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HomeMy WebLinkAboutExhibitRESOLUTION NO. 1 6 -0 3 A RESOLUTION OF THE DEPARTMENT OF OFF- STREET PARKING BOARD OF DIRECTORS APPROVING THE SALE OF THE OAK AVENUE GARAGE LOCATED AT 2848 OAK AVENUE, MIAMI, COCONUT GROVE, FLORIDA ("OAK AVENUE GARAGE") FOR THE PURCHASE PRICE OF $16,000,00.00; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, Department of Off -Street Parking d/b/a Miami Parking Authority ("MPA") owns certain real property at 2848 Oak Avenue, Miami, Florida; and WHEREAS, it is appropriate for the comfort, convenience, welfare and in the best interest of the citizens and residents of the City of Miami to sell the above mentioned property; and WHEREAS, it is deemed desirable and in the best interests of the Department of Off -Street Parking to utilize the proceeds from the sale of the aforementioned property for purposes of parking projects that will benefit the City of Miami, specifically Coconut Grove pursuant to this resolution, NOW, THEREFORE, BE IT RESOLVED by the Department of Off -Street Parking Board of Directors, as follows: The Director of MPA is authorized to sell the Oak Avenue Garage for $16,000,000.00, The Director of MPA is instructed to utilize the net proceeds from the sale of the Oak Avenue Garage for parking projects within the City of Miami, solely for Coconut Grove as follows: I. Coconut Grove Playhouse Project; 2. Grove Bay Parking Plaza; 3. Coconut Grove Business Improvement District Infrastructure Improvements; and 4. Regatta Pa± Phase II - Visitor Parking. Lot. ADOPTED and APPROVED by the Department of Off -Street Parking this day of nover,r,ta?.,-- , 2015. _OA Dorian Barrera Executive Secretary SEAL 061444' Thomas B. Jelke, RESOLUTION NO. /-51-050_- A RESOLUTION OF THE DEPARTMENT OF OFF-STREET PARKING (DOSP) BOARD OF DIRECTORS APPROVING THE ALLOCATION OF ONE MILLION THREE HUNDRED THOUSAND US DOLLARS ($1,300,00.00) TO THE CITY OF MIAMI SUBJECT TO THE SALE OF THE OAK AVENUE GARAGE LOCATED AT 2848 OAK AVENUE, MIAMI, FLORIDA ("OAK AVENUE GARAGE") FOR USE IN THE REDESIGN AND REBUILDING OF REGATTA PARK LOCATED AT 2700 SOUTH BAYSHORE DRIVE, COCONUT GROVE, FLORIDA ("REGATTA PARK") WHEREAS, the City and MPA wish to develop and expand the public parking lot that supports Regatta Park; WHEREAS, subject to the final sale of the Oak Avenue Garage, MPA will commit one million three hundred thousand US Dollars ($1,300,000,00) for purposes the enhancement and refurbishment of the Regatta Park parking lot; WHEREAS, the City of. Miami will benefit from the additional spaces by allowing for more residents to patronize the park; and NOW, THEREFORE, BE IT RESOLVED BY THE DEPARTMENT OF OFF-STREET PARKING (DOSP) BOARD OF DIRECTORS: Section 1. The recitals and findings found in the preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Department of Off -Street Parking hereby allocates and encumbers one million three hundred. thousand US Dollars ($1,300,000.00) for purposes of the Regatta Park parking lot. Section 3. This Resolution shall become effective immediately, The decision of the Department of Off -Street Parking Board shall be final. PASSED AND ADOPTED this °7— day of aam4a.,LizgeA)LeAA.D Dorian Barrera Executive Secretary SEAL 7Th mas B. Jelke, Chairperson 2015, REGATTA PARK INTERLOCAL BETWEEN CITY OF MIAMI AND MIAMI PARKING AUTHORITY This AGREEMENT, is made and entered into this day of , 2016, by and between the CITY OF MIAMI, FLORIDA, a municipal corporation of the STATE OF FLORIDA, hereinafter referred to as the "City", and the DEPARTMENT OF OFF-STREET PARKING a/k/a MIAMI PARKING AUTHORITY, an agent and instrumentality of the CITY OF MIAMI, hereinafter referred to as "MPA". WITNESSETH WHEREAS, the City owns certain real property at 2700 South Bayshore Drive, Coconut Grove, Florida 33133 also known as Regatta Park (the "Property"); and WHEREAS, the City desires to re -design and re -build the Property, including the existing parking lot, as reflected in the attached Exhibits; and WHEREAS, the project scope of Phase 2 includes, but is not limited to, milling and resurfacing, asphalt, curb and gutter, new sidewalks, French drains, signage and pavement markings, landscaping and lighting; as further described in the scope of work attached hereto as Exhibit "A"; and WHEREAS, the City wishes to develop an expanded public parking lot to support Regatta Park; and WHEREAS, the City will benefit from the additional spaces by allowing for more residents to patronize the park; and 1 WHEREAS, the operation and maintenance of this parking lot is the responsibility of the MPA, as stated in Article 3.1 in this Agreement; and WHEREAS, the MPA will support the City's efforts by providing funding in an amount not to exceed $1,300,000.00 for Phase 2 as is designated by Exhibit "B"; and WHEREAS, on November 4, 2016, MPA Board Resolution No. 15-03a authorized issuance of such funding, in an amount not to exceed $1,300,000.00, to the CITY; and WHEREAS, on 2016, the Miami City Commission, by Resolution No. R- 16- , authorized the acceptance of such funding in the amount of $1,300,000.00, from the MPA, to underwrite costs associated with Phase 2 of the project, as described in the Exhibit "C" attached hereto; and NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: 1 EFFECTIVE DATE AND TERM: This Agreement shall take effect upon its execution and shall terminate upon completion and close-out of the Project. 2 RESPONSIBILITIES OF CITY: The City is responsible for the management and administration of the Project. 2.1 Accounting: The City shall at all times maintain separate accounting for the costs of the Project so those costs may be independently verified and auditedby the MPA, at the request and cost of the MPA. The City agrees to permit the MPA 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 MPA for inspection within five (5) working days upon receipt of a written request from the MPA. 2 2.2 Design: The City will secure engineering design and consulting services from qualified firms to develop the construction plans, technical specifications, special provisions, pay items and construction cost estimates for the Project (the "Design Work") in accordance with all applicable City, County, State and Federal standards and specifications. The City agrees that the selection, retention and discharge of the design consultant shall be the responsibility of the City in accordance with applicable laws. The City shall have the right to award the Design Work to a qualified firm through an existing Agreement if deemed the most advantageous method to complete the Project. 2.3 Construction: The City shall procure the services of a licensed contractor holding a general contractor's license to construct the Project (the "Build Work"). The City may award the contract through any available lawful means which, in the City's discretion, affords the most cost effective and advantageous method for construction of the Project and 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. The City shall have the right to award the Build Work to a qualified firm through an existing Agreement if deemed the most advantageous method to complete the Project. Subsequent to the evaluation of bids or proposals by the City, if applicable, and the City's detetttiination of the most advantageous bid or proposal, the City shall provide said evaluation to the MPA for review and approval. The MPA agrees that the selection, retention and discharge of such contractor shall be the responsibility of the City. 3 2.4 Construction Administration and Inspection: The City shall exercise all responsibilities of the owner under the construction contract, including construction administration and inspections. The City may delegate this function to an authorized agent or Construction Engineering Inspection consultant. The City will allow the MPA access to the site for review and observation during construction. 2.5 Permits and. Approvals: During the course of the design, the City shall obtain all necessary approvals, permits, and utility adjustments; and coordinate the review of construction documents by utilities and permitting agencies. The City shall make all necessary adjustments as required for approval and/or permitting by those agencies. The City shall obtain all necessary approvals, permits, and utility adjustments for the Project in accordance with applicable State, Federal and Local Laws and ordinances. 2.6 Funding Amount: The MPA agrees to provide funds for Phase 2 of the Project in the amount not to exceed amount of $1,300,000.00, for eligible expenses, as defined herein, incurred by the City for the construction of Phase 2. The MPA shall disburse to the City funds for Phase 2 within thirty (30) days of execution of this Agreement. The MPA shall incur no liability for any costs in excess of said funding amount unless there has been a duly authorized increase approved by the MPA Board. 2.7 Project Cost Adjustments: The parties recognize that adjustments to the above - referenced costs may be required in the future and that at the option of the parties, amendments may be entered into to revise the funds available for Phase 2 of the 4 Project. Funding commitments shall be subject to the approvals of the parties' respective governing boards. 3. RESPONSIBILITIES OF THE MPA 3.1. Operation and Maintenance: The MPA agrees to operate and maintain all aspects of the parking lot in full and in conformity with Section 23 of the Charter of the City of Miami. 4 ELIGIBLE EXPENSES: The parties agree that the design, construction, inspections, permitting and administration expenses incurred by the City that are directly related to Phase 2 of the Project are eligible expenditures for MPA's funding, and documentation. will be made available to substantiate expenditures in the form of approved invoices, verified payment requests, documented journal entries, and/or check vouchers, at the request of the MPA. 5 COMPLIANCE WITH LAWS: The parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their 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 DISPUTE RESOLUTION, APPLICABLE LAW: The parties shall resolve any disputes, controversies 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 County, Florida. 5 7 ENTIRE AGREEMENT, AMENDMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and 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 written. It is further agreed that no modification, amendment or alteration in the terms contained herein shall be effective unless set forth in writing in accordance with this section. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the parties. 8 JOINT PREPARATION: The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties from the other. 9 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 MPA elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6 9 RECORDS AND REPORTS/AUDITS AND EVALUATION: Public Records; Maintenance of Records. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes, as amended. Contractor/consultant/provider shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of each party's audit rights in Section 9(c) below, both the CITY and MPA acknowledge and accept the authority of each to access the records, legal representatives' and contractors' records of the other, and the obligation of each 'to retain and to make those records available upon request, and in accordance with all applicable laws. Each party shall keep records to show compliance with this Agreement. In addition, each party's contractors and subcontractors must make available, upon request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Each party agrees to incorporate the other party's right to access all records in the possession of the Contractor and any subcontractors pertaining to the Project. b. Reports. The each party agrees to deliver or present to the other reports relating to the use of the funds, as requested. Failure to provide said reports shall result inthe funds, being withheld until there is compliance with this provision. Thereafter, continued failure by either party to provide such reports shall be considered a default under this Agreement. c. Audit Rights. Each party shall have the right to conduct audits of the other party's records as they may pertain to the performance of these activities. Such audits shall take place at a mutually agreeable date and time. 10 DEFAULT: If either party fails to comply with any term or condition of this agreement, or fails to perform any of its obligations hereunder, then that party shall be in default. Upon the occurrence of a default hereunder, the non -defaulting party, in addition to all remedies 7 available to it by law, may immediately, upon written notice to the other party, terminate this agreement. Default by the City shall result in the return of fiends. 11 TERMINATION RIGHTS: Either party shall have the right to terminate this agreement, in its sole discretion, at any time, by giving written notice to the other party at least thirty (30) days prior to the effective date of such termination. 12 MISCELLANEOUS PROVISIONS: 12.1 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 12.2 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 13 NOTICES: Any and all notices required to be given under this agreement shall be sent by first class mail, addressed as follows: To the MPA: Attention: Arthur Noriega, Chief Executive Officer Miami Parking Authority 40 NW 31'd Street, 1103 Miami, FL 33128 305-373-6789 With a copy to: Tiffany C. Britton, Esq., Senior Executive Advisor Miami Parking Authority 40 NW 31d Street, 1103 Miami, FL 33128 To the City: Attention: Jeovanny Rodriguez, P.E., Director City of Miami Capital Improvements and Transportation Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 8 (305) 416-1225 IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. ATTEST: MIAMI PARKING AUTHORITY, BY ITS BOARD OF DIRECTORS BY: BY: Arthur Noriega Chief Executive Officer ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida BY: BY: Todd B. Hannon Daniel J. Alfonso City Clerk City Manager (Affix City Seal) APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: Victoria Mendez City Attorney Anne -Marie Sharpe Risk Management Director 9 EXHIBIT A SCOPE OF WORK Project scope includes, but is not limited to, milling and resurfacing, asphalt, curb and gutter, new sidewalks, French drains, signage and pavement markings, landscaping and lighting. 10