HomeMy WebLinkAbout2026-044-2501_-_ILA_with_Miami-Dade_County_-_Jazz_in_the_Gardens_2025_-_Adopted_-_PdfRESOLUTION NO. 2026-044-2501
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 INTERLOCAL
THE COUNTY AND BETWEEN AGREEMENT MIAMI-DADE
CITY OF MIAMI GARDENS FOR THE ACCEPTANCE OF A
FUNDING ALLOCATION IN AN AMOUNT NOT TO EXCEED
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) IN
SUPPORT OF THE 2025 JAZZ IN THE GARDENS MUSIC
FESTIVAL, A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT ADOPTION “A”; PROVIDING FOR THE OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through Commissioner Oliver Gilbert’s support, on September 19,
2024, the Miami-Dade County Commission approved Ordinance No. 24-102, the
Countywide General Fund Budget Ordinance which allocated funding to the City of
Miami Gardens for the 2025 Jazz in the Gardens Music Festival, and
WHEREAS, to formalize the commitment, acceptance of the funding allocation
requires the City of Miami Gardens and the Miami-Dade County to enter into an
Interlocal Agreement, and
WHEREAS, the fiscal impact of this Interlocal Agreement is that the City will
receive funding in a total amount not to exceed Five Hundred Thousand Dollars
($500,000.00) in support of the 2025 Jazz in the Gardens Festival to help mitigate rising
costs and ensure the festival maintains its high standards of excellence, and
WHEREAS, City Staff recommends that the City Council authorize the City
Manager and the City Clerk to execute and attest, respectively, that certain Interlocal
Agreement between Miami-Dade County and the City of Miami Gardens for the
acceptance of a funding allocation in support of the 2025 Jazz in Gardens Festival, a
copy of which is attached hereto as Exhibit “A”,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager and the City Clerk to execute and attest,
respectively, that certain Interlocal Agreement between Miami-Dade County and the
City of Miami Gardens for the acceptance of a funding allocation in an amount not to
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exceed Five Hundred Thousand Dollars ($500,000.00) in support of the 2025 Jazz in
Gardens Festival, a copy of which is attached hereto as Exhibit “A”.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MAY 27, 2026.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilwoman Baskin
Seconded by: Councilwoman Julien
VOTE: 5-0
Mayor Harris Yes
Vice Mayor Stephens, III Not Present
Councilwoman Baskin Yes
Councilman Leon Absent
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF MIAMI GARDENS, FLORIDA
AND
MIAMI-DADE COUNTY
City of Miami Gardens 2025 Jazz in the Gardens Festival
THIS INTERLOCAL AGREEMENT (the “Agreement”) by and between Miami-Dade
County, a political subdivision of the State of Florida (the “County”), through its governing
body, the Board of County Commissioners of Miami-Dade County, Florida (the “Board”)
and the City of Miami Gardens, Florida, a municipal corporation organized under the laws
of the State of Florida, through its governing body, the Mayor and City Council of Miami
Gardens, of (the “Municipality” or “Grantee”) is entered into this _____ day
________________, 20___ (“Effective Date”).
WITNESSETH:
WHEREAS, on September 19, 2024, the Board of County Commissioners of
Miami-Dade, Florida, approved Ordinance No. 24-102, the Countywide General Fund
Budget Ordinance, including an allocation of $500,000 to the Municipality for the 2025
Jazz in the Gardens Festival; and
WHEREAS, the Miami Gardens Jazz in the Gardens Festival (the “Program”) is
eligible for funding from General Fund Proceeds (“Funding”) in a total amount not to
exceed $500,000 (the “Funding Allocation”); and
WHEREAS, the Municipality’s Miami Gardens Jazz in the Gardens Festival is an
annual music festival offered to residents of the City of Miami Gardens and its surrounding
areas, held at the Hard Rock Stadium.
NOW, THEREFORE, in consideration of the mutual covenants recorded herein,
the parties hereto agree as follows:
I. SCOPE OF SERVICES.The Municipality agrees to render services in
accordance with the Scope of Services incorporated herein and attached hereto as
Attachment A, which will support the Jazz in the Gardens Festival for Miami Gardens
residents and residents of its surrounding areas.
The Municipality will implement the Scope of Services as described in Attachment A in a
manner deemed reasonably satisfactory to the County.
II. BUDGET SUMMARY. The Municipality agrees that all expenditures or costs
shall be made in accordance with the Scope of Services and consistent with the Adopted
Budget of the City of Miami Gardens, and shall be submitted in accordance with Section
XIV. Payment Procedures.
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III. EFFECTIVE TERM. Both parties agree that the Effective Term of this
Agreement shall be the time of execution by both parties, retroactive to no earlier than
January 1, 2025 until June 30, 2026. The County shall make no payments or disburse
funds for services performed or costs incurred outside the Effective Term. Municipality
agrees that any unspent and uncommitted funds remaining in the Program after June 30,
2026 shall be returned to the County. This Agreement may be extended by mutual written
agreement of both parties.
IV. AMOUNT PAYABLE.Subject to available funds and as may be
appropriated by the Miami-Dade Board of County Commissioners, the amount payable
for services rendered under this Agreement shall not exceed $500,000.00. Payment
should be made according to Section XIV- Payment Procedures.
V. INDEMNIFICATION AND HOLD HARMLESS. The Municipality shall indemnify
and hold harmless the County and its officers, employees, agents and instrumentalities
from any and all liability, losses, or damages, including attorney’s fees and costs of
defense, which the County or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind
or nature arising, not caused by the County or its officers, employees, agents or
instrumentalities out of, relating to, or resulting from the performance of this Agreement
by the Municipality or its employees, agents, servants, partners, principals,
subcontractors, or volunteers. The Municipality shall pay all claims and losses in
connection therewith, and shall investigate and defend all claims, suits, or actions of any
kind or nature in the name of the County in the County’s discretion, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees
which may issue thereon. The Municipality expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the Municipality
shall in no way limit the responsibility to indemnify, keep and save harmless and defend
the County or its officers, employees, agents and instrumentalities as herein provided.
VI. INSURANCE. Applicability of this section of the Agreement affects Grantee
whose combined total award for all Services funded under this Agreement exceed a
$25,000 threshold, as well as Grantees whose total dollar value of all County contracts
exceeds $25,000. If the Municipality’s original total combined award is less than
$25,000, but the Municipality receives additional funding from the County during the
contract period which makes the total combined award exceed $25,000, then the
requirements of this section shall apply automatically at that time.
A. If the Municipality is a Government Entity. If the Grantee is the State of Florida or
an agency or political subdivision of the State as defined by section 768.28, Florida
Statutes, the Grantee shall furnish the County, upon request, written verification of
liability protection in accordance with section 768.28, Florida Statutes. Nothing
herein shall be construed to extend any party's liability beyond that provided in
section 768.28, Florida Statutes. The Grantee shall also furnish the County, upon
request, written verification of Worker’s Compensation protection in accordance with
Florida Statutes, Chapter 440.
B. All Other Grantees. NOT USED
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C. Other Provisions. Compliance with the foregoing requirements shall not relieve the
Grantee of its liability and obligations under this Section or under any other section
of this Agreement.
The County reserves the right to inspect the Grantee’s original insurance policies at
any time during the term of this Agreement.
Failure to Provide Certificates of Insurance. The Grantee shall be responsible for
assuring that the insurance certificates required in conjunction with this Section
remain in force for the duration of the effective term of this Agreement (January 1,
2025 through June 30, 2026). If insurance certificates are scheduled to expire during
the effective term, the Grantee shall be responsible for submitting new or renewed
insurance certificates to the County prior to expiration.
In the event that expired certificates are not replaced with new or renewed certificates
which cover the effective term, the County may suspend the Agreement until such time
as the new or renewed certificates are received by the County in the manner prescribed
herein; provided, however, that this suspended period does not exceed thirty (30)
calendar days. Thereafter, the County may, at its sole discretion, terminate this
Agreement.
VII. PROOF OF LICENSURE/CERTIFICATION AND BACKGROUND SCREENING.
Licensure. If the Municipality is required by the State of Florida or Miami-A.
Dade County to be licensed or certified to provide the services or operate the facilities
outlined in the Scope of Services (Attachment A), the Municipality shall furnish a copy of
all required current licenses or certificates to County within 10(ten) of execution of this
Agreement. Examples of services or operations requiring such licensure or certification
include but are not limited to childcare, day care, nursing homes, and boarding homes.
The County shall not disburse any funds until it is provided with such licenses or
certificates. Failure to provide the licenses or certificates within sixty (60) days of
execution of this Agreement may result in termination of this Agreement at the County’s
sole discretion.
B. Background Screening. Municipality agrees to comply with all federal,
state, and local laws, regulations, ordinances, and resolutions regarding any and all
background screenings of its employees, volunteers, subcontractors, and independent
contractors, including, but not limited to: Florida Statutes, Chapters 39, 393, 394, 397,
402, 408, 409, 413, 429, 430, 435, 775, 782, 787, 800, 826, 827, 943, 984, 985, 1012;
Sections 26-37 through 26-39, 2-8.6.5, and 8A-281 through 8A-287 of the Code of Miami-
Dade County; Titles 58, 59, 63 and 65 of the Florida Administrative Code.
Municipality’s failure to comply with any applicable laws, regulations, ordinances
and resolutions regarding background screening of employees, volunteers,
subcontractors, and independent contractors is grounds for a material breach and
termination of this contract at the sole discretion of the County.
VIII. CONFLICT OF INTEREST. The Municipality agrees to abide by and be
governed by the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance
codified at Section 2-11.1 et al. of the Code of Miami-Dade County, as amended, as well
as with section 617.0832, Florida Statutes, as may be amended, regarding director
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conflicts of interest, which are incorporated herein by reference as if fully set forth herein,
in connection with Municipality’s contract obligations hereunder.
IX. CIVIL RIGHTS. The Municipality agrees to abide by Chapter 11A of the Code
of Miami-Dade County (“County Code”), as amended, which prohibits discrimination in
employment, housing and public accommodations on the basis of race, creed, religion,
color, sex familial status, marital status, sexual orientation, gender identity, gender
expression, domestic or violence dating violence, victim stalking, a as status of
pregnancy, age, ancestry, national origin, disability, or source of income; Title VII of the
Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and
public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. § 6101, as
amended, which prohibits discrimination in employment because of age; Section 504 of
the as amended, Act prohibits 794, which § Rehabilitation 29 1973, of U.S.C.
discrimination on the basis of disability; the Americans with Disabilities Act, 42 U.S.C. §
12103 et seq., which prohibits discrimination in employment and public accommodations
because of disability; and, the Violence Against Woman Act, which offers protection
against discrimination, amongst other things, gender identity or gender expression; the
Federal Transit Act, 49 U.S.C. § 1612, as amended; and the Fair Housing Act, 42 U.S.C.
§ 3601 et seq.
It is expressly understood that upon receipt of evidence of discrimination under
any of these laws, the County shall have the right to terminate this Agreement. It is further
understood that the Municipality must submit an affidavit attesting that it is not in violation
of these Acts. If the Municipality or any owner, subsidiary, or other firm affiliated with or
related to the Municipality, is found by the responsible enforcement agency, the Courts,
or the County to be in violation of these Acts, the County may conduct no further business
with the Municipality. Any contract entered into based upon a false affidavit shall be
voidable by the County. If the Municipality violates any of the Acts during the term of any
contract the Municipality has with the County, such contract shall be voidable by the
County, even if the Municipality was not in violation at the time it submitted its affidavit.
The Municipality also agrees that it is in compliance with the Domestic Violence
Leave, codified as § 11A-60 et seq. of the County Code, which requires an employer,
who in the regular course of business has fifty (50) or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more calendar work
weeks to provide domestic violence leave to its employees. Failure to comply with this
local law may be grounds for voiding or terminating this Agreement or for commencement
of debarment proceedings against Municipality.
NOTICES.X. Any notice, consent or other communication required to be given
under this Agreement shall be in writing, and shall be considered given when delivered in
person or sent by facsimile or electronic mail (provided that any notice sent by facsimile
or electronic mail shall simultaneously be sent personal delivery, overnight courier or
certified mail as provided herein), one (1) business day after being sent by reputable
overnight carrier or three (3) business days after being mailed by certified mail, return
receipt requested, to the parties at the addresses set forth below (or at such other address
as a party may specify by notice given pursuant to this Section to the other party):
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The County: The Municipality:
County Mayor City of Miami Gardens
Miami-Dade County, Stephen P. Clark Center City Manager
111 NW 1 Street, Suite 2910 18605 NW 27th Avenue
Miami, Florida 33128 Miami Gardens, Florida 33356
With a copy to:
Director, Parks, Recreation & Open Spaces Department
275 NW 2nd Street
Miami, Florida 33128
AUTONOMY.XI. that recognizes Agreement this agree The the Parties
autonomy of the contracting parties and stipulates and implies no affiliation between the
contracting parties. It is expressly understood and intended that the Municipality is only
a recipient of funding support and is not an agent, employee, servant or instrumentality
of the County.
All persons engaged in any of the work or services performed pursuant to this Agreement
shall at all times, and in all places, be subject to the Municipality’s sole direction,
supervision, and control. The Municipality shall exercise control over the means and
manner in which it and its employees or volunteers perform the work, and in all respects
the Municipality’s relationship and the relationship of its employees or volunteers to the
County shall be that of an independent Municipality and not as employees, servants, or
agents of the County.
The Municipality does not have the power or authority to bind the County in any promise,
agreement or representation other than specifically provided for in this Agreement.
There shall be no third-party beneficiaries. Nothing in this Agreement shall be construed
for the benefit, intended or otherwise, of any third party.
XII. BREACH OF AGREEMENT: COUNTY REMEDIES.
A. Breach. A breach by the Municipality shall have occurred under this
Agreement if: (1) the Municipality fails to provide the services outlined in the Scope of
Services (Attachment A) or to meet expected performance levels within the Effective
Term of this Agreement; (2) the Municipality ineffectively or improperly uses the County
funds the furnish not does Municipality the allocated Agreement; this under (3)
Certificates of Insurance required by this Agreement or as determined by the County’s
Risk Management Division; (4) if applicable, the Municipality does not furnish proof of
licensure/certification or proof of background screening required by this Agreement; (5)
the Municipality fails to submit, or submits incorrect or incomplete, proof of expenditures
to support disbursement requests or advance funding disbursements or fails to submit or
submits incomplete or incorrect detailed reports of expenditures or final expenditure
reports; (6) the Municipality does not submit or submits incomplete or incorrect required
reports; (7) the Municipality refuses to allow the County access to records or refuses to
allow the County to monitor, evaluate and review the Municipality’s Program; (8) the
Municipality discriminates under any of the laws outlined in Section IX of this Agreement;
(9) the Municipality attempts to meet its obligations under this Agreement through fraud,
misrepresentation, correct fails or material misstatement; (10) the Municipality to
deficiencies found during a monitoring, evaluation or review within the specified time as
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communicated from the County; (11) the Municipality fails to issue prompt payments to
small business contractors or follow dispute resolution procedures regarding a disputed
payment; (12) the Municipality fails to fulfill in a timely and proper manner any and all of
its obligations, covenants, agreements and stipulations in this Agreement. Waiver of
breach of any provisions of this contract shall not be deemed to be a waiver of any other
breach and shall not be construed to be a modification of the terms of this Agreement.
B. County Remedies. If the Municipality breaches this Agreement, the County
may pursue any or all of the following remedies:
1. The County may terminate this Agreement by giving written notice to
the Municipality of such termination and specifying the effective date thereof at least five
(5) days before the effective date of termination. In the event of termination, the County
may: (a) request the return of all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, reports prepared and secured by the Municipality
with County funds under this Agreement; (b) seek reimbursement of County funds
allocated to the Municipality under this Agreement; (c) terminate or cancel any other
contracts enter into between the County and Municipality. The Municipality shall be
responsible for all direct and indirect costs associated with such termination, including
attorney’s fees.
If expected performance levels under this Agreement are not met by Municipality, the
County may also, in the County’s sole discretion, recapture a proportionate amount of
funding.
Any individual or entity who attempts to meet its contractual obligations with the County
through fraud, misrepresentation, or material misstatement may be disbarred from County
contracting for up to five (5) years.
2. The County may suspend payment in whole or in part under this
Agreement by providing written notice to the Municipality of such suspension and
specifying the effective date thereof, at least five (5) days before the effective date of
suspension. If payments are suspended, the County shall specify in writing the actions
that must be taken by the Municipality as condition precedent to resumption of payments
and shall specify a reasonable date for compliance. The County may also suspend any
payments in whole or in part under any other contracts entered into between the County
and the Municipality. The Municipality shall be responsible for all direct and indirect costs
associated with such suspension, including attorney’s fees. If the County suspends
payment and the Municipality continues to provide services pursuant to this Agreement,
the Municipality shall do so at its own risk and understands and agrees that Municipality
may not be reimbursed or may not receive further payments under this Agreement.
3. The County may seek enforcement of this Agreement, including but
not limited to filing an action with a court of appropriate jurisdiction. The Municipality shall
be responsible for all direct and indirect costs associated with such enforcement,
including attorney’s fees.
5. Any other remedy available at law or equity.
C. Authorization to Terminate Agreement. The County Mayor or County
Mayor’s designee is authorized to terminate this Agreement on behalf of the County.
D. Damages Sustained. Notwithstanding the above, the Municipality shall not
be relieved of liability to the County for damages sustained by the County by virtue of any
breach of the Agreement, and the County may withhold any payments to the Municipality
until such time as the exact amount of damages due the County is determined. Any
payments withheld may be applied to offset any amounts due to the County as a result of
such damage or any amounts owed to the County pursuant to any other County contract
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with the Municipality. The County may also pursue any remedies available at law or
equity to compensate for any damages sustained by the breach. The Municipality shall
be responsible for all direct and indirect costs associated with such action, including
attorney’s fees.
XIII. TERMINATION BY EITHER PARTY. Both parties agree that this Agreement
may be terminated for convenience and without cause by either party hereto by written
notice to the other party of such an intent to terminate at least thirty (30) days prior to the
effective date of such termination. The County Mayor or County Mayor’s designee is
authorized to terminate this Agreement on the behalf of the County.
XIV. PAYMENT PROCEDURES AND FINAL REPORT. The County agrees to pay
the Municipality for services rendered under this Agreement in an amount not to exceed
$500,000.
A. Requests for Payment. The County agrees to pay or reimburse all
which County under allowable are Municipality, costs by incurred budgeted the
guidelines, in accordance with the Agreement. When funds are not advanced, in order
to receive payment for all costs, the Municipality shall submit an approved payment
request form to the Department as prescribed by the Department. Reimbursement
requests and accompanying documentation must be received by the Department for
which reimbursement is requested. Payment shall be made by the County Finance
Department the requests, by payment approved of presentation upon operating
services the All Department. and Director/Designee Municipality’s the of Agency
undertaken by Municipality before the County’s execution of this Agreement shall be at
the Municipality’s risk and expense.
B. the from payment for request final A for Request Final Payment.
Municipality will be accepted by the Department up to forty-five (45) days after the
expiration of this Agreement. If the Municipality fails to comply, all rights to payment shall
be forfeited.
C. Final Progress Report/Recapture of Funds. The Municipality shall submit a
final progress report to the Department, no more than forty-five (45) days after the
expiration or termination of this Agreement. The final report shall confirm how the goals
as outlined in the Scope of Service were achieved, including explanations for all
significant outcomes/performance measures, expected shall deviations and from
demonstrate how the funds have been used by reporting actual expenditures. If after
receipt of such final progress report, the Department determines that the Municipality has
been paid funds not in accordance with the Agreement, and to which it is not entitled, the
Municipality shall return such funds to the County or submit appropriate documentation.
The County shall have the sole discretion in determining if the Municipality is entitled to
such funds and the County's decision on this matter shall be binding. Additionally, any
unexpended or unallocated funds shall be recaptured by the County.
XV. PROHIBITED USE OF FUNDS.
Adverse Actions of Proceeding. The Municipality shall not utilize County A.
funds to retain legal counsel for any action or proceeding against the County or any of its
agents, instrumentalities, employees, or officials. The Municipality shall not utilize County
funds to provide legal representation, advice, or counsel to any client in any action or
proceeding against the County or any of its agents, instrumentalities, employees, or
officials.
B. Religious Purposes. County funds shall not be used for religious purposes.
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C. Commingling Funds. The Municipality shall not commingle funds provided
under this Agreement with funds received from any other funding sources.
D. Other. County funds paid pursuant to this Agreement shall not be used for
expenses of or related to: expenses of a personal nature, political and sectarian activities,
lobbying, legal fees, financial investment services, investments, financing costs, bank
fees, debt, mortgages, loans, lines of credit, credit cards, interest payments, late fees or
other penalties, regulatory fines or penalties, tax fees, penalties, or liens, or for activities
prohibited by federal, state or local law, or for any expense(s) not allowable pursuant to
the Municipality’s program budget(s) pursuant to the Scope of Services (Attachment A),
as determined in the sole discretion of the County.
XVI. RECORDS, REPORTS, AUDITS, MONITORING AND REVIEW.
Accounting Records. The Municipality shall keep accounting records which A.
conform with generally accepted accounting principles in the United States, and identify
the County funds and the related expenditures, and income. Notwithstanding Section
XVIII G, all such records will be retained by the Municipality for not less than five (5) years
beyond the term of this Agreement and shall be made available for review upon request
from County authorized personnel. The Municipality’s checks shall be signed by two
authorized check signors.
B. Financial Audit. The County may require the Municipality to have an annual
certified public accountant’s opinion and related financial statements, the Municipality
agrees to provide these documents to the Department no later than one hundred eighty
(180) calendar days following the end of the Municipality’s fiscal year, for each year during
which this Agreement remains in force or until all funds earned from this Agreement have
been so audited, whichever is later. The costs of any audit required pursuant to this
paragraph shall be borne by the Municipality.
C. Access to Records: Audit. The County reserves the right to require the
Municipality to submit to an audit by an auditor of the County’s choosing or approval, and
to review any independent audit performed on the Municipality for reasons of compliance
with funding requirements of any other governmental agency or financial institution. The
Municipality shall provide the County access to all of its records which relate to this
Agreement at its place of business during regular business hours and upon request by
the County. The Municipality agrees to provide such assistance as may be necessary to
facilitate their review or audit by the County to ensure compliance with applicable
accounting and financial standards. The costs of any audit required pursuant to this
paragraph shall be borne by the Municipality.
D. Audits and Internal Reviews by County, Miami-Dade County Inspector
General and the Commission Auditor. The Municipality understands that it may be
subject to an audit, random or otherwise, by the Office of the Miami-Dade County
Inspector General or an Independent Private Sector Inspector General retained by the
Office of the Inspector General, or the County Commission Auditor. The Municipality may
also be subject to an internal review, random or otherwise, by the County.
Office of the Inspector General. The attention of the Municipality is hereby directed to
the requirements of Section 2-1076 of the County Code in that the Office of the Miami-
Dade County Inspector General (IG) shall have the authority and power to review past,
present and proposed County programs, accounts, records, contracts and transactions.
The IG shall have the power to subpoena witnesses, administer oaths and require the
production of records. Upon ten (10) days written notice to the Municipality from IG, the
Municipality shall make all requested records and documents available to the IG for
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inspection and copying.
The IG shall have the power to report and/or recommend to the Board of County
Commissioners whether a particular project, program, contract or transaction is or was
necessary and, if deemed necessary, whether the method used for implementing the
project or program is or was efficient both financially and operationally. Monitoring of an
existing project or program may include reporting whether the project is on time, within
budget and in conformity with plans, specifications, and applicable law. The IG shall
have the power to analyze the need for, and reasonableness of, proposed change
orders.
The IG may, on a random basis, perform audits on all County contracts throughout the
duration of said contract (hereinafter "random audits"). This random audit is separate and
distinct from any other audit by the County. Grant recipients are exempt from paying the
cost of the audit which is normally ¼ of 1% of the total contract amount.
The IG shall have the power to audit, investigate, monitor, oversee, inspect, and review
the operations, activities and performance and procurement process including, but not
limited to, project design, establishment of bid specifications, bid submittals, activities of
the contractor, its officers, agents and employees, lobbyists, County staff and elected
officials in order to ensure compliance with contract specifications and detect corruption
and fraud.
The IG is authorized to investigate any alleged violation by a Municipality of its Code of
Business Ethics, pursuant to Section 2-8.1 of the County Code.
The provisions in this section shall apply to the Municipality, its subcontractors, and their
respective officers, agents, and employees. The Municipality shall incorporate the
provisions in this section in all contracts and all other agreements executed by its
subcontractors in connection with the performance of this Agreement. Any rights that the
County has under this Section shall not be the basis for any liability to accrue to the
County from the Municipality, its subcontractors, or third parties for such monitoring or
investigation of for the failure to have conducted such monitoring or investigation and the
County shall have no obligation to exercise any of its rights for the benefit of the
Municipality, its contractors, or third parties.
Nothing in this Agreement shall impair any independent right of the County to conduct
audit or investigative activities. The provisions of this section are neither intended nor
shall they be construed to impose any liability on the County by the Municipality or third
parties.
Progress Reports. In addition to the final progress report required under E.
Section XIV, the Municipality shall furnish the Department with written monthly progress
reports on the achievement of its goals as outlined in its Scope of Services. The reports
shall explain the Municipality’s progress for that month. The data should be quantified
when appropriate. Said reports are due by the 25th day of the month following the end of
each month. The Department reserves the right to request additional interim reports
identifying achievement of goals and expenditures relating to this Agreement.
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Monitoring: Management Evaluation and Performance Review. This F.
section shall pertain only to Municipalities whose funding allocation under this Agreement
is $10,000 or more or whose funding allocation becomes $10,000 or more during the term
of this Agreement.
The Municipality agrees to permit County personnel to monitor, review and
evaluate the program which is the subject of this Agreement. The Department shall
monitor both fiscal and programmatic compliance with all the terms and conditions of the
Agreement. The Municipality shall permit the Department to conduct unannounced site
visits, client assessment surveys, and other techniques deemed reasonably necessary to
fulfill the monitoring function. A report of the Department’s findings will be delivered to the
Municipality and the Municipality will rectify all deficiencies cited within the period of time
specified in the report. If such deficiencies are not corrected with the specified time and
to the County’s satisfaction, the County may suspend payments or terminate this
Agreement. The Department shall conduct one or more formal management evaluation
and performance reviews of the Municipality. This Agreement will not be considered for
appropriation of future funding unless the Department concludes that the Municipality has
satisfactorily performed the provisions of this Agreement.
XVII. SUBGRANTEES and ASSIGNMENTS.
Subcontracts. The parties agree that no assignment will be made in A.
connection with this Agreement without the prior written approval of the County Mayor or
Mayor’s Designee, whose consent will not be unreasonably withheld or denied, and that
all subcontractors shall be governed by the terms and conditions of this Agreement
B. performance If the Municipality utilizes subgrantees in the of this
Agreement, the Municipality shall file quarterly reports indicating: the amount of money
received from the County under this Agreement and the amount thereof that has been
paid businesses women-owned and Hispanic as to directly performing Black,
subgrantees under the Agreement; and the amount of money received from non-County
sources and the amount thereof that has been paid directly to Black, Hispanic and
Women-owned businesses performing as subgrantees.
C. If this Agreement involves the expenditure of $100,000 or more by the
County and the Municipality intends to use subgrantees to provide the services listed in
the Scope of Services (Attachment A) or suppliers to supply the materials, the Municipality
shall provide the names of the subgrantees or suppliers without prior written approval of
the County
D. The Municipality shall issue prompt payments to subgrantees that are small
businesses (annual gross sales of $750,000 with its principal place of business in Miami-
Dade County) and shall have a dispute resolution procedure in place to address disputed
payments. Failure to issue prompt payments to small business subgrantees or adhere to
dispute resolution procedures may be grounds for suspension or termination of this
Agreement or disbarment.
XVIII. MISCELLANEOUS.
Publicity. It is understood and agreed between the parties hereto that this A.
Municipality is funded by Miami-Dade County. Further, by the acceptance of these funds,
the Municipality agrees that events funded by this Agreement shall recognize the County
as a funding source. The Municipality shall ensure that all publicity, public relations,
advertisements and signs recognize the County for the support of all contracted activities,
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where possible. This is to include, but is not limited to, all posted signs, pamphlets, wall
plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media
packages, promotions, and stationeries. The use of the official County logo is permissible.
The Municipality shall ensure that all media representatives, when inquiring about the
activities funded by this contract, are informed that the County is its funding source.
B. Governing Law, Venue, and Waiver of Jury Trial. This Agreement is made
in the State of Florida and shall be governed according to the laws of the State of Florida.
Proper venue for any lawsuit relating to or resulting from this Agreement shall be Miami-
Dade County, Florida.
Neither the Municipality, subgrantee, nor any other person, corporation, or entity
liable for the responsibilities, obligations, services and representations herein, nor any
assignee, successor, heir or personal representative of the Municipality, subgrantee or
any such other person or entity shall seek a jury trial in any lawsuit, proceeding,
counterclaim or any other litigation procedure based upon or arising out of this Contract,
or the dealings or the relationship between or among such persons or entities, or any of
them. Neither Municipality, subgrantee, or any such person or entity will seek to
consolidate any such action in which a jury trial has been waived. The provisions of this
paragraph have been fully discussed by the parties hereto, and the provisions hereof shall
be subject to no exceptions. No party has in any way agreed with or represented to any
other party that the provisions of this paragraph will not be fully enforced in all instances.
C. Modifications and Change Orders. Any alterations, variations,
modifications, extensions or waivers of provisions of this Agreement, including but not
limited to the Scope of Services, amount payable, and Effective Term shall only be valid
when they have been reduced to writing, duly approved and signed by both Parties and
attached to the original of this Agreement.
The County and Municipality mutually agree that modification of the Scope of
Service, schedule of payment, billing and cash payment procedures, set forth herein and
other such revisions may be negotiated as a written amendment to this Agreement
between the parties.
Only the County Mayor or the County Mayor’s designee is authorized to make
alterations, modifications, this of provisions of variations, or extensions waivers
Agreement on behalf of the County. However, the Board of County Commissioners must
approve any increase in the total amount payable under this Agreement.
The Office of the Inspector General shall have the power to analyze the need for,
and the reasonableness of proposed change orders.
D. Applicable laws or ordinances. The Municipality agrees to abide by and
comply with any and all applicable Federal, State, and local laws, rules, regulations,
ordinances, resolutions, and rules which may pertain to this Agreement, whether or not
such laws, rules, regulations, ordinances, resolutions, or rules are expressly mentioned
in this Agreement.
E. Headings, Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of
the provisions of this Agreement. Wherever used herein, the singular shall include the
plural and plural shall include the singular, and pronouns shall be read as masculine,
feminine, or neutral as the context requires.
F. Sovereign Immunity. Nothing in this Agreement shall be considered a
waiver of sovereign immunity.
G. Public Records. Pursuant to Section 119.0701 of the Florida Statutes, if the
Municipality meets the definition of “Contractor” as defined in Section 119.0701(1)(a), the
Municipality shall:
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Keep and maintain public records that ordinarily and necessarily would be (1)
required by the County in order to perform the service;
Upon request from the County’s custodian of public records identified (2)
herein, provide the County with a copy of the requested records or allow the public with
access to the public records on the same terms and conditions that the County would
provide the records and at a cost that does not exceed the cost provided in the Florida
Public Records Act, Miami-Dade County Administrative Order No. 4-48, or as otherwise
provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of this Agreement’s term and following completion of the services under this
Agreement if the Municipality does not transfer the records to the County; and
(4) Upon completion of the Contract, transfer, at no cost, to the County all public
records created, received, maintained and/or directly related to the performance of this
Agreement that are in possession of the Municipality, or keep and maintain such public
records. If Municipality transfers all public records to the County upon completion of the
Contract, the Municipality shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Municipality
keeps and maintains the public records upon completion of the Contract, the Municipality
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County’s custodian
of public records, in a format that is compatible with the information technology systems
of the County.
For purposes of this Article, the term “public records’” shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business of the COUNTY.
Municipality’s failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Municipality does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the County may, at the
County’s sole discretion, avail itself of any of the remedies for breach set forth under this
Agreement or available at law or equity.
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IF THE MUNICIPALITY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
MUNICIPALITY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE COUNTY’S CUSTODIAN OF PUBLIC
RECORDS AT:
Miami-Dade County
Parks, Recreation & Open Spaces Department
275 N.W. 2nd Street
Miami, Florida 33128
Attention: David Livingstone
Email: David.Livingstone@miamidade.gov
H. Review of this Agreement. Each party hereto represents and warrants that
they have consulted with their own attorney concerning and participated in the drafting of
each of the terms contained in this Agreement. No inference, assumption, or presumption
shall be drawn from the fact that one party or its attorney prepared this Agreement. It shall
be conclusively presumed that each party participated in the preparation and drafting of
this Agreement.
I. Survival. The parties acknowledge that any of the obligations in this
Agreement, including but not limited to Municipality’s obligation to indemnify the County,
will survive the term, termination, and cancellation hereof. Accordingly, the respective
obligations of the Municipality under this Agreement, which by nature would continue
beyond the termination, cancellation or expiration thereof, shall survive termination,
cancellation or expiration hereof.
J. Totality of Agreement / Severability of Provisions. This fifteen (15) page
Agreement with its recitals on the first page of the agreement and with its attachments as
referenced below contain all the terms and conditions agreed upon by the parties:
Attachment A: Scope of Services
I. No other Agreement, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of
this Agreement is held invalid or void, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
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IN WITNESS THEREOF, the parties through their duly authorized representatives hereby
execute this AGREEMENT with an effective date of _________________, 20___.
ATTEST:
City of Miami Gardens, a Florida municipal
corporation
By: _____________________________
Rodney Harris
Mayor
Date
By: _____________________________
Mario Bataille
City Clerk
Date
By: _____________________________
Cameron D. Benson
City Manager
Date
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By: _____________________________
Sonja Dickens
City Attorney
Date
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MIAMI-DADE COUNTY, FLORIDA
By: _____________________________ _________
County Mayor or Mayor’s Designee Date
Roy Coley, Chief Utilities and
Regulatory Services Officer
Approved as to form and Legal Sufficiency:
By: _____________________________ _________
Assistant County Attorney Date
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, FL 33128
ATTEST: JUAN FERNANDEZ BARQUIN
CLERK OF THE COURT AND COMPTROLLER
By:________________________ __________
Deputy Clerk Date
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2025 Jazz in the Gardens
Attachment A
Scope of Services
The City of Miami Gardens will use the funds to support the continued success of Jazz in the Gardens
Music Festival, a major cultural and entertainment event that has become an iconic fixture in the region.
The funds will be allocated explicitly to three critical areas, which will help mitigate rising costs and
ensure the festival maintains its high standards of excellence.
A portion of the funds will be used to secure comprehensive event insurance. The amount allocated is
$50,000. Given the scale of Jazz in the Gardens, which attracts thousands of attendees, this insurance is
essential to protect the city, performers, vendors, and guests from unforeseen risks and liabilities. The
costs associated with securing adequate coverage have increased over time, and funding for this
purpose will ensure the event remains fully protected.
Another critical area of funding will be used to cover a portion of the producer fee, at $250,000. The
production team is integral to the festival's success, overseeing all aspects including securing talent, site
logistics, and ticket management. The producer's role ensures that JITG Music Fest continues to deliver a
high-quality experience and attracting top-tier performers. These funds will ensure the city can continue
hiring experienced professionals to manage the complexities of such a large-scale production.
Funds will also be allocated toward rental costs for event equipment and infrastructure. The amount
allocated is $200,000 and includes critical services such as lighting, chairs, tents, fencing, and other
necessary infrastructure to accommodate the large (and ADA) crowd. These services ensure the venue is
safe, accessible, and comfortable for attendees. The funds will allow the city to maintain these high
standards, integral to providing a top-tier festival experience.
While the City of Miami Gardens has worked diligently to secure competitive pricing through a
comprehensive market process, specific challenges remain in controlling costs. Factors such as the
exclusivity of stadium/vendor contracts and the premium quality of services required for an event of this
scale have made it necessary to invest in higher-cost services. These investments are essential for the
event's success and sustainability, as without them, the festival could not proceed with the level of
quality expected by its attendees.
In conclusion, the funds allocated by Miami-Dade County will be instrumental in sustaining Jazz in the
Gardens Music Festival, ensuring that it remains a signature event in Miami Gardens and continues to
enrich the region’s cultural landscape for years.
Program Budget
Expenses Budget Amount Miami-Dade County
Allocation
Miami Gardens
Allocation
Event Insurance 200,000 50,000 150,000
Producer Fee 500,000 250,000 250,000
Event Equipment 450,000 200,000 250,000
Totals 1,150,000 500,000 650,000
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