Miami-Dade Legislative Item
File Number: 112211
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File Number: 112211 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: ROADWAY IMPROVEMENTS ALONG NW 138 STREET Introduced: 10/21/2011
Requester: Public Works & Waste Management Cost: Final Action:
Agenda Date: 12/6/2011 Agenda Item Number: 8M9
Notes: SEE #112706 FOR FINAL VERSION AS ADOPTED. X112256 Title: RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN MIAMI-DADE COUNTY AND THE CITY OF HIALEAH, PROVIDING FOR REIMBURSEMENT TO THE COUNTY FOR PROJECT COSTS PROVIDED TO THE CITY FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ALONG NW 138 STREET, FROM NW 107 AVENUE TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AT I-75 AND TERMINATION OF THE JPA; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN (SEE AGENDA ITEM NO 8M2)
Indexes: ROAD IMPROVEMENTS
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/6/2011 8M9 Amended
REPORT: (See Agenda Item 8M9 Amended; Legislative File No. 112706 for the amended version.)

Regional Transportation Committee 11/7/2011 3N Forwarded with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing resolution. Hearing no questions or comments from Committee members, the Administration or the audience, the Committee proceeded to vote.

County Attorney 11/1/2011 Assigned Debra Herman 11/1/2011

County Mayor 10/21/2011 Assigned County Attorney 12/6/2011
REPORT: PWWMD - Pending Committee Assignment.

County Mayor 10/21/2011 Assigned Alina Tejeda-Hudak 10/21/2011 10/21/2011

Legislative Text


TITLE
FIRST AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN MIAMI-DADE COUNTY AND THE CITY OF HIALEAH, PROVIDING FOR REIMBURSEMENT TO THE COUNTY FOR PROJECT COSTS PROVIDED TO THE CITY FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ALONG NW 138 STREET, FROM NW 107 AVENUE TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AT I-75 AND TERMINATION OF THE JPA; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYORíS DESIGNEE TO EXERCISE THE PROVISIONS THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and
WHEREAS, the County and the City agree that funds paid by the County to the City for the Project will be reimbursed by the City within sixty (60) business days of the execution of (a) this Amendment to the Joint Participation Agreement (JPA), (b) the execution of the Road Jurisdiction Transfer Agreement between Miami-Dade County and the Miami-Dade Expressway Authority for NW 138 Street from Okeechobee Road/SR 25 to Florida Department of Transportation right-of-way at I-75, and (c) the recordation of the Official Right-of-Way Transfer Map in the Public Record of Miami-Dade County, Florida, and thereafter the remainder of the JPA shall be terminated, as set forth therein,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves this Amendment to the JPA between Miami-Dade County and the City of Hialeah, in substantially the form attached hereto and made a part hereof; authorizing the County Mayor or County Mayorís designee to execute same for and on behalf of Miami-Dade County and to exercise the provisions contained therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: First Amendment to the Joint Participation Agreement (JPA) Between Miami-Dade County and The City of Hialeah, Providing for Reimbursement to the County for Project Costs Provided to the City for the Construction of Roadway Improvements Along NW 138 Street, from NW 107 Avenue to Florida Department of Transportation Right-of-Way at I-75 and Termination of the JPA

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution authorizing execution of a First Amendment to the Joint Participation Agreement (JPA) between Miami-Dade County (County) and the City of Hialeah (City), to reimburse the County for funds provided to the City for the construction of roadway improvements along NW 138 Street, from NW 107 Avenue to Florida Department of Transportationís (FDOT) right-of-way west of Interstate 75 (I-75) (Project). The Amendment also provides that the remainder of the JPA be terminated after the City provides reimbursement.

MANAGER'S BACKGROUND
SCOPE
The majority of the Project is located along the common municipal boundary of the Cities of Hialeah and Hialeah Gardens, with the remaining portion located completely within the City of Hialeah. The entire length of the Project is within Commission District 12.

FISCAL IMPACT/FUNDING SOURCE
The County agreed to provide funds up to a maximum contribution of $14,400,000, including contingencies. The project's construction plans were provided by the City at its sole expense. The County's funding was derived from Road Impact Fees (RIF) District 3 ($3,850,000), Local Option Gas Tax (LOGT) ($400,000), and Secondary Gas Tax (SGT) ($10,150,000) funds.

The City was eligible to receive $6,860,000 through FY 2010-2011. The amount of project reimbursements subsequently paid to the City, and that will be remitted to the County after execution of this Amendment totals $6,860,000.

DELEGATION OF AUTHORITY
No additional authority is being requested within the body of this contract.

TRACK RECORD/MONITOR
The County has utilized the resources of the City to contract and construct the project on a reimbursable basis. Disbursement of County funds to the City was based upon City invoices with certified copies of paid contractor invoices. The construction of this Project is ongoing and will be completed by the City.

BACKGROUND
On June 30, 2009, the BCC approved a JPA between Miami-Dade County and the City, to provide County funding for the construction of the Project under Resolution No. R-838-09.

The Miami-Dade Expressway Authority (MDX) is currently pursuing the extension of SR 924 (Gratigny Expressway) west to the Homestead Extension of the Florida Turnpike (HEFT) and has contacted the City of Hialeah as MDX proposes to utilize NW 138 Street to provide this connection (Attachment 1). The City is in support of this proposed arrangement in order to facilitate access and mobility in this area of the County (Attachment 2). MDX has held public meetings for the project and has determined that the preferred alternative for the project is the NW 138 Street alignment.

In order for MDX to utilize its capital bond funding for the Project, MDX must have a property interest in the proposed facility. Therefore, MDX has requested that NW 138 Street be transferred from the County to MDX jurisdiction through a Road Jurisdiction Transfer Agreement. The resolutions approving a Road Jurisdiction Transfer Agreement between the County and MDX to transfer NW 138 Street from Okeechobee Road/SR 25 to west of I-75, from County to MDX jurisdiction, and the Official Right-of-Way Transfer Map for this roadway are concurrently being presented for approval by the BCC under separate resolutions.

This Amendment to the JPA requires that all funds paid by the County to the City for the Project will be reimbursed by the City within 60 business days of (a) this Amendment to the JPA being approved, (b) the execution of the Road Jurisdiction Transfer Agreement between the County and MDX for NW 138 Street from Okeechobee Road/SR 25 to FDOTís right-of-way west of I-75, and (c) the recordation of the Official Right-of-Way Transfer Map in the Public Record of Miami-Dade County, Florida. Thereafter, the remainder of the JPA shall be terminated and MDX will assume the responsibility to fund the Cityís Project. A new JPA between the County and the City will be submitted for other programmed projects within the City that will utilize the reimbursed funds.

On August 9, 2011, the City Commission adopted Resolution No. 11-79, approving this Amendment.



__________________________
County Manager/Deputy Mayor



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