021, to provide funding for PACA’s operations 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.
ACTION: (T-10:45 AM) Approved.
VOTE: 9-0. Commissioner Rich voted in the affirmative telephonically.
B. MOTION TO APPROVE PACA’s Budget for Fiscal Year 2021 in the amount of $77,892,248, for the period of October 1, 2020 through September 30, 2021.
ACTION: (T-10:45 AM) Approved.
VOTE: 9-0. Commissioner Rich voted in the affirmative telephonically.
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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 pursuant to Section 6.(1) of PACA’s Special Act.
What Action Accomplishes
Motion A: Provides funding towards PACA’s operating expenses at the Broward Center for the Performing Arts and in-kind legal services to PACA for the period of October 1, 2020 to September 30, 2021.
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
Yes
Previous Action Taken
On August 16, 2016 (Item No. 47), the Board approved an agreement among County, 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 (“Audit Agreement”). The Audit Agreement states that County and City each pay half of the audit fees for PACA. The remaining audit fees for which County is responsible is $19,316.50 for Fiscal Year 2020. The Audit Agreement expires on February 28, 2021.
Within 150 days after February 28,2021, the parties will enter into a separate agreement for independent auditing services with PACA’s current independent auditor (or another auditor agreeable to the parties), which is separately funded and which funds are not part of this Agreement.
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 County and City to make cash and in-kind service contributions towards the operation of the Broward Center for the Performing Arts and in-kind legal services for the overall operation of PACA.
In accordance with Article 4.2.1 and 5.1.1 of the Agreement, County will 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 County's adopted Fiscal Year 2021 budget approved by the Board on September 22, 2020 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 2020 audit services (which are in addition to the $950,000 funding under the Agreement), is $19,316.50 and will be paid in County’s Fiscal Year 2021 budget. Pursuant to Section 4.2.2 of the Agreement, County will also provide up to 500 hours of in-kind legal services provided by the County Attorney’s Office to PACA.
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 of the valet lot and parking garage valued at $30,000, and reimbursements for waste removal services paid for by PACA not to exceed $24,000.
The County Attorney's Office has approved the Agreement as to form.
MOTION B
This motion approves PACA's total Fiscal Year 2021 budget (Exhibit 3) in the amount of $77,892,248. In accordance with Section 6.(1) of PACA’s Special Act, PACA's annual budget is subject to approval by City and County after approval by PACA. PACA's Board approved its Fiscal Year 2021 budget on September 3, 2020 (Resolution No. 2020-09-01). City approved PACA’s budget and authorized execution of the Agreement at City’s commission meeting on September 15, 2020 (Item No. 20-0690).
Source of Additional Information
Phillip Dunlap, Director, Cultural Division, (954) 357-7456
Fiscal Impact
Fiscal Impact/Cost Summary
The Agreement provides for a total County contribution of $950,000 for the operating subsidy and up to 500 hours of in-kind legal services. Funding for this Agreement has been included in the Fiscal Year 2021 budget which was adopted on September 22, 2020.