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HomeMy WebLinkAboutJ-5 Resolution MDCC AgreementCity of .~Vliami ~ard~ens 1515-200 NW 167~' Street Miami Gardens, Florida 33169 Date: July 11, 2007 Fiscal Impact: No ^ Yes xx^ (If yes, explain in Staff Summary) Funding Source: Contract/P.O. Requirement: Yes ^X No^ Sponsor Name/Department: Danny Crew. City Manager Aqenda Cover Paqe Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilwoman Sharon Pritchett Councilwoman Barbara Watson Councilman Andre Williams Public hearing ^ Ordinance ^ 1st Reading ^ Advertising requirement: RFP/RFQ/Bid # Quasi-Judicial ^ Resolution ^x 2nd Reading ^ Yes o No x^ Title 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 JOINT PARTICIPATION AGREEMENT WITH MIAMI- DADE COUNTY FOR THE DESIGN, CONSTRUCTION AND ADMINISTRATION OF CONSTRUCTION OF THE IMPROVEMENT TO NORTHWEST 7T" AVENUE FROM NORTHWEST 183RD STREET TO NORTHWEST 199T" STREET, 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. Staff Summary As indicated at a recent City Council meeting, Staff has been working to take control of the proposed NW 7t" Avenue reconstruction project from the County. The County has agreed to allow us to do this with conditions. These conditions are found in the Proposed Joint Participation Agreement (JPA) attached. Even though we will drive the project and will be responsible for management including inspection, the County will keep a strong control arm on us. More than I would have liked. I believe that any savings we could have had on this project will be largely lost due to the requirements that the County insists we must follow in bidding. Since it is their money, I guess that that it their call. At least we can move the project forward at our speed. Recommendation I recommend that the Council approve the JPA between the City and County Public Works Department. J-5) CONSENT AGENDA RESOLUTION MIAMI-DADE COUNTY 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 JOINT PARTICIPATION AGREEMENT WITH MIAMI-DADE COUNTY FOR THE DESIGN, CONSTRUCTION AND ADMINISTRATION OF CONSTRUCTION OF THE IMPROVEMENT TO NORTHWEST 7T" AVENUE FROM NORTHWEST 183RD STREET TO NORTHWEST 199r" STREET, 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, the Northwest 7th Avenue road segment from Northwest 183~d Street 2 to Northwest 199t" Street, is in substantial need of repair, and 3 WHEREAS, such road segment is subject to the jurisdiction of Miami-Dade 4 County, and 5 WHEREAS, such road segment lies within the City of Miami Gardens, and 6 WHEREAS, both the City and the County wish to facilitate the construction of the 7 improvement of such road segment and desire to enter into a Joint Participation 8 Agreement for the design and re-construction of such roadway segment to provide 9 roadway construction, medians, left turn and bike lanes, sidewalks, lighting, landscaping 10 and stormwater drainage, 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF MIAMI GARDENS, FLORIDA, as follows: 13 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 14 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 15 made a specific part of this Resolution. 16 Section 2. AUTHORITY: The City Manager and City Clerk are hereby 17 authorized and directed to execute and attest, respectively, that certain Joint 18 Participation Agreement with Miami-Dade County for the design, construction and 19 administration of construction of the improvement to Northwest 7t" Avenue from 20 Northwest 183~d Street to Northwest 199th Street, a copy of which is attached hereto as 21 Exhibit A. 22 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 23 authorized to obtain three (3) fully executed copies of the subject Agreement, with one 24 to be maintained by the City; with one to be delivered to Miami-Dade County, and with 25 one to be directed to the Office of City Attorney. 26 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 27 upon its final passage. 28 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NJIAMI 29 GARDENS AT ITS REGULAR MEETING HELD ON JULY 11, 2007. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by JAMES C. BRADY, ESQ. Assistant City Attorney SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER MOVED BY: VOTE: 48 49 Mayor Shirley Gibson (Yes) (No) 50 Vice Mayor Oscar Braynon, II (Yes) (No) 51 Councilman Melvin L. Bratton (Yes) (No) 52 Councilman Aaron Campbell (Yes) (No) 53 Councilman Andre Williams (Yes) (No) 54 Councilwoman Sharon Pritchett (Yes) (No) 55 Councilwoman Barbara Watson (Yes) (No) 56 57 JCB/teh 261745_1. DOC 58 NW 7 AVENUE FROM NW 183 STREET TO NW 199 STREET JOINT PARTICIPATION AGREEMENT This AGREEMENT, made and entered into this day of , 2007, by and between the CIN OF MIAMI GARDENS FLORIDA, a mur~iEip~l corporation of the STATE OF FLORIDA, hereinafter refeRed to as the "City";'and ~111AM1-DADE COUNTY, a political subdivision of the STATE OF FLORIUA; .~iereinai~r ~eferred to as the "County". ' ~> WITNESSETH WHEREAS, both parties `~ie~ein~arish to facllltat~, the construction of a road ,~ ~ _ ~~ , ~~. ' . improvement project within the City and Co~nty ~imits, hereic~after referred to as the "Project" described a~rfollows: -~ ~ The desigri a~d constru~tio of a ro~d`rmprovement project along NW 7 Avenue, from NW 1.83 Streei~ to y99 S~re~t to provide roadway reconstruction, ~~_ \. medi_a~ns\ eft turn :and bike~a es; 'sidewalks, lighting, landscaping, and sto~rnwater d.rainage; and VUHEREAS, the .Co`unty w~+shes to utilize the resources of the City to design, 1 h contract, construct and; adVninister the Project, subject to the terms and conditions of this agreemenf; 6/21 /2007 1 NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: 1 RESPONSIBILITIES OF CITY: The City is responsible for the management and admin~stration of the Project. 1.1 Desi~n: The City will secure engineerir~,q~~sign aqd ~~onsulting services from qualified firms to develop the cor~'struction plans, techi~lical`specifications, special provisions, pay items and;cost estimatesX~ the Project in acsordance with standard County and/or City, ~s ~~applic~bfe, design criteria, to the satisfaction of the Co~rt,ity,'s` lic Works~Di~ector or their designee. The City's design consultant sha~N be~~ade availa6le fa County to review shop , ,,~ ~ ~ , drawings a, perfor'r~ require~~i pgs4-design servic~s, limited to project design. , The C,bun~i agrees i~ha~ the sel~ction, retention and discharge of the design ~ ~ .~ consult~tit ~hall be the ~ sibiliiy di the City in accordance with applicable ~ , ~.,, ~ laws~ Cit~,~ro~edures. No~vo-i#aa'standing any provision to the contrary, the ~ ~ ~ City sha~fl~ comply witii~~he Community Business Enterprise (CBE) Program in accordance J~it~ Sectio~ 6 of this Joint Participation Agreement. Prior to the i ad~ertisemen td solicit design services from qualified fi~ms, the City will contact tJ~e County's Public Works Contracts and Specifications Section to ensure this compliance. 1.2 Permits and Aaprovals: During the course of the design, the City shall obtain all necessary permits, and utility adjustments; and coordinate the review of constru~tion documents by utilities and permitting agencies. The 6/21 /2007 2 City shall make all necessary adjustments as required for approval and/or permitting by those agencies. The City shall obtain all necessary permits, and utility adjustments for the Project in accordance with applicable State, Federal and Local Laws and ordinances. The City alY not pay for permits ~~ required by the Miami-Dade County Public Works Dep~artment. 1.3 Ri~tht-of-Wav: The City shall acquire at,~~.sesle exp~nse, any right-of-way that is required to complete the constr~icti~n of the Project. ~~. 1.4 Public Information and Invol~em~nt: The Gitx will implem~nt'~a Public , _ Involvement Plan (PIP) during the de~igr~.aind ,~onstruction of the Project to rovide information to 'c~o p p pert ~wners, ten~nf~~,and area residents, including ~ .,\ but not limited to: public m~etings; ~coje~ocumen~tion and flyers, business ~ signs, dire~nal ~rking signs, and s~du[es for major wor{c to be - , .. perFormed in the are~a. ~~ Appropriate investigation of the project stakeholders , will be ~Se~~ to de,veio als a~d~objectives to implement this plan. The ,--~,` ~„ ~ shall sutimit<~ copy of th R1f' to the County Public Works director for \ ~ review arod cnncurrent~ prior to the NTP for construction. 'F~5 Accountins~' T~ City'sliall at all times maintain separate accounting for the ~, costs of the P~oj~ct so those costs may be independently verified and audited by ti~ Goun~, at the request and cost of the County. The City agrees to permit the County auditors to inspect the books, records and accounts of the Project for three years after completion of the Project. These records shall be made available to the County for inspection within five (5) working days upon written receipt of a written request from the County. 6/21/2007 3 1.6 Construction: The City shall procure the services of a licensed contractor holding an engineering contractor's license to construct the Project. The City may award the contract through any available lawful means which, in the City's discretion, affords the most competitive pric~" for~ construction of the Project and which may include, but is not limit.~d to;,,bid solicitation, request for proposals, the award of a change orde~r dc~,~xisting ;CitX contract(s), or the extension of unit-prices provided ir}~'co~nection with pria, campetitive bid awards. Notwithstanding any pr6visifin to the c,0fttrary, the City~$h~U comply with the Community Small Business E`qte'rp~se,(CSBE), Community Business Enterprise (CBE), Corn~.lur~' t Workfor~ '~rograms (CWP), and the ,\\ Responsible Wages and Benefi Or~it~~nce (.Or~nance No. 90-143), in accordance~wit Se~stion 6 of~this,~~oir~~Par~i~iQaflbn Agreement. Prior to the advertiser~ent to solicit~ licensed ~ontractor to construct the Project, the City will cont~ctt~ie Cpr~n^`~~a~f~okks`~Contracts and Specifications Section to ~_ _ ens~ is cQmpbance. ~~% The ~~ons,tructiQn ~~ontract shall also contain a requirement that the contractor(s)'~r~uide a payment and performance bond at least in the amount and form reqUire~l by state law naming the County and City as joint obligees or joicit ~ntracting public entities. The construction contract shall contain a contingency amount to address unforeseen conditions and owner required changes which shall not exceed ten percent (10%) of the base amount of the contract, unless otherwise approved by designated representatives of the County and City. The commitment for the expenditures of any contingency 6/21 /2007 4 funds shall not be made by the City without the prior written approval of the County Public Works Director. The County shall respond, in writing, within ~ Y1 1 L', Ir'~~ ~''Y ~ ~ h ~ ~~ day~ of receiving written requests from the City to approve the commitment of contingency funds. Subsequent to the evaluation of bids or p,~tipos~ls by the City and the City's determination of the most advanta~o'a~s~bid or'~rop.psal, the City shall provide said evaluation to the Coun~i ~Putilic Works Dire~tor ~fQr review and approval. Final commitment of C~pur~y funds fol tt~e Project shall, oL~CUr upon , , ~ approval of the contract award recom~endatio~r'by the County Public Works Director in accordance~ with ~Section 2.4\'of tkyis Agreement. The County agrees that the selection, retention and'dis~charge of~such contractor shall be , the responsi6ilit~r o~'the City. , ~ 1.7 Clai a d Chan O ders: ~h~ City shall notify the County Public Works , Director .in writing~whe~n-~lair.~s or~~h~nge orders arise. The City shall also ' n ite e County. to participa ' hegotiations of these claims and change orders. 'h8 Constructio~ mini~ation and Ins ction: The City shall exercise all , res~onsibilitie c~f the owner under the construction contract, including cons~u~tidn ~dministration and inspections. The City may delegate this function 'to an authorized agent o~ Construction Engineering Inspection consultant. The County's inspector shall have an oversight role in the routine daily inspections. In the case of a disagreement over the interpretation of the plans, the County Public Works Director, or his representative, shall have final 6/21 /2007 5 authority subsequent to an independent final inspection by the County. The City's designated representative and the County's designated representative shall jointly perForm the inspection of the Project which immediately precedes substantial completion. The City shall certify upon compl~etion that the Project has been constructed pursuant to the desi~n pl~ns, specifications and approved change orders. Final paym~t ..tcs the ~ity~.and obligation of maintenance responsibility to the ~Sar~ies shall be su~ject~, to the final acceptance of the Project by the.County Public.Xl1/orks Director~Qr dgsignee. The City shall certify upon completiorr:tFiat~the ,Prroject has been constructed pursuant to the design pJaras,3~ecifications~an~,approved change orders. 2 RESPONSIBILITIES OF COUN7'~Y: > 2.1 Fundina Ar~unt, eimbur~ert~~aht ~ Proi~ct +~osts: The County agrees , ~-~~-T ,T- - ~ . to pro~ide,~Unds up tp $~,173,Od0 ~this amount includes 10% contingency) for ' ~' ~~ eligible ~xp~nses, as d~ ' here~n, ~incurred by the City for the design and ~ --~~ cons tion ~of ti~.e Project. ~'he~~ounty shall disburse to the City funds for ~_\ the Project in the ~arlner set forth in this Section. The County shall incur no '~~ liability for arry costs in ~ekcess of said funding amount unless there has been 1 a~ly authori~edl increase approved by the Board of County Commissioners. 2.2 CouAtv Bavments of Proiect Costs: The County funds provided for eligible expenses as defined herein, incurred for the construction of the Project are specified below: 6/21/2007 6 Fundina Amount Fundina Source Countv Fiscal Year of Commitment $351,000 Road Impact Fee District 3(Design) 2006-2007 $300,000 Road Impact Fee DisVict 3(Construction) 2007-2008 $2,400,000 Road impact Fee District 3(Construction) 2008-2009 $2,122,000 Road Impact Fee District 3(Construction)., 2009-2010 2.3 Proiect Cost Adiustments: The amount contrib~,fted ~cy the County is based on the current estimated costs of the Pro~ct. 1'~e parties recognize that adjustments to the above-referenced c9sts inay be requ~ir~d`ir~ the future and that at the option of the parties, art~endments may be entere~l in~p to revise the funds available for the Pr'aje~, P~fovidred that prior ~~~egislative authorization for fundin~i~in place, additionat amendments may be executed ~ by the City and County Ma~a~rs~ therwis~, f~rther funding commitments ~. shall be subje~t~he apprdvals of tt ~ parties~~res~ctive goveming boards. ~ 2.4 Countv ~-p ovals,~ ;Whenever ~ounty approval is required through its , ~ Department of Put~fic ~IVorks art~f/ot said Department Director, it will not easonal~ly ~v~ith~6T"` lae y i#s' approval. Failure of the County to ~ ~~ ~~ ~erl ~lD )W aY~lr~ y' resp~~ct, i~v writic~g; ~to the City's request for evaluation within ~.) days shall be au'kprriaticaftX d~med an approval by County, without the necessity af future actior~ b~ the County. 3 ELIGIBL'E ~~(PEN~SES~ The parties agree that only identified expenses that may be incurred by t~ie -~City that are directly related to the Project are eligible for reimbursement, provided adequate documentation accompanies the reimbursement request in the form of approved invoices, verified payment' requests, documented journal entries, and/or check vouchers. For purposes of this Agreement, eligible 6/21 /2007 7 costs are further defined as those pertaining to the construction of Project elements that are the standard items normally provided for by the County in County projects, and not the enhancement of standard items, or the incorporation of items which are in addition to those standard items. The County shall not b!~ as~umed to be liable to provide reimbursement for the design, construction Qf ma~itenance of such items that do not confoRn to this section of agreement., ,!f'er~hancer~en't~ to standard items are constructed in this Project, the City may req4est County reimbbts~ent only to a maximum amount corresponding to tha~,whlch would b~ .expended in p~row,ding the normal standard version of that item for a pr.oj~c~~of tkfe same scope. The parties ~ ~ further agree that eligible cos~s will t include ~es'~#or construction management, ~ , -~ ~ construction inspections, and proj~cf~,ma~lagerrleqt, or f1~,e ~sign and construction of ~~ ~ ~. ' enhanced lands~ng, de rative light~g; odan irTig.~tio~i system. 4 SCHEDULE N MANN F REI B~l1RSEMENTS: Upon execution, the City , shall furnish tR~ Gounty with ~~y~h~ estimated budget for the Project, and will _`\ \ , ~ sir~iarl~furn the~County with any~~ll revisions thereto. At the time of contract -~, award for this Rroject, tt~e ~6ity shall submit the Estimated Quarterly Construction ~yaut Schedule fqr tk~e Pro~ct to the County Public Works Director. Quarterly ~ 1 disbur~ement of CoX~nt~ funds to the City shall be based upon City invoices with ; certified co~ies af paid contractor estimates attached and shall not include any other charges. The quarterly submittal for invoice shall also include a certified copy of payment to Sub-Contracted firms. 5 COMPLIANCE WITH LAWS: The parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in perForming their 6/21 /2007 g respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to the Project. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 6 BUSINESS PROGRAM COMPLIANCE AND OVERSIGHT: '> Whenever County funds are used, the City agrees to comply with ~pplicaple County regulations including but not limited to the Community S,~aJL Busin~s~~nterprise (CSBE) Program, Community Business Enterprjge ,ECBE) Program; ttie, Community Workforce Program, and the Resp~nsi~le Wage,s'~~~,and Benefifs~ O~dinance (Ordinance No. 90-143). Specifically, City~~agre~s to' abide by the goals for the participation of specified bu~in~ss ~ntities and(or ~ trades, and for Community ~~~ Workforce employment, as approved~jr\~~\ usmes~ Development Review ,,\ Committee and adminis~r by the~Cqynty's~'Dep~ar~me~t of Business Development ("DBD"). Th~ DBD shall have) the right ta. oversee and ensure compliance with the ~ '~ goals estabiished; ~it~clucl.i~tig b 'mited to; the right to audit and to require reports ~. ~ aneYdoc~ u~ tion'xelated to the Pro~rar~ goals. Z INDEMNIFICATIOM: 1b tA~ extent authorized by Florida law, the City hereby agrees to indemnifya, d~fend, save and hold harmless the County to the extent of all '' the li~ita'ti~ns inclu~fe~' with Section §768.28, Florida Statutes, from all claims, demands, ~fi~biti~ies and suits of any nature whatsoever arising out of, because of or due to the breach of this Agreement by the City, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the County for its sole negligence or breach of contract. 6/21 /2007 g To the extent authorized by Florida law, the County hereby agrees to indemnify, defend, save and hold harmless the City to the extent of all the limitations included in Section §768.28, Florida Statutes, from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because ~f o~;due to the breach of this Agreement by the County, its agents or employees. It is. specifically understood and agreed that this indemnification clause doe~,,n~i.~over ox, ini~emnify the City for its sole negligence or breach of contract. In the event of breach or non~per~Cirmance by~tbe persons s~ct+~d by the City to perform the work, the City shall, upo~, writt~en r.~quest by the County, assign to the County any and all of it~, rights ider the af€~ct~d contract for purposes of the ~ ~ County's prosecution of claims, ao~ions~r c~auses ~. aotion resulting from such breach or non-pe rm~a~n ~ unless ~-e ,Gity ptirsues_ such claims, actions or causes ~~ of action thr9ugt~arbitratior~, a~iministr~tive proceeding or lawsuit. The City agrees ! ~ ~~ to cooperate f~lly ~with the Cbunt~i~the`~ prosecution of any such claim or action. ~ ~, , An~lda am ge ~ecov~red t~y the Coun ch is attributable to an expenditure by the _~ Ciry shall be retarn~d to fibe ~ity by the county, within sixty (60) days of receipt. > 8 DJSRLITE RESOLI~TI~N, ARPLICABLE LAW: The parties shall resolve any , disputes, controvers~es) or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami-Dade, Florida. 9 ENTIRE AGREEMENT. AMENDMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and 6/21 /2007 10 understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall-~be~predicated upon any prior representations or agreements, whether oral or w~tten'.~ It is further agreed that no modification, amendment or alteration in th~ terms con~airte~d herein shall be effective unless set forth in writing in accord2nc~ "with this section:. N~ modification, amendment or alteration in the terms oF condition~~' ~ontained her~in'~~Shall be effective unless contained in a written docu~errt,,p~ep~(red with the same or similar ~ ~ formality as this Agreement an~d e~cec d by the ~rties. , 10 JOINT PREPARATION: The parties ackn~e\ ~that~they have sought and received whatevev~omp\e~.it advice. and~cowlsel ~was necessary for them to form a full and compl~fe unders~an~ding of ~II ~ights and obligations herein and that the ~ ~ preparation of~~his,Agre~rnerrt- een their joint effort. The language agreed to e esses t"r m~tual : intent and ffl~Pesulting document shall not, solely as a ~~ matter of judicial co~strus~ion,, be construed more severely against one of the parties fram the other. ~~ \ ~,, ~ ) ! 6/21 /2007 11 11 SEVERANCE: In the event a portion of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue to be effective unless the City or County elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall t)e m,~de within seven (7) days after the finding by the court becomes final. 12 NOTICES: Any and all notices required to be ~e~ ander t~is ~greement shall be sent by first class mail, addressed as follow~:' To the County: Attention: Esther L. Cala~, P~~ ~' Director, Public ~Vo`~ks Deqarfinent ~ ~ Mia '- ade Cour~ty ' 1:1'1 NW ' st Stree~ Syi#e 1640 ~~ ~ Mi i, ri 3312a To the City: ~ ~ ~-~~ ~ ~` ~ tt~n:~~ Dr:~.Da ~y O. Crew ~~ ~~ ~ ity l~an~ er Ci of aml Gardens Tf 1$, N~?' treet Bu~di g 5, 8~e 200 Mia i ardens, Florida 33169 (30 ) 2-8000 6/21 /2007 12 IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. ATTEST: MIAMI-DADE COUNTY„FLORIDA, BY ITS BOARD OF ' HARVEY RUVIN COUNTY COMMIS~10NERS CLERK OF ~HE BOARD BY: BY: ~ > Deputy Clerk ou~xfy Mayor or His si~r~ee Approved by County Attorney as to form and legal sufficiency . County Attom _ ~ ATTEST: `~ -~~1TY OF MIA~1lll'~ARDENS, a municipal ~ cQrp~tion of ~e ~tate of Florida ~ ~~ ~~ ~ ~~ BY: ~, BY; . - ~ Ci#~i Cl~rk ~ City anager ', ) '' (Affix .City. Seal) ; , Approved City Attornear ~-~~\ as to fdrm and I su'F~icier~cy ~~~~- ^ City Attorney ~ `~ ~ )1 6/21 /2007 13