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HomeMy WebLinkAboutSubmittal-Additional Back-UpCity of Miami Legislation Resolution City Hall. 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00267 Final Action Date: A RESOLUTION OF THE MIAMi CITY COMMISSION, WITH ATTACHMENT(S), .AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM. OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE PURPOSE OF THE CITY OF MIAMI TO FUND, IN AN AMOUNT NOT TO EXCEED $75000, THE CONSTRUCTION/INSTALLATION OF A PLAYGROUND AND YOUTH ATHLETIC FIELD FOR THE LIBERTY SQUARE PUBLIC HOUSING DEVELOPMENT; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.296001.552000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS NECESSARY IN ORDER TO IMPLEMENT COMPLIANCE WITH SAID MEMORANDUM OF UNDERSTANDING. WHEREAS, Miami -Dade County ("County") owns and operates through its housing department, the Miami -Dade Housing Agency, a public housing development commonly known as the Liberty Square Public Housing Development ("Liberty Square"); and WHEREAS, Liberty Square presently Tacks a playground and youth athletic field for the children who reside with their families in the public housing development; and WHEREAS, the City of Miami ("City"), the County and the residents desire to create a safe environment for the children of Liberty Square; and WHEREAS, the City desires to assist the County via its housing agency by funding the construction/installation of a playground area and youth athletic field for the children of Liberty Square; and WHEREAS, the City Commission wishes to authorize the City Manager to execute a Memorandum of Understanding ("MOU"), in substantially the attached form, for this purpose; 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 fully set forth in this. Section. Section 2. The City Manager is authorized{1} to execute a MOU, in substantially the attached form, between the City and the County, for the purpose of the City to fund, in an amount not to exceed $75,000, the construction/installation of a playground and youth athletic field for Liberty Square, with funds allocated from Account No. 00001.296001.552000. Section 3. The City Manager is further authorized{1} to execute any other documents, amendment, extensions, and modifications necessary in order to implement compliance with said . MOU. City of Miami Page 1 of 2 File Id: 13-00267 (Version: 2) Printed On: 4/10/2013 13-.00267- Svr 'mi la.l- Lack -Up File Number: 13-00267 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {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 City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. Submitted into the public record in connection with items CAI on 4-11-0 Todd B. Hannon City Clerk City of Miami Page 2 of 2 File Id: 13-00267 (Version: 2) Printed On: 4/10/2013 MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI This Memorandum of Understanding ("MOU") is made 'and entered into this day of , 2013 by and between the Miami -Dade County, a political subdivision of the State of Florida ("County"), and the City of Miami, a body politic ("City"). RECITALS WHEREAS, on , 201_, the City Commission adopted - Resolution No. which authorized the City to allocate in funds for ; and WHEREAS, the County owns and operates a public housing development commonly known as the Liberty Square Public Housing Development (hereinafter "Liberty Square"); and WHEREAS, the County has delegated the administration of its public housing program to its housing department, Miami -Dade Public Housing and Community Development Department; and WHEREAS, Liberty Square presently lacks a playground and sports field area for the children who reside with their families in the public housing development and surrounding community; and WHEREAS, the City, the County and the residents desire to create a safe environment for the children of Liberty Square; and WHEREAS, the City desires to fund the installation of a playground area for the children of Liberty Square to be located and WHEREAS, the Miami -Dade County Board of County Commissioners pursuant to Resolution No. R- -12 has authorized the County Mayor or the County Mayor's designee to execute this MOU with the City; and WHEREAS, the Miami City Commission pursuant to Resolution No. has authorized the City Manager or the City Manager's designee to execute this MOU with the County; and 1 of 13 Submitted into the public record in connection with itemsa4.1 on 4 -1l -1 Todd B. Hannon City Clerk NOW THEREFORE, in consideration of the premises and mutual covenants and promises contained herein, the County and the City agree as follows: ARTICLE I PURPOSE The purpose of this MOU is to ensure for the funding and installation of a playground for the children of Liberty Square. The parties recognize that a playground that is installed within the boundaries of the public housing development will provide a safe haven for the children who reside within the development. The use of the word "playground" for this MOU refers to the designated area located at Liberty Square where stationary and manipulative play equipment will be located to facilitate a child's physical, emotional, social, and intellectual development. ARTICLE II TERM OF THE MOU 2.1 The term of this MOU shall commence on the last date of execution by the parties and' continue until 20 unless terminated by either party pursuant to Article VII below. 2.2 The parties agreethat time is of the essence in the performance of each and every obligation under this MOU. ARTICLE III RESPONSIBILITIES OF THE PARTIES 3.1 City's Responsibilities. The City hereby agrees as follows: (a) To install playground equipment purchased by the County, and to fund and install a youth) athletic field, irrigation; fencing, bleacher, and shade structure to be located within Liberty Square. Subject to available funds, the maximum amount payable for services rendered under this MOU shall not exceed One Hundred Seventy -Five Thousand Dollars 00/100 ($175,000.00). (b) To install the playground in substantially the design described in Exhibit A. (c) To fund and install the youth athletic field, irrigation, fencing, bleacher, and shade structure in substantially the design described in Exhibit B. (d) Provide proper fall surfacing under and in the playground area. The City shall consider the standards for fall surfacing recommended by the National 2of13 ( Submitted into the public record in connection with items CR I on /0 Todd B. Hannon City Clerk Program for Playground Safety, including ensuring that twelve (12) inches of loose -fill surfacing is used to provide an extra measure of safety. "Loose -fill" choices may include sand, pea gravel, wood products (chips, mulch), and rubber products (i.e., shredded tires), or pour -in -place safety surface. The age of the children, as defined in this paragraph, who will use the playground shall be considered prior to the selection of the appropriate loose -fill. (e) Ensure that the playground is not installed over cisterns, or near poisonous plants such as nightshade. 3.2 County's Responsibilities. The County hereby agrees as follows: (a) To fund the acquisition of the playground equipment. (b) To ensure that a warranty for the playground is issued in the name of Miami - Dade County in substantially the form attached hereto as Exhibit C. (c) Design an age -appropriate playground. The County will further ensure that the design and equipment complies with the standards established by the American Society for Testing and Materials (ASTM), which sets industry standards for playground equipment, and the standard for Public Use Playground Equipment. The design should also comply with the safety standards established by the National Program for Playground Safety. (d) To ensure that the playground and the public housing development are secured by fencing. (e) To properly maintain the playground, youth athletic field, irrigation, fencing, bleachers, safety surface, and shade structure for its lifetime, including the equipment and the surfacing as well as the vendor's maintenance recommendations as more fully described in Exhibit D. The maintenance of the playground does not include any areas that require maintenance by a third party, including but not limited to any vendor who is leasing space in the community center adjacent to the newly installed playground. The County shall ensure that nuts and bolts are tightened and all other safety measures are taken into account. The County shall ensure that trash is picked up in the playground and shall maintain the loose -fill surface material at a proper depth to absorb any falls. Animals should be kept out of the area. Should the County fail to maintain the playground equipment and surfacing in accordance with this provision, the County shall, at its own expense, restore the playground equipment and/or surfacing to its original condition. ARTICLE IV PROJECT MANAGEMENT AND NOTICE 3 of 13 Submitted into the public record in connection with items Ca l on 4-11-13 Todd B. Hannon City Clerk 4.1 The Project Manager for the County is Jeannie Mendoza, Interim Director, Asset Management Division, Miami -Dade Public Housing and Community Development, 701 N.W. 1st Court, 16th Floor, Miami, Florida 33136, telephone number (786) 469- . The Project Manager for the City is Ralph Gonzalez, Operations Coordinator, City of Miami Parks . and Recreation Department, , Miami, Florida 33 , telephone number (305) 960-3001. The parties shall direct all matters arising in connection with the performance of this MOU, other than notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this MOU. 4.2 All notices, demands,,or other communications to Miami -Dade County under this MOU shall be in writing and shall be deemed received if sent by certified mail to: Miami -Dade County 111 N.W. lst Street, Suite 2810 Miami, Florida 33128 Attn: County Mayor All notices, demands, or other communications to the City under this MOU shall be in writing and shall be deemed received if sent by certified mail to: City of Miami 3500 Pan American Drive Miami, Florida 33133-5504 Attn.: City Manager City Attorney, 444 SW 2„d Avenue 9th Floor Miami, FL 33130 The County and the City shall also provide a copy of all notices to the Project Managers. All notices required by this MOU shall be considered delivered upon receipt. Should any party change its address, written notice of such new address shall promptly be sent to the other parties. ARTICLE V INDEMNIFICATION 5.1 The County assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the County and the officers, employees, servants, and agents thereof. The County warrants and represents that it is self -funded for liability insurance, or has liability insurance, 4 of 13 j Submitted into the public record in connection with itemsCA•I on L4-II..13 Todd B. Hannon City Clerk both public and property, with such protection being applicable to the County officers, employees, servants and agents while acting within the scope of their employment with the County. 5.2 The City assumes any and all risks of personal injury,' bodily injury and property damage attributable to the negligent acts or omissions of the City and the officers, employees, servants, and agents thereof. The City warrants and represents that it is self -funded for liability insurance, or has liability insurance, both public and property, with such protection being applicable to the City's officers, employees, servants and agents while acting within the scope of their employment with the City. 5.3 The County and the City further agree that nothing contained herein shall be construed to interpret as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the United States or its agents and agencies to be sued; (3) the consent of the State of Florida or its agents and agencies to be sued; or (4) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE VI INSURANCE 6.1 The parties hereto acknowledge that the County and the City are self -insured governmental entities subject to the limitations of Section 768.28, Florida Statues. The County and the City shall maintain a fiscally sound and prudent risk management program with regard to their obligations under this MOU in accordance with the provisions of Section 768.28, Florida Statutes. The County and the City shall collect and keep on file documentation of insurance of any and all contractors contracted to provide the services or product used in conjunction with this MOU in any way. The County and the City shall further require all contractors to include the County and the City as named insured and shall provide the County and the City with a copy of the insurance policy purchased by any contractor prior to commencement of the Services. ARTICLE VII TERMINATION/REMEDIES 7.1 If any party fails to fulfill its obligations under this MOU in a timely and proper manner, the other parties shall have the right to terminate their participation under this MOU by giving written notice of any deficiency. The party in default shall then have thirty (30) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails -to correct the deficiency within this time, this MOU shall terminate at the expiration of the thirty (30) day time period. 5 of 13 Submitted into the public record in connection with items Cal on 4-11-13 Todd B. Hannon City Clerk 7.2 Any party may terminate this MOU at any time for convenience upon ninety (90) calendar days prior written notice to the other party. Any such termination shall be effected by delivery to the other of a Notice of Termination specifying the extent to which performance of work under the MOU is terminated, and the date upon which such termination becomes effective. 7.3 In the event a dispute arises which the Project Managers cannot resolve between themselves, the parties shall have the option to submit to nonbinding mediation. The mediator or mediators shall be impartial, shall be selected by parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 7.4 This MOU has no third -party beneficiaries (intended or incidental), who may enforce obligations of any party should the MOU be terminated. ARTICLE VIII RECORDS RETENTION/OWNERSHIP The County and the City shall maintain records and each party shall have inspection and audit rights as follows: 8.1. Maintenance of Records: All parties shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this MOU including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration or termination date of this MOU. 8.2. Examination of Records: All parties or their designated agents shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this MOU: Such examination may be only within five years from the expiration or termination of this MOU and upon reasonable notice, time and place. 8.3. Extended Availability of Records for Legal. Disputes: In the event that any party should become involved in a legal dispute with a third party arising from. performance under this MOU, the other parties shall extend the period of maintenance for all records relating to this MOU until the final disposition of the legal dispute, and all such records shall be made readily available. ARTICLE IX STANDARDS OF COMPLIANCE 6 of 13 ( Submitted into the public record in connection with itemsCA.I on Todd B. Hannon City Clerk 9.1 The County and City, their employees, subcontractors, partners or assigns, shall comply withall applicable federal, state, and local laws and regulations relating to the performance of this MOU to which their activities are subject. 9.2 The County and the City shall allow public access to all project documents and materials it maintains in accordance with the provisions of Chapter 119, Florida Statutes. Should the County and/or the City assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be both upon the County and the City. 9.3 All parties assure that no person shall be excluded on the grounds of race, color, creed, religion, national original, ancestry, disability, age, sex, pregnancy, marital status, familial status, sexual orientation, veteran status, or source of income from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this MOU. All parties shall take all measures necessary to effectuate these assurances. ARTICLE X RELATIONSHIP BETWEEN THE PARTIES 10.1 The County and the City are independent contractors. No party is an employee or agent of any other party. Nothing in this MOU shall be interpreted to establish any relationship other than that of independent contractors, between the County and the City, or between their respective employees, agents, subcontractors, partners, or assigns, during or after the performance of this MOU. ARTICLE XI GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this MOU to the contrary, the parties shall not be held liable for any failure or delay in the performance of this MOU that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts of God, or for any other cause of same character which is unavoidable through the exercise of due care and beyond the contrdl of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this MOU shall otherwise remain in effect. 11.2 In the event any provisions of this MOU shall conflict, or appear to conflict, the MOU, including all exhibits, attachments and all other documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 7of13 Submitted into the public record in connection with itemsC4 / on ''11-13 Todd B. Hannon City Clerk 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this MOU by the parties, their successors and assigns shall not be deemed a waiver of any rights or remedies, nor- shall it relieve the otherparties from performing any subsequent obligations strictly in accordance with the term of this MOU. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this MOU specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this MOU be held, to any extent invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this MOU, to the extent that the MOU shall remain operable, enforceable and in full force and effect to the extent permittedby law. 11.5 This MOU may be amended only with the written approval of the parties hereto. 11.6 This MOU states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this MOU. The parties recognize that any representations, statements or negotiations made by the staff of either party does not suffice to legally bind either party in a contractual relationship unless they have been reduced to writing and signed by their authorized representative(s). This MOU shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. - 8 of13 J Submitted into the public record in connection with items CR1 on 4- i1-I3 Todd B. Hannon City Clerk IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this MOU on the date first written above. ATTEST: Harvey Ruvin, Clerk Deputy Clerk ATTEST: Todd B. Hannon, City Clerk By. By: By: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Russell Benford Deputy Mayor Approved for legal form and sufficiency: Terrence A. Smith Assistant County Attorney CITY OF MIAMI, a municipal corporation of the State of Florida City Clerk Johnny Martinez. City Manager Approved as to Insurance Requirements: Calvin Ellis, Director, Risk Management By: 9 of 13 Approved for legal form and sufficiency: Julie O. Bru, City Attorney Submitted into the public record in connection with items C Lon Li-114 Todd B: Hannon o City Clerk EXHIBIT "A" PLAYGROUND DESIGN 10 of 13 Submitted into the public record in connection with items/on Todd B. Hannon City Clerk EXHIBIT "B" ATHLETIC FIELD DESIGN 1 11 of 13 Submitted into the public record in o items en, on e with I �3 Todd B. Hannon City Clerk EXHIBIT "C" PLAYGROUND EQUIPMENT WARRANTY 12 of 13 Submittedjnto the public record in connejtion with items CA. I on 1-11-0 Todd B. Hannon City Clerk EXHIBIT "D" Vendor Recommended Maintenance Schedule. 13 of 13 Submitted into the public record in connection w'th itemsea l on 4-1I'I Todd B. Hannon City Clerk