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
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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.
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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.
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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
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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.
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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.
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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
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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
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(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
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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.
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