HomeMy WebLinkAboutItem J-8 Resolution: Scott Lake Park (GOB)City of ~Vliami ~ard~ens
1515-200 NW 167~ Street
Miami Gardens, 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: January 24, 2007
Re: Interlocal Agreement with Miami-Dade County for Building Better
Communities Bond Program - Scott Lake Park
Backqround:
On November 2, 2004, Miami Dade County residents approved the Building Better
Communities General Obligation Bond (GOB) Program. As a result, the City of Miami
Gardens will receive approximately $9.83M over the next five years, which covers the
design and construction for seventeen (17) park projects.
The Administrative Rules for the Building Better Communities Program have been
established and approved by the Board of County Commissioners. As a condition of the
bond program, the City must enter into an Interlocal agreement with Miami Dade County
which sets forth the responsibilities and duties regarding the administration of the
approved project and approved funding Allocation. The agreement specifies the
projects' timeframes, payment terms, budget changes, etc.
The attached resolution requests the authorization of the City Council to allow the City
Manager to enter into an Interlocal agreement for the disbursement of approximately
$191,000 from the Series B Bonds towards ongoing construction costs.
RECOMMENDATION: It is recommended that the City Council approve the proposed
resolution and Interlocal agreement befinreen the City of Miami Gardens and Miami-
J-8) CONSENT AGENDA
RESOLUTION
SCOTT LAKE PARK (GOB)
Dade County for the project titled "Scott Lake Park" in relation to the Building Better
Communities General Obligation Bond.
DC: AP
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER 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 FROM THE BUILDING
BETTER COMMUNITIES GENERAL OBLIGATION BOND (GOB)
PROGRAM IN THE AMOUNT OF $191,000 FROM SERIES B
BONDS FOR ONGOING CONSTRUCTION COSTS ASSOCIATED
WITH SCOTT LAKE PARK, 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 WHEREAS, on November 2, 2004, Miami-Dade County residents approved the
2 Building Better Communities General Obligation Bond (GOB) Program, and
3 WHEREAS, as a result of the bond approval, the City of Miami Gardens is to
4 receive approximately $9.83 million dollars over five (5) years to cover the design and
5 construction for 17 City park projects, and
6 WHEREAS, in order to outline the duties and responsibilities of both the County
7 and the City, it is necessary that the City enter into an Interlocal Agreement with Miami-
8 Dade County for this purpose,
9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
10 OF MIAMI GARDENS, FLORIDA, as follows:
11 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
12 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
13 made a specific part of this Resolution.
14 Section 2. AUTHORITY: The City Manager and City Clerk are hereby
15 authorized and directed to execute and attest, respectively, that certain Interlocal
16 Agreement beiween the City of Miami Gardens, Florida, and Miami-Dade County, for
17 funding from the Building Better Communities General Obligation Bond (GOB) Program
18 in the amount of $191,000 from Series B Bonds for ongoing construction costs
19 associated with Scott Lake Park, a copy of which is attached hereto as Exhibit A.
20 Section 3. fNSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
21 authorized to obtain three (4) fully executed copies of the subject Agreement, with two
22 to be maintained by the City; with one to be delivered to Miami-Dade County, and with
23 one to be directed to the Office of City Attorney.
24 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
25 upon its final passage.
26 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
27 GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 10, 2007.
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SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY:
MOVED BY:
SECONDED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
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Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbeli (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
125457_1. DOC
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AGREEMENT
BETWEEN
THE CITY OF MIAMI GARDENS, FLORIDA
AND
MIAMI-DADE COUNTY
GOB Project Number 54-71068/Park Renovations and Improvements
Scott Park
THIS AGREEMENT (the "Agreement") by and between Miami-Dade County, a politicai
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 Commissioners of the City of Miami Gardens,
Florida (the "Municipality") is entered into this day of , 2006.
WITNESSETH
WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-913-
04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing the
issuance of $2.926 billion in general obligation bonds for capital projects and on November
2, 2004, a majority of those voting approved the bond program (the "BBC GOB Program");
and
WHEREAS, the aforementioned Resolutions include specific countywide projects,
neighborhood projects for the Unincorporated Municipal Service Area and municipalities
and associated allocations for activities such as but not limited to development,
improvement, rehabilitation, restoration or acquisition of real property; and
WHEREAS, GOB Project Number 54/Park Renovations and Improvements, (the
"Project") is eligible for funding from the BBC GOB Program in a total amount not to
exceed $9,831,000 (the "Funding Allocation"); and
WHEREAS, the Municipality is undertaking completion of park improvements to all
16 parks in the City of Miami Gardens to include; Rolling Oaks Park (the "Project 54-
70551 "), Vista Verde Park (the "Project 54-71052"), Andover Park (the "Project 54-71053"),
Brentwood Park (the "Project 54-71054"), Brentwood Pool (the "Project 54-71055"),
Buccaneer Park (the "Project 54-71056"), Bunche Park (the "Project 54-71057"), Bunche
Pool (the "Project 54-71058"), Carol City Community Center (the "Project 54-71059"), Carol
City Park (the "Project 54-71060"), Coral Park (the "Project 54-71061 "), Cloverleaf Park
(the "Project 54-71062"), Lake Lucerene Park (the "Project 54-71063"), Myrtle Grove Park
(the "Project 54-71064"), Myrtle Grove Pool (the "Project 54-71065"), Optimist Park (the
"Project 54-71066"), Norwood Pool and Park (the "Project 54-71063"), Scott Park (the
Building Better Communities Municipal Agreement 1 of 10
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"Project 54-71063"), which were specifically approved as part of the BBC GOB Program or
are eligible for funding from one of the programs to be funded under the BBC GOB
Program, each as part of the Project; and
WHEREAS, the Project as a whole is estimated to cost $34,664,000 (the "Total
Project Cost"). Project 54-71068 is estimated to cost $221,000 and will be funded from the
sources listed in Exhibit 1; and
WHEREAS, pursuant to the terms of this Agreement the County has agreed to
allocate $61,000 from the Series 2005 Bonds for Project 54-71068 (the "Funding Cycle
Allocation"); and
WHEREAS, the Commissioners of both the County and the Municipality have
authorized, by resolution, their respective managers to enter into this Agreement for each
Funding Cycle Allocation describing their respective roles in the funding for the Project
costs with respect to such Funding Cycle Allocation,
NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically
authorizes the County Manager to execute such agreements, sub-agreements and other
required contracts and documents, to expend Building Better Communities bond funds
received for the purpose described in the funding request, and in consideration of the
mutual promises and covenants contained herein and the mutual benefits to be derived
from this Agreement, the parties hereto agree as follows:
Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles
and obligations regarding the funding being provided with respect to Project 54-
71068.
Section 2. Funding Responsibilities:
a. Project Funding Plan: A Project 54-71068 funding plan identifying
the Funding Allocation to be funded by the County solely from BBC
GOB Program proceeds and the costs to be funded by the Municipality
through a local funding plan or written project funding commitments
from third parties is attached as Exhibit 1. Included shall be a projected
timetable for each Funding Cycle Allocation and the amount funded to
date, if any.
b. Representations of the Municipality: The Municipality covenants
and warrants that it has, in combination with the Funding Allocation,
the amount of funding necessary for the completion of Project 54-
71068. The additional sources of funding are listed in Exhibit 1.
c. Responsibilities of the County: The County agrees to provide solely
from BBC GOB Program proceeds for the Funding Cycle Allocation in
an amount equal to $61,000. This amount represents a portion of the
amount necessary to complete the Project. This sum shall be provided
in accordance with the reimbursement procedures contained in the
County's GOB Administrative Rules attached as Attachment 1. In the
event that the Project Milestones, as defined and set forth in Exhibit 1
of this Agreement are not within 10% of completion, the dollars to be
funded for subsequent Milestones may be delayed for one calendar
Building Better Communities Municipal Agreement 2 of 10
year in accordance with the Administrative Rules, see Section 18 of
this Agreement.
Section 3. Effective Date and Term: This Agreement shall take effect upon
execution and shall terminate upon the completion of Project 54-71068, including
the completion of all final closeout documentation.
Section 4. Compliance with Codes and Laws: Each party agrees to abide by all
Applicable Laws necessary for the development and completion of the Project.
"Applicable Law" means any applicable law (including, without limitation, any
environmental law), enactment, statute, code, ordinance, administrative order,
charter, tariff, resolution, order, rule, regulation, guidetine, judgment, decree, writ,
injunction, franchise, permit, certificate, license, authorization, or other direction or
requirement of any governmental authority, political subdivision, or any division or
department thereof, now existing or hereinafter enacted, adopted, promulgated,
entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and
"Applicable Laws" shall expressly include, without limitation, all applicable zoning,
land use, DRI and Florida Building Code requirements and regulations, all applicable
impact fee requirements, all requirements of Florida Statutes, specifically including,
but not limited to, Section 255.05 related to payment and performance bonds,
Section 255.20 related to contractor selection and Section 287.055 related to
competitive selection of architects and engineers, all requirements of Chapters 119
and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places),
and all other applicable requirements contained in this Agreement and Attachment
1, which exhibit is hereby incorporated in this Agreement by this reference.
Section 5. Contractual obligation to comply with certain County requirements:
All records of the Municipality and its contractors pertaining to Project 54-71068
shall be maintained in Miami-Dade County and, upon reasonable notice shall be
made available to representatives of the County. In addition, the Office of Inspector
General of Miami-Dade County shall have access thereto for any of the purposes
provided in Sec. 2-1076 of the Code of Miami-Dade County.
The Municipality shall cause each contract to include a provision that contractor
shall comply with all requirements of Section 2-1076, and that contractor will
maintain all files, records, accounts of expenditures for contractor's portion of the
Work and that such records shall maintained within Miami-Dade County and County
shall have access thereto as provided in this Agreement.
The Municipality shall comply with the requirements of Florida Statutes related to
retainage of funds due a contractor and shall include appropriate language in its
construction contracts and shall require the contractor to include such language in
its subcontracts.
All applicable County Rules, Regulations, Ordinances, Resolutions,
Administrative Orders, and the County Charter referenced in this agreement
are posted on the County's website: "miamidade.gov".
Building Better Communities Municipal Agreement 3 of 10
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Section 6. Access and Audits: The Municipality shall maintain adequate records to
justify all charges, expenses, and costs incurred which represent the funded portion
of Project 54-71068 for at least three (3) years after completion of the Project. The
County shall have access to all books, records, and documents as required in this
section for the purpose of inspection or auditing during normal business hours.
Pursuant to Section 2-1076 of the Miami-Dade County Code the County shall have
the right to engage the services of an independent private-sector inspector general
("IPSIG") to monitor and investigate compliance with the terms of this Agreement.
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, and contracts such as this Agreement
for improvements some cost of which is funded with County funds.
As such, the IG may, on a random basis, perform audits on this Agreement
throughout the duration of said Agreement (hereinafter "random audits"). This
random audit is separate and distinct from any other audit by the County.
The IG shall have the power to retain and coordinate the services of an
Independent Private Sector Inspector General (IPSIG) who may be engaged to
perform said random audits, as well as 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 Municipality and contractor and their respective officers,
agents and employees, lobbyists, subcontractors, materialmen, staff and elected
officials in order to ensure compliance with contract specifications and detect
corruption and fraud. 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 (and any affected contractor and materialman) from IG, the
Municipality (and any affected contractor and materialman) shall make all requested
records and documents available to the IG for inspection and copying.
The IG shall have the power to report and/or recommend to the Board 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 is authorized to investigate any alleged violation by a contractor of its Code
of Business Ethics, pursuant Miami-Dade County Code Section 2-8.1.
The provisions in this section shall apply to the Municipality, its contractors 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
contractors 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 contractors or third parties for such monitoring
or investigation or for the failure to have conducted such monitoring or investigation
Building Better Communities Municipal Agreement 4 of 10
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and the County shall have no obligation to exercise any of its rights for the benefit of
the Municipality.
Section 7. Relationship of the Parties: The parties agree that the Municipality is an
independent entity responsible solely for Project 54-71068 and not an agent or
servant of the County. No party or its officers, elected or appointed officials,
employees, agents, independent contractors or consultants shall be considered
employees or agents of any other party, nor to have been authorized to incur any
expense on behalf of any other party, nor to act for or to bind any other party, nor
shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other employee
rights or privileges granted by operation of law or otherwise, except through and
against the entity by whom they are employed.
Section 8. Liability: The parties to this Agreement shall not be deemed to assume
any liability for the negligent or wrongful acts, or omissions of the other party.
Nothing contained herein shall be construed as a waiver, by either party, of the
liability limits established in section 768.28 of the Florida Statutes. The Municipality
acknowledges that the County, its employees, commissioners and agents are solely
providing funding assistance for Project 54-71068 and are not involved in the
design, construction, operation or maintenance of Project 54-71068.
Section 9. Breach, Opportunity to Cure and Termination:
(a) Each of the following shall constitute a default by the Municipality:
(1) If the Municipality uses the Funding Cycle Allocation for costs not
associated with Project 54-71068 (i.e. ineligible costs), and the
Municipality fails to cure its default within thirty (30) days after
written notice of the default is given to the Municipality by the
County; provided, however, that if not reasonably possible to cure
such default within the thirty (30) day period, such cure period shall
be extended for up to one hundred eighty (180) days following the
date of the original notice if within thirty (30) days after such written
notice the Municipality commences diligently and thereafter
continues to cure.
(2) If the Municipality shall breach any of the other covenants or
provisions in this Agreement other than as referred to in Section
9(a)(1) and the Municipality fails to cure its default within thirty (30)
days after written notice of the default is given to the Municipality by
the County; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure period
shall be extended for up to one hundred eighty (180) days following
the date of the original notice if within thirty (30) days after such
written notice the Municipality commences diligently and thereafter
continues to cure.
(b) Each of the following shall constitute a default by the County:
(1) If the County shall breach any of the covenants or provisions in this
Agreement and the County fails to cure its default within thirty (30)
days after written notice of the default is given to the County by the
Municipality; provided, however, that if not reasonably possible to
Building Better Communities Municipal Agreement 5 Of 10
cure such default within the thirty (30) day period, such cure period
shall be extended for up to one hundred eighty (180) days following
the date of the original notice if within thirty (30) days after such
written notice the County commences diligently and thereafter
continues to cure.
(c) Remedies:
(1) Upon the occurrence of a default as provided in Section 9(a)(1) and
such default is not cured within the applicable grace period, the
County, in addition to all other remedies conferred by this
Agreement, the Municipality shall reimburse the County, in whole or
in part as the County shall determine, all funds provided by the
County hereunder.
(2.) Either party may institute litigation to recover damages for any
default or to obtain any other remedy at law or in equity (including
specific perFormance, permanent, preliminary or temporary
injunctive relief, and any other kind of equitable remedy).
(3) Except with respect to rights and remedies expressly declared to
be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by any party of one or more
of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the
same default or any other default.
(4) Any failure of a party to exercise any right or remedy as provided in
this Agreement shall not be deemed a waiver by that party of any
claim for damages it may have by reason of the default.
(d) Termination:
(1) Notwithstanding anything herein to the contrary, either party shall have
the right to terminate this Agreement, by giving written notice of
termination to the other party, in the event that the other party is in
material breach of this Agreement.
(2) Termination of this Agreement by any Party is not effective until five (5)
business days following receipt of the written notice of termination.
(3) Upon termination of this Agreement pursuant to Section 9(d)(1) above,
no party shall have any further liability or obligation to the other party
except as expressly set forth in this Agreement; provided that no party
shall be relieved of any liability for breach of this Agreement for events
or obligations arising prior to such termination.
Section 10. Litigation CostsNenue: In the event that the Municipality or the County
institutes any action or suit to enforce the provisions of this Agreement, the
prevailing party in such litigation shall be entitled to reasonable costs and attorney's
fees at the trial, appellate and post-judgment levels. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. The
County and the Municipality agree to submit to service of process and jurisdiction of
the State of Florida for any controversy or claim arising out of or relating to this
Agreement or a breach of this Agreement. Venue for any court action between the
parties for any such controversy arising from or related to this Agreement shall be in
the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United
States District Court for the Southern District of Florida, in Miami-Dade County,
Florida.
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Section 11. Naming Rights and Advertisements: In the event that any naming
rights or advertisement space is offered on a facility constructed or improved with
BBC GOB Program funds, then Miami-Dade County's name, logo, and slogan shall
appear on the facility not less than once and equal to half the number of times the
most frequent sponsor or advertiser is named, whichever is greater. Lettering used
for Miami-Dade County will be no less than 75% of the size of the largest lettering
used for any sponsor or advertiser unless waived by the Board. The Municipality
must include the following credit line in all promotional marketing materials related to
this funding including web sites, news and press releases, public service
announcements, broadcast media, programs, and publications: "THIS PROJECT IS
SUPPORTED BY THE BUILDING BETTER COMMUNITIES BOND PROGRAM
AND THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI-
DADE COUNTY."
Section 12. Notice: 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 business day after being
sent by reputable overnight carrier or 3 business day 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):
The County: The Municipality:
George M. Burgess, County Manager Danny O. Crew, City Manager
Miami-Dade County, Stephen P. Clark Center City of Miami Gardens
111 NW 1 Street, Suite 2910 1515 NW 167 Street, Suite 200
Miami, Florida 33128 Miami Gardens, Florida 33169
Section 13. Modification and Amendment: Except as expressly permitted herein
to the contrary, no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed
with the same formality and equal dignity herewith.
Section 14. Joint Preparation: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the parties than the
other.
Section 15. Headings: Captions and headings in this Agreement are for ease of
reference only and do not constitute a part of this Agreement and shall not affect the
meaning or interpretation of any provisions herein.
Section 16. Waiver: There shall be no waiver of any right related to this Agreement
unless in writing and signed by the party waiving such right. No delay or failure to
exercise a right under this Agreement shall impair such right or shall be construed to
be a waiver thereof. Any waiver shall be limited to the particular right so waived and
shall not be deemed a waiver of the same right at a later time or of any other right
under this Agreement. Waiver by any party of any breach of any provision of this
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Agreement shall not be considered as or constitute a continuing waiver or a waiver
of any other breach of the same or any other provision of this Agreement.
Section 17. Representation of the Municipality: The Municipality represents that
this Agreement has been duly authorized, executed and delivered by Mayor and
Commissioners, as the governing body of the City of Miami Gardens, Florida and it
has granted the City Manager, or his designee, the required power and authority to
execute this Agreement. The Municipality agrees to a) maintain Project 54-71068
for a minimum of 25 years, b) agrees to govern itself, in regards to the subject
Project, in accordance with Article 6 of the County Charter, c) keep Project 54-71068
open safely and properly maintained for all Miami-Dade County residents, and d)
allow all Miami-Dade County residents equal access and use of Project 54-71068
and not discriminate when charging facility admission fees based on where a
resident resides in the County. The Municipality also agrees to accept and comply
with the Administrative Rules as stated in Attachment 1 and as may hereafter be
amended.
Section 18. Representation of the County: The County represents that this
Agreement has been duly approved, executed and delivered by the Board, as the
governing body of the County, and it has granted the Miami-Dade County Manager
the required power and authority to execute this Agreement. The County agrees to
provide the Funding Cycle Allocation to the Municipality for the purpose of
developing and improving Project 54-71068 in accordance with each of the attached
Exhibit Forms, incorporated herein as Exhibits A-J of Attachment 1(Administrative
Rules). Miami-Dade County shall only be obligated to reimburse the Municipality
provided the Municipality is not in breach of this agreement and the Municipality has
demonstrated that it has adequate funds to complete Project 54-71068. The County
shall administer, in accordance with the appropriate regulations, the funds available
from the BBC GOB Program as authorized by Board Resolutions. Any and all
reimbursement obligations of the County shall be fully subject to and contingent
upon the availability of funding from the County for the specific purpose contained
herein. The Municipality shall be solely responsible for submitting all
documentation, as required by the specific Administrative Rules incorporated herein
as Attachment 1, to the County Manager or his designee for this purpose.
Section 19. Invalidity of Provisions, Severability: Wherever possible, each
provision of the Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement, provided that the material
purposes of this Agreement can be determined and effectuated.
Section 20. Indemnity: The Municipality does hereby agree to indemnify and hold
harmless the County to the extent and within the limitations of Section 768.28
Florida Statutes, subject to the provisions of that statute, whereby the Municipality
shall not be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of $100,000, or any claim or
judgments or portions thereof, which when totaled with all other occurrences,
exceeds the sum of $200,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise solely as a result of the
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negligence of the Municipality. However, nothing herein shall be deemed to
indemnify the County from any liability or claim arising out of the negligent
performance or failure of performance of the County or any unrelated third party.
The County does hereby agree to indemnify and hold harmless the Municipality to
the extent and within the limitations of Section 768.28 Florida Statutes, subject to the
provisions of that statute, whereby the County shall not be held liable to pay a
personal injury or property damage claim or judgment by any one person which
exceeds the sum of $100,000, or any claim or judgments or portions thereof, which
when totaled with all other occurrences, exceeds the sum of $200,000 from any and
all personal injury or property damage claims, liabilities, losses or causes of action
which may arise solely as a result of the negligence of the County. However,
nothing herein shall be deemed to indemnify the Municipality from any liability or
claim arising out of the negligent performance or failure of perFormance of the
Municipality or any unrelated third party.
Section 21. Assignment: The Municipality may not assign all or any portion of this
Agreement without the prior written consent of the County.
Section 22. Entirety of Agreement: This Agreement, and the attachments thereto,
incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained in this
Agreement. The parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
contained in this Agreement, and that this Agreement contains the entire agreement
befinreen the parties as to all matters contained herein. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that any
oral representations or modifications concerning this Agreement shall be of no force
or effect, and that this Agreement may be modified, altered or amended only by a
written amendment duly executed by both parties hereto or their authorized
representatives.
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IN WITNESS THEREOF, the parties through their duly authorized representatives hereby
execute this AGREEMENT with an effective date of , 2006.
City of Miami Gardens, Florida
By:
City Manager Date
By:
For the Board of Commissioners,
City of Miami Gardens, Florida
Attest:
By:
Clerk
MIAMI-DADE COUNTY, FLORIDA
County Manager
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Approved by County Attorney as
to form and legal sufficiency.
Deputy Clerk
, CLERK
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Building Better Communities Municipal Agreement 10 of 10
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