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HomeMy WebLinkAboutItem J-1 Resolution: QNIP Interlocal AgreementCity of ~Vliami ~ard'ens 1515-200 NW 167th Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Barbara Watson Councilwoman Sharon Pritchett Councilman Andr~ Williams MEMORANDUM To: The Honorable Mayor and City Council From: Dr. Danny O. Crew, City Manager Date: February 14, 2007 Re: Interlocal Agreement with Miami-Dade County for $1,725,636 for Distribution of Quality Neighborhood Improvement (QNIP) Funds Backqround: In July of 2004, park property from Miami Dade County transferred to the City of Miami Gardens. As several renovation projects were scheduled and/or underway with applicable funding streams, County and City staff worked diligently to reconcile outstanding balances, allocated for now-City parks. Miami Dade County Resolution 180- 04 authorized the allocation of QNIP monies for certain projects within the City and further authorized the County Manager to negotiate and execute all necessary documents with the City towards the distribution of such funds. The County and City staff agree that there is a remaining balance of $1,725,636 for previously planned projects (Exhibit A of the Agreement), which are proceeds from the Series 1999 and 2002 Public Service Tax Revenue Bonds. As the City is now the owner of such park system, we are now responsible to continue with its renovation. The proposed resolution proffers an interlocal agreement befinreen Miami Dade County and the City of Miami Gardens for the distribution of QNIP monies in an amount not to exceed $1,725,636 towards the construction/renovation of various park projects. According to the Office of Incorporation and Annexation with the County's Department of Strategic Business Management, the interlocal agreement must be approved by the City Council prior to review as a resolution before the Board of County Commissioners. J-1) CONSENT AGENDA RESOLUTION QUIP INTERLOCAL AGREEMENT RECOMMENDATION: It is recommended that the City Council approve the proposed resolution and interlocal agreement, befinreen the City of Miami Gardens and Miami- Dade County for the transfer of funding towards construction/renovation at various City park projects. DC:AP 2 RESOLUTION No. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR $1,725,636 FOR DISTRIBUTION OF QUALITY NEIGHBORHOOD IMPROVEMENT (QNIP) FUNDS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, in July, 2004, Miami-Dade County transferred several park properties to the City of Miami Gardens, and WHEREAS, the time the parks were transferred, the County had scheduled several renovation projects for the parks, and WHEREAS, the County intends to provide funding for the renovation work that is scheduled at those parks in the amount of $1,725,636 from the Series 1999 and 2002 Public Service Tax Revenue Bonds, and WHEREAS, the County and the City need to enter into an interlocal agreement for the purpose of the distribution of the QNIP funding, 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. 15 Section 2. AUTHORITY: The Mayor and City Clerk are hereby authorized and 16 directed to execute and attest, respectively, that certain interlocal agreement with 126553_1(2) 17 Miami-Dade County for $1,725,636 for distribution of Quality Neighborhood 18 Improvement (QNIP) funds, a copy of which is attached hereto as Exhibit A. 19 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 20 authorized to obtain three (3) fully executed copies of the subject Agreement, with one 21 to be maintained by the City; with one to be delivered to Miami-Dade County, and with 22 one to be directed to the Office of City Attorney. 23 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 24 upon its final passage. 25 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 26 GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 14, 2007. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: RONETTA TAYLOR, CMC, CITY CLERK SHIRLEY GIBSON, MAYOR Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: MOVED BY: VOTE: Mayor Shirley Gibson Vice Mayor Oscar Braynon, II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Andre Williams Councilwoman Sharon Pritchett Councilwoman Barbara Watson (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) 126553_1(2) INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI GARDENS FOR DISTRIBUTION OF QUALITY NEIGHBHORHOOD IMPROVEMENT FUNDS NIP This Agreement, made this day of , 2007, by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") located at 111 N.W. 15t Street, Miami, FL 33128- 1912, and the City of Miami Gardens having offices at 1515 N.W. 167~' Street, Miami Gardens, FL 33169 (hereinafter referred to as "City"). WHEREAS, the unincorporated portion of District 1 which comprises the incorporated City of Miami Gardens, Florida was given commitments prior to incorporation as projects to be funded in whole or in part in such portion of District 1 from the proceeds of the County's Public Service Tax Revenue Bonds (UMSA Public Improvements), Series 1999 and Public Service Tax Revenue Bonds (UMSA Public Improvements), Series 2002 (the "County Bonds"); and WHEREAS, Miami-Dade County Resolution 180-04 authorized allocation of QNIP monies for certain projects within the City and authorized the County Manager to negotiate and execute all necessary contract documents with the City, and WHEREAS, the Miami-Dade County Park and Recreation Department has worked with the City to complete as many projects as financially feasible, WHEREAS, the City has requested that the remaining balance in the QNIP fund for Parks related projects be disbursed to the City for use on parks projects until the amount is depleted, NOW THEREFORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: AMOUNT PAYABLE. The County agrees to disburse to the City an amount not to exceed $1,725,636 to fund, in whole or in part, the construction or rehabilitation of park projects within the parks in the List of Proposed Project Locations in Exhibit A. It is expressly understood that the County shall not be responsible for any costs in excess of $1,725,636 incurred in the construction/renovation of park projects within the parks in Exhibit A. The City shall be responsible for the construction or rehabilitation of park projects within the parks in Exhibit A. The parties agree that Exhibit B discloses the projects within the City that were constructed or rehabilitated in whole or in part with QNIP dollars by the County. II. SCOPE OF SERVICES. The City agrees to only use these funds for the construction/renovation of those projects provided in the List of Proposed Project Locations, which is incorporated herein and attached hereto as Exhibit A. III. EFFECTIVE TERM. The effective term of this Agreement shall be from , 2007 to , 2007. IV. INDEMNIFICATION BY CITY. A. Government Entitv. City 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 and appeal, 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 out of, relating to or resulting from the performance of this Agreement by City or its employees, agents, servants, partners, principals or subcontractors or any other third party. City 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, where applicable, including appellate proceedings and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, the indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes. B. Term of Indemnification. The provisions of this section of indemnification shall survive the expiration or termination of this Agreement. V. NOTICES. It is understood and agreed between the parties that any written notice delivered hereunder, when addresses and mailed or delivered to the parties at the following addresses is sufficiently delivered: City: City of Miami Gardens 1515 N.W. 167th Street, Bldg. 5 Miami Gardens, FL 33169 Copy To: Sonja K. Dickens, Esq., City Attorney c/o James C. Brady & Associates 501 Northeast 8th Street Fort Lauderdale, FL 33304 County: Sarah Ingle, Assistant Director Incorporation and Annexation Office of Strategic Business Management 111 N.W. 15t Street, 22"d Floor Miami, FL 33128 VI. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the City is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the City's agents and employees are not agents, employees nor is the City an instrumentality of the County. VII. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the City shall have occurred under this Agreement if (1) the City uses the County funds allocated under this Agreement ineffectively, improperly, and/or for any purpose other than the construction or renovation of parks projects as listed in the Exhibit A; (2) the City refuses to allow the County access to records relating to this contract and the construction/renovation of parks projects; (3) the City attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; (4) the City fails to fulfill in a proper manner any and all of its obligations, 2 covenants, agreements and stipulations in this Agreement. Waiver of breach of any provisions of this Agreement 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. Countv Remedies. If the City 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 City 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 City shall reimburse the County for all County funds allocated to the City under this agreement. The City shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 3. The County may seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. The City shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. Any other remedy available at law or equity. C. Damaqes Sustained. Notwithstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of this Agreement. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The City shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. VIII. TERMINATION BY EITHER PARTY. Both parties agree that this Agreement may be terminated for cause by either party hereto by written notice to the other party of such intent to terminate at least five (5) days prior to the effective date of such termination. IX. PAYMENT PROCEDURES. The County agrees to pay the City for services rendered under this Agreement based on the procedures outlined below: A. Upon approval of this Agreement by the Miami-Dade County Board of County Commissioners, the City Manager shall submit a letter to the Assistant Director, Incorporation and Annexation Unit, Office of Strategic Business Management requesting the payment of the total approved funding, $1,725,636, to be released to the City solely for the purposes stated herein. B. No Payment of Subcontractors. In no event shall County funds be advanced directly to any subcontractor to any City agreements entered into hereunder. X. USE OF FUNDS A. City shall only use County funds for the construction/renovation of park projects described in Exhibit A. It is expressly understood that County funds shall not be used in any way at any other City owned facilities. In the event the County in its sole discretion determines the City has used funds in a manner that is not authorized by this Agreement, the City agrees to reimburse the County in full for any amounts used by the City in a manner not authorized by this Agreement. 3 B. Adverse Actions or Proceeding. The City shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The City shall not utilize County funds to provide legal representation, advice or counsel or any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. C. Religious Purposes. County funds shall not be used for religious purposes. XI. RECORDS. REPORTS. AUDITS. MONITORING AND REVIEW. A. Office of Miami-Dade County Inspector General. Miami-Dade County has established the Office of Inspector General, which is empowered to perForm random audits on all County Agreements throughout the duration of each Agreement. Grant recipients are exempt from paying the cost of the audit, which is normally '/4 of 1% of the total Agreement amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, agreements, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Agreement. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the City, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with Agreement specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the City from the Inspector General or Independent Private sector Inspector General (IPSIG) retained by the Inspector General, the City shall make all requested records and documents solely related to this Agreement available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the City's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of this Agreement, including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and Agreement documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 4 The provisions in this section shall apply to the City, its officers, agents, employees, subcontractors and suppliers. The City shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the City in connection with the perFormance of this Agreement. XII. MISCELLANEOUS A. Publicitv. It is understood and agreed befinreen the parties hereto that the park projects in Exhibits A& B are funded in whole or in part by Miami-Dade County. Further, by the acceptance of these funds, the City recognizes the County as the funding source of the construction or rehabilitation of the projects listed in Exhibit B and the City recognizes the County as a funding source of the construction and rehabilitation of the list of proposed projects in the locations listed in Exhibit A. The City shall ensure that all publicity, public relations, advertisements and signs recognize the County for the support of the listed projects. 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 stationery. The use of the official County logo is permissible. The City shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County is a funding source. B. Aareement Guidelines. 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 this Agreement shall be Miami-Dade County, Florida. C. The County Manager is authorized to make modifications to this Agreement on behalf of the County. D. Headinqs, Use of Sinqular 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 neuter as the context requires. E. Totalitv of Aqreement/Severability of Provisions. This eight (8) page Agreement with its recitals on the first page of the Agreement and with its Exhibits as referenced below contain all the terms and conditions agreed upon by the parties. It is expressly agreed that this agreement supersedes any other interlocal agreement relating to the use of QNIP funds befinreen Miami-Dade County and the City of Miami Gardens. Exhibit A: List of Proposed Projects Exhibit B: List of Previously Completed Projects 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective and duly authorized officers as of the day and year first above written. Attest: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney MIAMI-DADE COUNTY A political subdivision of the State of Florida By it's Board of County Commissioners: By: County Manager ATTEST: HARVEY RUVIN, CLERK By: County Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By County Attorney CITY OF MIAMI GARDENS a municipal corporation By: City Mayor 6 Exhibit A: List of Proposed Project Locations BRENTWOOD PARK BUCCANEER PARK BUNCHE PARK MIAMI CAROL CITY PARK CAROL CITY COMMUNITY CENTER PARK CAROL CITY COMMUNITY CENTER PARK MIAMI CAROL CITY PARK Exhibit B: List of Previously Completed Projects MYRTLE GROVE PARK Security Lighting MYRTLE GROVE PARK Playground NORWOOD PARK Sign Replacement RISCO PARK Sign Replacement ANDOVER PARK B-ball Court resurtacing ANDOVER PARK Playground, landscaping, walkway ANDOVER PARK Water fountain BRENTWOOD PARK Field Center & lighted parking lot BRENTWOOD PARK Park Sign BUCCANEER PARK Access control BUNCHE PARK Security lighting CAROL PARK Recreation Center VISTA VERDE Sign Replacement