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HomeMy WebLinkAbout23125AGREEMENT INFORMATION AGREEMENT NUMBER 23125 NAME/TYPE OF AGREEMENT INTERLOCAL COOPERATION AGREEMENT DESCRIPTION NEW LIBERTY CITY PARKING LOT-1620 NW 58TH STREET/MATTER ID. NO. 20-1005 EFFECTIVE DATE March 29, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/9/2020 DATE RECEIVED FROM. ISSUING DEPT. 7/24/2020 NOTE. 40 N.W. Third Street, Suite 1103 Miami, FI 33128 Phone (305) 373-6789 Fax (305) 371-9451 www.miamiparking.com MIAMI PARKING AUTHORITY TO: Todd B. Hannon, City of Miami - City Clerk FROM: Roland C. Galdos, Esq., Miami Parking Authority SUBJECT: Interlocal Cooperation Agreement — New Liberty City Parking Lot —1620 NW 58th Street (Matter ID. No. 20-1005) DATE: July 10, 2020 Enclosed please find attached the Fully Executed Interlocal Cooperation Agreement for the New Liberty City Lot at 16 NW 58th. This Agreement is between Miami Parking Authority and Liberty City Community Revitalization Trust. Should you have any questions, please feel free to contact me at 305-373-6789 ext. 227. INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") dated as of the 2 day of Ipe , 2020, (but effective as of , 2020, the "Effective Da between the Miami Parking Aut ority, officially known as the Department of Off -Street Parking ("DOSP"), a limited agency and instrumentality of the City of Miami, having its principal office at 40 NW 3rd Street, Suite 1103, Miami, Florida 33133, and the Liberty City Community Revitalization Trust, a limited agency and instrumentality of the City of Miami ("Trust"), having offices located at 4800 NW 12th Avenue, Miami, Florida 33127. The DOSP and the Trust shall collectively be referred to as the "Parties", and each may individually be referred to as a "Party". WITNESSETH WHEREAS, it is the purpose and intent of this Agreement to permit and authorize the DOSP and the Liberty City Trust to make the most efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby achieve the results provided thereby pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969 (the "Cooperation Act"); and, WHEREAS, DOSP was created in 1955 by a Special Act of the Florida State Legislature and incorporated into the City of Miami's Charter in 1968; and, WHEREAS, DOSP manages and develops on- and off-street parking in the City of Miami; and, WHEREAS, DOSP is a self-sustaining agency managed by parking industry professionals and financed by parking revenues that has established its expertise in such management and development; and, WHEREAS, in accordance with the Cooperation Act, it is the purpose hereof that the DOSP and the Trust be provided a means whereby the DOSP and the Trust may exercise collectively their powers, privileges and authority for the benefit of the Liberty City Revitalization District (the "Revitalization District"); and, WHEREAS, the DOSP owns surface parking lots within the boundaries of the Revitalization District (as described below), and it is the DOSP's intention to have the Liberty City Trust maintain them; and, WHEREAS, the boundaries for the Revitalization District are the contiguous area bounded by Northwest 71st Street to the North, State Road 112 to the South, I-95 to the East and Northwest 17th Avenue to the West, and the Page 1 of 14 City area of Northwest 17th to 19th Avenue between Northwest 58th Street and State Road 112, all in Miami, Miami -Dade County, Florida; and, WHEREAS, it is necessary and appropriate for the Parties hereto to cooperatively provide for the cooperation for the undertaking and carrying out of the redevelopment of the Revitalization District, and for the Parties to cooperate and jointly proceed as provided herein; and NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties, and in order to set forth the rights, duties and powers of the Parties for the purpose of implementing the foregoing, the DOSP and the Trust hereby covenant and agree as follows: ARTICLE I AUTHORITY This Agreement is entered into pursuant to and under the authority of the provisions of the Cooperation Action; Part I of 1969,.Section 163.01, Florida Statutes, as amended; the Municipal Home Rule Powers Act, Part I of (Chapter 166, Florida Statutes); the Charter of the City of Miami, and other applicable provisions of law. ARTICLE II DEFINITIONS The terms defined in this Article shall have the following meanings for purposes of this Agreement when initially capitalized herein: "Agreement" means this Interlocal Cooperation Agreement, including any exhibits hereto, as the same may be hereafter amended from time to time. "City" means the City of Miami, Florida, a municipal corporation organized under the laws of the State of Florida, and any successors thereto or assigns thereof. "Cooperation Act" means Section 163.01, Florida Statutes. "Department of Off -Street Parking" or "Miami Parking Authority" means the Agency and instrumentality of the City of Miami that was created in 1955 by a Special Act of the Florida State Legislature and incorporated into the City of Miami's Charter in 1968. Page 2 of 14 "Development Projects" mean the projects that may be undertaken in cooperation between the DOSP and the Trust, primarily the parking lots along 17th Avenue, and such additional projects as may be identified during the 'course of the engagement. "DOSP Board" means the five person DOSP Board of Directors nominated by the Board itself and approved by the City Commission of the City of Miami. "Effective Date" means the date as determined by Section 10.4 hereof on which this Agreement becomes effective. "Fiscal Year" means the fiscal years of the City commencing on October 1 of eachyear and ending on the next succeeding September 30, or such other fiscal year as may be established by law. "HUD Plan" means the Five Year Consolidated Plan, adopted by the City in June, 1999, pursuant to City Commission Resolution No. 99-429. "Master Plan" means the plan for redevelopment of the Revitalization District, as provided for in Article XI hereof. "Revitalization District" or "Liberty City Neighborhood" means the Model City Community Revitalization District, specifically that portion of the City which is located at the contiguous area bounded by Northwest 71st Street to the North, State Road 112 to the South, I-95 to the East and Northwest 17th Avenue to the West, and the adjacent area of Northwest 17th to 19th Avenues between Northwest 58th Street and State Road 112. "Trust Board" means the five member body designated by the City Commission to serve as governing body for the Trust as provided for in Division 2 of the Article I, Community Revitalization Districts of Chapter 12.5 of the Code of the City of Miami, Florida, as now or hereafter amended (the "City Code"). ARTICLE III PURPOSE, COOPERATION AND DEVELOPMENT PROJECTS Section 3.1 Purpose. The City and the Trust acknowledge and agree that the purpose of this Agreement is to set forth the cooperative relationship between the DOSP and the Trust, the respective duties and obligations thereof and the procedures to be followed by the Parties hereto for maintenance and upkeep of the surface parking lots built within the Revitalization District. Section 3.2 Pledge of Cooperation. The DOSP and the Trust recognize the necessity of working closely and coordinating with each other in Page 3of14 order to effectuate the intent of this Agreement. To facilitate the redevelopment of the Revitalization District, the DOSP and Trust will undertake, or cause to be undertaken, Development Projects comprising a comprehensive approach to redevelopment the Revitalization District and providing a quality environment for raising families and an environment to stimulate business and economic development. ARTICLE IV POWERS OF THE LIBERTY CITY TRUST The Trust shall exercise the powers and duties as provided in Sections 12.5-26 through 12.5-39 of the City of Code, and as provided within this Agreement. ARTICLE V RESPONSIBILITIES AND DUTIES OF THE TRUST Section 5.1 The Trust shall be responsible for coordinating the maintenance and upkeep of the designated lots defined herein on Exhibit "A" and Exhibit "C", including but not limited to the hiring of a qualified maintenance person which will be responsible for duties outlined in Exhibit "B" (Job Description). DOSP shall contribute funds as outlined in Section 7.2 in order to contribute towards the maintenance of the surface lots in the Revitalization District. The Trust shall advise DOSP of the status of maintenance of the lots. Section 5.2 The Trust shall provide appropriate community forums to communicate the need for area residents to secure the positions which will be created in order to perform the necessary maintenance and upkeep outlined in the duties contained in Exhibit "B". Section 5.3 The Trust shall manage the funds for the ongoing maintenance of the parking improvements that are herein proposed. ARTICLE VI POWERS OF THE DOSP DOSP shall exercise the powers and duties as provided in Section 23 of the Charter of the City of Miami, and as provided within this Agreement. Page 4 of 14 ARTICLE VII RESPONSIBILITIES AND DUTIES OF DOSP Section 7.1 DOSP shall provide guidance to the Trust regarding the maintenance of the parking lots to include schedule and estimated costs for such maintenance to ensure that the completed lots remain in good working order and continue to be a benefit to those who utilize them. Section 7.2 DOSP shall provide the Trust with a $17,000.00 payment per fiscal year (payable in quarterly installments) for the Trust to absorb the costs associated with the maintenance of the lots. ARTICLE VIII TERMINATION This Agreement can be terminated with thirty (30) days written notice by either the Liberty City Trust or the Miami Parking Authority (DOSP), for convenience, or for any or no reason. The initial term of this agreement will be for three (3) years from the Effective Date with the ability to renew for two (2) additional one (1) year periods, for a total of five (5) years. Upon termination, any advance payments made by the DOSP to the Liberty City Trust shall be due for full reimbursement. ARTICLE IX REPRESENTATIONS; WARRANTIES; COVENANTS SECTION 9.1 Representations and Warranties and Covenants of the DOSP. The DOSP represents, warrants, and covenants to the Trust that each of the following statements is presently true and accurate: (a) The DOSP is a limited agency and instrumentality of the City of Miami, an existing agency of a municipal corporation organized under the laws of the State of Florida, and has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a Party. (b) This Agreement has been duly authorized by all necessary action on the part of, and has been, or will be, duly executed and delivered by the DOSP, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or Page 5 of 14 credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the DOSP is a party, or (iii) contravenes or results in any breach of, or default under any other agreement to which the DOSP is a party, or results in the creation of any lien or encumbrance upon any property of the DOSP. (c) This Agreement, when entered, constitutes a legal, valid and binding obligation of the DOSP, enforceable against the DOSP in accordance with the terms hereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) There are no pending or, to the knowledge of the DOSP, threatened actions or proceedings before any court or administrative agency of the DOSP, or against any officer of the DOSP, which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transaction contemplated hereunder of the financial condition of the DOSP. Section 9.2 Representations and Warranties and Covenants of the Trust. The Trust represents and warrants to the DOSP that each of the following statements is presently true and accurate: (a) The Trust is a limited agency of the City of Miami and has the powers and authority to perform its obligations under this . Agreement and each document contemplated hereunder to which it is or will be a party. (b) This Agreement has been duly authorized by all necessary action on the part of, and has been, or will be, duly executed and delivered by the Trust, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the Trust is a party, or (iii) contravenes or results in any breach of, or default under any other agreement to which the Trust is a party, or results in the creation of any lien or encumbrance upon any property of the Trust. (c) This Agreement, when entered, constitutes a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with the terms hereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect Page 6 of 14 which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) The Trust shall timely fulfill, or cause to be fulfilled, all of its obligations hereunder. ARTICLE X MISCELLANEOUS Section 10.1 Entire Agreement. This Agreement, its attachments and any related agreements entered as provided herein constitute the entire agreement of the Parties hereto. Section 10.2 Modification or Amendment. This Agreement may be amended in writing by the mutual agreement of the Parties. Section 10.3 Severability. If any obligation of any Party to this Agreement is found to be invalid or if any one or more of the covenants, agreements or provisions of this Agreement should be held contrary to any express provision of law, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Agreement, which shall remain in full force and effect. Section 10.4 Assignment. This Agreement shall not be assigned by DOSP or the Trust, in whole or in part, without the prior written consent of the other Party. Section 10.5 No Member Liability. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the governing body or agent or employee of the DOSP or the Trust in its, his/her or their individual capacity, and neither the members of the governing body of the DOSP or the Trust, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the DOSP or the Trust of this Agreement or any act pertaining thereto. Section 10.6 Notices. It is understood and agreed between the Parties that written notice addressed to the DOSP Chief Executive Director or to the President of the Trust, at the time, and mailed, certified/return receipt, hand delivered to the address appearing on page one (1) of this Agreement, or the email addresses of the respective representatives, shall constitute sufficient notice to either Party. Page 7 of 14 Section 10.7 Controlling Law. This Agreement shall be governed by the laws of the State of Florida. Proper venue for any proceedings pertaining to this Agreement shall be in Miami -Dade County, Florida. Section 10.8 Counterparts. This Agreement may be executed in two or more counterparts, and may be executed electronically, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same Agreement. Section 10.9 Attorney's Fees. In the event of any dispute arising under or related to this Agreement, each Party is responsible for its own attorney's fees, costs and expenses incurred at all judicial levels, including appeal, until such dispute is resolved with finality. ARTICLE XI INDEMNIFICATION Section 11.1 DOSP does hereby agree to indemnify and hold harmless the Trust, to the extent of the monetary limitations included within Florida Statutes, Section 768.28, as amended from time to time, whereby DOSP shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000.00, or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by DOSP arising out of the same incident or occurrence, exceeds the sum of $300,000.00 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise as a result of the negligence of DOSP. However, nothing herein shall be deemed to indemnify the Trust from any liability or claim arising out of the negligent performance or failure of performance of the Trust or as a result of the negligence of any unrelated third party. Section 11.2 The Trust does hereby agree to indemnify and hold harmless DOSP, to the extent of the monetary limitations included within Florida Statutes, Section 768.28, as amended from time to time, whereby the Trust shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000.00, or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the Trust arising out of the same incident or occurrence, exceeds the sum of $300,000.00 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise as a result of the negligence of the Trust. However, nothing herein shall be deemed to indemnify DOSP from any liability or claim arising out of the negligent Page 8 of 14 performance or failure of performance of DOSP or as a result of the negligence of any unrelated third party. Section 11.3 The Trust agrees, at its own expense, and upon written request by the DOSP, to defend any suit, action or demand brought against the DOSP on any claim or demand arising out of, resulting from or incidental to performance under this Agreement. Section 11.4 The provisions of this Article XI shall survive the expiration or early termination or cancellation of this Agreement. ARTICLE XII PUBLIC RECORDS The Trust and DOSP acknowledge both entities are a public agency within the statutory definition of Florida Statutes and subject to compliance with Chapter 119, Florida Statutes, as amended. Accordingly, all documents, digital or hardcopy, made pursuant to this Agreement are public records and must be maintained and produced in compliance with Florida Statutes and regulations. Page 9 of 14 IN WITNESS WHEREOF, the Parties hereto have entered into this Interlocal Cooperation Agreement as of the day and year first above written. ATTESTATION: Todd B. Hann City Clerk ATTESTATION: APPROVED AS TO FORM AND CORRECTNESS: LIBERTY CITY COMMUNITY REVITALIZATION TRUST By: El 'ne H. Black President/ CEO DEPARTMENT OF OFF-STREET PARKING By: Alejandra rgudin Chief Executive Officev r- APPROVED AS TO INSURANCE REQUIREMENTS: _ BY: gaA.412,6cy .L- %7 eV6/e BY: Victoria Mendez, Esq. Ann -Marie Sharpe City Attorney Risk Management Director Page 10 of 14 EXHIBIT A ADDRESSES AND LEGAL DESCRIPTION OF SURFACE LOTS 1) 5601 NW 17TH Avenue - legal description; FLORAL PARK 1ST AMD PB 8- 5 LOT 13 LESS W10FT FOR R/W & ALL LOT 14 BLK 33 LOT SIZE 90.000 X 105 2) 1630 NW 58TH Terrace - legal description; ORANGE HEIGHTS PB 14-62 LOTS 9 & 28 BLK 15 LOT SIZE IRREGULAR 3) 5901-5923 NW17TH Avenue -legal description; ORANGE HGTS PB 14- 62 ..LOT 1 & LOT 2 BLK 13 LOT SIZE 56.000 X 87 & 14 53 41 ORANGE HGTS PB 14-62 LOT 3 & LOT 4 SIFT OF LOT 5 BLK 13 LOT SIZE 51.000 X 89 & 14 53 41 ORANGE HEIGHTS PB 14-62 LOT 5 LESS S 1 FT & LOT 6 BLK 13 LOT SIZE 49.000 X 89 4) 1620 NW 58th Street —legal description; FLORAL PK 1st AMD PB 8-5 LOTS 100.000 X 106 OR 20325 Page 11 of 14 EXHIBIT B Position: Landscaping Maintenance Overall Responsibilities: Performs general landscaping and cleaning duties in parking lots. Duties: General landscaping duties such as mowing the lawn, trimming, edging, weeding, etc. Cleaning parking lots twice a week. Removal of trash from various parking lots. Cut or trim trees. Performs such other duties as assigned. Required Knowledge, Skills and Abilities: Requires ability to use hand tools for repairs and knowledge of cleaning equipment operation. Ability to: 1. Lift and move weights over 50 pounds. 2. Climb ladders. 3. Read, understand, and follow owner's operations manual. 4. Operate a motor vehicle, good driving record, 5. Work a flexible schedule as demanded by business needs. Education: High School education or equivalent. Requires reading, writing, adding, subtracting and following instructions. Operation of maintenance and cleaning equipment. Experience: Minimum 6 months experience. Judgment and Decision -Making: Repetitive or routine duties involving clearly defined standard practices. Some minor decisions and judgment within established precedent. Referral to supervisor of questionable decisions. Page 12 of 14 Responsibility: Responsible for your own works involving simple equipment with moderate responsibility for the safety of others. Probability of causing injury to self or others is possible. Requires strict adherence to safety rules and policies. Errors can be easily and quickly detected usually by the incumbent and would result only in minor delays. Minimal contact with personnel outside immediate workers and supervisor. Manual Skill and Dexterity: Skills and dexterity required are comparatively easy to acquire. Works within fairly broad guidelines. The manual abilities required are within the capabilities of the average individual following approximately two weeks' experience. Physical Effort: Moderate physical effort required, consisting of: a) Occasional lifting or moving of average weight materials (15 to 50 pounds) in difficult work positions resulting in considerable fatigue, or b) Occasional lifting or moving of heavyweight materials (over 50 pounds) or -Or- Continuous mental or visual attention; usually diversified operations requiring constant alertness or activity. Working Conditions: Somewhat unpleasant working conditions. Exposure to any number of elements such as noise, dirt, heat, wind, and rain. Page 13 of 14 Proposed Pricing The proposed pricing is based on the number of cleanings as follows: 2 cleanings a week @ 2 x $52.00 = $104.00 104 cleanings x 4 lots = 416 cleanings a year $17,000.00/416 = $40.00 per cleaning $17,000.00/12 = $1416.67 monthly Page 14 of 14