HomeMy WebLinkAbout2010-132-1313 - MOU with Miami Dade Economic Advocacy Trust
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 28, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Energy Efficiency and Conservation Block Grant BG) Funds & AT Fun
(EEC MDE ds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Danny O. Crew City Manager Department:
City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY,
THAT CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI GARDENS AND MIAMIDADE ECONOMIC ADVOCACY TRUST TO ESTABLISH THE MIAMI GARDENS/NORTH DADE STIMULUS INITIATIVE, ATTACHED
HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The Miami Dade Economic Advocacy Trust (MDEAT), formerly
known as the Miami Metro Action Plan (MMAP), wishes to develop an independent program (North Dade Stimulus Initiative) to assist existing small businesses in North Dade with financial
and technical assistance in an effort to infuse growth and development for the area. The purpose of the North Dade Stimulus Initiative is to provide assistance by offering certain technical
and financial resources to existing small businesses. These resources include, but are not limited to, ITEM J-6) CONSENT AGENDA RESOLUTION MOU with Miami Dade Economic Advocacy Trust
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 business technical assistance to micro enterprises, façade improvements, marketing assistance, and other improvements.
The Program’s activities are based on assisting microenterprises, defined as businesses with 5 or fewer employees including the owner. MDEAT received a general fund allocation of $50,000
which was set aside for economic development efforts. MDEAT intends to issue 10 grants in the amount of $5,000 each. Current Situation In an effort to leverage the City’s resources,
City Staff wishes to collaborate with MDEAT on this program by ensuring that the funds received by the City from the Department of Energy grant (EECBG Funds) that have been designated
for assistance to local businesses ($145,800) for energy efficiency improvements be used in conjunction with MDEAT’s funds for the creation of the Miami Gardens/North Dade Stimulus Initiative
(the “Program”). The Program will establish a collaborative partnership agreement that provides enhanced resources to small businesses located within the City by combining the benefits
of both MDEAT’s and the City’s programs . The Program will be administered by the Department of Community Development and will be funded by EECBG funds and MDEAT funds. The funds will
be used as a match with MDEAT’s allocated budget of $50,000. The Memorandum of Understanding will expire on September 30, 2011. Proposed Action: That City Council approve the attached
resolution authorizing the City Manager to execute the Memorandum of Understanding between the City of Miami Gardens and Miami Dade Economic Advocacy Trust to establish the Miami Gardens/North
Dade Stimulus Initiative. Attachment: • Memorandum of Understanding between the City of Miami Gardens and MDEAT
MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this ____ day of ______________, 2010, between the City of Miami Gardens (“City”) having an address
of 1515 NW 167 Street, Building 6, Suite 200 Miami Gardens, FL and the Miami Dade County Economic Advocacy Trust (the “Trust”) having an address of 19 West Flagler Street -Suite M-106
Miami, FL. RECITALS WHEREAS, the Trust is desirous to provide financial and technical assistance through its North Dade Stimulus Initiative (the “Program”); and WHEREAS, the objective
of the program is to identify a business corridor in the North section of Miami Dade County to infuse financial and technical assistance in an effort to infuse growth and development
for small businesses; and WHEREAS, the mission of the City of Miami Gardens’ Department of Community Development is to utilize the grant funds it receives to aid in the development of
viable urban communities by providing and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City sought to implement a grant program
for small businesses in their major economic development corridors; and WHEREAS, the City of Miami Gardens and the Trust have decided to work together to form an independent program
to assist existing businesses in the development of sustainability and prosperity; and WHEREAS, the execution of this agreement will establish authorization and agreement by both parties
to enter into the said contract. 1
ARTICLE I PURPOSE The purpose of the Program is to assist city-based businesses with assistance by offering certain technical and financial resources to existing small businesses that
meet the requirements of the program. Those resources include but are not limited to energy efficiency audits/upgrade/repairs, business technical assistance to microenterprises, façade
improvements, and other improvements. The Program’s activities are based on assisting microenterprises, categorically defined as businesses with 5 or fewer employees including the owner.
The Program’s area of implementation will focus on the City’s 3 Economic Development Corridors, N.W. 27th Avenue, N.W. 167 Street, and U.S. 441 (N.W. 2nd Avenue). ARTICLE II TERM OF
THE MOU 2.1 The term of the MOU shall commence on the last date of execution by the parties and continue until September 30, 2011 unless terminated by either party to pursuant to Article
VII below. 2.2 The parties agree that time is of essence in the performance of each and every obligation under this MOU. ARTICLE III RESPONSIBILITIES OF THE PARTIES 3.1 CITY Responsibilities.
The City hereby agrees as follows: (a) To provide certain technical and financial assistance to awarded businesses; 2
(b) To regularly and periodically visit the 27th Avenue Corridor, to participate in and monitor program activity and performance at the awarded businesses; (c) To assist in the underwriting
of applications to determine program eligibility; (d) Report program activity and performance to the appropriate regulatory agency; (e) To cooperate fully with the parties of this MOU
in the implementation in achieving the purposes of the this MOU; (e) To adhere to the strict regulations established by its respective funding agencies and the program parameters that
have yet to be established. 3.2 COUNTY Responsibilities. The County hereby agrees as follows: (a) To assist in the marketing and community outreach within the community about the Program;
(b) To play a major role in achieving the goals of the strategy outlined herein; (c) To assist in the underwriting of applications to determine program eligibility; (d) To provide certain
technical and financial assistance to awarded businesses; (e) To cooperate fully with the parties of this MOU in the implementation in achieving the purposes of the this MOU (f) To adhere
to the strict regulations established by its respective funding agencies and the program parameters that have yet to be established. ARTICLE IV PROJECT MANAGEMENT AND NOTICE 3
4.1 The Project Manager for the County is John Dixon, Executive Director for Miami Dade Economic Advocacy Trust, 19 West Flagler Street -Suite M-106, Miami, FL 33127. The Project Manager
for the City is Antranette Pierre, Economic Development Manager, 1515 NW 167 Street Building 5, Suite 200 Miami Gardens, Fl 33169. The parties shall direct all matters arising in connection
with the performance of this MOU, other than notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall
coordination and oversight relating to the performance of this MOU. 4.2 All notices, demands, or other communications to Miami Dade County under this MOU shall be in writing and shall
be deemed received if sent by certified mail to: Miami Dade County Att: County Manager 111 NW 1st Street, Suite 2810 Miami, FL 33128 All notices, demands, or other communications to
the City under this MOU shall be in writing and shall be deemed received if sent by certified mail to: Dr. Danny O. Crew, CITY MANAGER City of Miami Gardens 1515 N.W. 167th Street, Bldg.
5, Suite 200 Miami Gardens, Florida 33169 The County and the City shall also provide a copy of all notices to the Project Managers. All notices required by this MOU shall be considered
delivered upon receipt. Should any party changes its address, written notice of such new address shall promptly be sent to the other parties. ARTICLE V 4
INDEMNIFICATION 5.1 The County assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the County and the officers,
employees, servants, and agents thereof. The County warrants and represents that it is self-funded for liability insurance, or has liability insurance, both public and property, with
such protection being applicable to the County officers, employees, servants and agents while acting within the scope of their employment with the County. 5.2 The City assumes any and
all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the City and the officers, employees, servants, and agents thereof.
The City warrants and represents that it is selffunded for liability insurance, or has liability insurance, both public and property, with such protection being applicable to the City’s
officers, employees, servants and agents while acting within the scope of their employment with with the City. 5.3 The County and the City further agree that nothing contained herein
shall be construed to interpret as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the United States
or its agents and agencies to be sued; (3) the consent of the State of Florida or its agents and agencies to be sued; or (4) a waiver of sovereign immunity of the State of Florida beyond
the waiver provided in Section 768.28, Florida Statutes. ARTICLE VI INSURANCE 5
6.1 The parties hereto acknowledge that the County and the City are self-insured governmental entities subject to the limitations of Section 768.28, Florida Statutes. The County and
the City shall maintain a fiscally sound and prudent risk management program with regard to their obligations under this MOU in accordance with the provisions of Section 768.28, Florida
Statutes. The County and the City shall collect and keep on file documentation of insurance of any and all contractors contracted to provide the services or product used in conjunction
with this MOU in any way. The County and the City as named insured and shall provide the County and the City with a copy of the insurance policy purchased by any contractor prior to
commencement of the Services. ARTICLE VII TERMINATION/REMEDIES 7.1 If any party fails to fulfill its obligations under this MOU in a timely and proper manner, the other parties shall
have the right to terminate their participation under this MOU by giving written notice of any deficiency. The party in default shall then have thirty (30) calendar days from receipt
of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this MOU shall terminate at the expiration of the thirty (30) day time
period. 7.2 Any party may terminate this MOU at any time for convenience upon ninety (90) calendar days prior written notice to the other party. Any such termination shall be effected
by delivery to the other of a Notice of Termination specifying the extent to which performance of work under the MOU is terminated, and the date upon which such termination become effective.
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7.3 In the event a dispute arises which the Project Managers cannot resolve between themselves, the parties shall have the option to submit to nonbinding mediation. The mediator or mediators
shall be impartial, shall be selected by parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted
by law. 7.4 This MOU has no third party beneficiaries (intended or incidental), who may enforce obligations of any party should the MOU be terminated. ARTICLE VIII RECORDS RETENTION/OWNERSHIP
The County and City shall maintain records and each party shall have inspection and audit rights as follows: 8.1 Maintenance of Records. All parties shall maintain all financial and
nonfinancial records and reports directly or indirectly related to the negotiation or performance of this MOU including supporting documentation for any service rates, expenses, researching
or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration or termination date of this MOU. 8.2 Examination of
Records. All parties of their designated agents shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly
related to this MOU. Such examination may be only five years from the expiration or termination of this MOU and upon reasonable notice, time and place. 7
8.3 Extended Availability of Records for Legal Disputes. In the event that any party should become involved in a legal dispute with a third party arising from performance under this
MOU, the other parties shall extend the period of maintenance for all records relating to this MOU until the final disposition of the legal dispute, and all such records shall be made
readily available. ARTICLE IX STANDARDS OF COMPLIANCE 9.1 The County and City, their employees, subcontractors, partners and assigns, shall comply with all applicable federal, state
and local laws and regulations relating to the performance of this MOU to which their activities are subject. 9.2 The County and the City shall allow public access to all project documents
and materials it maintains in accordance with the provisions of Chapter 119, Florida Statutes. Should the County and/or the City assert any exemptions to the requirements of Chapter
119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be both upon the County and the City. 9.3 All parties
assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, sex, marital status, or sexual preference, from participation in, denied
the benefits or, or be otherwise subjected to discrimination in any activity under this MOU. All parties shall take all measures necessary to effectuate these assurances. ARTICLE X RELATIONSHIP
BETWEEN THE PARTIES 8
10.1 The County and the City are independent contractors. No party is an employee or agent of any other party. Nothing in this MOU shall be interpreted to establish any relationship
other than that of independent contractors, between the County and the City, or between their respective employees, agents, subcontractors, partners, or assigns, during or after the
performance of this MOU. ARTICLE XI GENERAL PROVISIONS 11.1 Notwithstanding any provisions of the MOU to the contrary, the parties shall not be held liable for any failure to delay in
the performance of this MOU that arises from fires, floods, strikes, embargoes, acts of public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil
commotion, force majeure, acts of God, or for any other cause of same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to
perform shall be excused during the continuance of such circumstances, but this MOU shall otherwise remain in effect. 11.2 In the event any provisions of the MOU shall conflict, or appear
to conflict, the MOU, including all exhibits, attachments and all other documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency.
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of the MOU by the parties, their successors and assigns shall not be deemed a waiver
of any rights or remedies, nor shall it relieve the other parties from performing any subsequent obligations strictly in accordance with the term of this MOU. No waiver shall be 9
effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this MOU specifically referred to therein and shall
not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this MOU be held,
to any extent invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction,
such invalidity shall not effect any other term or provision of this MOU, to the extent that the MOU shall remain operable, enforceable and in full force and effect to the extent permitted
by law. 11.5 This MOU may be amended only with the written approval of the parties hereto. 11.6 This MOU states the entire understanding and agreement between the parties and supersedes
any and all written or oral representations, statements, negotiations or agreements previously existed between parties with respect to the subject matter of this MOU. The parties recognize
that any representations, statements or negotiations made by the staff of either party does not suffice to legally bind either party in a contractual relationship unless they have been
reduced to writing and signed by their authorized representative(s). This MOU shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors
in interest. 10
11 ATTEST: CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida __________________________________ ___________________________ Ronetta Taylor, CMC City Clerk Danny
Crew, City Manager Approved as to legal form and sufficiency: ___________________________________ Sonja K. Dickens, Esq. City Attorney ATTEST: MIAMI DADE COUNTY, FLORIDA BY ITS BOARD
OF COUNTY COMMISSIONERS: ________________________________ ___________________________ Harvey Ruvin, Deputy Clerk George M. Burgess County Manager Approved as to legal form and sufficiency:
___________________________________ Assistant County Attorney