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HomeMy WebLinkAboutItem J-1 Resolution: Carol City Community Center Construction GrantCity of ~Vliami Gard~ens 1515-200 NW 167~h Street Miami Gaxdens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Sharon Pritchett Councilwoman Barbara Watson Councilman Andre Williams MEMORANDUM To: The Honorable Mayor and City Council From: Dr. Danny O. Crew, City Manager Date: February 28, 2007 Re: Interlocal Agreement with Miami-Dade County for Construction Grant re: Carol City Community Center Backqround: In 1994, the Neighborhood Track Club (the "Club") was awarded a community based organization grant by Miami Dade County Parks & Recreation Department (via County Resolution No. R-1599-94) for the construction of a running track at Brenfinrood Park. Consequently, the Club and County Parks Department agreed to reallocate the grant funds towards the design and construction of a track at the proposed Carol City Community Center. Although the plan was approved in 2002 and the dry run permitting process completed, the project was stalled due to funding deficiencies. Later, the parks were transferred to the City of Miami Gardens upon its incorporation. However, neither the Club nor the City received the allocated and awarded funds. The County's Office of Strategic Business Management and Office of Annexation and Incorporation have agreed that the transfer of funding was appropriate and on January 25, 2007, the Board of County Commissioners approved Resolution No. R-49-7 authorizing the transfer of $74,807 for the construction of the track at the Carol City Community Center. RECOMMENDATION: It is recommended that the City Council approve the proposed resolution and Interlocal agreement between the City of Miami Gardens and Miami- J-1) CONSENT AGENDA RESOLUTION CAROL CITY COMMUNITY CENTER CONSTRUCTION GRANT Dade County for the transfer of funding towards construction of a running track at Carol City Community Center. DC:AP RESOLUTION No. 2006- 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 BETWEEN THE CITY OF MIAMI GARDENS, FLORIDA, AND MIAMI-DADE COUNTY, FOR FUNDING FOR THE CAROL CITY COMMUNITY CENTER FOR THE CONSTRUCTING OF A RUNNING TRACK, IN THE AMOUNT OF $74,807.00, 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 DAT~. 1 WHEREAS, in 1994, the Neighborhood Track Club (the "Club") was awarded a 2 community based organization grant by Miami Dade County Parks & Recreation 3 Department (via County Resolution No. R-1599-94) for the construction of a running 4 track at Brentwood Park, and 5 WHEREAS, subsequently, the Club and County Parks Department agreed to 6 reallocate the grant funds towards the design and construction of a track at the 7 proposed Carol City Community Center, but that project was stalled due to funding 8 deficiencies, and 9 WHEREAS, although the parks were later transferred to the City of Miami 10 Gardens upon its incorporation, neither the Club nor the City received the allocated and 11 awarded funds, and 12 WHEREAS, the Board of County Commissioners approved Resolution No. R-49- 13 7 authorizing the transfer of $74,807 for the construction of the track at the Carol City 14 Community Center, 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA, as follows: 18 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2. AUTHORITY: The Mayor and City Clerk are hereby authorized and 22 directed to execute and attest, respectively, that certain Interlocal Agreement befinreen 23 the City of Miami Gardens, Florida, and Miami-Dade County, for funding, for the carol 24 City Community Center for the constructing of a running track, in the amount of 25 $74,807.00, a copy of which is attached hereto as Exhibit A. 26 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 27 authorized to obtain three (3) fully executed copies of the subject Agreement, with one 28 to be maintained by the City; with one to be delivered to Miami-Dade County, and with 29 one to be directed to the Office of City Attorney. 30 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 10, 2007. 34 35 36 37 38 39 40 41 42 43 ATTEST: RONETTA TAYLOR, CMC, CITY CLERK SHIRLEY GIBSON, MAYOR 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Danny Crew, City Manager 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) 127563_1 61 INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI GARDENS (Carol Citv Communitv Center Track) This Agreement, made this day of , 2007, between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") located at 111 N.W. 1 S` Street, Miami, FL 33128-1912, and the City of Miami Gardens having offices at 1515 N.W. 167th Street, Suite 201, Miami Gardens, FL 33169 (hereinafter referred to as "City"). WHEREAS, City is planning to construct a running track (hereinafter referred to as the "track") at the Carol City Community Center, N.W. 199`h Street and N.W. 27tn Avenue, in the City of Miami Gardens, and WHEREAS, the County is desirous of assisting the City in constructing the track by providing seventy-four thousand, eight hundred and seven dollars ($74,807) in funding; NOW THEREFORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE. Subject to the annual budgetary appropriation, the County agrees to pay to the City an amount not to exceed $74,807, for the construction of the track as described in Attachment A. It is expressly understood that the County shall not be responsible for any costs in excess of $74,807 incurred in the construction of the rack as described in Attachment A. Both parties agree that should the County reduce any funding, the budget for the project, and the total project cost, shall also be proportionately reduced at the option of the City. II. SCOPE OF SERVICES. The City agrees to construct the track in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. III. BUDGET SUMMARY. The City agrees that all revenues received from the County shall be transmitted in accordance with the Budget, which is attached herein and incorporated hereto as Attachment B. IV. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement will begin after the document is adopted by the City of Miami Gardens and will end on the earlier of the following two dates: (1) March 31, 2010 or (2) the date on which the City of Miami Gardens obtains a Certificate of Occupancy or equivalent document for the Scope of Work described in Attachment A of this Agreement. V. 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, Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 agents, servants, partners, principals or subcontractors. 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. VI. NOTICES. It is understood and agreed between the parties that any written notice delivered hereunder, when addressed and mailed or delivered to the parties at the following addresses is su~ciently delivered: City: Danny O. Crew City Manager City of Miami Gardens 1515 N.W. 167th Street, Suite 201 Miami Gardens, Florida 33169 Copy To: Sonja K. Dickens, Esq., City Attorney C/o Arnstein & Lehr, LLP 200 East Las Olas Blvd Suite 1700 Fort Lauderdale, FL 33301 County: Vivian Donnell Rodriguez Director Miami-Dade County Park and Recreation Department 275 N.W. Second Street Miami, Florida 33128 VII. 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. VIII. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the City shall have occurred under this Agreement if (1) the City fails to construct the track in accordance with the requirements of Attachment A; (Z) the City ineffectively or improperly uses the County funds allocated under this Agreement for any purpose other than the construction of the track; (3) the City refuses to allow the County access to records relating to this Agreement and the construction of the track; (4) the City attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; (5) the City 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 Agreement shall not be Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 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; 2. The County may suspend payment in whole or in part under this Agreement by providing written notice to the City of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. All payments to City as of the date of suspension of~ payment shall cease. If payments are suspended, the County shall specify in writing the actions that must be taken by the City as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The City shall be responsible for all direct and indirect costs associated with such suspension, 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. The County Manager is authorized to suspend payment under this Agreement on behalf of the County and take all other necessary or appropriate action under this Agreement, except as provided in this paragraph. Termination of this Agreement by the County shall require approval by the Board of County Commissioners. D. The City Manager is authorized to suspend this Agreement on behalf of the City. Termination of this Agreement by the City shall require City Council action. E. Damaqes Sustained. Nofinrithstanding 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, and the County may withhold any payments to the City until such time as the exact amount of damages due the County is determined. 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. IX. 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. Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 X. 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 Board of County Commissioners, the City Manager shall submit a letter to the Director of the County Park and Recreation Department requesting the payment of the total approved funding, i.e., $74,807, to be released to the City solely for the purposes stated herein. B. No Pavment of Subcontractors. In no event shall County funds be advanced directly to any subcontractor to any City agreements entered into hereunder. C. Closeout Report/Recapture of Funds. The City shall submit a Closeout Report to the County no more than forty-five (45) days after the expiration of this Agreement. This report shall include a Certificate of Occupancy stating that the structure described in Exhibit A has been completed. XI. USE OF FUNDS A. 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. B. Religious Purposes. County funds shall not be used for religious purposes. C. City shall use County funds only for the construction of the track described in Attachment 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. XII. RECORDS, REPORTS, AUDITS, MONITORING AND REVIEW. Office of Miami-Dade Countv 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'/ 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. Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 4 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, b id 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. 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. XIII. MISCELLANEOUS A. Publicit . It is understood and agreed between the parties hereto that this Carol City track is funded in part by Miami-Dade County. Further, by the acceptance of these funds, the City agrees that events funded by this Agreement shall recognize the County as a funding source. The City shall ensure that all publicity, public relations, advertisements and signs recognize the County for the support of all contracted activities. 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. Aqreement 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. Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 5 C. The County Manager is authorized to execute and modify 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/Severabilitv of Provisions. This seven (7) 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 Attachment B: County Funds and Distribution Schedule 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. Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 ( IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective and duly authorized officers as of the d ay and year first above written. Attest: CITY OF MIAMI GARDENS A municipal corporation By: bY~ City Clerk City Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney ATTEST: MIAMI-DADE COUNTY, FLORIDA A political subdivision of the State of Florida HARVEY RUVIN, CLERK By: bY~ Deputy Clerk County Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By County Attorney Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 ~ ATTACHMENT A SCOPE OF SERVICES (Carol City Community Center Track) The City shall construct a track at the Carol City Community Center at N.W. 199th Street and N.W. 27th Avenue to assist in the provision of track opportunities and to enhance the Park with a new facility benefiting the residents of Miami Gardens. The City anticipates that the track shall include: 400 meter, 8 lane recreational (asphalt with rubber or polyutherane surFace) Rubberized running track for basic competition Long jump area Sodding and irrigation Drainage Lighted parking lot Accessible route Walkway, landscaping, & utilities Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06 ATTACHMENT B County Funds and Distribution Schedule (Carol City Community Center Track) REVENUE SOURCE FY 06-07 Miami-Dade County $ 74,807.00 Agmt w/ Miami Gardens / Carol City Community Pk track.doc 2/06