HomeMy WebLinkAboutR-03-0966J-03-732
9/11/03
RESOLUTION NO. 93 — 9 6 6
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A JOINT PARTICIPATION
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY TO REIMBURSE
FUNDS, IN THE TOTAL ESTIMATED AMOUNT OF
$1,074,409, FOR COSTS ASSOCIATED WITH THE
FLAGLER STREET MARKETPLACE PROJECT IN
DOWNTOWN MIAMI.
WHEREAS, both the City of Miami ("City") and Miami -Dade
County ("County") wish to facilitate the construction of
improvements to enhance traffic operations in the City, as
proposed under the Downtown Flagler Street Marketplace Project
("Project"); and
WHEREAS, the parties previously entered into a Memorandum of
Understanding ("Memorandum") dated August 29, 2000, to set forth
the terms and conditions to develop and implement the Project;
and
WHEREAS, under the terms of the Memorandum, the County
agreed to provide administration and supervision services for the
Project and receive cash or in-kind contributions in return; and
■q NA N'
CCN TA HE
CITY COMMISSION
MEETING OF
SEP 1 1 2003
Resolution No.
o)3— 966
WHEREAS, the administration and supervision services for the
Project are now to be provided by the City through the Department
of Capital Improvements ("DCI"); and
WHEREAS, the County previously agreed to accept the costs of
the replacement of sidewalks and curbing by the City on
County -owned roads in the Central Business District of Downtown
Miami as in-kind satisfaction for the aforementioned provision of
services by the County; and
WHEREAS, the City and County have agreed on the value of the
City's efforts to construct the improvements on County -owned
roads in the Central Business District of Downtown Miami as
$574,409; and
WHEREAS, the City has requested reimbursement for providing
said improvements; and
WHEREAS, both parties agreed on the County's participation
in the construction of traffic signalization improvements for the
Project, presently valued at $500,000; and
WHEREAS, the Joint Participation Agreement ("Agreement"),
attached and incorporated, provides terms and conditions for the
use of funds reimbursed to the City, including adjustments by the
County should the cost of the traffic signalization improvements
exceed the amount allocated; and
WHEREAS, the County has allocated funds in the 2003
Transportation Improvement Program ("TIP") for this purpose;
Page 2 of 4 e,3— 966
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble of this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedll to execute
an Agreement, in substantially the attached form, with the
County, to reimburse funds, in the total estimated amount of
$1,074,409, for costs associated with the Flagler Marketplace
Project in Downtown Miami.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 4 93— 966
66
PASSED AND ADOPTED this 11th day of September , 2003.
ATTEST:
(?" � '12 -
i
P ISCILLA A. TROMP ON
CITY CLERK
APPROVED A,*Of'OhORM_%QD CORRECTNESS :t/
KLRO VILARELLO
CITe ATTORNEY
7455:tr:AS:BSS
MANUEL X. DIAZ, MAY
Page 4 of 4
IJ3- 966
JOINT PARTICIPATION AGREEMENT
This AGREEMENT, made and entered into this day of , 2003, by and between
the CITY OF MIAMI, FLORIDA, a political subdivision of the STATE OF FLORIDA,
hereinafter referred to as the "City", and MIAMI-DADE COUNTY, a political subdivision of the
STATE OF FLORIDA, hereinafter referred to as the "County".
WITNESSETH
WHEREAS, the parties hereto, together with the Downtown Development Authority of the City
of Miami ("DDA") and the Florida Department of Transportation, have heretofore entered into a
Memorandum of Understanding dated August 29, 2000 which establishes the parties'
commitment to the development of the Downtown Flagler Street Corridor Improvement Project
(the "Project"), consisting of the conversion of Flagler Street in a two-way corridor and the
appurtenant roadway and streetscape improvements, as more particularly described therein (the
"Memorandum").
WHEREAS, under the terms of said Memorandum, the County agreed to provide administration
and supervision services for the Project in consideration of cash or in-kind contributions payable
by the DDA or the City; and
WHEREAS, in consideration of the provision of administration and supervision services, the
City agreed to pay the County, and the County agreed to accept, an in-kind contribution,
consisting of the City's replacement of sidewalks and curbing on County -owned roads in the
Page 1
Revised 9/8/03
93- 966
Central Business District of Downtown Miami, which the City and the County agree has a value
of $574,409.00; and
WHEREAS, the City and the County have agreed that the City will be responsible for the
provision of administration and supervision services for the Project and the County has agreed to
reimburse to the City the value of the City's in-kind contribution; and
WHEREAS, the parties hereto wish for the County to participate in the construction of
signalization improvements for the Project; and
WHEREAS, the County has programmed funds in the 2003 Transportation Improvement
Program (TIP) for this purpose;
NOW, THEREFORE, in consideration of the promises and the covenants contained herein, the
parties agree:
1) Within ten (10) days after execution of this Joint Participation Agreement, the
County shall reimburse the City the amount of $574,409.00, as full satisfaction
for the replacement of sidewalks and curbing by the City on County -owned roads
in the Central Business District of Downtown Miami.
2). The County shall provide funds on a reimbursement basis to the City for Project
signalization improvements (hereinafter referred to as the "Signalization Portion")
for the total cost detailed as follows:
Page 2
Revised 9/8/03
0) 3 - 966
3)
4)
5).
6)
CONTRIBUTION TO COUNTY FISCAL YEAR
SIGNALIZATION IMPROVEMENT COST OF COMMITMENT
$500,000 02/03
The City shall complete the Signalization Portion plans in accordance with
standard County design criteria and shall submit to the County a written
certification of compliance with those standards. Any deviation from those
standards will be subject to the advance review and written approval of the
Director of Miami -Dade County Public Works Department.
The City shall identify and obtain all necessary permits, utility adjustments and
right-of-way for the Signalization Portion in accordance with applicable State,
Federal and Local Laws and ordinances.
The City shall procure the services of a licensed contractor to construct the
Signalization Portion. The City may award the contract (the "Construction
Contract") through any available lawful means which, in the City's discretion,
affords the most competitive price for construction of the Signalization Portion
which may include, but is not limited to, bid solicitation, request for proposals,
the award of a change order on existing City contract(s), or the extension of unit -
prices provided in connection with prior competitive bid awards. Regardless of
which methodology is used, the City shall at all times maintain separate
accounting for the costs of the Signalization Portion so those costs may be
independently verified and audited by the County.
The Construction Contract shall contain a requirement that the contractor provide
a payment and performance bond in the amount and form required by law naming
the County and City as additional insureds.
Page 3
Revised 9/8/03
03- 966
7). Quarterly disbursement of County funds to the City shall be based upon City
invoices with certified copies of paid contractor estimates attached. The County
participation in costs for the Signalization Project is limited to the contracted costs
of signalization improvements only.
8). Subsequent to the Construction Contract award, any proposed change orders and
supplemental agreements shall be approved by the County prior to execution by
the City, and upon completion of the Signalization Portion, final construction
contract costs will be determined and certified by the City, and the County's
financial participation and disbursement of funds adjusted accordingly.
9). The City shall be responsible for the inspection of the signalization
improvements.
10). The City agrees to permit the County auditors to inspect the books, records, and
accounts of the Signalization Portion for three years after its completion.. These
records shall be made available to the County for inspection within five (5)
working days upon receipt of a written request from the County.
11). The City and the County hereby indemnify, defend, save and hold each other
harmless from all claims, demands, liabilities and suits of any nature whatsoever
arising out of, because of, or due to the breach of this Agreement by them, their
agents or employees, subject to statutory limitations. It is specifically understood
and agreed that this indemnification clause does not cover or indemnify the
parties for their own negligence or breach of contract.
Page 4
Revised 9/8/03
03- 966
IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year
first above written.
ATTEST:
HARVEY RUVIN
CLERK OF THE BOARD
Deputy Clerk
Approved by County Attorney
as to form and legal sufficiency
ATTEST:
Priscilla A. Thompson, City Clerk
Approved as to form and correctness:
Alejandro Vilarello, City Attorney
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
MM
Page 5
County Manager
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
Joe Arriola, City Manager
Approved as to Insurance Requirements:
Diane Ericson, Risk Management Administrator
Revised 9/8/03
93- 966
CITY OF MIAMI, FLORIDA 29
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members DATE: SEP - 2 2003 FILE:
of the City C mi 'on
SUBJECT: Resolution to Accept Funds and Execute
Agreement with County - Funding
For Flagler Marketplace
FROM: REFERENCES:
J e rriola, ENCLOSURES: Resolution and Agreement
C anager
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute an agreement with Miami -Dade County that provides funds, in the total
estimated amount of $1,074,409, for use with the Flagler Street Marketplace project in Downtown.
BACKGROUND:
Both the City and County wish to facilitate the construction of improvements to enhance traffic
operations in the City, as proposed under the Downtown Flagler Street Marketplace Project (the
"Project"), budgeted in the City's current Capital Improvements Program as project no. 341140. The
project consists of new decorative street lighting (portions of which have been completed), drainage
system upgrades (portions also complete), roadway improvements including the 2 -way conversion
of Flagler Street, traffic light modifications and signalization, and streetscape improvements.
The parties previously entered into a Memorandum of Understanding dated August 29, 2000 which
set forth the terms and conditions under which the parties were to develop and implement the
Project. Under the terms of that Memorandum, the County agreed to provide administration and
supervision services for the Project and receive cash or in-kind contributions in return. Now, these
services will be provided to the Project by the City, though the Department of Capital Improvements.
The attached agreement provides for this change in project supervision and the transfer or
reimbursement of monies for the City's assumption of those responsibilities.
The County had previously agreed to accept, as in-kind satisfaction for its supervision of the Project,
the cost of sidewalk and curbing replacement previously performed by the City on County -owned
roads in Downtown Miami. The value of that work by the City is placed at $574,409, and the City
has requested County reimbursement for those improvements to contribute toward the subject
project. Additionally, both parties wish the County to participate in the construction of traffic
signalization improvements for the Project, presently valued at $500,000.
The attached agreement provides terms and conditions for the use of the County funds for the
Flagler Street Marketplace Project, and reimbursement to the City in the total amount of $1,074,409
by the County. The agreement further provides for funding adjustments by the County should the
cost of the traffic signalization improvements exceed the $500,000 amount allocated.
FISCAL IMPACT:
This action will have a positive fiscal impact on the City by increasing funding for this capital project
by $1,074,409.
ma
93- 966
Budgetary Impact Analysis
Department Capital Improvements
Commission Meeting Date: Sept. 11, 2003
Division:
Title and brief description of legislation or attached ordinance/resolution: Authorizing the Manager to
execute an aereement to provide Miami -Dade County funds for the Flagler Street Marketplace Project
1. Is this item related to revenue? No ❑ Yes
2. Is this item an expenditure? No ® Yes ❑
General Fund Account No:
Special Revenue Fund Account No: _
CIP Project No: 341140
Revenue Source: County funds
Amount:
3. Are there sufficient funds in Line Item? No: ❑ Yes:
Sufficient funds will be transferred from the followine line items:
ACTION ACCOUNT NUMBER
TOTAL
From
$
From
$
To
$
To
$
4_ Is this item funded by 14nmelan(i T)efense/Neivhhnrhnnd Tmnrnvement Rnnric9 Nn 17 VPc M
Project Name
Total Bond
1" Series
Total
Allocations/
Balance
Dollars Spent
Allocation
Appropriation
to Date
Encumbrances
Comments: Funds will be appropriated into the Capital Project at a later date
by:
it D' a or/Designee Date
Verifie
Dept. o Strateg' g, B d in &
Performance 2
Date:
APP1QnVe11.c
Verified by CIP applica
�esig�nee� �5
Date
oJ3— 966
ITEM 29 - S. _istitute Attachment
9/11/03 Commission Meeting
JOINT PARTICIPATION AGREEMENT
This AGREEMENT, made and entered into this day of , 2003, by and between
the CITY OF MIAMI, FLORIDA, a political subdivision of the STATE OF FLORIDA,
hereinafter referred to as the "City", and MIAMI-DADE COUNTY, a political subdivision of the
STATE OF FLORIDA, hereinafter referred to as the "County".
WITNESSETH
WHEREAS, the parties hereto, together with the Downtown Development Authority of the City
of Miami ("DDA") and the Florida Department of Transportation, have heretofore entered into a
Memorandum of Understanding dated August 29, 2000 which establishes the parties'
commitment to the development of the Downtown Flagler Street Corridor Improvement Project
(the "Project"), consisting of the conversion of Flagler Street in a two-way corridor and the
appurtenant roadway and streetscape improvements, as more particularly described therein (the
"Memorandum").
WHEREAS, under the terms of said Memorandum, the County agreed to provide administration
and supervision services for the Project in consideration of cash or in-kind contributions payable
by the DDA or the City; and
WHEREAS, in consideration of the provision of administration and supervision services, the
City agreed to pay the County, and the County agreed to accept, an in-kind contribution,
consisting of the City's replacement of sidewalks and curbing on County -owned roads in the
F ` � t;i s public
Page
Revised 9/8/03
City Gserk s, 3 —
966
Central Business District of Downtown Miami, which the City and the County agree has a value
of $574,409.00; and
WHEREAS, the City and the County have agreed that the City will be responsible for the
provision of administration and supervision services for the Project and the County has agreed to
reimburse to the City the value of the City's in-kind contribution; and
WHEREAS, the parties hereto wish for the County to participate in the construction of
signalization improvements for the Project; and
WHEREAS, the County has programmed funds in the 2003 Transportation Improvement
Program (TIP) for this purpose;
NOW, THEREFORE, in consideration of the promises and the covenants contained herein, the
parties agree:
1) Within ten (10) days after execution of this Joint Participation Agreement, the
County shall reimburse the City the amount of $574,409.00, as full satisfaction
for the replacement of sidewalks and curbing by the City on County -owned roads
in the Central Business District of Downtown Miami.
2). The County shall provide funds on a reimbursement basis to the City for Project
signalization improvements (hereinafter referred to as the "Signalization Portion")
for the total cost detailed as follows:
Page 2 meti�g
rity er wevised 9/8/03
�A- 966
CONTRIBUTION TO COUNTY FISCAL YEAR
SIGNALIZATION IMPROVEMENT COST OF COMMITMENT
$500,000 02/03
3). The City shall complete the Signalization Portion plans in accordance with
standard County design criteria and shall submit to the County a written
certification of compliance with those standards. Any deviation from those
standards will be subject to the advance review and written approval of the
Director of Miami -Dade County Public Works Department.
4). The City shall identify and obtain all necessary permits, utility adjustments and
right-of-way for the Signalization Portion in accordance with applicable State,
Federal and Local Laws and ordinances.
5). The City shall procure the services of a licensed contractor to construct the
Signalization Portion. The City may award the contract (the "Construction
Contract") through any available lawful means which, in the City's discretion,
affords the most competitive price for construction of the Signalization Portion
which may include, but is not limited to, bid solicitation, request for proposals,
the award of a change order on existing City contract(s), or the extension of unit -
prices provided in connection with prior competitive bid awards. Regardless of
which methodology is used, the City shall at all times maintain separate
accounting for the costs of the Signalization Portion so those costs may be
independently verified and audited by the County.
6). The Construction Contract shall contain a requirement that the contractor provide
a payment and performance bond in the amount and form required by law naming
the County and City as additional insured, ° a
�_ ii -o-3
Page 3 ,z ,
Revised 9/8/03
,13- 966
7). Quarterly disbursement of County funds to the City shall be based upon City
invoices with certified copies of paid contractor estimates attached. The County
participation in costs for the Signalization Project is limited to the contracted costs
of signalization improvements only.
8). Subsequent to the Construction Contract award, any proposed change orders and
supplemental agreements shall be approved by the County prior to execution by
the City, and upon completion of the Signalization Portion, final construction
contract costs will be determined and certified by the City, and the County's
financial participation and disbursement of funds adjusted accordingly.
9). The City shall be responsible for the inspection of the signalization
improvements.
10). The City agrees to permit the County auditors to inspect the books, records, and
accounts of the Signalization Portion for three years after its completion.. These
records shall be made available to the County for inspection within five (5)
working days upon receipt of a written request from the County.
11). The City and the County hereby indemnify, defend, save and hold each other
harmless from all claims, demands, liabilities and suits of any nature whatsoever
arising out of, because of, or due to the breach of this Agreement by them, their
agents or employees, subject to statutory limitations. It is specifically understood
and agreed that this indemnification clause does not cover or indemnify the
parties for their own negligence or breach of contract.
_. City Cierk
Page 4
Revised 9/8/03
93- 966
IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year
first above written.
ATTEST:
HARVEY RUVIN
CLERK OF THE BOARD
:•
Deputy Clerk
Approved by County Attorney
as to form and legal sufficiency
ATTEST:
Priscilla A. Thompson, City Clerk
Approved as to form and correctness:
Alejandro Vilarello, City Attorney
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
mm
Page 5
County Manager
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
Joe Arriola, City Manager
Approved as to Insurance Requirements:
Diane Ericson, Risk Management Administrator
Revised 9/8/(03
r��- 966